Title 54 USCTitle 54 Online@118-34not31 yes OLRC 2023-12-19T11:36:13 USCConverter 1.7.2  Title 54 NATIONAL PARK SERVICE AND RELATED PROGRAMS This title was enacted by Pub. L. 113287,  3 Dec. 19, 2014 128 Stat. 3094 Current through 118-34not31    Subtitle INational Park System   DIVISION AESTABLISHMENT AND GENERAL ADMINISTRATION  Chap. Sec.  1001. General Provisions 100101  1003. Establishment, Directors, and Other Employees 100301  1005. Areas of National Park System 100501  1007. Resource Management 100701  1008. Education and Interpretation 100801  1009. Administration 100901  1011. Donations 101101  1013. Employees 101301  1015. Transportation 101501  1017. Financial Agreements 101701  1019. Concessions and Commercial Use Authorizations 101901  1021. Privileges and Leases 102101  1023. Programs and Organizations 102301  1025. Museums 102501  1027. Law Enforcement and Emergency Assistance 102701  1029. Land Transfers 102901  1031. Appropriations and Accounting 103101  1033. National Military Parks 103301  1035. National Park Centennial Challenge Fund 103501  1035 1 1 Pub. L. 114289 reserved  1049. Miscellaneous 104901   DIVISION BSYSTEM UNITS AND RELATED AREASRESERVED   DIVISION CNATIONAL HERITAGE AREAS  1201. National Heritage Area System 120101  Subtitle IIOutdoor Recreation Programs  Chap. Sec.  2001. Coordination of Programs 200101  2003. Land and Water Conservation Fund 200301  2004. National Parks and Public Land Legacy Restoration Fund 200401  2005. Urban Park and Recreation Recovery Program 200501  Subtitle IIINational Preservation Programs   DIVISION AHISTORIC PRESERVATION   Subdivision General Provisions  3001. Policy 300101  3003. Definitions 300301   Subdivision Historic Preservation Program  3021. National Register of Historic Places 302101  3023. State Historic Preservation Programs 302301  3025. Certification of Local Governments 302501  3027. Historic Preservation Programs and Authorities for Indian Tribes and Native Hawaiian Organizations 302701  3029. Grants 302901  3031. Historic Preservation Fund 303101  3033 through 3037. reserved  3039. Miscellaneous 303901   Subdivision Advisory Council on Historic Preservation  3041. Advisory Council on Historic Preservation 304101   Subdivision Other Organizations and Programs  3051. Historic Light Station Preservation 305101  3053. National Center for Preservation Technology and Training 305301  3055. National Building Museum 305501   Subdivision Federal Agency Historic Preservation Responsibilities  3061. Program Responsibilities and Authorities 306101   Subdivision Miscellaneous  3071. Miscellaneous 307101   DIVISION BORGANIZATIONS AND PROGRAMS   Subdivision Administered by National Park Service  3081. American Battlefield Protection Program 308101  3083. National Underground Railroad Network to Freedom 308301  3084 2 2 African American Civil Rights Network 308401  3085. National Womens Rights History Project 308501  3086. United States African-American Burial Grounds Preservation Program 308601  3087. National Maritime Heritage 308701  3089. Save Americas Treasures Program 308901  3091. Commemoration of Former Presidents 309101   Subdivision Administered Jointly With National Park Service  3111. Preserve America Program 311101   Subdivision Administered by Other Than National Park Service  3121. National Trust for Historic Preservation in the United States 312101  3123. Commission for the Preservation of Americas Heritage Abroad 312301  3125. Preservation of Historical and Archeological Data 312501   DIVISION CAMERICAN ANTIQUITIES  3201. Policy and Administrative Provisions 320101  3203. Monuments, Ruins, Sites, and Objects of Antiquity 320301  Editorial Notes Amendments 2023 Pub. L. 117339,  2(d) Jan. 5, 2023 136 Stat. 6163 2022 Pub. L. 117328, div. DD, title VI,  643(b) Dec. 29, 2022 136 Stat. 5614 2020 Pub. L. 116152,  2(b) Aug. 4, 2020 134 Stat. 685 2019 Pub. L. 1169, title II,  2407(b) Mar. 12, 2019 133 Stat. 750 2018 Pub. L. 115104,  3(b) Jan. 8, 2018 131 Stat. 2261 2016 Pub. L. 114289, title I,  101(b) Dec. 16, 2016 130 Stat. 1484      Disposition Table  Former United States Code Section Disposition  16 U.S.C. 1 54 U.S.C. 100301 16 U.S.C. 1 54 U.S.C. 100302 16 U.S.C. 1 54 U.S.C. 100101 16 U.S.C. 1a Previously repealed. 16 U.S.C. 1a1 54 U.S.C. 100101 16 U.S.C. 1a2 54 U.S.C. 100751 16 U.S.C. 1a2(a) 54 U.S.C. 101302 16 U.S.C. 1a2(b) 54 U.S.C. 101302 16 U.S.C. 1a2(c) 54 U.S.C. 100906 16 U.S.C. 1a2(d) 54 U.S.C. 101302 16 U.S.C. 1a2(e) 54 U.S.C. 100901 16 U.S.C. 1a2(f) 54 U.S.C. 100901 16 U.S.C. 1a2(g) 54 U.S.C. 101702 16 U.S.C. 1a2(h) 54 U.S.C. 100751 16 U.S.C. 1a2(i) 54 U.S.C. 101302 16 U.S.C. 1a2(j) 54 U.S.C. 101702 16 U.S.C. 1a2(k) 54 U.S.C. 102102 16 U.S.C. 1a2 (l 54 U.S.C. 101703 16 U.S.C. 1a3 54 U.S.C. 100754 16 U.S.C. 1a4 Repealed as obsolete. Provided that the uniform allowance for uniformed employees of the National Park Service may be up to $400 annually. Superseded by 5 U.S.C. 5901(a) 16 U.S.C. 1a5 54 U.S.C. 100507 16 U.S.C. 1a6 54 U.S.C. 102701 16 U.S.C. 1a7(a) Repealed as obsolete. Required the Secretary of the Interior to transmit to the Committee on Energy and National Resources of the Senate and the Committee on Natural Resources of the House of Representatives a detailed program for the development of facilities, structures, or buildings for each unit of the National Park System consistent with general management plans. Repealed as obsolete because of the termination of the reporting requirement with respect to Congress, effective May 15, 2000 Pub. L. 10466 31 U.S.C. 1113 16 U.S.C. 1a7(b) 54 U.S.C. 100502 16 U.S.C. 1a7a 54 U.S.C. 102702 16 U.S.C. 1a7b 54 U.S.C. 104906 16 U.S.C. 1a7b See  4(d) of bill. 16 U.S.C. 1a8(a) 54 U.S.C. 101301 16 U.S.C. 1a8(b) Previously repealed. 16 U.S.C. 1a9 54 U.S.C. 100505 16 U.S.C. 1a12 54 U.S.C. 100506 16 U.S.C. 1a14 54 U.S.C. 100906 16 U.S.C. 1b 54 U.S.C. 100901 16 U.S.C. 1b(1) 54 U.S.C. 102711 16 U.S.C. 1b(2) 54 U.S.C. 100901 16 U.S.C. 1b(3) Not repealed but omitted from the text of title 54. Provides for transportation of employees of Carlsbad Caverns National Park. 16 U.S.C. 1b(4) 54 U.S.C. 101901 16 U.S.C. 1b(5) 54 U.S.C. 100901 16 U.S.C. 1c(a) 54 U.S.C. 100501 16 U.S.C. 1c(b) 54 U.S.C. 100755 16 U.S.C. 1d 54 U.S.C. 103102 16 U.S.C. 1e 54 U.S.C. 102302 16 U.S.C. 1f 54 U.S.C. 101701 16 U.S.C. 1g 54 U.S.C. 101702 16 U.S.C. 1h 54 U.S.C. 103103 16 U.S.C. 1i 54 U.S.C. 101704 16 U.S.C. 1j(a) 54 U.S.C. 101702 16 U.S.C. 1j(d) Repealed as unnecessary. Authorized to be appropriated sums necessary to carry out this section. 16 U.S.C. 2 54 U.S.C. 100302 16 U.S.C. 3 54 U.S.C. 100751 16 U.S.C. 3 See  4(a)(1) of bill. 16 U.S.C. 3 54 U.S.C. 100753 16 U.S.C. 3 54 U.S.C. 100752 16 U.S.C. 3 54 U.S.C. 102101 16 U.S.C. 3a 54 U.S.C. 103104 16 U.S.C. 3b Repealed as obsolete. Provided that privileges, leases, and permits granted by the Secretary to use land to accommodate park visitors could have provided for the maintenance and repair of Government improvements by the grantee. The grant authority was repealed in 1998. 16 U.S.C. 4 54 U.S.C. 100303 16 U.S.C. 5 100902 16 U.S.C. 6 54 U.S.C. 101101 16 U.S.C. 6a Previously repealed. 16 U.S.C. 7 Previously repealed. 16 U.S.C. 7a 54 U.S.C. 101501 16 U.S.C. 8 54 U.S.C. 101511 16 U.S.C. 81 Previously repealed. 16 U.S.C. 8a 54 U.S.C. 101511 16 U.S.C. 8d Repealed as unnecessary. National monuments are included in the term System unit. 16 U.S.C. 8e 54 U.S.C. 101512 16 U.S.C. 9 Previously repealed. 16 U.S.C. 9a Repealed as unnecessary. Under 16 U.S.C. 3 16 U.S.C. 10 Previously repealed. 16 U.S.C. 10a Previously repealed. 16 U.S.C. 11 54 U.S.C. 101303 16 U.S.C. 12 54 U.S.C. 102712 16 U.S.C. 13 54 U.S.C. 101303 16 U.S.C. 14 Previously repealed. 16 U.S.C. 14a Repealed as obsolete and unnecessary. Made appropriations available for the printing of cloth information and directional signs. 16 U.S.C. 14b 54 U.S.C. 103101 16 U.S.C. 15 54 U.S.C. 103101 16 U.S.C. 16 54 U.S.C. 104901 16 U.S.C. 17 54 U.S.C. 101304 16 U.S.C. 17a Previously repealed. 16 U.S.C. 17b 54 U.S.C. 104902 16 U.S.C. 17b1 Previously repealed. 16 U.S.C. 17c 54 U.S.C. 102712 16 U.S.C. 17d Repealed as obsolete. Provided that section 543 of former title 31 should not be construed to prohibit the acceptance of travelers checks and other forms of money equivalent in payment of automobile license fees, etc. charged at national parks. Section 543 was repealed by section 5(b) of Public Law 97258 16 U.S.C. 17e 54 U.S.C. 104903 16 U.S.C. 17f 54 U.S.C. 101304 16 U.S.C. 17i 54 U.S.C. 104904 16 U.S.C. 17j 54 U.S.C. 101305 16 U.S.C. 17j1 Repealed as obsolete. Provision relating to travel expenses for attendance of National Park Service field employees at authorized meetings was last enacted as section 1 (proviso in paragraph headed General expenses under heading NATIONAL PARK SERVICE) of the Interior Department Appropriations Act, 1941 (ch. 395, 54 Stat. 445 16 U.S.C. 17j2(a) Not repealed but omitted from the text of title 54. Authorizes appropriations for necessary protection of various system units. 16 U.S.C. 17j2(b) 54 U.S.C. 103102 16 U.S.C. 17j2(h) Not repealed but omitted from the text of title 54. Authorizes appropriations for acquisition of rights-of-way and maintenance of a water supply line outside the boundaries of Mesa Verde National Park. 16 U.S.C. 17j2(i) 54 U.S.C. 103102 16 U.S.C. 17k 54 U.S.C. 100504 16 U.S.C. 17 o Not repealed but omitted from the text of title 54. Provides purposes of this section. 16 U.S.C. 17 o 54 U.S.C. 101332 16 U.S.C. 17 o 54 U.S.C. 101333 16 U.S.C. 17 o Repealed as obsolete. Required that a report detailing the results of revisions of housing criteria be submitted to the Committee on Resources of the House of Representatives and the Committee on Energy and Natural Resources of the Senate not later than 180 days after November 12, 1996 16 U.S.C. 17 o Repealed as obsolete. Provided that the Secretary undertake a review of existing Government-owned housing provided to employees of the National Park Service. 16 U.S.C. 17 o 54 U.S.C. 101334 16 U.S.C. 17 o 54 U.S.C. 101335 16 U.S.C. 17 o 54 U.S.C. 101332 16 U.S.C. 17 o 54 U.S.C. 101336 16 U.S.C. 17 o 54 U.S.C. 101337 16 U.S.C. 17 o 54 U.S.C. 101339 16 U.S.C. 17 o 54 U.S.C. 101340 16 U.S.C. 17 o Repealed as obsolete. Provided that within 12 months after November 12, 1996 16 U.S.C. 17 o Repealed as obsolete. Provided that within 18 months after November 12, 1996 16 U.S.C. 17 o 54 U.S.C. 101332 16 U.S.C. 17 o 54 U.S.C. 101338 16 U.S.C. 17 o 54 U.S.C. 101338 16 U.S.C. 17 o 54 U.S.C. 101331 16 U.S.C. 18 Transfer to 15 U.S.C. 1544 16 U.S.C. 18a Transfer to 15 U.S.C. 1545 16 U.S.C. 18b Transfer to 15 U.S.C. 1546 16 U.S.C. 18c Transfer to 15 U.S.C. 1547 16 U.S.C. 18d Transfer to 15 U.S.C. 1548 16 U.S.C. 18e Previously repealed. 16 U.S.C. 18f 54 U.S.C. 102501 16 U.S.C. 18f 54 U.S.C. 102503 16 U.S.C. 18f1 Not repealed but omitted from text of title 54. Provides that the Secretary may exercise the authorities granted in 16 U.S.C. 18f 16 U.S.C. 18f2(a) 54 U.S.C. 102503 16 U.S.C. 18f2(b) 54 U.S.C. 102504 16 U.S.C. 18f3(a) Repealed as obsolete. Provided that authorities were available to the Secretary with regard to museum objects and collections under the administrative jurisdiction of the Secretary before November 12, 1996 November 12, 1996 16 U.S.C. 18f3(b) 54 U.S.C. 102502 16 U.S.C. 18g 54 U.S.C. 102301 16 U.S.C. 19 Previously repealed. 16 U.S.C. 19d Previously repealed. 16 U.S.C. 19e 54 U.S.C. 101111 16 U.S.C. 19f 54 U.S.C. 101112 16 U.S.C. 19g 54 U.S.C. 101113 16 U.S.C. 19h 54 U.S.C. 101114 16 U.S.C. 19i 54 U.S.C. 101115 16 U.S.C. 19j 54 U.S.C. 101116 16 U.S.C. 19k 54 U.S.C. 101117 16 U.S.C. 19 l 54 U.S.C. 101118 16 U.S.C. 19m 54 U.S.C. 101119 16 U.S.C. 19n Repealed as obsolete. Required the National Park Foundation to transmit to Congress an annual report of its proceedings and activities. Repealed as obsolete because of the termination of the reporting requirement with respect to Congress, effective May 15, 2000 Pub. L. 10466 31 U.S.C. 1113 16 U.S.C. 19 o 54 U.S.C. 101120 16 U.S.C. 19aa Previously repealed. 16 U.S.C. 19jj 54 U.S.C. 100721 16 U.S.C. 19jj1 54 U.S.C. 100722 16 U.S.C. 19jj2 54 U.S.C. 100723 16 U.S.C. 19jj3 54 U.S.C. 100724 16 U.S.C. 19jj4 54 U.S.C. 100725 16 U.S.C. 20 Previously repealed. 16 U.S.C. 79 54 U.S.C. 100902 16 U.S.C. 411 54 U.S.C. 103301 16 U.S.C. 412 54 U.S.C. 103302 16 U.S.C. 413 See  4(a)(1) of bill. 16 U.S.C. 414 See  4(a)(1) of bill. 16 U.S.C. 415 Previously repealed. 16 U.S.C. 416 54 U.S.C. 103304 16 U.S.C. 417 Repealed as obsolete. Authorized acceptance of donations of land for road or other purposes. It is considered obsolete by the Judge Advocate General. See J.A.G. 601.1, June 27, 1935 16 U.S.C. 418 Previously repealed. 16 U.S.C. 419 Previously transferred to 16 U.S.C. 79 16 U.S.C. 420 Not repealed but omitted from the text of title 54. 16 U.S.C. 421 54 U.S.C. 103303 16 U.S.C. 431 54 U.S.C. 320301 16 U.S.C. 431a 54 U.S.C. 320301 16 U.S.C. 432 54 U.S.C. 320302 16 U.S.C. 432 54 U.S.C. 320303 16 U.S.C. 433 See  4(a)(1) of bill. 16 U.S.C. 451 Previously repealed. 16 U.S.C. 451a 54 U.S.C. 104907 16 U.S.C. 452 Repealed as unnecessary. Provided that all revenues of the national parks be covered into the Treasury to the credit of miscellaneous receipts. Unnecessary because 31 U.S.C. 3302(b) 16 U.S.C. 452a 54 U.S.C. 101102 16 U.S.C. 453 Not repealed but omitted from the text of title 54. Provides for the acceptance for park purposes of land and rights-of-way near or adjacent to the Government national forest in western North Carolina. 16 U.S.C. 454 Previously repealed. 16 U.S.C. 455 54 U.S.C. 103306 16 U.S.C. 456 Repealed as unnecessary because appropriations made for the administration, protection, and maintenance of national parks and national monuments include the authority that the appropriations shall be available for the expense of depositing public money, as required under 31 U.S.C. 3302(b) 16 U.S.C. 456a 54 U.S.C. 103101 16 U.S.C. 457 See  4(b)(1) of bill. 16 U.S.C. 458 54 U.S.C. 103305 16 U.S.C. 458a 54 U.S.C. 104908 16 U.S.C. 460 l 54 U.S.C. 200101 16 U.S.C. 460 l 54 U.S.C. 200103 16 U.S.C. 460 l 54 U.S.C. 200104 16 U.S.C. 460 l 54 U.S.C. 200102 16 U.S.C. 460 l Not repealed but omitted from the text of title 54. Provides purposes of this part. 16 U.S.C. 460 l 54 U.S.C. 200302 16 U.S.C. 460 l Previously repealed. 16 U.S.C. 460 l 54 U.S.C. 200303 16 U.S.C. 460 l Previously repealed. 16 U.S.C. 460 l Previously repealed. 16 U.S.C. 460 l Previously repealed. 16 U.S.C. 460 l 54 U.S.C. 100904 16 U.S.C. 460 l Previously repealed. 16 U.S.C. 460 l 54 U.S.C. 100904 16 U.S.C. 460 l Previously repealed. 16 U.S.C. 460 l Outside scope of this codification. Authorizes the Secretary of Agriculture to charge admission or entrance fees at national monuments, national volcanic monuments, national scenic areas, and areas of concentrated public use administered by the Secretary and recreation fees at land administered by the Secretary in connection with the use of specialized outdoor recreation sites, equipment, services, and facilities. 16 U.S.C. 460 l 54 U.S.C. 100905 16 U.S.C. 460 l See 4(c) of bill. 16 U.S.C. 460 l 54 U.S.C. 200304 16 U.S.C. 460 l 54 U.S.C. 200301 16 U.S.C. 460 l 54 U.S.C. 200305 16 U.S.C. 460 l 54 U.S.C. 200306 16 U.S.C. 460 l 54 U.S.C. 100506 16 U.S.C. 460 l 54 U.S.C. 200307 16 U.S.C. 460 l 54 U.S.C. 200308 16 U.S.C. 460 l 54 U.S.C. 200309 16 U.S.C. 460 l Repealed as obsolete. Repealed provisions of law that prohibited collection of recreation fees or user charges or that restricted the expenditure of funds if the fees or charges were collected. 16 U.S.C. 460 l Repealed as obsolete. Required the Secretary, within 1 year after September 28, 1976 16 U.S.C. 460 l Repealed as obsolete. Created an advisory committee to review the opportunities for enhanced opportunities for water-based recreation, which was to submit a report to the President, the Committee on Energy and Natural Resources of the Senate, and the Committee on Transportation and Infrastructure and the Committee on Resources of the House of Representatives within 1 year from November 12, 1996 16 U.S.C. 460 l 54 U.S.C. 200310 16 U.S.C. 460 l 54 U.S.C. 102901 16 U.S.C. 460 l 54 U.S.C. 100903 16 U.S.C. 460 l 54 U.S.C. 102901 16 U.S.C. 461 54 U.S.C. 320101 16 U.S.C. 462(a) 54 U.S.C. 320102 16 U.S.C. 462(k) See  4(a)(1) of bill. 16 U.S.C. 463(a) 54 U.S.C. 102303 16 U.S.C. 463(g) 54 U.S.C. 102304 16 U.S.C. 464 54 U.S.C. 320103 16 U.S.C. 465 54 U.S.C. 320104 16 U.S.C. 466(a) 54 U.S.C. 320106 16 U.S.C. 466(b) Repealed as obsolete. Provided that nothing in 16 U.S.C. 466 January 1, 1993 16 U.S.C. 466(c) Repealed as unnecessary. Authorized to be appropriated sums necessary to carry out sections 461 to 467. 16 U.S.C. 467 Repealed as obsolete and unnecessary. Provided that the provisions of 16 U.S.C. 461 August 21, 1935 16 U.S.C. 467a Previously repealed. 16 U.S.C. 467b(a) 54 U.S.C. 309101 16 U.S.C. 467b(d) Repealed as unnecessary. Authorized to be appropriated sums necessary to carry out this section. 16 U.S.C. 468 54 U.S.C. 312102 16 U.S.C. 468a 54 U.S.C. 312103 16 U.S.C. 468b 54 U.S.C. 312104 16 U.S.C. 468c 54 U.S.C. 312105 16 U.S.C. 468d 54 U.S.C. 312106 16 U.S.C. 468e Previously repealed. 16 U.S.C. 469 Not repealed but omitted from the text of title 54. Provides purpose of 16 U.S.C. 469 16 U.S.C. 469a 54 U.S.C. 312505 16 U.S.C. 469a1 54 U.S.C. 312502 16 U.S.C. 469a2 54 U.S.C. 312503 16 U.S.C. 469a3 54 U.S.C. 312504 16 U.S.C. 469b 54 U.S.C. 312506 16 U.S.C. 469c 54 U.S.C. 312507 16 U.S.C. 469c1 54 U.S.C. 312501 16 U.S.C. 469c2 54 U.S.C. 312508 16 U.S.C. 469j(a) 54 U.S.C. 312302 16 U.S.C. 469j(b) 54 U.S.C. 312303 16 U.S.C. 469j(c) 54 U.S.C. 312304 16 U.S.C. 469j(d) 54 U.S.C. 312303 16 U.S.C. 469j(g) 54 U.S.C. 312304 16 U.S.C. 469j(h) 54 U.S.C. 312305 16 U.S.C. 469k Previously repealed. 16 U.S.C. 469k1(a) Not repealed but omitted from the text of title 54. Provides purpose of this section. 16 U.S.C. 469k1(b) 54 U.S.C. 308102 16 U.S.C. 469k1(c)(1)(A) 54 U.S.C. 308103 16 U.S.C. 469k1(c)(1)(D) 54 U.S.C. 308101 16 U.S.C. 469k1(c)(2) 54 U.S.C. 308103 16 U.S.C. 469 l Not repealed but omitted from the text of title 54. Provides findings for 16 U.S.C. 469 l l 16 U.S.C. 469 l Not repealed but omitted from the text of title 54. Provides purposes of 16 U.S.C. 469 l l 16 U.S.C. 469 l 54 U.S.C. 308302 16 U.S.C. 469 l 54 U.S.C. 308303 16 U.S.C. 469 l 54 U.S.C. 308304 16 U.S.C. 469m(a) Outside the scope of this codification. Section 7111(a) of the Omnibus Public Land Management Act of 2009 ( Public Law 11111 123 Stat. 1199 16 U.S.C. 410 ll 16 U.S.C. 469m(b) 54 U.S.C. 308501 16 U.S.C. 469m(c) 54 U.S.C. 308502 16 U.S.C. 469n(a) Not repealed but omitted from the text of title 54. Provides purpose of this section. 16 U.S.C. 469n(b) 54 U.S.C. 311101 16 U.S.C. 469n(c) 54 U.S.C. 311102 16 U.S.C. 469n(d) 54 U.S.C. 311103 16 U.S.C. 469n(e) 54 U.S.C. 311104 16 U.S.C. 469n(f) 54 U.S.C. 311105 16 U.S.C. 469 o 54 U.S.C. 308902 16 U.S.C. 469 o 54 U.S.C. 308901 16 U.S.C. 469 o 54 U.S.C. 308902 16 U.S.C. 469 o 54 U.S.C. 308903 16 U.S.C. 469 o 54 U.S.C. 308904 16 U.S.C. 469 o 54 U.S.C. 308905 16 U.S.C. 470(a) Not repealed but omitted from the text of title 54. Provides short title of this subchapter. 16 U.S.C. 470(b) Not repealed but omitted from the text of title 54. Provides findings for this subchapter. 16 U.S.C. 4701 54 U.S.C. 300101 16 U.S.C. 470a(a)(1)(A) 54 U.S.C. 302101 16 U.S.C. 470a(a)(1)(A) 54 U.S.C. 302106 16 U.S.C. 470a(a)(1)(B) 54 U.S.C. 302102 16 U.S.C. 470a(a)(2) 54 U.S.C. 302103 16 U.S.C. 470a(a)(3) 54 U.S.C. 302104 16 U.S.C. 470a(a)(6) 54 U.S.C. 302105 16 U.S.C. 470a(a)(7) 54 U.S.C. 302107 16 U.S.C. 470a(a)(8) 54 U.S.C. 302108 16 U.S.C. 470a(b)(1) 54 U.S.C. 302301 16 U.S.C. 470a(b)(2) 54 U.S.C. 302302 16 U.S.C. 470a(b)(3) 54 U.S.C. 302303 16 U.S.C. 470a(b)(4) 54 U.S.C. 302304 16 U.S.C. 470a(b)(5) Repealed as obsolete. Provided that any State historic preservation program in effect under prior authority of law could be treated as an approved program for purposes of 16 U.S.C. 470a(b) 16 U.S.C. 470a(b) December 12, 1992 16 U.S.C. 470a(b)(6) 54 U.S.C. 302304 16 U.S.C. 470a(c)(1) 54 U.S.C. 302502 16 U.S.C. 470a(c)(1) 54 U.S.C. 302503 16 U.S.C. 470a(c)(2) 54 U.S.C. 302504 16 U.S.C. 470a(c)(3) 54 U.S.C. 302505 16 U.S.C. 470a(c)(4) 54 U.S.C. 302501 16 U.S.C. 470a(d)(1) 54 U.S.C. 302701 16 U.S.C. 470a(d)(2) 54 U.S.C. 302702 16 U.S.C. 470a(d)(3) 54 U.S.C. 302703 16 U.S.C. 470a(d)(4) 54 U.S.C. 302704 16 U.S.C. 470a(d)(5) 54 U.S.C. 302705 16 U.S.C. 470a(d)(6) 54 U.S.C. 302706 16 U.S.C. 470a(e)(1) 54 U.S.C. 302902 16 U.S.C. 470a(e)(2) 54 U.S.C. 302903 16 U.S.C. 470a(e)(3)(A) 54 U.S.C. 302904 16 U.S.C. 470a(e)(3)(B) 54 U.S.C. 302906 16 U.S.C. 470a(e)(3)(C) 54 U.S.C. 302904 16 U.S.C. 470a(e)(4) 54 U.S.C. 302905 16 U.S.C. 470a(e)(5) 54 U.S.C. 302907 16 U.S.C. 470a(e)(6) 54 U.S.C. 302908 16 U.S.C. 470a(f) 54 U.S.C. 302909 16 U.S.C. 470a(g) 54 U.S.C. 306101 16 U.S.C. 470a(i) 54 U.S.C. 303902 16 U.S.C. 470a(j) 54 U.S.C. 303903 16 U.S.C. 470a1 54 U.S.C. 307101 16 U.S.C. 470a2 54 U.S.C. 307101 16 U.S.C. 470b(a) 54 U.S.C. 302901 16 U.S.C. 470b(a) 54 U.S.C. 302902 16 U.S.C. 470b(a) 54 U.S.C. 302902 16 U.S.C. 470b(a) 54 U.S.C. 302901 16 U.S.C. 470b(b) 54 U.S.C. 302902 16 U.S.C. 470b(c) Previously repealed. 16 U.S.C. 470b(d) 54 U.S.C. 302902 16 U.S.C. 470b(d) 54 U.S.C. 302901 16 U.S.C. 470b(e) 54 U.S.C. 302902 16 U.S.C. 470b1 54 U.S.C. 302903 16 U.S.C. 470c 54 U.S.C. 302902 16 U.S.C. 470d 54 U.S.C. 303901 16 U.S.C. 470e 54 U.S.C. 302910 16 U.S.C. 470f 54 U.S.C. 306108 16 U.S.C. 470g 54 U.S.C. 307104 16 U.S.C. 470h 54 U.S.C. 303101 16 U.S.C. 470h 54 U.S.C. 303102 16 U.S.C. 470h 54 U.S.C. 303103 16 U.S.C. 470h1 54 U.S.C. 307108 16 U.S.C. 470h2(a)(1) 54 U.S.C. 306101 16 U.S.C. 470h2(a)(2) 54 U.S.C. 306102 16 U.S.C. 470h2(b) 54 U.S.C. 306103 16 U.S.C. 470h2(c) 54 U.S.C. 306104 16 U.S.C. 470h2(d) 54 U.S.C. 306105 16 U.S.C. 470h2(e) 54 U.S.C. 306106 16 U.S.C. 470h2(f) 54 U.S.C. 306107 16 U.S.C. 470h2(g) 54 U.S.C. 306109 16 U.S.C. 470h2(h) 54 U.S.C. 306110 16 U.S.C. 470h2(i) 54 U.S.C. 306111 16 U.S.C. 470h2(j) 54 U.S.C. 306112 16 U.S.C. 470h2(k) 54 U.S.C. 306113 16 U.S.C. 470h2 l 54 U.S.C. 306114 16 U.S.C. 470h3(a) 54 U.S.C. 306121 16 U.S.C. 470h3(c) 54 U.S.C. 306122 16 U.S.C. 470h4 54 U.S.C. 306131 16 U.S.C. 470h5 Repealed as obsolete. Provided that the Secretary study the suitability and feasibility of alternatives for controlling illegal interstate and international traffic in antiquities and not later than 18 months after October 30, 1992 16 U.S.C. 470i 54 U.S.C. 304101 16 U.S.C. 470j 54 U.S.C. 304102 16 U.S.C. 470k 54 U.S.C. 304103 16 U.S.C. 470 l 54 U.S.C. 304104 16 U.S.C. 470m 54 U.S.C. 304105 16 U.S.C. 470n 54 U.S.C. 304106 16 U.S.C. 470 o Repealed as obsolete. Provided that personnel, property, records, and unexpended balances of funds be transferred by the Department of the Interior to the Advisory Council on Historic Preservation within 60 days of the effective date of Public Law 94422 September 28, 1976 16 U.S.C. 470p 54 U.S.C. 304105 16 U.S.C. 470q 54 U.S.C. 304105 16 U.S.C. 470r 54 U.S.C. 304107 16 U.S.C. 470s 54 U.S.C. 304108 16 U.S.C. 470t(a) 54 U.S.C. 304109 16 U.S.C. 470t(a) Repealed as unnecessary. Authorized to be appropriated amounts necessary to carry out this part. 16 U.S.C. 470t(b) 54 U.S.C. 304109 16 U.S.C. 470u 54 U.S.C. 304110 16 U.S.C. 470v 54 U.S.C. 304108 16 U.S.C. 470v1 54 U.S.C. 304111 16 U.S.C. 470v2 54 U.S.C. 304112 16 U.S.C. 470w(1) 54 U.S.C. 300301 16 U.S.C. 470w(2) 54 U.S.C. 300317 16 U.S.C. 470w(3) 54 U.S.C. 300310 16 U.S.C. 470w(4) 54 U.S.C. 300309 16 U.S.C. 470w(5) 54 U.S.C. 300308 16 U.S.C. 470w(6) 54 U.S.C. 300311 16 U.S.C. 470w(7) 54 U.S.C. 300320 16 U.S.C. 470w(8) 54 U.S.C. 300315 16 U.S.C. 470w(9) 54 U.S.C. 300304 16 U.S.C. 470w(10) 54 U.S.C. 300305 16 U.S.C. 470w(11) 54 U.S.C. 300316 16 U.S.C. 470w(12) 54 U.S.C. 300318 16 U.S.C. 470w(13) 54 U.S.C. 300307 16 U.S.C. 470w(14) 54 U.S.C. 300319 16 U.S.C. 470w(15) 54 U.S.C. 300302 16 U.S.C. 470w(16) 54 U.S.C. 300303 16 U.S.C. 470w(17) 54 U.S.C. 300313 16 U.S.C. 470w(18) 54 U.S.C. 300314 16 U.S.C. 470w1 54 U.S.C. 307106 16 U.S.C. 470w2 54 U.S.C. 307107 16 U.S.C. 470w3 54 U.S.C. 307103 16 U.S.C. 470w4 54 U.S.C. 307105 16 U.S.C. 470w5(a) 54 U.S.C. 305502 16 U.S.C. 470w5(a) 54 U.S.C. 305503 16 U.S.C. 470w5(b) 54 U.S.C. 305502 16 U.S.C. 470w5(c) 54 U.S.C. 305504 16 U.S.C. 470w5(d) Repealed as obsolete. Provided for the renovation of the site on which the National Museum for the Building Arts is located. 16 U.S.C. 470w5(e) 54 U.S.C. 305505 16 U.S.C. 470w5(f) 54 U.S.C. 305501 16 U.S.C. 470w6 54 U.S.C. 307102 16 U.S.C. 470w7(a) 54 U.S.C. 305102 16 U.S.C. 470w7(b) 54 U.S.C. 305103 16 U.S.C. 470w7(c) 54 U.S.C. 305104 16 U.S.C. 470w7(d) 54 U.S.C. 305105 16 U.S.C. 470w7(e) 54 U.S.C. 305101 16 U.S.C. 470w8 54 U.S.C. 305106 16 U.S.C. 470x Not repealed but omitted from the text of title 54. Provides findings for this part. 16 U.S.C. 470x1 54 U.S.C. 305301 16 U.S.C. 470x2 54 U.S.C. 305302 16 U.S.C. 470x3 54 U.S.C. 305303 16 U.S.C. 470x4 54 U.S.C. 305304 16 U.S.C. 470x5 54 U.S.C. 305305 16 U.S.C. 470x6 54 U.S.C. 305306 16 U.S.C. 523 Not repealed but omitted from the text of title 54. 16 U.S.C. 1901 54 U.S.C. 100731 16 U.S.C. 1902 54 U.S.C. 100732 16 U.S.C. 1903 Repealed as obsolete. Provided for a 4-year cessation of certain mining operations within the boundaries of Death Valley National Monument, Mount McKinley National Park, and Organ Pipe Cactus National Monument, subject to exceptions. 16 U.S.C. 1904 Repealed as obsolete. Provided for the inapplicability of requirements for annual expenditures on mining claims to mining operations during the 4-year period under 16 U.S.C. 1903 16 U.S.C. 1905 Repealed as obsolete. Provided that within 2 years the Secretary of the Interior determine the validity of unpatented mining claims within Glacier Bay National Monument, Death Valley and Organ Pipe Cactus National Monuments, and Mount McKinley National Park, submit to Congress recommendations for acquisition of valid claims, and study and submit to Congress recommendations for modifications of the existing boundaries of Death Valley National Monument and Glacier Bay National Monument. 16 U.S.C. 1906 Repealed as obsolete. Provided that within 4 years the Secretary determine the validity of unpatented mining claims within Crater Lake National Park, Coronado National Memorial, and Glacier Bay National Monument and submit to Congress recommendations for acquisition of valid claims. 16 U.S.C. 1907 54 U.S.C. 100733 16 U.S.C. 1908(a) 54 U.S.C. 100734 16 U.S.C. 1908(b) Repealed as obsolete. Provided that within 2 years the Advisory Council on Historic Preservation report to Congress on effects of surface mining activities on natural and historical landmarks, including recommendations for protective legislation. 16 U.S.C. 1909 Repealed as unnecessary. Provisions are severable unless otherwise stated. 16 U.S.C. 1910 54 U.S.C. 100735 16 U.S.C. 1911 54 U.S.C. 100736 16 U.S.C. 1912(a) 54 U.S.C. 100737 16 U.S.C. 1912(d) See  4(a)(1) of bill. 16 U.S.C. 2301 Not repealed but omitted from the text of title 54. Provides findings for and purposes of this chapter. 16 U.S.C. 2302 54 U.S.C. 101521 16 U.S.C. 2303 54 U.S.C. 101522 16 U.S.C. 2304 54 U.S.C. 101523 16 U.S.C. 2305 Repealed as obsolete. Required the Secretary to submit to Congress, within 3 years after August 15, 1978 16 U.S.C. 2306 Repealed as obsolete. Authorized appropriations for fiscal years 1979 to 1981. 16 U.S.C. 2501 Not repealed but omitted from the text of title 54. Provides findings for this chapter. 16 U.S.C. 2502 Not repealed but omitted from the text of title 54. Provides purpose of this chapter. 16 U.S.C. 2503 54 U.S.C. 200501 16 U.S.C. 2504 54 U.S.C. 200502 16 U.S.C. 2505 54 U.S.C. 200503 16 U.S.C. 2506 54 U.S.C. 200504 16 U.S.C. 2507 54 U.S.C. 200505 16 U.S.C. 2508 54 U.S.C. 200506 16 U.S.C. 2509 54 U.S.C. 200507 16 U.S.C. 2510 54 U.S.C. 200508 16 U.S.C. 2511 54 U.S.C. 200509 16 U.S.C. 2512(a) 54 U.S.C. 200511 16 U.S.C. 2512(a) 54 U.S.C. 200510 16 U.S.C. 2512(b) 54 U.S.C. 200511 16 U.S.C. 2513 54 U.S.C. 200511 16 U.S.C. 2514 Repealed as obsolete. Provided that within 90 days of the expiration of this authority, the Secretary report to Congress on the overall impact of the program. The program originally was to run for 5 years and be a short-term project but the limitations were removed in 1994. 16 U.S.C. 5401 Not repealed but omitted from the text of title 54. Provides findings for the National Maritime Heritage Act of 1994 ( Pub. L. 103451 108 Stat. 4769 16 U.S.C. 5402 54 U.S.C. 308701 16 U.S.C. 5403 54 U.S.C. 308703 16 U.S.C. 5404 Repealed as obsolete. Established a National Maritime Heritage Grants Advisory Committee. The Committee terminated on September 30, 2000 16 U.S.C. 5405 54 U.S.C. 308704 16 U.S.C. 5406 54 U.S.C. 308702 16 U.S.C. 5407 54 U.S.C. 308706 16 U.S.C. 5408 54 U.S.C. 308707 16 U.S.C. 5409 54 U.S.C. 308705 16 U.S.C. 5901 Repealed as unnecessary. Provided definition of Secretary. Unnecessary because of the definition of Secretary in section 100102 of the new title. 16 U.S.C. 5911 54 U.S.C. 100701 16 U.S.C. 5912 54 U.S.C. 101321 16 U.S.C. 5913 54 U.S.C. 101322 16 U.S.C. 5914 54 U.S.C. 100503 16 U.S.C. 5931 Not repealed but omitted from the text of title 54. Provides purposes of this subchapter. 16 U.S.C. 5932 54 U.S.C. 100702 16 U.S.C. 5933(a) 54 U.S.C. 100703 16 U.S.C. 5953(b) Repealed as obsolete. Provided that within one year after November 13, 1998 16 U.S.C. 5934 54 U.S.C. 100704 16 U.S.C. 5935 54 U.S.C. 100705 16 U.S.C. 5936 54 U.S.C. 100706 16 U.S.C. 5937 54 U.S.C. 100707 16 U.S.C. 5951 54 U.S.C. 101912 16 U.S.C. 5952(1) 54 U.S.C. 101913 16 U.S.C. 5952(7)(C) 54 U.S.C. 101911 16 U.S.C. 5952(7)(D) 54 U.S.C. 101913 16 U.S.C. 5953 54 U.S.C. 101914 16 U.S.C. 5954(a) 54 U.S.C. 101915 16 U.S.C. 5954(f) Repealed as obsolete. Provided that not later than 7 years after November 13, 1998 16 U.S.C. 5954 54 U.S.C. 101915 16 U.S.C. 5955 54 U.S.C. 101916 16 U.S.C. 5956 54 U.S.C. 101917 16 U.S.C. 5957 54 U.S.C. 101918 16 U.S.C. 5958 54 U.S.C. 101919 16 U.S.C. 5959 54 U.S.C. 101920 16 U.S.C. 5960 54 U.S.C. 101921 16 U.S.C. 5961(a) 54 U.S.C. 101524 16 U.S.C. 5961(b) Repealed as obsolete. Provided that with respect to a service contract for the provision solely of transportation services at Zion National Park, the Secretary could obligate the expenditure of fees received in fiscal year 2002 under 16 U.S.C. 5981 16 U.S.C. 5962 54 U.S.C. 101922 16 U.S.C. 5963 54 U.S.C. 101923 16 U.S.C. 5964 54 U.S.C. 101924 16 U.S.C. 5965 54 U.S.C. 101926 16 U.S.C. 5966 54 U.S.C. 101925 16 U.S.C. 5981 54 U.S.C. 101531 16 U.S.C. 5982 Previously repealed. 16 U.S.C. 5991 Previously repealed. 16 U.S.C. 6011 Repealed as obsolete. Required the Secretary to submit to the Committees on Energy and Natural Resources and Appropriations of the Senate and the Committees on Resources and Appropriations of the House of Representatives, not later than one year after November 13, 1998 Statutory Notes and Related Subsidiaries Enactment of Title Pub. L. 113287,  3 Dec. 19, 2014 128 Stat. 3094 Title 54, United States Code, National Park Service and Related Programs, is enacted as follows. Purpose; Conformity With Original Intent Pub. L. 113287,  2 Dec. 19, 2014 128 Stat. 3094  (a)  Purpose The purpose of this Act [see Tables for classification] is to codify certain existing laws relating to the National Park System as title 54, United States Code, National Park Service and Related Programs. (b)  Conformity With Original Intent In the codification of laws by this Act, the intent is to conform to the understood policy, intent, and purpose of Congress in the original enactments, with such amendments and corrections as will remove ambiguities, contradictions, and other imperfections, in accordance with section 205(c)(1) of House Resolution No. 988, 93d Congress, as enacted into law by Public Law 93554 2 U.S.C. 285b(1) Transitional and Savings Provisions Pub. L. 113287,  6 Dec. 19, 2014 128 Stat. 3272  (a)  Definitions In this section: (1)  Source provision The term source provision means a provision of law that is replaced by a title 54 provision. (2)  Title 54 provision The term title 54 provision means a provision of title 54, United States Code, that is enacted by section 3. (b)  Cutoff Date The title 54 provisions replace certain provisions of law enacted on or before January 15, 2013 (c)  Original Date of Enactment Unchanged For purposes of determining whether one provision of law supersedes another based on enactment later in time, a title 54 provision is deemed to have been enacted on the date of enactment of the source provision that the title 54 provision replaces. (d)  References to Title Provisions A reference to a title 54 provision is deemed to refer to the corresponding source provision. (e)  References to Source Provisions A reference to a source provision, including a reference in a regulation, order, or other law, is deemed to refer to the corresponding title 54 provision. (f)  Regulations, Orders, and Other Administrative Actions A regulation, order, or other administrative action in effect under a source provision continues in effect under the corresponding title 54 provision. (g)  Actions Taken and Offenses Committed An action taken or an offense committed under a source provision is deemed to have been taken or committed under the corresponding title 54 provision. Repeals Pub. L. 113287,  7 Dec. 19, 2014 128 Stat. 3272 Dec. 19, 2014 Subtitle I National Park System DIVISION A ESTABLISHMENT AND GENERAL ADMINISTRATION CHAPTER 1001 GENERAL PROVISIONS    Sec.  100101. Promotion and regulation.  100102. Definitions.  100101. Promotion and regulation (a)  In General The Secretary, acting through the Director of the National Park Service, shall promote and regulate the use of the National Park System by means and measures that conform to the fundamental purpose of the System units, which purpose is to conserve the scenery, natural and historic objects, and wild life in the System units and to provide for the enjoyment of the scenery, natural and historic objects, and wild life in such manner and by such means as will leave them unimpaired for the enjoyment of future generations. (b)  Declarations. (1) 1970 declarations Congress declares that (A) the National Park System, which began with establishment of Yellowstone National Park in 1872, has since grown to include superlative natural, historic, and recreation areas in every major region of the United States and its territories and possessions; (B) these areas, though distinct in character, are united through their interrelated purposes and resources into one National Park System as cumulative expressions of a single national heritage; (C) individually and collectively, these areas derive increased national dignity and recognition of their superb environmental quality through their inclusion jointly with each other in one System preserved and managed for the benefit and inspiration of all the people of the United States; and (D) it is the purpose of this division to include all these areas in the System and to clarify the authorities applicable to the System. (2) 1978 reaffirmation Congress reaffirms, declares, and directs that the promotion and regulation of the various System units shall be consistent with and founded in the purpose established by subsection (a), to the common benefit of all the people of the United States. The authorization of activities shall be construed and the protection, management, and administration of the System units shall be conducted in light of the high public value and integrity of the System and shall not be exercised in derogation of the values and purposes for which the System units have been established, except as directly and specifically provided by Congress. ( Pub. L. 113287,  3 Dec. 19, 2014 128 Stat. 3096        Historical and Revision Notes  Revised Section Source (U.S. Code) Source (Statutes at Large)  100101(a) 16 U.S.C. 1 Aug. 25, 1916, ch. 408,  1 39 Stat. 535 100101(b)(1) 16 U.S.C. 1a1 Pub. L. 91383,  1 Aug. 18, 1970 84 Stat. 825 Pub. L. 95250, title I,  101(b) Mar. 27, 1978 92 Stat. 166 100101(b)(2) 16 U.S.C. 1a1 In subsection (a), the words Secretary, acting through the Director of the National Park Service are substituted for service thus established to reflect the transfer of functions of other officers, employees, and agencies of the Department of the Interior to the Secretary by sections 1 and 2 of Reorganization Plan No. 3 of 1950 (5 U.S.C. App.) while keeping the responsibility for promoting and regulating the use of the National Park System with the Director of the National Park Service. In subsection (b)(1)(D), the words this division are substituted for this Act for clarity. The purpose of the Act of August 18, 1970 Public Law 91383 84 Stat. 825 section 2 of the Act of August 8, 1953 67 Stat. 496 section 1 of the Act of August 18, 1970 August 18, 1970 Statutory Notes and Related Subsidiaries Short Title of 2023 Amendment Pub. L. 117339,  1 Jan. 5, 2023 136 Stat. 6158 This Act [enacting chapter 1201 of this title and provisions set out as notes under sections 120101 and 120102 of this title, amending provisions listed in tables and set out as a note under section 120102 of this title section 120102 of this title Short Title of 2020 Amendment Pub. L. 116152,  1 Aug. 4, 2020 134 Stat. 682 This Act [enacting chapter 2004 of this title and amending sections 200302, 200303, and 200306 of this title] may be cited as the Great American Outdoors Act. Short Title of 2019 Amendment Pub. L. 11694, div. P, title VII,  701 Dec. 20, 2019 133 Stat. 3195 This title [enacting sections 308104 and 308105 of this title and amending section 308103 of this title Short Title of 2018 Amendment Pub. L. 115104,  1 Jan. 8, 2018 131 Stat. 2260 This Act [enacting chapter 3084 of this title and provisions set out as a note under section 308401 of this title Short Title of 2016 Amendment Pub. L. 114289,  1(a) Dec. 16, 2016 130 Stat. 1482 This Act [see Tables for classification] may be cited as the National Park Service Centennial Act. Pub. L. 114289, title II,  201 Dec. 16, 2016 130 Stat. 1485 This title [enacting section 101121 of this title Pub. L. 114289, title VIII,  801 Dec. 16, 2016 130 Stat. 1494 This title [amending sections 302104 and 303102 of this title] may be cited as the National Historic Preservation Amendments Act. Short Title of 2009 Act Pub. L. 11111,  1(a) Mar. 30, 2009 123 Stat. 991 This Act [see Tables for classification] may be cited as the Omnibus Public Land Management Act of 2009. Short Title of 2006 Act Pub. L. 109453,  1(a) Dec. 22, 2006 120 Stat. 3367 This Act [see Tables for classification] may be cited as the National Historic Preservation Act Amendments Act of 2006. Pub. L. 109338,  1(a) Oct. 12, 2006 120 Stat. 1783 This Act [see Tables for classification] may be cited as the National Heritage Areas Act of 2006. Short Title of 2005 Act Pub. L. 109156,  1 Dec. 30, 2005 119 Stat. 2946 This Act [see Tables for classification] may be cited as the Delaware Water Gap National Recreation Area Improvement Act. Short Title of 2000 Act Pub. L. 106355,  1 Oct. 24, 2000 114 Stat. 1385 This Act [see Tables for classification] may be cited as the National Historic Lighthouse Preservation Act of 2000. Pub. L. 106291, title I,  150(a) Oct. 11, 2000 114 Stat. 956 This section [see Tables for classification] may be cited as the National Underground Railroad Freedom Center Act. Pub. L. 106208,  1 May 26, 2000 114 Stat. 318 This Act [see Tables for classification] may be cited as the National Historic Preservation Act Amendments of 2000. Pub. L. 106176,  1(a) Mar. 10, 2000 114 Stat. 23 This Act [see Tables for classification] may be cited as the Omnibus Parks Technical Corrections Act of 2000. Short Title of 1998 Act Pub. L. 105391,  1(a) Nov. 13, 1998 112 Stat. 3497 This Act [see Tables for classification] may be cited as the National Parks Omnibus Management Act of 1998. Pub. L. 105391, title III,  301 Nov. 13, 1998 112 Stat. 3501 This title [see Tables for classification] may be cited as the National Park System New Areas Studies Act. Pub. L. 105391, title IV,  401 Nov. 13, 1998 112 Stat. 3503 This title [see Tables for classification] may be cited as the National Park Service Concessions Management Improvement Act of 1998. Pub. L. 105203,  1 July 21, 1998 112 Stat. 678 This Act [see Tables for classification] may be cited as the National Underground Railroad Network to Freedom Act of 1998. Short Title of 1996 Act Pub. L. 104333,  1 Nov. 12, 1996 110 Stat. 4093 This Act [see Tables for classification] may be cited as the Omnibus Parks and Public Lands Management Act of 1996. Short Title of 1994 Act Pub. L. 103451,  1 Nov. 2, 1994 108 Stat. 4769 This Act [see Tables for classification] may be cited as the National Maritime Heritage Act of 1994. Short Title of 1992 Act Pub. L. 102575, title XL,  4001 Oct. 30, 1992 106 Stat. 4753 This title [see Tables for classification] may be cited as the National Historic Preservation Act Amendments of 1992. Short Title of 1980 Act Pub. L. 96515,  1 Dec. 12, 1980 94 Stat. 2987 That this Act [see Tables for classification] may be cited as the National Historic Preservation Act Amendments of 1980. Short Title of 1978 Act Pub. L. 95625,  1 Nov. 10, 1978 92 Stat. 3467 This Act [see Tables for classification] may be cited as the National Parks and Recreation Act of 1978. Pub. L. 95625, title X,  1001 Nov. 10, 1978 92 Stat. 3538 This title [see Tables for classification] may be cited as the Urban Park and Recreation Recovery Act of 1978. Short Title of 1970 Act Pub. L. 91383,  14 Pub. L. 108352,  10(b) Oct. 21, 2004 118 Stat. 1397 This Act [see Tables for classification] may be cited as the National Park System General Authorities Act. Pub. L. 91357,  5 July 29, 1970 84 Stat. 472 This Act [see Tables for classification] may be cited as the Volunteers in the Parks Act of 1969. Short Title of 1966 Act Pub. L. 89665,  1(a) Oct. 15, 1966 80 Stat. 915 Pub. L. 96515, title I,  101(a) Dec. 12, 1980 94 Stat. 2987 This Act [see Tables for classification] may be cited as the National Historic Preservation Act. Short Title of 1964 Act Pub. L. 88578, title I,  1(a) Sept. 3, 1964 78 Stat. 897 This Act [see Tables for classification] may be cited as the Land and Water Conservation Fund Act of 1965. Short Title of 1916 Act Act Aug. 25, 1916, ch. 408,  5 Pub. L. 108352,  10(a) Oct. 21, 2004 118 Stat. 1397 This Act [see Tables for classification] may be cited as the National Park Service Organic Act. Special Events at National Mall Pub. L. 108108, title I,  145 Nov. 10, 2003 117 Stat. 1280 None of the funds appropriated or otherwise made available by this or any other Act, hereafter enacted, may be used to permit the use of the National Mall for a special event, unless the permit expressly prohibits the erection, placement, or use of structures and signs bearing commercial advertising. The Secretary may allow for recognition of sponsors of special events: Provided National Park Police Drug Enforcement Supplemental Authority Act Pub. L. 99570, title V Oct. 27, 1986 100 Stat. 3207156 Pub. L. 100690, title VI,  6254(d)(2) Nov. 18, 1988 102 Stat. 4365  SEC. 5051. SHORT TITLE. This subtitle may be cited as the National Park Police Drug Enforcement Supplemental Authority Act. SEC. 5052. NATIONAL PARK AUTHORIZATION. In order to improve Federal law enforcement activities relating to the use and production of narcotics and controlled substances in National Park System units, from amounts appropriated there shall be made available to the Secretary of the Interior, in addition to sums made available under other authority of law, $3,000,000 for fiscal year 1989, and for each fiscal year thereafter, to be used for the employment and training of officers or employees of the Department of the Interior designated pursuant to section 10(b) of the Act of August 18, 1970 16 U.S.C. 1a6 54 U.S.C. 102701 Purposes of Pub. L. 88578 Pub. L. 88578, title I,  1(b) Sept. 3, 1964 78 Stat. 897 The purposes of this Act [see Tables for classification] are to assist in preserving, developing, and assuring accessibility to all citizens of the United States of America of present and future generations and visitors who are lawfully present within the boundaries of the United States of America such quality and quantity of outdoor recreation resources as may be available and are necessary and desirable for individual active participation in such recreation and to strengthen the health and vitality of the citizens of the United States by (1) providing funds for and authorizing Federal assistance to the States in planning, acquisition, and development of needed land and water areas and facilities and (2) providing funds for the Federal acquisition and development of certain lands and other areas.  100102. Definitions In this title: (1)  Director The term Director means the Director of the National Park Service. (2)  National park system The term National Park System means the areas of land and water described in section 100501 of this title (3)  Secretary The term Secretary means the Secretary of the Interior. (4)  Service The term Service means the National Park Service. (5)  System The term System means the National Park System. (6)  System unit The term System unit means one of the areas described in section 100501 of this title ( Pub. L. 113287,  3 Dec. 19, 2014 128 Stat. 3096        Historical and Revision Notes  Revised Section Source (U.S. Code) Source (Statutes at Large)  100102 no source. The term System unit is added because various laws relating to the National Park Service apply to any area of land or water administered by the Secretary through the Service regardless of the terms used in those laws. See section 100501 of the revised title. Statutory Notes and Related Subsidiaries  Definitions Pub. L. 114289,  2 Dec. 16, 2016 130 Stat. 1482  In this Act [see Short Title of 2016 Amendment note set out under section 100101 of this title (1)  Challenge fund The term Challenge Fund means the National Park Centennial Challenge Fund established in title I [enacting chapter 1035 of this title and amending section 6804 of Title 16 (2)  Director The term Director means the Director of the National Park Service. (3)  Endowment The term Endowment means the Second Century Endowment for the National Park Service established by title II [see Short Title of 2016 Amendment note set out under section 100101 of this title (4)  Secretary The term Secretary means the Secretary of the Interior. (5)  Signature project or program The term signature project or program means any project or program identified by the Secretary as one that will help prepare the national parks for another century of conservation, preservation, and visitor enjoyment. CHAPTER 1003 ESTABLISHMENT, DIRECTORS, AND OTHER EMPLOYEES    Sec.  100301. Establishment.  100302. Directors and other employees.  100303. Effect on other laws.  100301. Establishment  There is in the Department of the Interior a service called the National Park Service. ( Pub. L. 113287,  3 Dec. 19, 2014 128 Stat. 3097        Historical and Revision Notes  Revised Section Source (U.S. Code) Source (Statutes at Large)  100301 16 U.S.C. 1 Aug. 25, 1916, ch. 408,  1 39 Stat. 535  100302. Directors and other employees (a)  Director. (1)  Appointment The Service shall be under the charge of a director who shall be appointed by the President, by and with the advice and consent of the Senate. (2)  Qualifications The Director shall have substantial experience and demonstrated competence in land management and natural or cultural resource conservation. (3)  Authority Under the direction of the Secretary, the Director shall have the supervision, management, and control of System units. In the supervision, management, and control of System units contiguous to national forests the Secretary of Agriculture may cooperate with the Service to such extent as may be requested by the Secretary. (b)  Deputy Directors The Director shall select 2 Deputy Directors. One Deputy Director shall have responsibility for Service operations, and the other Deputy Director shall have responsibility for other programs assigned to the Service. (c)  Other Employees The Service shall have such subordinate officers and employees as may be appropriated for by Congress. ( Pub. L. 113287,  3 Dec. 19, 2014 128 Stat. 3097        Historical and Revision Notes  Revised Section Source (U.S. Code) Source (Statutes at Large)  100302(a)(1) 16 U.S.C. 1  Aug. 25, 1916, ch. 408,  1 39 Stat. 535 Pub. L. 104333, div. I, title VIII,  814(e)(1) Nov. 12, 1996 110 Stat. 4196 100302(a)(2) 16 U.S.C. 1 100302(a)(3) 16 U.S.C. 2 Aug. 25, 1916, ch. 408,  2 39 Stat. 535 100302(b) 16 U.S.C. 1 100302(c) 16 U.S.C. 1 Aug. 25, 1916, ch. 408,  1 39 Stat. 535 In subsection (a)(3), the words of the Hot Springs Reservation in the State of Arkansas [changed to Hot Springs National Park because of section 1 of the Act of March 4, 1921 41 Stat. 1407 section 2 of the Act of August 25, 1916 39 Stat. 535 Subsection (c) is substituted for the 5th sentence of section 1 of the Act of August 25, 1916 39 Stat. 535  100303. Effect on other laws  This chapter and sections 100101(a), 100751(a), 100752, 100753, and 102101 of this title do not affect or modify section 100902(a) of this title ( Pub. L. 113287,  3 Dec. 19, 2014 128 Stat. 3097        Historical and Revision Notes  Revised Section Source (U.S. Code) Source (Statutes at Large)  100303 16 U.S.C. 4 Aug. 25, 1916, ch. 408,  4 39 Stat. 536 CHAPTER 1005 AREAS OF NATIONAL PARK SYSTEM    Sec.  100501. Areas included in System.  100502. General management plans.  100503. Five-year strategic plans.  100504. Study and planning of park, parkway, and recreational-area facilities.  100505. Periodic review of System.  100506. Boundary changes to System units.  100507. Additional areas for System.  100501. Areas included in System  The System shall include any area of land and water administered by the Secretary, acting through the Director, for park, monument, historic, parkway, recreational, or other purposes. ( Pub. L. 113287,  3 Dec. 19, 2014 128 Stat. 3098        Historical and Revision Notes  Revised Section Source (U.S. Code) Source (Statutes at Large)  100501 16 U.S.C. 1c(a) Aug. 8, 1953, ch. 384,  2(a) 67 Stat. 496 Pub. L. 91383,  2(b) Aug. 18, 1970 84 Stat. 826 The words now or hereafter are omitted as obsolete.  100502. General management plans General management plans for the preservation and use of each System unit, including areas within the national capital area, shall be prepared and revised in a timely manner by the Director. On January 1 of each year, the Secretary shall submit to Congress a list indicating the current status of completion or revision of general management plans for each System unit. General management plans for each System unit shall include (1) measures for the preservation of the areas resources; (2) indications of types and general intensities of development (including visitor circulation and transportation patterns, systems, and modes) associated with public enjoyment and use of the area, including general locations, timing of implementation, and anticipated costs; (3) identification of and implementation commitments for visitor carrying capacities for all areas of the System unit; and (4) indications of potential modifications to the external boundaries of the System unit, and the reasons for the modifications. ( Pub. L. 113287,  3 Dec. 19, 2014 128 Stat. 3098        Historical and Revision Notes  Revised Section Source (U.S. Code) Source (Statutes at Large)  100502 16 U.S.C. 1a7(b) Pub. L. 91383,  12 Pub. L. 94458,  2 Oct. 7, 1976 90 Stat. 1942 Pub. L. 95625, title VI,  604(3) Nov. 10, 1978 92 Stat. 3518 Pub. L. 103437,  6(c) Nov. 2, 1994 108 Stat. 4583 Pub. L. 105391, title IV,  415(b)(2) Nov. 13, 1998 112 Stat. 3515  100503. Five-year strategic plans (a)  Strategic and Performance Plans Each System unit shall prepare and make available to the public a 5-year strategic plan and an annual performance plan. The plans shall reflect the Service policies, goals, and outcomes represented in the Service-wide strategic plan prepared pursuant to section 306 of title 5 (b)  Annual Budget. (1)  In general As a part of the annual performance plan for a System unit prepared pursuant to subsection (a), following receipt of the appropriation for the unit from the Operations of the National Park System account (but not later than January 1 of each year), the superintendent of the System unit shall develop and make available to the public the budget for the current fiscal year for that System unit. (2)  Contents The budget shall include (A) funding allocations for resource preservation (including resource management), visitor services (including maintenance, interpretation, law enforcement, and search and rescue), and administration; and (B) allocations into each of the categories in subparagraph (A) of all funds retained from fees collected for that year, including special use permits, concession franchise fees, and recreation use and entrance fees. ( Pub. L. 113287,  3 Dec. 19, 2014 128 Stat. 3098        Historical and Revision Notes  Revised Section Source (U.S. Code) Source (Statutes at Large)  100503 16 U.S.C. 5914 Pub. L. 105391, title I,  104 Nov. 13, 1998 112 Stat. 3499  100504. Study and planning of park, parkway, and recreational-area facilities (a)  In General. (1)  Definition In this subsection, the term State means a State, the District of Columbia, Puerto Rico, Guam, and the Virgin Islands. (2)  Study The Secretary shall cause the Service to make a comprehensive study, other than on land under the jurisdiction of the Secretary of Agriculture, of the public park, parkway, and recreational area programs of the United States, States, and political subdivisions of States and of areas of land throughout the United States that are or may be chiefly valuable as public park, parkway, or recreational areas. A study shall not be made in any State without the consent and approval of the State officials, boards, or departments having jurisdiction over the land. The study shall be such as, in the judgment of the Secretary, will provide data helpful in developing a plan for coordinated and adequate public park, parkway, and recreational-area facilities for the people of the United States. (3)  Cooperation and agreements with other entities In making the study and to accomplish the purposes of this section, the Secretary, acting through the Director (A) shall seek and accept the cooperation and assistance of Federal departments or agencies having jurisdiction of land belonging to the United States; and (B) may cooperate and make agreements with and seek and accept the assistance of (i) other Federal agencies and instrumentalities; and (ii) States, political subdivisions of States, and agencies and instrumentalities of either of them. (4)  State planning For the purpose of developing coordinated and adequate public park, parkway, and recreational-area facilities for the people of the United States, the Secretary may aid States and political subdivisions of States in planning public park, parkway, and recreational areas and in cooperating with one another to accomplish these ends. Aid shall be made available through the Service acting in cooperation with such State agencies or agencies of political subdivisions of States as the Secretary considers best. (b)  Consent of Congress to Agreements Between States The consent of Congress is given to any 2 or more States to negotiate and enter into compacts or agreements with one another with reference to planning, establishing, developing, improving, and maintaining any park, parkway, or recreational area. No compact or agreement shall be effective until approved by the legislatures of the States that are parties to the compact or agreement and by Congress. ( Pub. L. 113287,  3 Dec. 19, 2014 128 Stat. 3099        Historical and Revision Notes  Revised Section Source (U.S. Code) Source (Statutes at Large)  100504(a)(1) 16 U.S.C. 17n June 23, 1936, ch. 735 49 Stat. 1894 Aug. 1, 1956, ch. 852,  6 70 Stat. 908 100504(a)(2), (3) 16 U.S.C. 17k 100504(a)(4) 16 U.S.C. 17 l 100504(b) 16 U.S.C. 17m  100505. Periodic review of System (a)  Authority of Secretary To Conduct Review The Secretary shall conduct a systematic and comprehensive review of certain aspects of the System and on a periodic basis (but not less often than every 3 years) submit to the Committee on Natural Resources and the Committee on Appropriations of the House of Representatives and the Committee on Energy and Natural Resources and the Committee on Appropriations of the Senate a report on the findings of the review, together with recommendations as the Secretary determines to be necessary. (b)  Consultation In conducting and preparing the report, the Secretary shall consult with appropriate officials of affected Federal, State, and local agencies and national, regional, and local organizations. The consultation shall include holding public hearings that the Secretary determines to be appropriate to provide a full opportunity for public comment. (c)  Contents of report The report shall contain the following: (1) A comprehensive listing of all authorized but unacquired parcels of land within the exterior boundaries of each System unit as of November 28, 1990 (2) A priority listing of all those unacquired parcels by System unit and for the System as a whole. The list shall describe the acreage and ownership of each parcel, the estimated cost of acquisition for each parcel (subject to any statutory acquisition limitations for the land), and the basis for the estimate. (3) An analysis and evaluation of the current and future needs of each System unit for resource management, interpretation, construction, operation and maintenance, personnel, and housing, together with an estimate of the costs. ( Pub. L. 113287,  3 Dec. 19, 2014 128 Stat. 3099        Historical and Revision Notes  Revised Section Source (U.S. Code) Source (Statutes at Large)  100505(a) 16 U.S.C. 1a9 Pub. L. 101628, title XII Nov. 28, 1990 104 Stat. 4507 Pub. L. 103437,  6(d)(2) Nov. 2, 1994 108 Stat. 4583 100505(b) 16 U.S.C. 1a10 100505(c) 16 U.S.C. 1a11 In subsection (a), the text of 16 U.S.C. 1a9  100506. Boundary changes to System units (a)  Criteria for Evaluation The Secretary shall maintain criteria to evaluate any proposed changes to the boundaries of System units, including (1) analysis of whether or not an existing boundary provides for the adequate protection and preservation of the natural, historic, cultural, scenic and recreational resources integral to the System unit; (2) an evaluation of each parcel proposed for addition or deletion to a System unit based on the analysis under paragraph (1); and (3) an assessment of the impact of potential boundary adjustments taking into consideration the factors in section 100505(c)(3) of this title (b)  Proposal of Secretary In proposing a boundary change to a System unit, the Secretary shall (1) consult with affected agencies of State and local governments, surrounding communities, affected landowners, and private national, regional, and local organizations; (2) apply the criteria developed pursuant to subsection (a) and accompany the proposal with a statement reflecting the results of the application of the criteria; and (3) include with the proposal an estimate of the cost for acquiring any parcels proposed for acquisition, the basis for the estimate, and a statement on the relative priority for the acquisition of each parcel within the priorities for acquisition of other parcels for the System unit and for the System. (c)  Minor Boundary Changes. (1)  In general When the Secretary determines that to do so will contribute to, and is necessary for, the proper preservation, protection, interpretation, or management of a System unit, the Secretary may, following timely notice in writing to the Committee on Natural Resources of the House of Representatives and the Committee on Energy and Natural Resources of the Senate of the Secretarys intention to do so, and by publication of a revised boundary map or other description in the Federal Register (A) make minor changes to the boundary of the System unit, and amounts appropriated from the Fund shall be available for acquisition of any land, water, and interests in land or water added to the System unit by the boundary change subject to such statutory limitations, if any, on methods of acquisition and appropriations thereof as may be specifically applicable to the System unit; and (B) acquire by donation, purchase with donated funds, transfer from any other Federal agency, or exchange, land, water, or interests in land or water adjacent to the System unit, except that in exercising the Secretarys authority under this subparagraph the Secretary (i) shall not alienate property administered as part of the System to acquire land by exchange; (ii) shall not acquire property without the consent of the owner; and (iii) may acquire property owned by a State or political subdivision of a State only by donation. (2)  Consultation Prior to making a determination under this subsection, the Secretary shall consult with the governing body of the county, city, town, or other jurisdiction or jurisdictions having primary taxing authority over the land or interest to be acquired as to the impacts of the proposed action. (3)  Action to advance local public awareness The Secretary shall take such steps as the Secretary considers appropriate to advance local public awareness of the proposed action. (4)  Administration of acquisitions Land, water, and interests in land or water acquired in accordance with this subsection shall be administered as part of the System unit to which they are added, subject to the laws and regulations applicable to the System unit. (5)  When authority applies For the purposes of paragraph (1)(A), in all cases except the case of technical boundary changes (resulting from such causes as survey error or changed road alignments), the authority of the Secretary under paragraph (1)(A) shall apply only if each of the following conditions is met: (A) The sum of the total acreage of the land, water, and interests in land or water to be added to the System unit and the total acreage of the land, water, and interests in land or water to be deleted from the System unit is not more than 5 percent of the total Federal acreage authorized to be included in the System unit and is less than 200 acres. (B) The acquisition, if any, is not a major Federal action significantly affecting the quality of the human environment, as determined by the Secretary. (C) The sum of the total appraised value of the land, water, and interests in land or water to be added to the System unit and the total appraised value of the land, water, and interests in land or water to be deleted from the System unit does not exceed $750,000. (D) The proposed boundary change is not an element of a more comprehensive boundary change proposal. (E) The proposed boundary has been subject to a public review and comment period. (F) The Director obtains written consent for the boundary change from all property owners whose land, water, or interests in land or water, or a portion of whose land, water, or interests in land or water, will be added to or deleted from the System unit by the boundary change. (G) The land abuts other Federal land administered by the Director. (6)  Act of congress required Minor boundary changes involving only deletions of acreage owned by the Federal Government and administered by the Service may be made only by Act of Congress. ( Pub. L. 113287,  3 Dec. 19, 2014 128 Stat. 3100        Historical and Revision Notes  Revised Section Source (U.S. Code) Source (Statutes at Large)  100506(a) 16 U.S.C. 1a12 Pub. L. 101628, title XII Nov. 28, 1990 104 Stat. 4508 100506(b) 16 U.S.C. 1a13 100506(c) 16 U.S.C. 460 l Pub. L. 88578, title I,  7(c) Pub. L. 9542,  1(5) June 10, 1977 91 Stat. 211 Pub. L. 96203,  2(2) Mar. 10, 1980 94 Stat. 81 Pub. L. 103437,  6(p)(3) Nov. 2, 1994 108 Stat. 4586 Pub. L. 104333, div. I, title VIII,  814(b) Nov. 12, 1996 110 Stat. 4194 Pub. L. 106176, title I Mar. 10, 2000 114 Stat. 28 In subsection (a), before paragraph (1), the word maintain is substituted for Within one year after November 28, 1990 16 U.S.C. 1a12 16 U.S.C. 1a11(c) In subsection (b), before paragraph (1), the words after November 28, 1990  100507. Additional areas for System (a)  Monitoring Areas for Inclusion in System The Secretary shall investigate, study, and continually monitor the welfare of areas whose resources exhibit qualities of national significance and that may have potential for inclusion in the System. (b)  Submission of List of Areas Recommended for Study for Potential Inclusion. (1)  When list is to be submitted At the beginning of each calendar year, with the annual budget submission, the Secretary shall submit to the Committee on Natural Resources of the House of Representatives and the Committee on Energy and Natural Resources of the Senate a list of areas recommended for study for potential inclusion in the System. (2)  Factors to be considered In developing the list to be submitted under this subsection, the Secretary shall consider (A) the areas that have the greatest potential to meet the established criteria of national significance, suitability, and feasibility; (B) themes, sites, and resources not already adequately represented in the System; and (C) public petitions and Congressional resolutions. (3)  Accompanying synopsis Accompanying the annual listing of areas shall be a synopsis, for each report previously submitted, of the current and changed condition of the resource integrity of the area and other relevant factors, compiled as a result of continual periodic monitoring and embracing the period since the previous submission or initial report submission one year earlier. (4)  Congressional authorization required No study of the potential of an area for inclusion in the System may be initiated except as provided by specific authorization of an Act of Congress. (5)  Authority to conduct certain activities not limited This section and sections 100901(b), 101702(b) and (c), and 102102 of this title do not limit the authority of the Service to conduct preliminary resource assessments, gather data on potential study areas, provide technical and planning assistance, prepare or process nominations for administrative designations, update previous studies, or complete reconnaissance surveys of individual areas requiring a total expenditure of less than $25,000. (6)  Study of rivers or trails not affected This section does not apply to or affect or alter the study of (A) any river segment for potential addition to the national wild and scenic rivers system; or (B) any trail for potential addition to the national trails system. (c)  Study of Areas for Potential Inclusion. (1)  Study to be completed within 3 years The Secretary shall complete the study for each area for potential inclusion in the System within 3 complete fiscal years following the date on which funds are first made available for that purpose. (2)  Opportunity for public involvement required Each study under this section shall be prepared with appropriate opportunity for public involvement, including at least one public meeting in the vicinity of the area under study, and after reasonable efforts to notify potentially affected landowners and State and local governments. (3)  Considerations In conducting the study, the Secretary shall consider whether the area under study (A) possesses nationally significant natural or cultural resources and represents one of the most important examples of a particular resource type in the country; and (B) is a suitable and feasible addition to the System. (4)  Scope of study Each study (A) with regard to the area being studied, shall consider (i) the rarity and integrity of the resources; (ii) the threats to those resources; (iii) whether similar resources are already protected in the System or in other public or private ownership; (iv) the public use potential; (v) the interpretive and educational potential; (vi) costs associated with acquisition, development, and operation; (vii) the socioeconomic impacts of any designation; (viii) the level of local and general public support; and (ix) whether the area is of appropriate configuration to ensure long-term resource protection and visitor use; (B) shall consider whether direct Service management or alternative protection by other public agencies or the private sector is appropriate for the area; (C) shall identify what alternative or combination of alternatives would in the professional judgment of the Director be most effective and efficient in protecting significant resources and providing for public enjoyment; and (D) may include any other information that the Secretary considers to be relevant. (5)  Compliance with national environmental policy act of 1969 Each study shall be completed in compliance with the National Environmental Policy Act of 1969 ( 42 U.S.C. 4321 (6)  Recommendation of preferred management option The letter transmitting each completed study to Congress shall contain a recommendation regarding the Secretarys preferred management option for the area. (d)  List of Areas Previously Studied. (1)  Submission of list At the beginning of each calendar year, with the annual budget submission, the Secretary shall submit to the Committee on Natural Resources of the House of Representatives and the Committee on Energy and Natural Resources of the Senate, in numerical order of priority for addition to the System (A) a list of areas that have been previously studied that contain primarily historical resources; and (B) a list of areas that have been previously studied that contain primarily natural resources. (2)  Considerations In developing the lists, the Secretary should consider threats to resource values, cost escalation factors, and other factors listed in subsection (c). (3)  Areas eligible for inclusion The Secretary should include on the lists only areas for which the supporting data are current and accurate. (e)  List of Areas That Exhibit Danger or Threats to the Integrity of Their Resources At the beginning of each fiscal year, the Secretary shall submit to the Speaker of the House of Representatives and the President of the Senate a complete and current list of all areas listed on the Registry of Natural Landmarks, and areas of national significance listed on the National Register of Historic places, that exhibit known or anticipated damage or threats to the integrity of their resources, with notations as to the nature and severity of the damage or threats. (f)  Reports and Listings Printed as House Documents Each report and annual listing described in this section shall be printed as a House document. If adequate supplies of previously printed identical reports remain available, newly submitted identical reports shall be omitted from printing on receipt by the Speaker of the House of Representatives of a joint letter from the chairman of the Committee on Natural Resources of the House of Representatives and the chairman of the Committee on Energy and Natural Resources of Senate indicating that to be the case. (g)  Designation of Office The Secretary shall designate a single office to prepare all new area studies and to implement other functions under this section. (h)  Authorization of Appropriations. (1)  Studies of potential new system units and monitoring the welfare of system unit resources To carry out studies for potential new System units and for monitoring the welfare of historical and natural resources referred to in subparagraphs (A) and (B) of subsection (d)(1), there is authorized to be appropriated not more than $1,000,000 for each fiscal year. (2)  Monitoring welfare and integrity of national landmarks To monitor the welfare and integrity of the national landmarks, there is authorized to be appropriated not more than $1,500,000 for each fiscal year. (3)  Carrying out subsections 1 1 and To carry out subsections (b), (c), and (g), there is authorized to be appropriated $2,000,000 for each fiscal year. ( Pub. L. 113287,  3 Dec. 19, 2014 128 Stat. 3102        Historical and Revision Notes  Revised Section Source (U.S. Code) Source (Statutes at Large)  100507(a) 16 U.S.C. 1a5(a)  Pub. L. 91383,  8 Pub. L. 94458,  2 Oct. 7, 1976 90 Stat. 1940 Pub. L. 95625, title VI,  604(1) Nov. 10, 1978 92 Stat. 3518 Pub. L. 96199, title I,  104 Mar. 5, 1980 94 Stat. 68 Pub. L. 96344,  8 Sept. 8, 1980 94 Stat. 1135 Pub. L. 103437,  6(b) Nov. 2, 1994 108 Stat. 4583 Pub. L. 104333, div. I, title VIII,  814(d)(1)(I) Nov. 12, 1996 110 Stat. 4196 Pub. L. 105391, title III,  303 Nov. 13, 1998 112 Stat. 3501 100507(b)(1), (2) 16 U.S.C. 1a5(b)(1) 100507(b)(3) 16 U.S.C. 1a5(a) 100507(b)(4) through (6) 16 U.S.C. 1a5(b)(3) 100507(c) 16 U.S.C. 1a5(c) 100507(d) 16 U.S.C. 1a5(e) 100507(e), (f) 16 U.S.C. 1a5(a) 100507(g) 16 U.S.C. 1a5(d) 100507(h) 16 U.S.C. 1a5(f) In subsection (b)(3), the words after November 13, 1998 In subsection (b)(5), the cross-reference is limited to the applicable provisions of Public Law 91383 Editorial Notes  References in Text The National Environmental Policy Act of 1969, referred to in subsec. (c)(5), is Pub. L. 91190 Jan. 1, 1970 83 Stat. 852 section 4321 of Title 42 CHAPTER 1007 RESOURCE MANAGEMENT    SUBCHAPTER ISYSTEM RESOURCE INVENTORY AND MANAGEMENT  Sec.  100701. Protection, interpretation, and research in System.  100702. Research mandate.  100703. Cooperative study units.  100704. Inventory and monitoring program.  100705. Availability of System units for scientific study.  100706. Integration of study results into management decisions.  100707. Confidentiality of information.  SUBCHAPTER IISYSTEM UNIT RESOURCE PROTECTION  100721. Definitions.  100722. Liability.  100723. Actions.  100724. Use of recovered amounts.  100725. Donations.  SUBCHAPTER IIIMINING ACTIVITY WITHIN SYSTEM UNITS  100731. Findings and declaration.  100732. Preservation and management of System units by Secretary; promulgation of regulations.  100733. Recordation of mining claims; publication of notice.  100734. Report on finding or notification of potential damage to natural and historical landmarks.  100735. Civil actions for just compensation by mining claim holders.  100736. Acquisition of land by Secretary.  100737. Financial disclosure by officer or employee of Secretary.  SUBCHAPTER IVADMINISTRATION  100751. Regulations.  100752. Destruction of animals and plant life.  100753. Disposal of timber.  100754. Relinquishment of legislative jurisdiction.  100755. Applicability of other laws. SUBCHAPTER I SYSTEM RESOURCE INVENTORY AND MANAGEMENT  100701. Protection, interpretation, and research in System  Recognizing the ever increasing societal pressures being placed upon Americas unique natural and cultural resources contained in the System, the Secretary shall continually improve the ability of the Service to provide state-of-the-art management, protection, and interpretation of, and research on, the resources of the System. ( Pub. L. 113287,  3 Dec. 19, 2014 128 Stat. 3105        Historical and Revision Notes  Revised Section Source (U.S. Code) Source (Statutes at Large)  100701 16 U.S.C. 5911 Pub. L. 105391, title I,  101 Nov. 13, 1998 112 Stat. 3498  100702. Research mandate  The Secretary shall ensure that management of System units is enhanced by the availability and utilization of a broad program of the highest quality science and information. ( Pub. L. 113287,  3 Dec. 19, 2014 128 Stat. 3105        Historical and Revision Notes  Revised Section Source (U.S. Code) Source (Statutes at Large)  100702 16 U.S.C. 5932 Pub. L. 105391, title II,  202 Nov. 13, 1998 112 Stat. 3499  100703. Cooperative study units  The Secretary shall enter into cooperative agreements with colleges and universities, including land grant schools, in partnership with other Federal and State agencies, to establish cooperative study units to conduct multi-disciplinary research and develop integrated information products on the resources of the System, or the larger region of which System units are a part. ( Pub. L. 113287,  3 Dec. 19, 2014 128 Stat. 3105        Historical and Revision Notes  Revised Section Source (U.S. Code) Source (Statutes at Large)  100703 16 U.S.C. 5933(a) Pub. L. 105391, title II,  203(a) Nov. 13, 1998 112 Stat. 3500  100704. Inventory and monitoring program  The Secretary shall undertake a program of inventory and monitoring of System resources to establish baseline information and to provide information on the long-term trends in the condition of System resources. The monitoring program shall be developed in cooperation with other Federal monitoring and information collection efforts to ensure a cost-effective approach. ( Pub. L. 113287,  3 Dec. 19, 2014 128 Stat. 3105        Historical and Revision Notes  Revised Section Source (U.S. Code) Source (Statutes at Large)  100704 16 U.S.C. 5934 Pub. L. 105391, title II,  204 Nov. 13, 1998 112 Stat. 3500  100705. Availability of System units for scientific study (a)  In General The Secretary may solicit, receive, and consider requests from Federal or non-Federal public or private agencies, organizations, individuals, or other entities for the use of any System unit for purposes of scientific study. (b)  Criteria A request for use of a System unit under subsection (a) may be approved only if the Secretary determines that the proposed study (1) is consistent with applicable laws and Service management policies; and (2) will be conducted in a manner that poses no threat to the System unit resources or public enjoyment derived from System unit resources. (c)  Fee Waiver The Secretary may waive any System unit admission or recreational use fee in order to facilitate the conduct of scientific study under this section. (d)  Benefit-Sharing Arrangements The Secretary may negotiate for and enter into equitable, efficient benefit-sharing arrangements with the research community and private industry. ( Pub. L. 113287,  3 Dec. 19, 2014 128 Stat. 3106        Historical and Revision Notes  Revised Section Source (U.S. Code) Source (Statutes at Large)  100705 16 U.S.C. 5935 Pub. L. 105391, title II,  205 Nov. 13, 1998 112 Stat. 3500  100706. Integration of study results into management decisions  The Secretary shall take such measures as are necessary to ensure the full and proper utilization of the results of scientific study for System unit management decisions. In each case in which an action undertaken by the Service may cause a significant adverse effect on a System unit resource, the administrative record shall reflect the manner in which System unit resource studies have been considered. The trend in the condition of resources of the System shall be a significant factor in the annual performance evaluation of each superintendent of a System unit. ( Pub. L. 113287,  3 Dec. 19, 2014 128 Stat. 3106        Historical and Revision Notes  Revised Section Source (U.S. Code) Source (Statutes at Large)  100706 16 U.S.C. 5936 Pub. L. 105391, title II,  206 Nov. 13, 1998 112 Stat. 3500  100707. Confidentiality of information Information concerning the nature and specific location of a System resource that is endangered, threatened, rare, or commercially valuable, of mineral or paleontological objects within System units, or of objects of cultural patrimony within System units, may be withheld from the public in response to a request under section 552 of title 5 (1) disclosure of the information would further the purposes of the System unit in which the resource or object is located and would not create an unreasonable risk of harm, theft, or destruction of the resource or object, including individual organic or inorganic specimens; and (2) disclosure is consistent with other laws protecting the resource or object. ( Pub. L. 113287,  3 Dec. 19, 2014 128 Stat. 3106        Historical and Revision Notes  Revised Section Source (U.S. Code) Source (Statutes at Large)  100707 16 U.S.C. 5937 Pub. L. 105391, title II,  207 Nov. 13, 1998 112 Stat. 3501 SUBCHAPTER II SYSTEM UNIT RESOURCE PROTECTION  100721. Definitions In this subchapter: (1)  Damages The term damages includes (A) compensation for (i) (I) the cost of replacing, restoring, or acquiring the equivalent of a System unit resource; and (II) the value of any significant loss of use of a System unit resource pending its restoration or replacement or the acquisition of an equivalent resource; or (ii) the value of the System unit resource if the System unit resource cannot be replaced or restored; and (B) the cost of a damage assessment under section 100723(b) of this title (2)  Response costs The term response costs means the costs of actions taken by the Secretary to (A) prevent or minimize destruction or loss of or injury to a System unit resource; (B) abate or minimize the imminent risk of the destruction, loss, or injury; or (C) monitor ongoing effects of incidents causing the destruction, loss, or injury. (3)  System unit resource. (A)  In general The term System unit resource means any living or non-living resource that is located within the boundaries of a System unit. (B)  Exclusion The term System unit resource does not include a resource owned by a non-Federal entity. ( Pub. L. 113287,  3 Dec. 19, 2014 128 Stat. 3106        Historical and Revision Notes  Revised Section Source (U.S. Code) Source (Statutes at Large)  100721 16 U.S.C. 19jj Pub. L. 101337,  1 July 27, 1990 104 Stat. 379 Pub. L. 104333, div. I, title VIII,  814(h)(1) Nov. 12, 1996 110 Stat. 4199 In this section, the text of 16 U.S.C. 19jj(a) 16 U.S.C. 19jj(e) 16 U.S.C. 19jj(g)  100722. Liability (a)  In General Subject to subsection (c), any person that destroys, causes the loss of, or injures any System unit resource is liable to the United States for response costs and damages resulting from the destruction, loss, or injury. (b)  Liability In Rem Any instrumentality, including a vessel, vehicle, aircraft, or other equipment, that destroys, causes the loss of, or injures any System unit resource shall be liable in rem to the United States for response costs and damages resulting from the destruction, loss, or injury to the same extent as a person is liable under subsection (a). (c)  Defenses A person is not liable under this section if the person establishes that (1) the destruction, loss of, or injury to the System unit resource was caused solely by an act of God or an act of war; (2) the person acted with due care, and the destruction, loss of, or injury to the System unit resource was caused solely by an act or omission of a 3d party, other than an employee or agent of the person; or (3) the destruction, loss, or injury to the System unit resource was caused by an activity authorized by Federal or State law. (d)  Scope Liability under this section is in addition to any other liability that may arise under Federal or State law. ( Pub. L. 113287,  3 Dec. 19, 2014 128 Stat. 3107        Historical and Revision Notes  Revised Section Source (U.S. Code) Source (Statutes at Large)  100722 16 U.S.C. 19jj1 Pub. L. 101337,  2 July 27, 1990 104 Stat. 379 Pub. L. 104333, div. I, title VIII,  814(h)(3) Nov. 12, 1996 110 Stat. 4199 Pub. L. 106176, title I,  120(c) Mar. 10, 2000 114 Stat. 29  100723. Actions (a)  Civil Action for Response Costs and Damages The Attorney General, on request of the Secretary after a finding by the Secretary of destruction, loss, or injury to a System unit resource or a finding that absent the undertaking of a response action, destruction, loss, or injury to a System unit resource would have occurred, may bring a civil action in United States district court against any person or instrumentality that may be liable under section 100722 of this title section 100722 of this title (b)  Response Actions and Assessment of Destruction, Loss, or Injury. (1)  Actions to prevent or minimize destruction, loss, or injury The Secretary shall undertake all necessary actions to (A) prevent or minimize the destruction, loss of, or injury to System unit resources; or (B) minimize the imminent risk of destruction, loss, or injury to System unit resources. (2)  Assessment and monitoring The Secretary shall assess and monitor destruction, loss, or injury to System unit resources. ( Pub. L. 113287,  3 Dec. 19, 2014 128 Stat. 3107        Historical and Revision Notes  Revised Section Source (U.S. Code) Source (Statutes at Large)  100723 16 U.S.C. 19jj2 Pub. L. 101337,  3 July 27, 1990 104 Stat. 380 In this section, the words destruction, loss, or injury are substituted for damage in subsection (a) and for damages in subsection (b) for consistency in the new chapter and to distinguish destruction, loss, or injury from damages recovered in a civil action. In subsection (a), the words response action are substituted for response costs the 1st time the words appear for clarity and consistency in the new chapter.  100724. Use of recovered amounts (a)  Limitation on Use Response costs and damages recovered by the Secretary under this subchapter or amounts recovered by the Federal Government under any Federal, State, or local law or regulation or otherwise as a result of destruction, loss of, or injury to any System unit resource shall be available to the Secretary and without further Congressional action may be used only as follows: (1)  Reimbursement To reimburse response costs and damage assessments by the Secretary or other Federal agencies as the Secretary considers appropriate. (2)  Restoration and replacement To restore, replace, or acquire the equivalent of System unit resources that were the subject of the action and to monitor and study those System unit resources. The funds may not be used to acquire any land or water, interest in land or water, or right to land or water unless the acquisition is specifically approved in advance in appropriations Acts. The acquisition shall be subject to any limitations contained in the legislation establishing the System unit. (b)  Excess Amounts Any amounts remaining after expenditures pursuant to paragraphs (1) and (2) of subsection (a) shall be deposited in the Treasury. ( Pub. L. 113287,  3 Dec. 19, 2014 128 Stat. 3108        Historical and Revision Notes  Revised Section Source (U.S. Code) Source (Statutes at Large)  100724 16 U.S.C. 19jj3 Pub. L. 101337,  4 July 27, 1990 104 Stat. 380 Pub. L. 103437,  6(d)(3) Nov. 12, 1994 108 Stat. 4583 Section 4(d) of the Act of July 27, 1990 Public Law 101337 104 Stat. 380 31 U.S.C. 1113 In subsection (a), before paragraph (1), the words destruction, loss, or injury to are substituted for damage to for consistency in the new chapter and to distinguish destruction, loss, or injury from damages recovered in a civil action. In subsection (b), the words the General Fund of the United States are omitted as unnecessary.  100725. Donations  The Secretary may accept donations of money or services for expenditure or employment to meet expected, immediate, or ongoing response costs. The donations may be expended or employed at any time after their acceptance, without further Congressional action. ( Pub. L. 113287,  3 Dec. 19, 2014 128 Stat. 3108        Historical and Revision Notes  Revised Section Source (U.S. Code) Source (Statutes at Large)  100725 16 U.S.C. 19jj4 Pub. L. 101337,  5 July 27, 1990 104 Stat. 381 SUBCHAPTER III MINING ACTIVITY WITHIN SYSTEM UNITS  100731. Findings and declaration Congress finds and declares that (1) the level of technology of mineral exploration and development has changed radically, and continued application of the mining laws of the United States to System units to which the mining laws apply conflicts with the purposes for which the System units were established; and (2) all mining operations in System units should be conducted so as to prevent or minimize damage to the environment and other resource values. ( Pub. L. 113287,  3 Dec. 19, 2014 128 Stat. 3109        Historical and Revision Notes  Revised Section Source (U.S. Code) Source (Statutes at Large)  100731 16 U.S.C. 1901 Pub. L. 94429,  1 Sept. 28, 1976 90 Stat. 1342 In paragraph (1), the words in recent years are omitted as obsolete. In paragraph (2), the words in certain areas of the National Park System, surface disturbances from mineral development should be temporarily halted while Congress determines whether or not to acquire any valid mineral rights which may exist in such areas are omitted as obsolete.  100732. Preservation and management of System units by Secretary; promulgation of regulations  To preserve for the benefit of present and future generations the pristine beauty of System units, and to further the purposes of section 100101(a), chapter 1003, and sections 100751(a), 100752, 100753, and 102101 of this title and the individual organic Acts for the System units, all activities resulting from the exercise of mineral rights on patented or unpatented mining claims within any System unit shall be subject to such regulations prescribed by the Secretary as the Secretary considers necessary or desirable for the preservation and management of the System units. ( Pub. L. 113287,  3 Dec. 19, 2014 128 Stat. 3109        Historical and Revision Notes  Revised Section Source (U.S. Code) Source (Statutes at Large)  100732 16 U.S.C. 1902 Pub. L. 94429,  2 Sept. 28, 1976 90 Stat. 1342 The word valid is omitted for clarity because regulations apply to the exercise of mining claim rights before they are determined to be valid. The word existing is omitted as obsolete.  100733. Recordation of mining claims; publication of notice  All mining claims under the Mining Law of 1872 (30 U.S.C. chapter 2, sections 161 and 162, and chapters 12A and 16) that lie within the boundaries of System units in existence on September 28, 1976 September 28, 1976 September 28, 1976 ( Pub. L. 113287,  3 Dec. 19, 2014 128 Stat. 3109        Historical and Revision Notes  Revised Section Source (U.S. Code) Source (Statutes at Large)  100733 16 U.S.C. 1907 Pub. L. 94429,  8 Sept. 28, 1976 90 Stat. 1343 The section is substituted for the source provision to eliminate obsolete words. The words in existence on September 28, 1976 Editorial Notes  References in Text The Mining Law of 1872, referred to in text, is act May 10, 1872, ch. 152 17 Stat. 91  100734. Report on finding or notification of potential damage to natural and historical landmarks  When the Secretary finds on the Secretarys own motion or on being notified in writing by an appropriate scientific, historical, or archeological authority that a district, site, building, structure, or object that has been found to be nationally significant in illustrating natural history or the history of the United States and that has been designated as a natural or historic landmark may be irreparably lost or destroyed in whole or in part by any surface mining activity, including exploration for or removal or production of minerals or materials, the Secretary shall notify the person conducting the activity and submit a report on the findings or notification, including the basis for the Secretarys finding that the activity may cause irreparable loss or destruction of a national landmark, to the Advisory Council on Historic Preservation, with a request for advice of the Council as to alternative measures that may be taken by the United States to mitigate or abate the activity. ( Pub. L. 113287,  3 Dec. 19, 2014 128 Stat. 3109        Historical and Revision Notes  Revised Section Source (U.S. Code) Source (Statutes at Large)  100734 16 U.S.C. 1908(a) Pub. L. 94429,  9(a) Sept. 28, 1976 90 Stat. 1343  100735. Civil actions for just compensation by mining claim holders  The holder of any patented or unpatented mining claim subject to this subchapter that believes the holder has suffered a loss by operation of this subchapter, or by orders or regulations issued pursuant to this subchapter, may bring a civil action in United States district court to recover just compensation, which shall be awarded if the court finds that the loss constitutes a taking of property compensable under the Constitution. ( Pub. L. 113287,  3 Dec. 19, 2014 128 Stat. 3110        Historical and Revision Notes  Revised Section Source (U.S. Code) Source (Statutes at Large)  100735 16 U.S.C. 1910 Pub. L. 94429,  11 Sept. 28, 1976 90 Stat. 1344 Pub. L. 98620, title IV,  402(21) 98 Stat. 3358  100736. Acquisition of land by Secretary  Nothing in this subchapter shall be construed to limit the authority of the Secretary to acquire land and interests in land within the boundary of any System unit. The Secretary shall give prompt and careful consideration to any offer made by the owner of any valid right or other property in Glacier Bay National Monument, Death Valley National Monument, Organ Pipe Cactus National Monument, or Mount McKinley National Park to sell the right or other property if the owner notifies the Secretary that the continued ownership of the right or property is causing, or would result in, undue hardship. ( Pub. L. 113287,  3 Dec. 19, 2014 128 Stat. 3110        Historical and Revision Notes  Revised Section Source (U.S. Code) Source (Statutes at Large)  100736 16 U.S.C. 1911 Pub. L. 94429,  12 Sept. 28, 1976 90 Stat. 1344  100737. Financial disclosure by officer or employee of Secretary (a)  Written Statements Each officer or employee of the Secretary who (1) performs any function or duty under this subchapter, or any Act amended by the Mining in the Parks Act ( Public Law 94429 90 Stat. 1342 (2) has any known financial interest (A) in any person subject to this subchapter or any Act amended by the Mining in the Parks Act ( Public Law 94429 90 Stat. 1342 (B) in any person who holds a mining claim within the boundary of any System unit; shall annually file with the Secretary a written statement concerning all such interests held by the officer or employee during the preceding calendar year. The statement shall be available to the public. (b)  Monitoring and Enforcement Procedures The Secretary shall (1) define the term known financial interest for purposes of subsection (a); (2) establish the methods by which the requirement to file written statements specified in subsection (a) will be monitored and enforced, including appropriate provisions for the filing by the officers and employees of the statements and the review by the Secretary of the statements; and (3) submit to Congress on June 1 of each year a report with respect to the disclosures and the actions taken in regard to the disclosures during the preceding calendar year. (c)  Exemptions In the rules prescribed under subsection (b), the Secretary may identify specific positions within the Department of the Interior that are of a nonregulatory or nonpolicymaking nature and provide that officers or employees occupying those positions shall be exempt from the requirements of this section. (d)  Criminal Penalties Criminal penalties for a violation of this section are provided by section 1865 of title 18 ( Pub. L. 113287,  3 Dec. 19, 2014 128 Stat. 3110        Historical and Revision Notes  Revised Section Source (U.S. Code) Source (Statutes at Large)  100737(a) through (c) 16 U.S.C. 1912(a) Pub. L. 94429,  13(a) Sept. 28, 1976 90 Stat. 1344 100737(d) no source. In subsection (a), the words beginning on February 1, 1977 In subsection (b), the words act within ninety days after September 28, 1976 In subsection (c), the words the Department of the Interior are substituted for such agency for clarity. Subsection (d) is added for informational purposes. Editorial Notes  References in Text The Mining in the Parks Act, referred to in subsec. (a)(1), (2)(A), is Pub. L. 94429 Sept. 28, 1976 90 Stat. 1342 SUBCHAPTER IV ADMINISTRATION  100751. Regulations (a)  In General The Secretary shall prescribe such regulations as the Secretary considers necessary or proper for the use and management of System units. (b)  Boating and Other Activities on or Relating to Water The Secretary, under such terms and conditions as the Secretary considers advisable, may prescribe regulations under subsection (a) concerning boating and other activities on or relating to water located within System units, including water subject to the jurisdiction of the United States. Any regulation under this subsection shall be complementary to, and not in derogation of, the authority of the Coast Guard to regulate the use of water subject to the jurisdiction of the United States. (c)  Criminal Penalties Criminal penalties for a violation of a regulation prescribed under this section are provided by section 1865 of title 18 ( Pub. L. 113287,  3 Dec. 19, 2014 128 Stat. 3111        Historical and Revision Notes  Revised Section Source (U.S. Code) Source (Statutes at Large)  100751(a) 16 U.S.C. 3  Aug. 25, 1916, ch. 408,  3 39 Stat. 535 100751(b) 16 U.S.C. 1a2(a) Pub. L. 91383,  3 Aug. 18, 1970 84 Stat. 826  16 U.S.C. 1a2(h) Pub. L. 91383,  3(h) Pub. L. 94458,  1(2) Oct. 7, 1976 90 Stat. 1939 Pub. L. 106176, title I,  118(2) Mar. 10, 2000 114 Stat. 28 100751(c) no source. In subsection (b), the words In order to facilitate the administration of the national park system and and enforce are omitted as unnecessary. The words under subsection (a) are added for clarity to show that a regulation under subsection (b) is a special type of regulation under subsection (a) so that a violation of a regulation under subsection (b) is subject to a criminal penalty under 18 U.S.C. 1865 Subsection (c) is added for informational purposes.  100752. Destruction of animals and plant life  The Secretary may provide for the destruction of such animals and plant life as may be detrimental to the use of any System unit. ( Pub. L. 113287,  3 Dec. 19, 2014 128 Stat. 3111        Historical and Revision Notes  Revised Section Source (U.S. Code) Source (Statutes at Large)  100752 16 U.S.C. 3  Aug. 25, 1916, ch. 408,  3 39 Stat. 535  100753. Disposal of timber  The Secretary, on terms and conditions to be fixed by the Secretary, may sell or dispose of timber in cases where, in the judgment of the Secretary, the cutting of timber is required to control attacks of insects or diseases or otherwise conserve the scenery or the natural or historic objects in any System unit. ( Pub. L. 113287,  3 Dec. 19, 2014 128 Stat. 3111        Historical and Revision Notes  Revised Section Source (U.S. Code) Source (Statutes at Large)  100753 16 U.S.C. 3 Aug. 25, 1916, ch. 408,  3 39 Stat. 535  100754. Relinquishment of legislative jurisdiction (a)  In General Notwithstanding any other provision of law, the Secretary may relinquish to a State or a territory (including a possession) of the United States part of the legislative jurisdiction of the United States over System land or interests in land in that State or territory. Relinquishment may be accomplished (1) by filing with the chief executive official of the State or territory a notice of relinquishment to take effect on acceptance; or (2) as the laws of the State or territory may otherwise provide. (b)  Submission of Agreement to Congress Prior to consummating a relinquishment under subsection (a), the Secretary shall submit the proposed agreement to the Committee on Energy and Natural Resources of the Senate and the Committee on Natural Resources of the House of Representatives. The Secretary shall not finalize the agreement until 60 calendar days after the submission has elapsed. (c)  Concurrent Legislative Jurisdiction The Secretary shall diligently pursue the consummation of arrangements with each State or territory within which a System unit is located so that insofar as practicable the United States shall exercise concurrent legislative jurisdiction within System units. ( Pub. L. 113287,  3 Dec. 19, 2014 128 Stat. 3111        Historical and Revision Notes  Revised Section Source (U.S. Code) Source (Statutes at Large)  100754 16 U.S.C. 1a3 Pub. L. 91383,  6 Pub. L. 94458,  2 Oct. 7, 1976 90 Stat. 1939 Pub. L. 103437,  6(a)(1) Nov. 2, 1994 108 Stat. 4583 In this section, the words territory (including a possession) are substituted for territory, or possession the 1st time the words appear for clarity, because a possession is a category of territory, that is, one that has very little local autonomy. In subsequent instances, the word territory is used in an equivalent sense. The word Commonwealth is omitted as being included in territory (including a possession).  100755. Applicability of other laws (a)  In General This section and sections 100501, 100901(d) to (h), 101302(b)(2), 101901(c), and 102711 of this title, and the various authorities relating to the administration and protection of System units, including the provisions of law listed in subsection (b), shall, to the extent that those provisions are not in conflict with any such specific provision, be applicable to System units, and any reference in any of these provisions to a System unit does not limit those provisions to that System unit. (b)  Applicable Provisions The provisions of law referred to in subsection (a) are (1) section 100101(a), chapter 1003, sections 100751(a), 100752, 100753, 101101, 101102, 101511, 102101, 102712, 102901, 104905, and 104906, and chapter 2003 of this title; (2) the Act of March 4, 1911 43 U.S.C. 961 (3) chapter 3201 of this title. ( Pub. L. 113287,  3 Dec. 19, 2014 128 Stat. 3112        Historical and Revision Notes  Revised Section Source (U.S. Code) Source (Statutes at Large)  100755 16 U.S.C. 1c(b) Aug. 8, 1953, ch. 384,  2(b) 67 Stat. 496 Pub. L. 91383,  2(b) Aug. 18, 1970 84 Stat. 826 In subsection (a), the words reference in such Act are interpreted to mean reference in such Acts for clarity. In subsection (b)(1), the words relating to donation of land and money, relating to roads and trails, relating to approach roads to national monuments, relating to conveyance of roads to States, relating to acquisitions of inholdings, and relating to aid to visitors in emergencies are omitted as unnecessary. The words the Act of March 3, 1905 33 Stat. 873 16 U.S.C. 10 section 10(a)(2) of the Act of August 18, 1970 Public Law 91383 section 2 of the Act of October 7, 1976 Public Law 94458 90 Stat. 1941 October 9, 1965 79 Stat. 696 16 U.S.C. 2020g Public Law 105391 112 Stat. 3515 In subsection (b)(2), the words relating to rights of way are omitted as unnecessary. Subsection (b)(3) is added for clarity because many of the laws that established a System unit provided that the Secretary, in addition to administering the unit in accordance with the Act of August 25, 1916 16 U.S.C. 1 August 21, 1935 16 U.S.C. 461 CHAPTER 1008 EDUCATION AND INTERPRETATION    Sec.  100801. Definitions.  100802. Interpretation and education authority.  100803. Interpretation and education evaluation and quality improvement.  100804. Improved use of partners and volunteers in interpretation and education.  100801. Definitions As used in this chapter: (1)  Interpretation The term interpretation (A) means providing opportunities for people to form intellectual and emotional connections to gain awareness, appreciation, and understanding of the resources of the System; and (B) may refer to the professional career field of Service employees, volunteers, and partners who interpret the resources of the System. (2)  Education The term education means enhancing public awareness, understanding, and appreciation of the resources of the System through learner-centered, place-based materials, programs, and activities that achieve specific learning objectives as identified in a curriculum. (3)  Related areas The term related areas means (A) national wild and scenic rivers and national trails; (B) national heritage areas; and (C) affiliated areas administered in connection with the System. (Added Pub. L. 114289, title III,  301(a) Dec. 16, 2016 130 Stat. 1486  100802. Interpretation and education authority  The Secretary shall ensure that management of System units and related areas is enhanced by the availability and use of a broad program of the highest quality interpretation and education. (Added Pub. L. 114289, title III,  301(a) Dec. 16, 2016 130 Stat. 1487  100803. Interpretation and education evaluation and quality improvement The Secretary may undertake a program of regular evaluation of interpretation and education programs to ensure that they (1) adjust to how people learn and engage with the natural world and shared heritage as embodied in the System; (2) reflect different cultural backgrounds, ages, education, gender, abilities, ethnicity, and needs; (3) demonstrate innovative approaches to management and appropriately incorporate emerging learning and communications technology; and (4) reflect current scientific and academic research, content, methods, and audience analysis. (Added Pub. L. 114289, title III,  301(a) Dec. 16, 2016 130 Stat. 1487  100804. Improved use of partners and volunteers in interpretation and education The Secretary may (1) coordinate with park partners and volunteers in the delivery of quality programs and services to supplement those provided by the Service as part of a parks Long Range Interpretive Plan; (2) support interpretive partners by providing opportunities to participate in interpretive training; and (3) collaborate with other Federal and non-Federal public or private agencies, organizations, or institutions for the purposes of developing, promoting, and making available educational opportunities related to resources of the System and programs. (Added Pub. L. 114289, title III,  301(a) Dec. 16, 2016 130 Stat. 1487 CHAPTER 1009 ADMINISTRATION    Sec.  100901. Authority of Secretary to carry out certain activities.  100902. Rights of way for public utilities and power and communication facilities.  100903. Solid waste disposal operations.  100904. Admission and special recreation use fees.  100905. Commercial filming.  100906. Advisory committees.  100901. Authority of Secretary to carry out certain activities (a)  In General To facilitate the administration of the System, the Secretary, under such terms and conditions as the Secretary may consider advisable, may carry out the activities described in this section. (b)  Services, Resources, or Water Contracts The Secretary may enter into contracts that provide for the sale or lease to persons, States, or political subdivisions of States, of services, resources, or water available within a System unit, as long as the activity does not jeopardize or unduly interfere with the primary natural or historic resource of the System unit, if the person, State, or political subdivision (1) provides public accommodations or services within the immediate vicinity of the System unit to individuals visiting the System unit; and (2) demonstrates to the Secretary that there are no reasonable alternatives by which to acquire or perform the necessary services, resources, or water. (c)  Vehicular Air Conditioning The Secretary may acquire, and have installed, air conditioning units for any Government-owned passenger motor vehicles used by the Service, where assigned duties necessitate long periods in automobiles or in regions of the United States where high temperatures and humidity are common and prolonged. (d)  Utility Facilities The Secretary may erect and maintain fire protection facilities, water lines, telephone lines, electric lines, and other utility facilities adjacent to any System unit, where necessary, to provide service in the System unit. (e)  Supplies and Rental of Equipment The Secretary may furnish, on a reimbursement of appropriation basis, supplies, and rent equipment, to persons and agencies that, in cooperation with and subject to the approval of the Secretary, render services or perform functions that facilitate or supplement the activities of the Department of the Interior in the administration of the System. The reimbursements may be credited to the appropriation current at the time reimbursements are received. (f)  Contracts for Utility Facilities The Secretary may contract, under terms and conditions that the Secretary considers to be in the interest of the Federal Government, for the sale, operation, maintenance, repair, or relocation of Government-owned electric and telephone lines and other utility facilities used for the administration and protection of the System, regardless of whether the lines and facilities are located within or outside the System. (g)  Rights of Way Necessary To Construct, Improve, and Maintain Roads The Secretary may acquire (1) rights of way necessary to construct, improve, and maintain roads within the authorized boundaries of any System unit; and (2) land and interests in land adjacent to the rights of way, when (A) considered necessary by the Secretary (i) to provide adequate protection of natural features; or (ii) to avoid traffic and other hazards resulting from private road access connections; or (B) the acquisition of adjacent residual tracts, which otherwise would remain after acquiring the rights of way, would be in the public interest. (h)  Operation and Maintenance of Motor and Other Equipment. (1)  In general The Secretary may operate, repair, maintain, and replace motor and other equipment on a reimbursable basis when the equipment is used on Federal projects of the System, chargeable to other appropriations, or on work of other Federal agencies, when requested by the agencies. (2)  Reimbursement Reimbursement shall be (A) made from appropriations applicable to the work on which the equipment is used at rental rates established by the Secretary, based on actual or estimated cost of operation, repair, maintenance, depreciation, and equipment management control; and (B) credited to appropriations currently available at the time adjustment is effected. (3)  Rental of equipment for fire control purposes The Secretary may rent equipment for fire control purposes to State, county, private, or other non-Federal agencies that cooperate with the Secretary in the administration of the System and other areas in fire control. The rental shall be under the terms of written cooperative agreements. The amount collected for the rentals shall be credited to appropriations currently available at the time payment is received. ( Pub. L. 113287,  3 Dec. 19, 2014 128 Stat. 3112        Historical and Revision Notes  Revised Section Source (U.S. Code) Source (Statutes at Large)  100901(a) 16 U.S.C. 1a2 Pub. L. 91383,  3 Aug. 18, 1970 84 Stat. 826  16 U.S.C. 1b Aug. 8, 1953, ch. 384,  1 67 Stat. 495 Pub. L. 91383,  2(a) Aug. 18, 1970 84 Stat. 826 100901(b) 16 U.S.C. 1a2(e) Pub. L. 91383,  3(e) Aug. 18, 1970 84 Stat. 827 Pub. L. 94458,  1(1) Oct. 7, 1976 90 Stat. 1939 Pub. L. 106176, title I,  118(2) Mar. 10, 2000 114 Stat. 28 100901(c) 16 U.S.C. 1a2(f) Pub. L. 91383,  3(f) Aug. 18, 1970 84 Stat. 827 Pub. L. 106176, title I,  118(2) Mar. 10, 2000 114 Stat. 28 100901(d) 16 U.S.C. 1b(2) 100901(e) through (h) 16 U.S.C. 1b(5) In subsection (a), the words and he may use applicable appropriations for the aforesaid system for the following purposes in 16 U.S.C. 1b  100902. Rights of way for public utilities and power and communication facilities (a)  Public Utilities. (1)  In general Under regulations the Secretary prescribes, the Secretary may grant a right of way through a System unit to a citizen, association, or corporation of the United States that intends to use the right of way for (A) electrical plants, poles, and lines for the generation and distribution of electrical power; (B) telephone and telegraph purposes; and (C) canals, ditches, pipes and pipe lines, flumes, tunnels, or other water conduits and water plants, dams, and reservoirs used to promote irrigation or mining or quarrying, or the manufacturing or cutting of timber or lumber, or the supplying of water for domestic, public, or any other beneficial uses. (2)  Extent of right of way A right of way under this subsection shall be for (A) the ground occupied by the canals, ditches, flumes, tunnels, reservoirs, or other water conduits or water plants, or electrical or other works permitted under paragraph (1); and (B) not more than 50 feet (i) on each side of the marginal limits of the ground; or (ii) on each side of the center line of the pipes and pipe lines, electrical, telegraph, and telephone lines and poles. (3)  Approval A right of way under this subsection shall be allowed within or through a System unit only on the approval of the Secretary and on a finding that the right of way is not incompatible with the public interest. (4)  Revocation The Secretary may revoke a right of way under this subsection. (5)  Right, easement, or interest not conferred A right of way under this subsection does not confer any right, easement, or interest in, to, or over a System unit. (b)  Power and Communication Facilities. (1)  In general Under regulations the Secretary prescribes, the Secretary may grant a right of way over, across, and on through a System unit to a citizen, association, or corporation of the United States that intends to use the right of way for (A) electrical poles and lines for the transmission and distribution of electrical power; (B) poles and lines for communication purposes; and (C) radio, television, and other forms of communication transmitting, relay, and receiving structures and facilities. (2)  Extent of right of way A right of way under this subsection (A) shall be for not more than 50 years from the date the right of way is granted; and (B) for (i) lines and poles shall be for 200 feet on each side of the center line of the lines and poles; and (ii) radio, television, and other forms of communication transmitting, relay, and receiving structures and facilities shall be for not more than 400 feet by 400 feet. (3)  Approval A right of way under this subsection shall be allowed within or through a System unit only on the approval of the Secretary and on a finding that the right of way is not incompatible with the public interest. (4)  Forfeiture and annulment The Secretary may forfeit and annul any part of a right of way under this subsection for (A) nonuse for a period of 2 years; or (B) abandonment. ( Pub. L. 113287,  3 Dec. 19, 2014 128 Stat. 3113        Historical and Revision Notes  Revised Section Source (U.S. Code) Source (Statutes at Large)  100902(a) 16 U.S.C. 79 Feb. 15, 1901 31 Stat. 790 100902(b) 16 U.S.C. 5 Mar. 4, 1911, ch. 238 Improvement of the National Forest Forest Service 36 Stat. 1253 May 27, 1952, ch. 338 66 Stat. 95 In subsection (a), the text of 16 U.S.C. 79 section 1 of the Act of July 16, 1947 61 Stat. 327 In subsection (a)(1), the words and the Yosemite, Sequoia, and General Grant national parks, California are omitted as unnecessary because other reservations encompasses all System units. The inclusion of paragraphs (4) and (5) of subsection (a) do not have any effect on rights of way under subsection (b). In subsection (a)(4), the words or his successor in his discretion are omitted as unnecessary. In subsection (b), the text of 16 U.S.C. 5 March 4, 1911 36 Stat. 1253 16 U.S.C. 5  100903. Solid waste disposal operations (a)  In General 1 1 To protect the air, land, water, and natural and cultural values of the System and the property of the United States in the System, no solid waste disposal site (including any site for the disposal of domestic or industrial solid waste) may be operated within the boundary of any System unit, other than (1) a site that was operating as of September 1, 1984 (2) a site used only for disposal of waste generated within that System unit so long as the site will not degrade any of the natural or cultural resources of the System unit. (b)  Regulations The Secretary shall prescribe regulations to carry out this section, including reasonable regulations to mitigate the adverse effects of solid waste disposal sites in operation as of September 1, 1984 ( Pub. L. 113287,  3 Dec. 19, 2014 128 Stat. 3115        Historical and Revision Notes  Revised Section Source (U.S. Code) Source (Statutes at Large)  100903 16 U.S.C. 460 l Pub. L. 90401,  5(c) Pub. L. 98506,  2 Oct. 19, 1984 98 Stat. 2338  100904. Admission and special recreation use fees (a)  System Units at Which Entrance Fees or Admissions Fees Cannot Be Collected. (1)  Withholding of amounts Notwithstanding section 107 of the Department of the Interior and Related Agencies Appropriations Act, 1998 ( Public Law 10583 111 Stat. 1561 16 U.S.C. 6806(a) (2)  Use of amounts Amounts withheld under paragraph (1) shall be retained by the Secretary and shall be available, without further appropriation, for expenditure by the Secretary for the System unit with respect to which the amounts were collected for the purposes of enhancing the quality of the visitor experience, protection of resources, repair and maintenance, interpretation, signage, habitat or facility enhancement, resource preservation, annual operation (including fee collection), maintenance, and law enforcement. (b)  Allocation of Funds to System Units. (1)  Allocation of funds on basis of need Ten percent of the funds made available to the Director under subsection (a) in each fiscal year shall be allocated among System units on the basis of need in a manner to be determined by the Director. (2)  Allocation of funds based on expenses and based on fees collected. (A)  In general Forty percent of the funds made available to the Director under subsection (a) in each fiscal year shall be allocated among System units in accordance with subparagraph (B) of this subsection and 50 percent shall be allocated in accordance with subparagraph (C). (B)  Allocation based on expenses The amount allocated to each System unit under this paragraph for each fiscal year based on expenses shall be a fraction of the total allocation to all System units under this paragraph. The fraction for each System unit shall be determined by dividing the operating expenses at that System unit during the prior fiscal year by the total operating expenses at all System units during the prior fiscal year. (C)  Allocation based on fees collected The amount allocated to each System unit under this paragraph for each fiscal year based on fees collected shall be a fraction of the total allocation to all System units under this paragraph. The fraction for each System unit shall be determined by dividing the user fees and admission fees collected under this section at that System unit during the prior fiscal year by the total of user fees and admission fees collected under this section at all System units during the prior fiscal year. (3)  Availability of amounts Amounts allocated under this subsection to any System unit for any fiscal year and not expended in that fiscal year shall remain available for expenditure at that System unit until expended. (c)  Selling of Permits. (1)  Authority to sell permits When authorized by the Secretary, volunteers at System units may sell permits and collect fees authorized or established pursuant to this section. The Secretary shall ensure that the volunteers have adequate training regarding (A) the sale of permits and the collection of fees; (B) the purposes and resources of the System units in which they are assigned; and (C) the provision of assistance and information to visitors to the System unit. (2)  Surety bond required The Secretary shall require a surety bond for any such volunteer performing services under this subsection. Funds available to the Service may be used to cover the cost of the surety bond. The Secretary may enter into arrangements with qualified public or private entities pursuant to which the entities may sell (without cost to the United States) annual admission permits (including Golden Eagle Passports) at any appropriate location. The arrangements shall require each such entity to reimburse the United States for the full amount to be received from the sale of the permits at or before the Secretary delivers the permits to the entity for sale. (d)  Charge for Transportation Provided by Service for Viewing System Units. (1)  Charge when transportation provided Where the Service provides transportation to view all or a portion of any System unit, the Director may impose a charge for the service in lieu of an admission fee under this section. (2)  Retention of charge and use of retained amount Notwithstanding any other provision of law, half of the charges imposed under paragraph (1) shall be retained by the System unit at which the service was provided. The remainder shall be deposited in the same manner as receipts from fees collected pursuant to this section. Fifty percent of the amount retained shall be expended only for maintenance of transportation systems at the System unit where the charge was imposed. The remaining 50 percent of the retained amount shall be expended only for activities related to resource protection at those System units. (e)  Admission Fees Where the primary public access to a System unit is provided by a concessioner, the Secretary may charge an admission fee at the System unit only to the extent that the total of the fee charged by the concessioner for access to the System unit and the admission fee does not exceed the maximum amount of the admission fee that could otherwise be imposed. (f)  Commercial Tour Use Fees. (1)  Establishment In the case of each System unit for which an admission fee is charged under this section, the Secretary shall establish a commercial tour use fee to be imposed on each vehicle entering the System unit for the purpose of providing commercial tour services within the System unit. (2)  Amount The Secretary shall establish the amount of fee per entry as follows: (A) Twenty-five dollars per vehicle with a passenger capacity of 25 individuals or less. (B) Fifty dollars per vehicle with a passenger capacity of more than 25 individuals. (3)  Adjustments The Secretary may periodically make reasonable adjustments to the commercial tour use fee imposed under this subsection. (4)  Nonapplicability The commercial tour use fee imposed under this subsection shall not apply to the following: (A) Any vehicle transporting organized school groups or outings conducted for educational purposes by schools or other bona fide educational institutions. (B) Any vehicle entering a System unit pursuant to a contract issued under subchapter II of chapter 1019 of this title. (5)  Applicability This subsection shall apply to aircraft entering the airspace of (A) Haleakala Crater, Crater Cabins, the Scientific Research Reserve, Halemauu Trail, Kaupo Gap Trail, or any designated tourist viewpoint in Haleakala National Park or of Grand Canyon National Park; or (B) any other System unit for the specific purpose of providing commercial tour services if the Secretary determines that the level of the services is equal to or greater than the level at the System units specified in subparagraph (A). ( Pub. L. 113287,  3 Dec. 19, 2014 128 Stat. 3115        Historical and Revision Notes  Revised Section Source (U.S. Code) Source (Statutes at Large)  100904(a) 16 U.S.C. 460 l Pub. L. 88578, title I,  4(i)(1)(C) Pub. L. 105327,  1 Oct. 30, 1998 112 Stat. 3055 Pub. L. 108447, div. J, title VIII,  813(a) Dec. 8, 2004 118 Stat. 3390 Pub. L. 10954, title I,  132 Aug. 2, 2005 119 Stat. 526 100904(b) through (e) 16 U.S.C. 460 l Pub. L. 88578, title I,  4(j) Pub. L. 100203, title V,  5201(c) Dec. 22, 1987 101 Stat. 1330265 100904(f) 16 U.S.C. 460 l Pub. L. 88578, title I,  4(n) Pub. L. 10366, title X,  10002(c) Aug. 10, 1993 107 Stat. 404 In subsection (c), the word Secretary is substituted for head of the collecting agency, head of the agency, collecting agency, and agency, and the words System units are substituted for designated areas and areas, because the source provisions apply only to the National Park Service. In subsection (d)(2), the words into the special account referred to in subsection (i) of this section are omitted as obsolete. In subsection (e), the words under subsection (a) of this section are omitted as obsolete. In subsection (f)(1), the words by October 1, 1993 In subsection (f)(4)(B), the words subchapter II of chapter 1019 of this title are substituted for the Act of October 9, 1965 16 U.S.C. 2020g Public Law 105391 112 Stat. 3515 October 9, 1965 16 U.S.C. 20 Editorial Notes  References in Text Section 107 of the Department of the Interior and Related Agencies Appropriations Act, 1998, referred to in subsec. (a)(1), is section 107 of Pub. L. 10583 Nov. 14, 1997 111 Stat. 1561 l Statutory Notes and Related Subsidiaries Construction Pub. L. 10954, title I,  132(c) Aug. 2, 2005 119 Stat. 526 Except as provided in this section [amending former section 460 l section 6812 of Title 16 section 6812 of Title 16 16 U.S.C. 460 l 54 U.S.C. 100904(a) 16 U.S.C. 6812(a) Pub. L. 108447 l  100905. Commercial filming (a)  Commercial Filming Fee. (1)  In general The Secretary shall require a permit and shall establish a reasonable fee for commercial filming activities or similar projects in a System unit. The fee shall provide a fair return to the United States and shall be based on the following criteria: (A) The number of days the filming activity or similar project takes place in the System unit. (B) The size of the film crew present in the System unit. (C) The amount and type of equipment present in the System unit. (2)  Other factors The Secretary may include other factors in determining an appropriate fee as the Secretary considers necessary. (b)  Recovery of Costs The Secretary shall collect any costs incurred as a result of filming activities or similar projects, including administrative and personnel costs. All costs recovered shall be in addition to the fee assessed in subsection (a). (c)  Still Photography. (1)  In general Except as provided in paragraph (2), the Secretary shall not require a permit or assess a fee for still photography in a System unit if the photography takes place where members of the public are generally allowed. The Secretary may require a permit, assess a fee, or both, if the photography takes place at other locations where members of the public are generally not allowed, or where additional administrative costs are likely. (2)  Exception The Secretary shall require and shall establish a reasonable fee for still photography that uses models or props that are not a part of the sites natural or cultural resources or administrative facilities. (d)  Protection of Resources The Secretary shall not permit any filming, still photography or other related activity if the Secretary determines that (1) there is a likelihood of resource damage; (2) there would be an unreasonable disruption of the publics use and enjoyment of the site; or (3) the activity poses health or safety risks to the public. (e)  Use of Proceeds. (1)  Fees All fees collected under this section shall be available for expenditure by the Secretary, without further appropriation and shall remain available until expended. (2)  Costs All costs recovered under this section shall be available for expenditure by the Secretary, without further appropriation, at the site where the costs are collected and shall remain available until expended. (f)  Processing of Permit Applications The Secretary shall establish a process to ensure that the Secretary responds in a timely manner to permit applicants for commercial filming, still photography, or other activity. ( Pub. L. 113287,  3 Dec. 19, 2014 128 Stat. 3117        Historical and Revision Notes  Revised Section Source (U.S. Code) Source (Statutes at Large)  100905 16 U.S.C. 460 l Pub. L. 106206,  1 May 26, 2000 114 Stat. 314 In subsection (e)(1), the words in accordance with the formula and purposes established for the Recreational Fee Demonstration Program ( Public Law 104134 Public Law 108447 118 Stat. 3390  100906. Advisory committees (a)  Establishment To facilitate the administration of the System, the Secretary, under such terms and conditions as the Secretary may consider advisable, may appoint and establish advisory committees in regard to the functions of the Service as the Secretary considers advisable. (b)  Charter Exception On Renewal Section 1013(b) of title 5 (c)  Service of Members Any member of any advisory commission or advisory committee established in connection with any System unit may serve after the expiration of the members term until a successor is appointed. (d)  Compensation and Travel Expenses Members of an advisory committee established under subsection (a) shall receive no compensation for their services as such but shall be allowed necessary travel expenses as authorized by section 5703 of title 5 ( Pub. L. 113287,  3 Dec. 19, 2014 128 Stat. 3118 Pub. L. 117286,  4(a)(328) Dec. 27, 2022 136 Stat. 4342        Historical and Revision Notes  Revised Section Source (U.S. Code) Source (Statutes at Large)  100906(a) 16 U.S.C. 1a2 Pub. L. 91383,  3 Aug. 18, 1970 84 Stat. 826 Pub. L. 106176, title I,  118(2) Mar. 10, 2000 114 Stat. 28 100906(b), (c) 16 U.S.C. 1a14 Pub. L. 102525, title III,  301 Oct. 26, 1992 106 Stat. 3441 100906(d) 16 U.S.C. 1a2(c) Editorial Notes Amendments 2022Subsec. (b). Pub. L. 117286 Section 1013(b) of title 5 CHAPTER 1011 DONATIONS    SUBCHAPTER IAUTHORITY OF SECRETARY  Sec.  101101. Authority to accept land, rights-of-way, buildings, other property, and money.  101102. Authority to accept and use funds to consolidate Federal land ownership.  SUBCHAPTER IINATIONAL PARK FOUNDATION  101111. Purpose and establishment of Foundation.  101112. Board.  101113. Gifts, devises, or bequests.  101114. Disposition of property or income.  101115. Corporate succession and powers and duties acting as trustee; personal liability for malfeasance.  101116. Corporate powers.  101117. Authority of Board.  101118. Tax exemptions; contributions toward costs of local government; contributions, gifts, or transfers to or for use of United States.  101119. Liability of United States.  101120. Promotion of local fundraising support.  101121. Second Century Endowment for the National Park Service.  101122. Authorization of appropriations; use of funds.   Editorial Notes  Amendments  2016 Pub. L. 114289, title II,  202(b) Dec. 16, 2016 130 Stat. 1486 SUBCHAPTER I AUTHORITY OF SECRETARY  101101. Authority to accept land, rights-of-way, buildings, other property, and money The Secretary in the administration of the Service may accept (1) patented land, rights-of-way over patented land or other land, buildings, or other property within a System unit; and (2) money that may be donated for the purposes of the System. ( Pub. L. 113287,  3 Dec. 19, 2014 128 Stat. 3119        Historical and Revision Notes  Revised Section Source (U.S. Code) Source (Statutes at Large)  101101 16 U.S.C. 6 June 5, 1920, ch. 235,  1 national parks 41 Stat. 917 Statutory Notes and Related Subsidiaries National Park System Donor Acknowledgment Pub. L. 113291, div. B, title XXX,  3054 Dec. 19, 2014 128 Stat. 3806  (a)  Definitions In this section: (1)  Donor acknowledgment The term donor acknowledgment means an appropriate statement or credit acknowledging a donation. (2)  National park system The term National Park System includes each program and individual unit of the National Park System. (3)  Secretary The term Secretary means the Secretary of the Interior. (b)  Donor Acknowledgments in Units of National Park System. (1)  In general The Secretary may authorize a donor acknowledgment to recognize a donation to (A) the National Park Service; or (B) the National Park System. (2)  Restrictions A donor acknowledgment shall not be used to state or imply (A) recognition of the donor or any product or service of the donor as an official sponsor, or any similar form of recognition, of the National Park Service or the National Park System; (B) a National Park Service endorsement of the donor or any product or service of the donor; or (C) naming rights to any unit of the National Park System or a National Park System facility, including a visitor center. (3)  Requirements. (A)  Display A donor acknowledgment shall be displayed (i) in a manner that is approved by the Secretary; and (ii) for a period of time, as determined by the Secretary, that is commensurate with the amount of the contribution and the life of the structure. (B)  Guidelines The Secretary shall establish donor acknowledgment guidelines that take into account the unique requirements of individual units and programs of the National Park System. (C)  Use of slogans prohibited A donor acknowledgment shall not permit the use of (i) an advertising slogan; or (ii) a statement or credit promoting or opposing a political candidate or issue. (4)  Placement. (A)  Visitor and administrative facilities A donor acknowledgment may be located on or inside a visitor center or administrative facility of the National Park System (including in a specific room or section) or any other appropriate location, such as on a donor recognition wall or plaque. (B)  Outside A donor acknowledgment may be located in an area outside of a visitor or administrative facility described in subparagraph (A), including a bench, brick, pathway, area of landscaping, or plaza. (C)  Projects A donor acknowledgment may be located near a park construction or restoration project, if the donation directly relates to the project. (D)  Vehicles A donor acknowledgment may be placed on a National Park Service vehicle, if the donation directly relates to the vehicle. (E)  Limitation Any donor acknowledgment associated with a historic structure or placed outside a park restoration project (i) shall be freestanding; and (ii) shall not obstruct a natural or historical site or view. (5)  Printed, digital, and media platforms The Secretary may authorize the use of donor acknowledgments under this subsection to include donor acknowledgments on printed, digital, and media platforms, including brochures or Internet websites relating to a specific unit of the National Park System. (c)  Commemorative Works Act Amendments  [Amended section 8905 of Title 40 (d)  Effect of Section Nothing in this section or an amendment made by this section (1) requires the Secretary to accept a donation; or (2) modifies section 145 of Public Law 108108 16 U.S.C. 1a1 54 U.S.C. 100101 117 Stat. 1280  101102. Authority to accept and use funds to consolidate Federal land ownership (a)  In General The Secretary may (1) accept and use funds that may be donated in order to consolidate Federal land ownership within the existing boundaries of any System unit; and (2) encourage the donation of funds for that purpose, subject to the condition that donated funds are to be expended for purposes of this section only if Federal funds in an amount equal to the amount of the donated funds are appropriated for the purposes of this section. (b)  Authorization of Appropriations There are authorized to be appropriated for each fiscal year not more than $500,000 to match funds that are donated for those purposes. ( Pub. L. 113287,  3 Dec. 19, 2014 128 Stat. 3119        Historical and Revision Notes  Revised Section Source (U.S. Code) Source (Statutes at Large)  101102 16 U.S.C. 452a Aug. 31, 1954, ch. 1163 68 Stat. 1037 In subsection (b), the words not more than $500,000 are substituted for such funds as may be necessary and the text of 16 U.S.C. 45a SUBCHAPTER II NATIONAL PARK FOUNDATION  101111. Purpose and establishment of Foundation  To encourage private gifts of real and personal property, or any income from, or other interest in, the property, for the benefit of, or in connection with, the Service, its activities, or its services, and thereby to further the conservation of natural, scenic, historic, scientific, educational, inspirational, or recreational resources for future generations of Americans, there is established a charitable and nonprofit corporation to be known as the National Park Foundation to accept and administer those gifts. ( Pub. L. 113287,  3 Dec. 19, 2014 128 Stat. 3120        Historical and Revision Notes  Revised Section Source (U.S. Code) Source (Statutes at Large)  101111 16 U.S.C. 19e Pub. L. 90209,  1 Dec. 18, 1967 81 Stat. 656  101112. Board (a)  Membership The National Park Foundation shall consist of a Board having as members no fewer than six private citizens of the United States appointed by the Secretary. The Secretary and the Director shall be non-voting members of the Board, ex officio. (b)  Term of Office and Vacancies The term of the private citizen members of the Board is 6 years. If a successor is chosen to fill a vacancy occurring prior to the expiration of a term, the successor shall be chosen only for the remainder of that term. (c)  Chairman The Chairman shall be elected by the Board from its members for a 2-year term. (d)  Board Membership Not an Office Membership on the Board shall not be an office within the meaning of the statutes of the United States. (e)  Quorum A majority of the members of the Board serving at any time shall constitute a quorum for the transaction of business. (f)  Seal The National Park Foundation shall have an official seal, which shall be judicially noticed. (g)  Meetings The Board shall meet at the call of the Chairman and there shall be at least one meeting each year. (h)  Compensation and Reimbursement No compensation shall be paid to the members of the Board for their services as members, but they shall be reimbursed for actual and necessary traveling and subsistence expenses incurred by them in the performance of their duties as members out of National Park Foundation funds available to the Board for those purposes. ( Pub. L. 113287,  3 Dec. 19, 2014 128 Stat. 3120 Pub. L. 114289, title IV,  401(1) Dec. 16, 2016 130 Stat. 1488        Historical and Revision Notes  Revised Section Source (U.S. Code) Source (Statutes at Large)  101112 16 U.S.C. 19f Pub. L. 90209,  2 Dec. 18, 1967 81 Stat. 656 In this section, the text of 16 U.S.C. 19f In subsection (a), the words ex officio are omitted as unnecessary. In subsection (b), the words whose initial terms shall be staggered to assure continuity of administration. Thereafter are omitted as obsolete. Editorial Notes Amendments 2016Subsec. (a). Pub. L. 114289,  401(1)(A) Subsec. (c). Pub. L. 114289,  401(1)(B)  101113. Gifts, devises, or bequests (a)  Authority To Accept Gifts, Devises, or Bequests. (1)  In general The National Park Foundation may accept, receive, solicit, hold, administer, and use any gifts, devises, or bequests, either absolutely or in trust of real or personal property, or any income from, or other interest in, the gift, devise, or bequest, for the benefit of, or in connection with, the Service, its activities, or its services. (2)  Coordination with service Activities of the National Park Foundation under paragraph (1) shall be undertaken after consultation with the Director to ensure that those activities are consistent with the programs and policies of the Service. (3)  Gift, devise, or bequest that is encumbered, restricted, or subject to beneficial interests A gift, devise, or bequest may be accepted by the National Park Foundation even though it is encumbered, restricted, or subject to beneficial interests of private persons if any current or future interest in the gift, devise, or bequest is for the benefit of the Service, its activities, or its services. (b)  When Gift, Devise, or Bequest May Not Be Accepted The National Park Foundation may not accept any gift, devise, or bequest that entails any expenditure other than from the resources of the Foundation. (c)  Interest in Real Property For purposes of this section, an interest in real property includes easements or other rights for preservation, conservation, protection, or enhancement by and for the public of natural, scenic, historic, scientific, educational, inspirational, or recreational resources. ( Pub. L. 113287,  3 Dec. 19, 2014 128 Stat. 3120 Pub. L. 114289, title IV,  401(2) Dec. 16, 2016 130 Stat. 1488        Historical and Revision Notes  Revised Section Source (U.S. Code) Source (Statutes at Large)  101113(a)(1) 16 U.S.C. 19g Pub. L. 90209,  3 Dec. 18, 1967 81 Stat. 656 101113(a)(2) 16 U.S.C. 19g 101113(b) 16 U.S.C. 19g 101113(c) 16 U.S.C. 19g In subsection (c), the words among other things are omitted as unnecessary. Editorial Notes Amendments 2016Subsec. (a)(2), (3). Pub. L. 114289  101114. Disposition of property or income (a)  Authority To Dispose or Deal With Property or Income Except as otherwise required by the instrument of transfer, the National Park Foundation may sell, lease, invest, reinvest, retain, or otherwise dispose of or deal with any property or income from the property as the Board may determine. (b)  Restriction The National Park Foundation shall not engage in any business or make any investment that may not lawfully be made by a trust company in the District of Columbia, except that the Foundation may make any investment authorized by the instrument of transfer, and may retain any property accepted by the Foundation. (c)  Use of Services and Facilities of the Departments of the Interior and Justice The National Park Foundation may utilize the services and facilities of the Department of the Interior and the Department of Justice, and the services and facilities may be made available on request to the extent practicable with or without reimbursement. Amounts reimbursed to either Department shall be returned by the Department to the account from which the funds for which the reimbursement is made were drawn and may, without further appropriation, be expended for any purpose for which the account is authorized. ( Pub. L. 113287,  3 Dec. 19, 2014 128 Stat. 3121        Historical and Revision Notes  Revised Section Source (U.S. Code) Source (Statutes at Large)  101114 16 U.S.C. 19h Pub. L. 90209,  4 Dec. 18, 1967 81 Stat. 656 Pub. L. 106176, title III,  305 Mar. 10, 2000 114 Stat. 33  101115. Corporate succession and powers and duties acting as trustee; personal liability for malfeasance (a)  Perpetual Succession The National Park Foundation shall have perpetual succession. (b)  Powers and Duties of Trustee The National Park Foundation shall have all the usual powers and obligations of a corporation acting as a trustee, including the power to sue and to be sued in its own name. (c)  Personal Liability of Board Members The members of the Board shall not be personally liable, except for malfeasance. ( Pub. L. 113287,  3 Dec. 19, 2014 128 Stat. 3121        Historical and Revision Notes  Revised Section Source (U.S. Code) Source (Statutes at Large)  101115 16 U.S.C. 19i Pub. L. 90209,  5 Dec. 18, 1967 81 Stat. 657  101116. Corporate powers  The National Park Foundation shall have the power to enter into contracts, to execute instruments, and generally to do any and all lawful acts necessary or appropriate to its purposes. ( Pub. L. 113287,  3 Dec. 19, 2014 128 Stat. 3121        Historical and Revision Notes  Revised Section Source (U.S. Code) Source (Statutes at Large)  101116 16 U.S.C. 19j Pub. L. 90209,  6 Dec. 18, 1967 81 Stat. 657  101117. Authority of Board In carrying out this chapter, the Board may (1) adopt bylaws and regulations necessary for the administration of its functions; and (2) contract for any necessary services. ( Pub. L. 113287,  3 Dec. 19, 2014 128 Stat. 3121        Historical and Revision Notes  Revised Section Source (U.S. Code) Source (Statutes at Large)  101117 16 U.S.C. 19k Pub. L. 90209,  7 Dec. 18, 1967 81 Stat. 657  101118. Tax exemptions; contributions toward costs of local government; contributions, gifts, or transfers to or for use of United States (a)  Tax Exemption The National Park Foundation and any income or property received or owned by it, and all transactions relating to that income or property, shall be exempt from all Federal, State, and local taxation. (b)  Contributions In Lieu of Taxes The National Park Foundation may (1) contribute toward the costs of local government in amounts not in excess of those which it would be obligated to pay that government if it were not exempt from taxation by virtue of subsection (a) or by virtue of its being a charitable and nonprofit corporation; and (2) agree to contribute with respect to property transferred to it and the income derived from the property if the agreement is a condition of the transfer. (c)  Transfers Deemed To Be to or for the Use of United States Contributions, gifts, and other transfers made to or for the use of the Foundation shall be deemed to be contributions, gifts, or transfers to or for the use of the United States. ( Pub. L. 113287,  3 Dec. 19, 2014 128 Stat. 3122        Historical and Revision Notes  Revised Section Source (U.S. Code) Source (Statutes at Large)  101118 16 U.S.C. 19 l Pub. L. 90209,  8 Dec. 18, 1967 81 Stat. 657 In subsection (b), the words in the discretion of its directors are omitted as unnecessary.  101119. Liability of United States  The United States shall not be liable for any debts, defaults, acts, or omissions of the National Park Foundation. ( Pub. L. 113287,  3 Dec. 19, 2014 128 Stat. 3122        Historical and Revision Notes  Revised Section Source (U.S. Code) Source (Statutes at Large)  101119 16 U.S.C. 19m Pub. L. 90209,  9 Dec. 18, 1967 81 Stat. 657  101120. Promotion of local fundraising support (a)  Program The National Park Foundation shall design and implement a comprehensive program to assist and promote philanthropic programs of support at the individual System unit level. (b)  Implementation The program under subsection (a) shall be implemented to (1) assist in the creation of local nonprofit support organizations; and (2) provide support, national consistency, and management-improving suggestions for local nonprofit support organizations. (c)  Program The program under subsection (a) (1) shall include the greatest number of System units as is practicable; and (2) at a minimum shall include (A) a standard adaptable organizational design format to establish and sustain responsible management of a local nonprofit support organization for support of a System unit; (B) standard and legally tenable bylaws and recommended money-handling procedures that can easily be adapted as applied to individual System units; and (C) a standard training curriculum to orient and expand the operating expertise of personnel employed by local nonprofit support organizations. (d)  Annual Report The National Park Foundation shall report the progress of the program under subsection (a) in the annual report of the Foundation. (e)  Affiliations. (1)  Charter or corporate bylaws Nothing in this section requires (A) a nonprofit support organization or friends group to modify current practices or to affiliate with the National Park Foundation; or (B) a local nonprofit support organization, established as a result of this section, to be bound through its charter or corporate bylaws to be permanently affiliated with the National Park Foundation. (2)  Establishment An affiliation with the National Park Foundation shall be established only at the discretion of the governing board of a nonprofit organization. ( Pub. L. 113287,  3 Dec. 19, 2014 128 Stat. 3122        Historical and Revision Notes  Revised Section Source (U.S. Code) Source (Statutes at Large)  101120 16 U.S.C. 19 o Pub. L. 90209,  11 Pub. L. 105391, title VII,  701 Nov. 13, 1998 112 Stat. 3520  101121. Second Century Endowment for the National Park Service (a)  Second Century Endowment To further the mission of the Service, the National Park Foundation shall establish a special account to be known as the Second Century Endowment for the National Park Service. (1)  Funds for the endowment The following shall apply to the Endowment: (A) From amounts received by the United States each fiscal year from sales by the National Park Service of Federal Recreational Lands Passes under section 805(b)(1) of the Federal Lands Recreational Enhancement Act, 1 1 (B) In addition to deposits otherwise authorized, the Endowment shall consist of any gifts, devises, or bequests that are provided to the National Park Foundation for such purpose. (C) The National Park Foundation shall deposit any funds received for the Endowment in a federally insured interest-bearing account or may invest funds in appropriate security obligations, as directed by the Board of Directors. (D) Any accrued interest or dividends earned on funds received for the Endowment shall be added to the principal and form a part of the Endowment. (2)  Use of funds. (A) Except as provided in subparagraph (B), funds in the Endowment shall be available to the National Park Foundation as offsetting collections for projects and activities approved by the Secretary that further the mission and purposes of the Service. (B) Gifts, devises, or bequests in the endowment under paragraph (1)(A), and any accrued interest or dividends earned thereon, shall be available to the National Park Foundation for projects and activities approved by the Secretary that further the mission and purposes of the Service. (C) In administering the Endowment each fiscal year, the National Park Foundation shall be guided by the District of Columbia Uniform Prudent Management of Institutional Funds Act of 2007 (D.C. Code  441631 et seq.), including section 441633 on expenditures. (D) No Federal funds received for the Endowment may be used by the National Park Foundation for administrative expenses of the Foundation, including for salaries, travel and transportation expenses, and other overhead expenses. (b)  Summary Beginning 2 years after the date of the enactment of this section, the National Park Foundation shall include with its annual report a summary of the status of the Endowment. The summary shall include (1) a statement of the amounts deposited in the Endowment during the fiscal year; (2) the amount of the balance remaining in the Endowment at the end of the fiscal year; and (3) a description of the sums and purposes of the expenditures made from the Endowment for the fiscal year. (Added Pub. L. 114289, title II,  202(a) Dec. 16, 2016 130 Stat. 1485  Editorial Notes  References in Text Section 805(b)(1) of the Federal Lands Recreational Enhancement Act, referred to in subsec. (a)(1)(A), probably means section 805(b)(1) of the Federal Lands Recreation Enhancement Act, which is section 805(b)(1) of Pub. L. 108447 Dec. 8, 2004 118 Stat. 3385 section 6804(b)(1) of Title 16 The District of Columbia Uniform Prudent Management of Institutional Funds Act of 2007, referred to in subsec. (a)(2)(C), is the Act of Jan. 23, 2008 The date of the enactment of this section, referred to in subsec. (b), is the date of enactment of Pub. L. 114289 Dec. 16, 2016  101122. Authorization of appropriations; use of funds (a)  Authorization of Appropriations There are authorized to be appropriated to carry out this subchapter $15,000,000 for each of fiscal years 2017 through 2030. (b)  Use of Funds Funds made available under subsection (a) (1) may be advanced each fiscal year to the National Park Foundation in a lump sum without regard to when expenses are incurred; (2) shall be provided to the National Park Foundation for use to match contributions (whether in currency, services, or property) made to the Foundation; (3) may not be used by the National Park Foundation for administrative expenses of the Foundation, including for salaries, travel and transportation expenses, and other overhead expenses; and (4) may not be deposited by the National Park Foundation into any fund that will be invested or earn interest in any way. (Added Pub. L. 114289, title IV,  402(a) Dec. 16, 2016 130 Stat. 1488 Pub. L. 117328, div. DD, title VI,  646 Dec. 29, 2022 136 Stat. 5616  Editorial Notes Amendments 2022Subsec. (a). Pub. L. 117328 CHAPTER 1013 EMPLOYEES    SUBCHAPTER IGENERAL PROVISIONS  Sec.  101301. Maintenance management system.  101302. Authority of Secretary to carry out certain activities.  101303. Medical attention for employees.  101304. Personal equipment and property.  101305. Travel expenses of System employees and dependents of deceased employees.  SUBCHAPTER IISERVICE CAREER DEVELOPMENT, TRAINING, AND MANAGEMENT  101321. Service employee training.  101322. Management development and training.  SUBCHAPTER IIIHOUSING IMPROVEMENT  101331. Definitions.  101332. General authority of Secretary.  101333. Criteria for providing housing.  101334. Authorization for housing agreements.  101335. Housing programs.  101336. Contracts for the management of field employee quarters.  101337. Leasing of seasonal employee quarters.  101338. General leasing provisions.  101339. Assessment and priority listing.  101340. Use of funds. SUBCHAPTER I GENERAL PROVISIONS  101301. Maintenance management system The Service shall implement a maintenance management system in the maintenance and operations programs of the System. The system shall include the following elements: (1) A workload inventory of assets including detailed information that quantifies for all assets (including buildings, roads, utility systems, and grounds that must be maintained) the characteristics affecting the type of maintenance work performed. (2) A set of maintenance tasks that describe the maintenance work in each System unit. (3) A description of work standards including (A) frequency of maintenance; (B) measurable quality standard to which assets should be maintained; (C) methods for accomplishing work; (D) required labor, equipment, and material resources; and (E) expected worker production for each maintenance task. (4) A work program and performance budget that develops an annual work plan identifying maintenance needs and financial resources to be devoted to each maintenance task. (5) A work schedule that identifies and prioritizes tasks to be done in a specific time period and specifies required labor resources. (6) Work orders specifying job authorizations and a record of work accomplished that can be used to record actual labor and material costs. (7) Reports and special analyses that compare planned versus actual accomplishments and costs and that can be used to evaluate maintenance operations. ( Pub. L. 113287,  3 Dec. 19, 2014 128 Stat. 3123        Historical and Revision Notes  Revised Section Source (U.S. Code) Source (Statutes at Large)  101301 16 U.S.C. 1a8(a) Pub. L. 98540,  4(a) Oct. 24, 1984 98 Stat. 2719 Pub. L. 103437,  6(d)(1) Nov. 2, 1994 108 Stat. 4583  101302. Authority of Secretary to carry out certain activities (a)  In General To facilitate the administration of the System, the Secretary, under such terms and conditions as the Secretary may consider advisable, may carry out the activities described in this section. (b)  Transportation The Secretary may provide transportation of employees located at an isolated area of the System and to members of their families, if (1) the area is not adequately served by commercial transportation; and (2) the transportation is incidental to official transportation services. (c)  Recreation Facilities, Equipment, and Services The Secretary may provide recreation facilities, equipment, and services for use by employees and their families located at an isolated area of the System. (d)  Field and Special Purpose Equipment The Secretary may purchase field and special purpose equipment required by employees for the performance of assigned functions. The purchased equipment shall be regarded and listed as System equipment. (e)  Meals and Lodging The Secretary may provide meals and lodging, as the Secretary considers appropriate, for members of the United States Park Police and other employees of the Service, as the Secretary may designate, serving temporarily on extended special duty in System units. For this purpose the Secretary may use funds appropriated for the expenses of the Department of the Interior. ( Pub. L. 113287,  3 Dec. 19, 2014 128 Stat. 3124        Historical and Revision Notes  Revised Section Source (U.S. Code) Source (Statutes at Large)  101302(a) 16 U.S.C. 1a2 Pub. L. 91383,  3 Aug. 18, 1970 84 Stat. 826 101302(b) 16 U.S.C. 1a2(a) Pub. L. 91383,  3(a) Aug. 18, 1970 84 Stat. 826 Pub. L. 106176, title I,  118(2) Mar. 10, 2000 114 Stat. 28 101302(c) 16 U.S.C. 1a2(b) 101302(d) 16 U.S.C. 1a2(d) 101302(e) 16 U.S.C. 1a2(i) Pub. L. 91383,  3(i) Pub. L. 94458,  1(2) Oct. 7, 1976 90 Stat. 1939 Pub. L. 106176, title I,  118(2) Mar. 10, 2000 114 Stat. 28  101303. Medical attention for employees (a)  In General In the administration of the Service, the Secretary may contract for medical attention and service for employees and to make necessary payroll deductions agreed to by the employees for that medical attention and service. (b)  Employees Located at Isolated Situations The Secretary may provide, out of amounts appropriated for the general expense of the System units, medical attention for employees of the Service located at isolated situations, including (1) moving the employees to hospitals or other places where medical assistance is available; and (2) in case of death, to remove the bodies of deceased employees to the nearest place where they can be prepared for shipment or for burial. ( Pub. L. 113287,  3 Dec. 19, 2014 128 Stat. 3124        Historical and Revision Notes  Revised Section Source (U.S. Code) Source (Statutes at Large)  101303(a) 16 U.S.C. 11 May 10, 1926, ch. 277,  1 NATIONAL PARKS 44 Stat. 491 101303(b) 16 U.S.C. 13 July 3, 1926, ch. 792,  2 44 Stat. 900  101304. Personal equipment and property (a)  Purchase of Personal Equipment and Supplies The Secretary may purchase personal equipment and supplies for employees of the Service and make deductions for the equipment and supplies from amounts appropriated for salary payments or otherwise due the employees. (b)  Lost, Damaged, or Destroyed Property The Secretary, in the administration of the Service, may reimburse employees and other owners of horses, vehicles, and other equipment lost, damaged, or destroyed while in the custody of the employee or the Department of the Interior, under authorization, contract, or loan, for necessary firefighting, trail, or other official business. Reimbursement shall be made from any available funds in the appropriation to which the hire of the equipment would be properly chargeable. (c)  Equipment Required To Be Furnished by Field Employees The Secretary may (1) require field employees of the Service to furnish horses, motor and other vehicles, and miscellaneous equipment necessary for the performance of their official work; and (2) provide, at Federal Government expense, forage, care, and housing for animals, and housing or storage and fuel for vehicles and other equipment required to be furnished. (d)  Hire, Rental, and Purchase of Property The Secretary, under regulations the Secretary may prescribe, may authorize the hire, rental, or purchase of property from employees of the Service whenever it would promote the public interest to do so. ( Pub. L. 113287,  3 Dec. 19, 2014 128 Stat. 3124        Historical and Revision Notes  Revised Section Source (U.S. Code) Source (Statutes at Large)  101304(a) 16 U.S.C. 17 May 26, 1930, ch. 324 46 Stat. 381 101304(b) 16 U.S.C. 17f 101304(c) 16 U.S.C. 17g 101304(d) 16 U.S.C. 17h  101305. Travel expenses of System employees and dependents of deceased employees In the administration of the System, the Secretary may, under regulations the Secretary may prescribe, pay the travel expenses (including the costs of packing, crating, and transporting (including draying) personal property) of (1) employees, on permanent change of station of the employees; and (2) dependents of deceased employees (A) to the nearest housing reasonably available that is of a standard not less than that which is vacated, including compensation for not to exceed 60 days rental cost, in the case of an employee who occupied Federal Government housing and whose death requires the housing to be promptly vacated; and (B) to the nearest port of entry in the conterminous 48 States in the case of an employee whose last permanent station was outside the conterminous 48 States. ( Pub. L. 113287,  3 Dec. 19, 2014 128 Stat. 3125        Historical and Revision Notes  Revised Section Source (U.S. Code) Source (Statutes at Large)  101305 16 U.S.C. 17j May 26, 1930, ch. 324,  11 46 Stat. 383 Pub. L. 91383,  5 Pub. L. 94458,  2 Oct. 7, 1976 90 Stat. 1939 SUBCHAPTER II SERVICE CAREER DEVELOPMENT, TRAINING, AND MANAGEMENT  101321. Service employee training  The Secretary shall develop a comprehensive training program for employees in all professional careers in the workforce of the Service for the purpose of ensuring that the workforce has available the best up-to-date knowledge, skills, and abilities with which to manage, interpret, and protect the resources of the System. ( Pub. L. 113287,  3 Dec. 19, 2014 128 Stat. 3125        Historical and Revision Notes  Revised Section Source (U.S. Code) Source (Statutes at Large)  101321 16 U.S.C. 5912 Pub. L. 105391, title I,  102 Nov. 13, 1998 112 Stat. 3498  101322. Management development and training  The Secretary shall maintain a clear plan for management training and development under which career professional Service employees from any appropriate academic field may obtain sufficient training, experience, and advancement opportunity to enable those qualified to move into System unit management positions, including the position of superintendent of a System unit. ( Pub. L. 113287,  3 Dec. 19, 2014 128 Stat. 3126        Historical and Revision Notes  Revised Section Source (U.S. Code) Source (Statutes at Large)  101322 16 U.S.C. 5913 Pub. L. 105391, title I,  103 Nov. 13, 1998 112 Stat. 3498 The word maintain is substituted for Within 2 years after November 13, 1998 SUBCHAPTER III HOUSING IMPROVEMENT  101331. Definitions In this subchapter: (1)  Field employee The term field employee means (A) an employee of the Service who is exclusively assigned by the Service to perform duties at a field unit, and the members of the employees family; and (B) any other individual who is authorized to occupy Federal Government quarters under section 5911 of title 5 (2)  Primary resource values The term primary resource values means resources that are specifically mentioned in the enabling legislation for that field unit or other resource value recognized under Federal statute. (3)  Quarters The term quarters means quarters owned or leased by the Federal Government. (4)  Seasonal quarters The term seasonal quarters means quarters typically occupied by field employees who are hired on assignments of 6 months or less. ( Pub. L. 113287,  3 Dec. 19, 2014 128 Stat. 3126        Historical and Revision Notes  Revised Section Source (U.S. Code) Source (Statutes at Large)  101331 16 U.S.C. 17 o Pub. L. 104333, div. I, title VIII,  814(a)(19) Nov. 12, 1996 110 Stat. 4194 The text of 16 U.S.C. 17 o  101332. General authority of Secretary (a)  Rental Housing To enhance the ability of the Secretary, acting through the Director, to effectively manage System units, the Secretary may where necessary and justified (1) make available employee housing, on or off land under the administrative jurisdiction of the Service; and (2) rent that housing to field employees at rates based on the reasonable value of the housing in accordance with requirements applicable under section 5911 of title 5 (b)  Joint Development Authority The Secretary may use authorities granted by statute in combination with one another in the furtherance of providing where necessary and justified affordable field employee housing. (c)  Construction Limitations on Federal Land The Secretary may not utilize any land for the purposes of providing field employee housing under this subchapter that will affect a primary resource value of the area or adversely affect the mission of the Service. (d)  Rental Rates To the extent practicable, the Secretary shall establish rental rates for all quarters occupied by field employees of the Service that are based on the reasonable value of the quarters in accordance with requirements applicable under section 5911 of title 5 ( Pub. L. 113287,  3 Dec. 19, 2014 128 Stat. 3126        Historical and Revision Notes  Revised Section Source (U.S. Code) Source (Statutes at Large)  101332(a) 16 U.S.C. 17 o Pub. L. 104333, div. I, title VIII,  814(a)(2) Nov. 12, 1996 110 Stat. 4190 101332(b) 16 U.S.C. 17 o Pub. L. 104333, div. I, title VIII,  814(a)(9) Nov. 12, 1996 110 Stat. 4191 Pub. L. 106176, title I,  120(a)(1)(C) Mar. 10, 2000 114 Stat. 28 101332(c) 16 U.S.C. 17 o 101332(d) 16 U.S.C. 17 o In subsection (a)(2), the words or lease are omitted to distinguish between leasing property and renting employee housing.  101333. Criteria for providing housing  The Secretary shall maintain criteria under which housing is provided to employees of the Service. The Secretary shall examine the criteria with respect to the circumstances under which the Service requires an employee to occupy Federal Government quarters, so as to provide necessary services or protect Federal Government property or because of a lack of availability of non-Federal housing in a geographic area. ( Pub. L. 113287,  3 Dec. 19, 2014 128 Stat. 3127        Historical and Revision Notes  Revised Section Source (U.S. Code) Source (Statutes at Large)  101333 16 U.S.C. 17 o Pub. L. 104333, div. I, title VIII,  814(a)(3) Nov. 12, 1996 110 Stat. 4190 The words The Secretary shall maintain are substituted for On November 12, 1996  101334. Authorization for housing agreements  The Secretary may, pursuant to the authorities contained in this subchapter and subject to the appropriation of necessary funds in advance, enter into housing agreements with housing entities under which the housing entities may develop, construct, rehabilitate, or manage housing, located on or off public land, for rent to Service employees who meet the housing eligibility criteria developed by the Secretary pursuant to this subchapter. ( Pub. L. 113287,  3 Dec. 19, 2014 128 Stat. 3127        Historical and Revision Notes  Revised Section Source (U.S. Code) Source (Statutes at Large)  101334 16 U.S.C. 17 o Pub. L. 104333, div. I, title VIII,  814(a)(6) Nov. 12, 1996 110 Stat. 4191 Pub. L. 106176, title I,  120(a)(1)(A) Mar. 10, 2000 114 Stat. 28 The words For those units of the National Park System for which the review required by paragraphs (3) and (5) has been completed are omitted as obsolete. The words or lease are omitted to distinguish between leasing property and renting employee housing.  101335. Housing programs (a)  Joint Public-Private Sector Housing Program. (1)  Lease-to-build program Subject to the appropriation of necessary funds in advance, the Secretary may lease (A) Federal land and interests in land to qualified persons for the construction of field employee quarters for any period not to exceed 50 years; and (B) developed and undeveloped non-Federal land for providing field employee quarters. (2)  Competitive leasing Each lease under paragraph (1)(A) shall be awarded through the use of publicly advertised, competitively bid, or competitively negotiated contracting procedures. (3)  Terms and conditions Each lease under paragraph (1)(A) (A) shall stipulate whether operation and maintenance of field employee quarters is to be provided by the lessee, field employees, or the Federal Government; (B) shall require that the construction and rehabilitation of field employee quarters be done in accordance with the requirements of the Service and local applicable building codes and industry standards; (C) shall contain additional terms and conditions as may be appropriate to protect the Federal interest, including limits on rents that the lessee may charge field employees for the occupancy of quarters, conditions on maintenance and repairs, and agreements on the provision of charges for utilities and other infrastructure; and (D) may be granted at less than fair market value if the Secretary determines that the lease will improve the quality and availability of field employee quarters. (4)  Contributions by federal government The Secretary may make payments, subject to appropriations, or contributions in kind, in advance or on a continuing basis, to reduce the costs of planning, construction, or rehabilitation of quarters on or off Federal land under a lease under this subsection. (b)  Rental Guarantee Program. (1)  General authority Subject to the appropriation of necessary funds in advance, the Secretary may enter into a lease-to-build arrangement as set forth in subsection (a) with further agreement to guarantee the occupancy of field employee quarters constructed or rehabilitated under the lease. A guarantee made under this paragraph shall be in writing. (2)  Limitations on guarantees. (A)  Specific guarantees The Secretary may not guarantee (i) the occupancy of more than 75 percent of the units constructed or rehabilitated under the lease; and (ii) at a rental rate that exceeds the rate based on the reasonable value of the housing in accordance with requirements applicable under section 5911 of title 5 (B)  Total of outstanding guarantees Outstanding guarantees shall not be in excess of $3,000,000. (3)  Agreement to rent to federal government employees A guarantee may be made under this subsection only if the lessee agrees to permit the Secretary to utilize for housing purposes any units for which the guarantee is made. (4)  Operation and maintenance A lease shall be void if the lessee fails to maintain a satisfactory level of operation and maintenance. ( Pub. L. 113287,  3 Dec. 19, 2014 128 Stat. 3127        Historical and Revision Notes  Revised Section Source (U.S. Code) Source (Statutes at Large)  101335(a) 16 U.S.C. 17 o Pub. L. 104333, div. I, title VIII,  814(a)(7) Nov. 12, 1996 110 Stat. 4190 Pub. L. 106176, title I,  120(a)(1)(B) Mar. 10, 2000 114 Stat. 28 101335(b) 16 U.S.C. 17 o Pub. L. 104333, div. I, title VIII,  814(a)(8) Nov. 12, 1996 110 Stat. 4192  101336. Contracts for the management of field employee quarters  Subject to the appropriation of necessary funds in advance, the Secretary may enter into contracts of any duration for the management, repair, and maintenance of field employee quarters. The contract shall contain terms and conditions that the Secretary considers necessary or appropriate to protect the interests of the United States and ensure that necessary quarters are available to field employees. ( Pub. L. 113287,  3 Dec. 19, 2014 128 Stat. 3128        Historical and Revision Notes  Revised Section Source (U.S. Code) Source (Statutes at Large)  101336 16 U.S.C. 17 o Pub. L. 104333, div. I, title VIII,  814(a)(10) Nov. 12, 1996 110 Stat. 4192  101337. Leasing of seasonal employee quarters (a)  General Authority The Secretary may lease quarters at or near a System unit for use as seasonal quarters for field employees if the Secretary finds that there is a shortage of adequate and affordable seasonal quarters at or near the System unit and that (1) the requirement for the seasonal field employee quarters is temporary; or (2) leasing would be more cost-effective than construction of new seasonal field employee quarters. (b)  Rent The rent charged to field employees under the lease shall be a rate based on the reasonable value of the quarters in accordance with requirements applicable under section 5911 of title 5 (c)  Unrecovered Costs The Secretary may pay the unrecovered costs of leasing seasonal quarters under this section from annual appropriations for the year in which the lease is made. ( Pub. L. 113287,  3 Dec. 19, 2014 128 Stat. 3128        Historical and Revision Notes  Revised Section Source (U.S. Code) Source (Statutes at Large)  101337 16 U.S.C. 17 o Pub. L. 104333, div. I, title VIII,  814(a)(11) Nov. 12, 1996 110 Stat. 4192 Pub. L. 106176, title I,  120(a)(1)(D) Mar. 10, 2000 114 Stat. 28  101338. General leasing provisions (a)  Exemption From Leasing Requirements Section 102901 of this title section 1302 of title 40 (b)  Proceeds From Leases The proceeds from any lease under section 101335(a)(1) of this title section 101337 of this title ( Pub. L. 113287,  3 Dec. 19, 2014 128 Stat. 3128        Historical and Revision Notes  Revised Section Source (U.S. Code) Source (Statutes at Large)  101338(a) 16 U.S.C. 17 o Pub. L. 104333, div. I, title VIII,  814(a)(17)(C) Nov. 12, 1996 110 Stat. 4194 101338(b) 16 U.S.C. 17 o Pub. L. 104333, div. I, title VIII,  814(a)(18) Nov. 12, 1996 110 Stat. 4191 Pub. L. 106176, title I,  120(a)(1)(F) Mar. 10, 2000 114 Stat. 28  101339. Assessment and priority listing The Secretary shall (1) complete a condition assessment for all field employee housing, including the physical condition of the housing and the necessity and suitability of the housing for carrying out the mission of the Service, using existing information; and (2) develop a Service-wide priority listing, by structure, identifying the units in greatest need for repair, rehabilitation, replacement, or initial construction. ( Pub. L. 113287,  3 Dec. 19, 2014 128 Stat. 3129        Historical and Revision Notes  Revised Section Source (U.S. Code) Source (Statutes at Large)  101339 16 U.S.C. 17 o Pub. L. 104333, div. I, title VIII,  814(a)(12) Nov. 12, 1996 110 Stat. 4193 In paragraph (1), the words mission of the Service are substituted for agency mission because the provision applies only to the Service. In paragraph (2), the word Service-wide is substituted for agency-wide because the provision applies only to the Service.  101340. Use of funds (a)  Expenditure Shall Follow Priority Listing Expenditure of any funds authorized and appropriated for new construction, repair, or rehabilitation of housing under this chapter shall follow the housing priority listing established by the Secretary under section 101339 of this title (b)  Nonconstruction Funds in Annual Budget Submittal Each fiscal year the Presidents proposed budget to Congress shall include identification of nonconstruction funds to be spent for Service housing maintenance and operations that are in addition to rental receipts collected. ( Pub. L. 113287,  3 Dec. 19, 2014 128 Stat. 3129        Historical and Revision Notes  Revised Section Source (U.S. Code) Source (Statutes at Large)  101340(a) 16 U.S.C. 17 o Pub. L. 104333, div. I, title VIII,  814(a)(13) Nov. 12, 1996 110 Stat. 4193 Pub. L. 106176, title I,  120(a)(1)(E) Mar. 10, 2000 114 Stat. 28 101340(b) 16 U.S.C. 17 o Pub. L. 104333, div. I, title VIII,  814(a)(14) Nov. 12, 1996 110 Stat. 4193 In subsection (a), the word Secretary is substituted for agency to correct an error in the source provision because the provision only applies to the Service and the Secretary develops the priority listing. In subsection (b), the words for the first fiscal year after November 12, 1996 CHAPTER 1015 TRANSPORTATION    SUBCHAPTER IAIRPORTS  Sec.  101501. Airports in or near System units.  SUBCHAPTER IIROADS AND TRAILS  101511. Authority of Secretary.  101512. Conveyance to States of roads leading to certain historical areas.  SUBCHAPTER IIIPUBLIC TRANSPORTATION PROGRAMS FOR SYSTEM UNITS  101521. Transportation service and facility programs.  101522. Transportation projects.  101523. Procedures applicable to transportation plans and projects.  101524. Special rule for service contract to provide transportation services.  SUBCHAPTER IVFEES  101531. Fee for use of transportation services. SUBCHAPTER I AIRPORTS  101501. Airports in or near System units (a)  Definitions In this section, the terms airport, project, project costs, public agency, and sponsor have the meanings given the terms in section 47102 of title 49 (b)  Acquisition, Operation, and Maintenance of Airports. (1)  Authorization The Secretary may plan, acquire, establish, construct, enlarge, improve, maintain, equip, operate, regulate, and protect airports in the continental United States in, or in close proximity to, System units, when the Secretary determines that the airports are necessary to the proper performance of the functions of the Department of the Interior. (2)  Inclusion in national plan The Secretary shall not acquire, establish, or construct an airport under this section unless the airport is included in the national plan of integrated airport systems formulated by the Secretary of Transportation pursuant to section 47103 of title 49 (3)  Operation and maintenance must accord with standards and regulations of secretary of transportation The operation and maintenance of airports under this section shall be in accordance with the standards and regulations prescribed by the Secretary of Transportation. (c)  Authority of Secretary. (1)  In general To carry out this section, the Secretary may (A) acquire necessary land and interests in or over land; (B) contract for the construction, improvement, operation, and maintenance of airports and incidental facilities; (C) enter into agreements with other public agencies providing for the construction, operation, or maintenance of airports by those agencies or jointly by the Secretary and those agencies on mutually satisfactory terms; and (D) enter into other agreements and take other action with respect to the airports as may be necessary to carry out this section. (2)  Consent required This section does not authorize the Secretary to acquire any land, or interest in or over land, by purchase, condemnation, grant, or lease, without first obtaining the consent of the Governor of the State, and the consent of the chief executive official of the State political subdivision, in which the land is located. (d)  Authorization To Sponsor Airport Projects To carry out this section, the Secretary may (1) sponsor projects under subchapter I of chapter 471 of title 49 independently or jointly with other public agencies; and (2) use, for payment of the sponsors share of the project costs of those projects, any funds that may be (A) contributed or otherwise made available to the Secretary for those purposes; or (B) appropriated or otherwise specifically authorized for that purpose. (e)  Jurisdiction Over Airports All airports under the jurisdiction of the Secretary, unless otherwise specifically provided by law, shall be operated as public airports, available for public use on fair and reasonable terms and without unjust discrimination. ( Pub. L. 113287,  3 Dec. 19, 2014 128 Stat. 3129        Historical and Revision Notes  Revised Section Source (U.S. Code) Source (Statutes at Large)  101501(a) 16 U.S.C. 7e Mar. 18, 1950, ch. 72 64 Stat. 27 Pub. L. 85726, title XIV,  1402(e) Aug. 23, 1958 72 Stat. 807 Pub. L. 89763 Nov. 5, 1966 80 Stat. 1313 Pub. L. 91258, title I,  52(b)(1) May 21, 1970 84 Stat. 235 101501(b) 16 U.S.C. 7a 101501(c) 16 U.S.C. 7b 101501(d) 16 U.S.C. 7c 101501(e) 16 U.S.C. 7d In subsections (a) and (d)(1), the words subchapter I of chapter 471 of title 49 are substituted for the Federal Airport Act. The Federal Airport Act was repealed by section 52(a) of the Airport and Airway Development Act of 1970 ( Public Law 91258 84 Stat. 235 Public Law 97248 96 Stat. 695 section 1(e) of the Act of July 5, 1994 Public Law 103272 108 Stat. 1245 In subsection (b)(2), the words  section 47103 of title 49 Public Law 91258 84 Stat. 235 Public Law 97248 96 Stat. 675 section 47103 of title 49 section 1(e) of the Act of July 5, 1994 Public Law 103272 108 Stat. 1251 In subsection (c), the text of 16 U.S.C. 7b In subsection (c)(2), the words chief executive official of the are added for clarity and for consistency in the new title. In subsection (d)(2)(A), the words (receipt of which funds and their use for such purposes is authorized) are omitted as unnecessary. SUBCHAPTER II ROADS AND TRAILS  101511. Authority of Secretary (a)  Roads and Trails in System Units The Secretary may construct, reconstruct, and improve roads and trails, including bridges, in System units. (b)  Approach Roads. (1)  In general. (A)  Designation When the Secretary determines it to be in the public interest, the Secretary may designate, as System unit approach roads, roads whose primary value is to carry System unit travel and that lead across land at least 90 percent owned by the Federal Government and that will connect the highways within a System unit with a convenient point on or leading to the National Highway System. (B)  Limit on length of approach roads. (i)  In general A designated approach road shall not exceed (I) 60 miles in length between a System unit gateway and a point on or leading to the nearest convenient National Highway System road; or (II) 30 miles in length if the approach road is on the National Highway System. (ii)  County limit Not to exceed 40 miles of any one approach road shall be designated in any one county. (C)  Supplementary part of system unit highway system An approach road designated for a System unit shall be treated as a supplementary part of the highway system of the System unit. (2)  Construction, reconstruction, and improvement. (A)  In general The Secretary may construct, reconstruct, and improve approach roads designated under paragraph (1) (including bridges) and enter into agreements for the maintenance of the approach roads by State or county authorities or to maintain the approach roads when otherwise necessary. (B)  Annual allocation Not more than $1,500,000 shall be allocated annually for the construction, reconstruction, and improvement of System unit approach roads. (3)  Approval of secretary of agriculture required When an approach road is proposed under this section across or within any national forest, the Secretary shall secure the approval of the Secretary of Agriculture before construction begins. (c)  Agreement With Secretary of Transportation Under agreement with the Secretary, the Secretary of Transportation may carry out any provision of this section. ( Pub. L. 113287,  3 Dec. 19, 2014 128 Stat. 3130        Historical and Revision Notes  Revised Section Source (U.S. Code) Source (Statutes at Large)  101511(a) 16 U.S.C. 8 Apr. 9, 1924, ch. 86,  1 43 Stat. 90  16 U.S.C. 8b Apr. 9, 1924, ch. 86,  5 Jan. 31, 1931, ch. 79 46 Stat. 1053 101511(b)(1) 16 U.S.C. 8a Apr. 9, 1924, ch. 86 Jan. 31, 1931, ch. 79 46 Stat. 1053 101511(b) (2)(A) 16 U.S.C. 8b 101511(b) (2)(B) 16 U.S.C. 8b 101511(b)(3) 16 U.S.C. 8c 101511(c) 16 U.S.C. 8b In subsection (a), the text of 16 U.S.C. 8b 16 U.S.C. 8 In subsection (b)(1)(A), the words at least 90 percent are substituted for wholly or to the extent of 90 per centum to eliminate unnecessary words. The words National Highway System are substituted for Federal 7 per centum highway system to reflect the current name of the system. See 23:101(a)(16). In subsection (b)(2)(A), the words during the fiscal years 1950 and 1951 and the text of 16 U.S.C. 8b In subsection (c), the words Secretary of Transportation are substituted for Secretary of Commerce because the functions of the Secretary of Agriculture relating to Public Roads Administration were transferred to the Federal Works Administrator by Reorganization Plan No. 1 of 1939 (5 App. U.S.C.) and subsequently to the Administrator of General Services by section 103 of the Federal Property and Administrative Services Act of 1949 (ch. 288, 63 Stat. 380 section 2(b) of Public Law 97449 96 Stat. 2439  101512. Conveyance to States of roads leading to certain historical areas (a)  Definition In this section, the term State means a State, Puerto Rico, Guam, and the Virgin Islands. (b)  Authority of Secretary The Secretary may, subject to conditions as seem proper to the Secretary, convey by proper quitclaim deed to any State, county, municipality, or agency of a State, county, or municipality in which the road is located, all right, title, and interest of the United States in and to any Federal Government owned or controlled road leading to any national cemetery, national military park, national historical park, national battlefield park, or national historic site administered by the Service. (c)  Notification by State, Agency, or Municipality Prior to the delivery of any conveyance of a road under this section, the State, county, or municipality to which the conveyance is to be made shall notify the Secretary in writing of its willingness to accept and maintain the road. (d)  Transfer of Jurisdiction On the execution and delivery of the conveyance of a road under this section, any jurisdiction previously ceded to the United States by a State over the road is retroceded and shall vest in the State in which the road is located. ( Pub. L. 113287,  3 Dec. 19, 2014 128 Stat. 3131        Historical and Revision Notes  Revised Section Source (U.S. Code) Source (Statutes at Large)  101512(a) 16 U.S.C. 8f June 3, 1948, ch. 401,  2 62 Stat. 334 Aug. 1, 1956, ch. 852,  5 70 Stat. 908 101512(b) through (d) 16 U.S.C. 8e June 3, 1948, ch. 401,  1 62 Stat. 334 In subsection (a), the words Hawaii, Alaska are omitted as obsolete. In subsection (d), the words is retroceded are substituted for shall thereby cease and determine for clarity. The word thereafter is omitted as unnecessary. SUBCHAPTER III PUBLIC TRANSPORTATION PROGRAMS FOR SYSTEM UNITS  101521. Transportation service and facility programs (a)  Formulation of Plans and Implementation of Projects The Secretary may formulate transportation plans and implement transportation projects where feasible pursuant to those plans for System units. (b)  Contracts, Operations, and Acquisitions for Improvement of Access to System Units. (1)  Authority of secretary To carry out subsection (a), the Secretary may (A) contract with public or private agencies or carriers to provide transportation services, capital equipment, or facilities to improve access to System units; (B) operate those services directly in the absence of suitable and adequate agencies or carriers; (C) acquire, by purchase, lease, or agreement, capital equipment for those services; and (D) where necessary to carry out this subchapter, acquire, by lease, purchase, donation, exchange, or transfer, land, water, or an interest in land or water that is situated outside the boundary of a System unit. (2)  Specific provisions related to property acquisition. (A)  Administration The acquired property shall be administered as part of the System unit. (B)  Acquistion 1 1 Acquisition  of land or interests in land owned by state or political subdivision Any land or interests in land owned by a State or any of its political subdivisions may be acquired only by donation. (C)  Acquisition subject to statutory limitations Any land acquisition shall be subject to any statutory limitations on methods of acquisition and appropriations as may be specifically applicable to the area. (c)  Establishment of Information Programs The Secretary shall establish information programs to inform the public of available System unit access opportunities and to promote the use of transportation modes other than personal motor vehicles for access to and travel within the System units. (d)  Undertaking Transportation Facilities and Services Transportation facilities and services provided pursuant to this subchapter may be undertaken by the Secretary directly or by contract without regard to any requirement of Federal, State, or local law respecting determinations of public convenience and necessity or other similar matters. The Secretary or contractor shall consult with the appropriate State or local public service commission or other body having authority to issue certificates of convenience and necessity. A contractor shall be subject to applicable requirements of that body unless the Secretary determines that the requirements would not be consistent with the purposes and provisions of this subchapter. (e)  Construction of Grant of Authority Respecting Operation of Motor Vehicles Excepted From Statutory Coverage No grant of authority in this subchapter shall be deemed to expand the exemption of section 13506(a)(9) of title 49 ( Pub. L. 113287,  3 Dec. 19, 2014 128 Stat. 3132        Historical and Revision Notes  Revised Section Source (U.S. Code) Source (Statutes at Large)  101521 16 U.S.C. 2302 Pub. L. 95344, title III,  302 Aug. 15, 1978 92 Stat. 478 Pub. L. 103437,  6(d)(18) Nov. 2, 1994 108 Stat. 4584 Pub. L. 104333, div. I, title VIII,  814(d)(1)(A) Nov. 12, 1996 110 Stat. 4195 The text of 16 U.S.C. 2302(d) 16 U.S.C. 5981 In subsection (d), the words shall not be considered as concession facilities or services within the meaning of the Act of October 9, 1965 79 Stat. 969 Public Law 105391 112 Stat. 3515 In subsection (e), the words section 13506(a)(9) are substituted for section 10526(a)(9) because of the general amendment of subtitle IV of title 49 by the ICC Termination Act of 1995 ( Public Law 10488 109 Stat. 802 109 Stat. 862 49 U.S.C. 303(b)(4) section 3(b) of the Act of October 17, 1978 Public Law 95473 Statutory Notes and Related Subsidiaries Congressional Statement of Purpose Pub. L. 95344, title III,  301(b) Aug. 15, 1978 92 Stat. 478  101522. Transportation projects (a)  Assistance of Heads of Other Federal Departments and Agencies in Formulation and Implementation To carry out this subchapter, the Secretary of Transportation, the Secretary of Housing and Urban Development, the Secretary of Health and Human Services, the Secretary of Commerce, and the heads of other Federal departments or agencies that the Secretary considers necessary shall assist the Secretary in the formulation and implementation of transportation projects. (b)  Compilation of Statutes and Programs The Secretary shall maintain a compilation of Federal statutes and programs providing authority for the planning, funding, or operation of transportation projects that might be utilized by the Secretary to carry out this subchapter. ( Pub. L. 113287,  3 Dec. 19, 2014 128 Stat. 3133        Historical and Revision Notes  Revised Section Source (U.S. Code) Source (Statutes at Large)  101522 16 U.S.C. 2303 Pub. L. 95344, title III,  303 Aug. 15, 1978 92 Stat. 479 Pub. L. 9688, title V,  509(b) Oct. 17, 1979 93 Stat. 695 Pub. L. 103437,  6(d)(18) Nov. 2, 1994 108 Stat. 4584 Subsection (b) is substituted for 16 U.S.C. 2303(b)  101523. Procedures applicable to transportation plans and projects (a)  During Formulation of Plan The Secretary shall, during the formulation of any transportation plan authorized pursuant to section 101521 of this title (1) give public notice of intention to formulate the plan by publication in the Federal Register and in a newspaper or periodical having general circulation in the vicinity of the affected System unit; and (2) following the notice, hold a public meeting at a location convenient to the affected System unit. (b)  Prior to Implementation of Project Prior to the implementation of any project developed pursuant to the transportation plan formulated pursuant to subsection (a), the Secretary shall (1) establish procedures, including public meetings, to give State and local governments and the public adequate notice and an opportunity to comment on the proposed transportation project; and (2) when the proposed project would involve an expenditure in excess of $100,000 in any fiscal year, submit a detailed report to the Committee on Energy and Natural Resources of the Senate and the Committee on Natural Resources of the House of Representatives. (c)  Waiting Period When a report on a project is required under subsection (b)(2), the Secretary may proceed with the implementation of the project only after 60 days (not counting days on which the Senate or House of Representatives has adjourned for more than 3 consecutive days) have elapsed following submission of the report. ( Pub. L. 113287,  3 Dec. 19, 2014 128 Stat. 3133        Historical and Revision Notes  Revised Section Source (U.S. Code) Source (Statutes at Large)  101523 16 U.S.C. 2304 Pub. L. 95344, title III,  304 Aug. 15, 1978 92 Stat. 479 Pub. L. 103437,  6(d)(18) Nov. 2, 1994 108 Stat. 4584 In subsection (c), the words When a report on a project is required under subsection (b)(2) are added for clarity. The words implementation of the project are substituted for implementation of such plan, and the words submission of the report are substituted for submission of the plan, for consistency.  101524. Special rule for service contract to provide transportation services  Notwithstanding any other provision of law, a service contract entered into by the Secretary for the provision solely of transportation services in a System unit shall be not more than 10 years in length, including a base period of 5 years and annual extensions for up to an additional 5 years based on satisfactory performance and approval by the Secretary. ( Pub. L. 113287,  3 Dec. 19, 2014 128 Stat. 3134        Historical and Revision Notes  Revised Section Source (U.S. Code) Source (Statutes at Large)  101524 16 U.S.C. 5961(a) Pub. L. 105391, title IV,  412(a) Nov. 13, 1998 112 Stat. 3514 Pub. L. 106113, div. B,  1000(a)(3) [title I,  143(1)] Nov. 29, 1999 113 Stat. 1535 SUBCHAPTER IV FEES  101531. Fee for use of transportation services  Notwithstanding any other provision of law, where the Service or an entity under a service contract, cooperative agreement, or other contractual agreement with the Service provides transportation to all or a portion of any System unit, the Secretary may impose a reasonable and appropriate charge to the public for the use of the transportation services in addition to any admission fee required to be paid. Collection of the transportation and admission fees may occur at the transportation staging area or any other reasonably convenient location determined by the Secretary. The Secretary may enter into agreements, with public or private entities that qualify to the Secretarys satisfaction, to collect the transportation and admission fee. Transportation fees collected pursuant to this section shall be retained by the System unit at which the transportation fee was collected, and the amount retained shall be expended only for costs associated with the transportation systems at the System unit where the charge was imposed. ( Pub. L. 113287,  3 Dec. 19, 2014 128 Stat. 3134        Historical and Revision Notes  Revised Section Source (U.S. Code) Source (Statutes at Large)  101531 16 U.S.C. 5981 Pub. L. 105391, title IV,  501 Nov. 13, 1998 112 Stat. 3518 Pub. L. 109131, title I,  102(b) Dec. 20, 2005 119 Stat. 2568 CHAPTER 1017 FINANCIAL AGREEMENTS    Sec.  101701. Challenge cost-share agreement authority.  101702. Cooperative agreements.  101703. Cooperative management agreements.  101704. Reimbursable agreements.  101701. Challenge cost-share agreement authority (a)  Definitions In this section: (1)  Challenge cost-share agreement The term challenge cost-share agreement means any agreement entered into between the Secretary and any cooperator for the purpose of sharing costs or services in carrying out authorized functions and responsibilities of the Secretary with respect to any System unit or System program, any affiliated area, or any designated national scenic trail or national historic trail. (2)  Cooperator The term cooperator means any State or local government, public or private agency, organization, institution, corporation, individual, or other entity. (b)  Authority To Enter Into Challenge Cost-Share Agreements The Secretary may negotiate and enter into challenge cost-share agreements with cooperators. (c)  Source of Federal Share In carrying out challenge cost-share agreements, the Secretary may provide the Federal funding share from any funds available to the Service. ( Pub. L. 113287,  3 Dec. 19, 2014 128 Stat. 3134 Pub. L. 11340,  10(c) Oct. 2, 2013 127 Stat. 546  Amendment Not Shown in Text This section was derived from section 1f of Title 16 Pub. L. 11340,  10(c) Oct. 2, 2013 127 Stat. 546 section 6(b) of Pub. L. 113287 section 100101 of this title section 1f of Title 16 Pub. L. 11340  (4) Available funds . Out of any amounts in the Treasury not otherwise appropriated, $20,000,000 shall be made available to the Secretary of the Interior for fiscal year 2018, and $30,000,000 shall be made available to the Secretary of the Interior for fiscal year 2019, without further appropriation and to remain available until expended, to pay the Federal funding share of challenge cost-share agreements for deferred maintenance projects and to correct deficiencies in National Park Service infrastructure. (5) Cost-share requirement . Not less than 50 percent of the total cost of project for funds made available under paragraph (4) to pay the Federal funding share shall be derived from non-Federal sources, including in-kind contribution of goods and services fairly valued.       Historical and Revision Notes  Revised Section Source (U.S. Code) Source (Statutes at Large)  101701 16 U.S.C. 1f Pub. L. 104333, div. I, title VIII,  814(g) Nov. 12, 1996 110 Stat. 4199  101702. Cooperative agreements (a)  Transfer of Service Appropriated Funds A cooperative agreement entered into by the Secretary that involves the transfer of Service appropriated funds to a State, local, or tribal government or other public entity, an educational institution, or a private nonprofit organization to carry out public purposes of a Service program is a cooperative agreement properly entered into under section 6305 of title 31 (b)  Cooperative Research and Training Programs. (1)  In general To facilitate the administration of the System, the Secretary, under such terms and conditions as the Secretary may consider advisable, may (A) enter into cooperative agreements with public or private educational institutions, States, and political subdivisions of States to develop adequate, coordinated, cooperative research and training programs concerning the resources of the System; and (B) pursuant to an agreement, accept from and make available to the cooperator technical and support staff, financial assistance for mutually agreed upon research projects, supplies and equipment, facilities, and administrative services relating to cooperative research units that the Secretary considers appropriate. (2)  Effect of subsection This subsection does not waive any requirements for research projects that are subject to Federal procurement regulations. (c)  Sale of Products and Services Produced in the Conduct of Living Exhibits and Interpretive Demonstrations To facilitate the administration of the System, the Secretary, under such terms and conditions as the Secretary considers advisable, may (1) sell at fair market value, without regard to the requirements of chapters 1 to 11 of title 40 and division C (except sections 3302, 3307(e), 3501(b), 3509, 3906, 4710, and 4711) of subtitle I of title 41, products and services produced in the conduct of living exhibits and interpretive demonstrations in System units; (2) enter into contracts, including cooperative arrangements, with respect to living exhibits and interpretive demonstrations in System units; and (3) credit the proceeds from those sales and contracts to the appropriation bearing the cost of the exhibits and demonstrations. (d)  Cooperative Agreements for System Unit Natural Resource Protection. (1)  In general The Secretary may enter into cooperative agreements with State, local, or tribal governments, other Federal agencies, other public entities, educational institutions, private nonprofit organizations, or participating private landowners for the purpose of protecting natural resources of System units through collaborative efforts on land inside and outside the System units. (2)  Terms and conditions A cooperative agreement entered into under paragraph (1) shall provide clear and direct benefits to System unit natural resources and (A) provide for (i) the preservation, conservation, and restoration of coastal and riparian systems, watersheds, and wetlands; (ii) preventing, controlling, or eradicating invasive exotic species that are within a System unit or adjacent to a System unit; or (iii) restoration of natural resources, including native wildlife habitat or ecosystems; (B) include a statement of purpose demonstrating how the agreement will (i) enhance science-based natural resource stewardship at the System unit; and (ii) benefit the parties to the agreement; (C) specify any staff required and technical assistance to be provided by the Secretary or other parties to the agreement in support of activities inside and outside the System unit that will (i) protect natural resources of the System unit; and (ii) benefit the parties to the agreement; (D) identify any materials, supplies, or equipment and any other resources that will be contributed by the parties to the agreement or by other Federal agencies; (E) describe any financial assistance to be provided by the Secretary or the partners to implement the agreement; (F) ensure that any expenditure by the Secretary pursuant to the agreement is determined by the Secretary to support the purposes of natural resource stewardship at a System unit; and (G) include such other terms and conditions as are agreed to by the Secretary and the other parties to the agreement. (3)  Limitations The Secretary shall not use any funds associated with an agreement entered into under paragraph (1) for the purposes of land acquisition, regulatory activity, or the development, maintenance, or operation of infrastructure, except for ancillary support facilities that the Secretary determines to be necessary for the completion of projects or activities identified in the agreement. ( Pub. L. 113287,  3 Dec. 19, 2014 128 Stat. 3135        Historical and Revision Notes  Revised Section Source (U.S. Code) Source (Statutes at Large)  101702(a) 16 U.S.C. 1g Pub. L. 104208, div. A, title I,  101(d) administrative provisions National Park Service Sept. 30, 1996 110 Stat. 3009189 101702(b) 16 U.S.C. 1a2 Pub. L. 91383,  3 Aug. 18, 1970 84 Stat. 826  16 U.S.C. 1a2(j) Pub. L. 91383,  3(j) Pub. L. 104333, div. I, title VIII,  818 Nov. 12, 1996 110 Stat. 4201 Pub. L. 106176, title I,  118(5) Mar. 10, 2000 114 Stat. 28 101702(c) 16 U.S.C. 1a2  16 U.S.C. 1a2(g) Pub. L. 91383,  3(g) Aug. 18, 1970 84 Stat. 827 Pub. L. 104333, div. I, title VII,  703 Nov. 12, 1996 110 Stat. 4185 Pub. L. 106176, title I,  118(1) Mar. 10, 2000 114 Stat. 28 101702(d) 16 U.S.C. 1j(a) Pub. L. 110229, title III May 8, 2008 122 Stat. 768 In subsection (a), the word Secretary is substituted for National Park Service to reflect the transfer of functions of other officers, employees, and agencies of the Department of the Interior to the Secretary by sections 1 and 2 of Reorganization Plan No. 3 of 1950 (5 U.S.C. App.). The words in fiscal year 1997 and thereafter are omitted as obsolete. The words for the public purpose of carrying out National Park Service programs are omitted as unnecessary. The words is a cooperative agreement properly entered into under section 6305 of title 31 section 6305 of title 31  101703. Cooperative management agreements (a)  In General To facilitate the administration of the System, the Secretary, under such terms and conditions as the Secretary considers advisable, may enter into an agreement with a State or local government agency to provide for the cooperative management of the Federal and State or local park areas where a System unit is located adjacent to or near a State or local park area, and cooperative management between the Service and a State or local government agency of a portion of either the System unit or State or local park will allow for more effective and efficient management of the System unit and State or local park. The Secretary may not transfer administration responsibilities for any System unit under this paragraph. (b)  Provision of Goods and Services Under a cooperative management agreement, the Secretary may acquire from and provide to a State or local government agency goods and services to be used by the Secretary and the State or local governmental agency in the cooperative management of land. (c)  Assignment of Employee An assignment arranged by the Secretary under section 3372 of title 5 ( Pub. L. 113287,  3 Dec. 19, 2014 128 Stat. 3136        Historical and Revision Notes  Revised Section Source (U.S. Code) Source (Statutes at Large)  101703 16 U.S.C. 1a2 Pub. L. 91383,  3 Aug. 18, 1970 84 Stat. 826  16 U.S.C. 1a2 l Pub. L. 91383,  3 l Pub. L. 105391, title VIII,  802(a) Nov. 13, 1998 112 Stat. 3523 Statutory Notes and Related Subsidiaries Authorizing Cooperative Management Agreements Between the District of Columbia and the Secretary of the Interior Pub. L. 1169, title II,  2403 Mar. 12, 2019 133 Stat. 747 The Secretary [of the Interior] may enter into a cooperative management agreement with the District of Columbia in accordance with section 101703 of title 54  101704. Reimbursable agreements (a)  In General In carrying out work under reimbursable agreements with any State, local, or tribal government, the Secretary, without regard to any provision of law or a regulation (1) may record obligations against accounts receivable from those governments; and (2) shall credit amounts received from those governments to the appropriate account. (b)  When Amounts Shall Be Credited Amounts shall be credited within 90 days of the date of the original request by the Service for payment. ( Pub. L. 113287,  3 Dec. 19, 2014 128 Stat. 3137        Historical and Revision Notes  Revised Section Source (U.S. Code) Source (Statutes at Large)  101704 16 U.S.C. 1i Pub. L. 1087, div. F, title I administrative provisions National Park Service Feb. 20, 2003 117 Stat. 227 The words Heretofore and hereafter and  section 1341 of title 31 CHAPTER 1019 CONCESSIONS AND COMMERCIAL USE AUTHORIZATIONS    SUBCHAPTER IAUTHORITY OF SECRETARY  Sec.  101901. Utility services.  SUBCHAPTER IICOMMERCIAL VISITOR SERVICES  101911. Definitions.  101912. Findings and declaration of policy.  101913. Award of concession contracts.  101914. Term of concession contracts.  101915. Protection of concessioner investment.  101916. Reasonableness of rates and charges.  101917. Franchise fees.  101918. Transfer or conveyance of concession contracts or leasehold surrender interests.  101919. National Park Service Concessions Management Advisory Board.  101920. Contracting for services.  101921. Multiple contracts within a System unit.  101922. Use of nonmonetary consideration in concession contracts.  101923. Recordkeeping requirements.  101924. Promotion of sale of Indian, Alaska Native, Native Samoan, and Native Hawaiian handicrafts.  101925. Commercial use authorizations.  101926. Regulations.   Editorial Notes  Codification Pub. L. 114289, title VII,  701 Dec. 16, 2016 130 Stat. 1492 section 101931 of this title SUBCHAPTER I AUTHORITY OF SECRETARY  101901. Utility services  To facilitate the administration of the System, the Secretary, under such terms and conditions as the Secretary considers advisable, may furnish, on a reimbursement of appropriation basis, all types of utility services to concessioners, contractors, permittees, or other users of the services, within the System. The reimbursements for cost of the services may be credited to the appropriation current at the time reimbursements are received. ( Pub. L. 113287,  3 Dec. 19, 2014 128 Stat. 3137        Historical and Revision Notes  Revised Section Source (U.S. Code) Source (Statutes at Large)  101901 16 U.S.C. 1b Aug. 8, 1953, ch. 384,  1 67 Stat. 495 Pub. L. 91383,  2(a) Aug. 18, 1970 84 Stat. 826  16 U.S.C. 1b(4) The words and he may use applicable appropriations for the aforesaid system for the following purposes are omitted as unnecessary. SUBCHAPTER II COMMERCIAL VISITOR SERVICES  101911. Definitions In this subchapter: (1)  Advisory board The term Advisory Board means the National Park Service Concessions Management Advisory Board established under section 101919 of this title (2)  Preferential right of renewal The term preferential right of renewal means the right of a concessioner, subject to a determination by the Secretary that the facilities or services authorized by a prior contract continue to be necessary and appropriate within the meaning of section 101912 of this title ( Pub. L. 113287,  3 Dec. 19, 2014 128 Stat. 3138        Historical and Revision Notes  Revised Section Source (U.S. Code) Source (Statutes at Large)  101911(1) no source. 101911(2) 16 U.S.C. 5952(7)(C) Pub. L. 105391, title IV,  403(7)(C) Nov. 13, 1998 112 Stat. 3506 Statutory Notes and Related Subsidiaries Savings Provision Pub. L. 105391, title IV,  419 Nov. 13, 1998 112 Stat. 3517  (a)  Treatment of Glacier Bay Concession Permits Prospectus Nothing contained in this title [enacting former sections 5951 to 5966 of Title 16, Conservation, which were repealed and restated in sections 101911 et seq. and 101524 of this title, amending former sections 1a7 and 3 of Title 16, repealing section 17b1 and subchapter IV of chapter 1 of Title 16, and enacting provisions set out as notes under this section and sections 100101 and 101912 of this title] shall authorize or require the Secretary to withdraw, revise, amend, modify, or reissue the February 19, 1998 (b)  Preferential Right of Renewal Notwithstanding any provision of this title, the Secretary, in awarding future Glacier Bay cruise ship concession permits covering cruise ship entries for which a preferential right of renewal existed prior to the effective date of this title [probably means the date of enactment of title IV of Pub. L. 105391 Nov. 13, 1998 54 U.S.C. 101911(2) December 31, 2009 Alaska National Interest Lands Conservation Act Pub. L. 105391, title IV,  415(c) Nov. 13, 1998 112 Stat. 3516 Nothing in this title [enacting former sections 5951 to 5966 of Title 16, Conservation, which were repealed and restated in sections 101911 et seq. and 101524 of this title, amending former sections 1a7 and 3 of Title 16, repealing section 17b1 and subchapter IV of chapter 1 of Title 16, and enacting provisions set out as notes under this section and sections 100101 and 101912 of this title] amends, supersedes, or otherwise affects any provision of the Alaska National Interest Lands Conservation Act ( 16 U.S.C. 3101  101912. Findings and declaration of policy (a)  Findings In furtherance of section 100101(a), Congress finds that the preservation and conservation of System unit resources and values requires that public accommodations, facilities, and services that have to be provided within those System units should be provided only under carefully controlled safeguards against unregulated and indiscriminate use, so that (1) visitation will not unduly impair those resources and values; and (2) development of public accommodations, facilities, and services within System units can best be limited to locations that are consistent to the highest practicable degree with the preservation and conservation of the resources and values of the System units. (b)  Declaration of Policy It is the policy of Congress that the development of public accommodations, facilities, and services in System units shall be limited to accommodations, facilities, and services that (1) are necessary and appropriate for public use and enjoyment of the System unit in which they are located; and (2) are consistent to the highest practicable degree with the preservation and conservation of the resources and values of the System unit. ( Pub. L. 113287,  3 Dec. 19, 2014 128 Stat. 3138        Historical and Revision Notes  Revised Section Source (U.S. Code) Source (Statutes at Large)  101912 16 U.S.C. 5951 Pub. L. 105391, title IV,  402 Nov. 13, 1998 112 Stat. 3503 In subsection (a), the words section 100101(a) are substituted for sections 1, 2, 3, and 4 of this title, which directs the Secretary to administer units of the National Park System in accordance with the fundamental purpose of conserving their scenery, wildlife, and natural and historic objects, and providing for their enjoyment in a manner that will leave them unimpaired for the enjoyment of future generations to give a more precise cross reference because section 100101(a) of the new title is where that direction to the Secretary is restated. Statutory Notes and Related Subsidiaries Repeal of National Park Service Concessions Policy Act; Savings Provision Pub. L. 105391, title IV,  415(a) Nov. 13, 1998 112 Stat. 3515  Public Law 89249 16 U.S.C. 20  101913. Award of concession contracts In furtherance of the findings and policy stated in section 101912 of this title (1)  Competitive selection process Except as otherwise provided in this section, all proposed concession contracts shall be awarded by the Secretary to the person, corporation, or other entity submitting the best proposal, as determined by the Secretary through a competitive selection process. The competitive process shall include simplified procedures for small, individually-owned entities seeking award of a concession contract. (2)  Solicitation of proposals Except as otherwise provided in this section, prior to awarding a new concession contract (including renewals or extensions of existing concession contracts) the Secretary (A) shall publicly solicit proposals for the concession contract; and (B) in connection with the solicitation, shall (i) prepare a prospectus and publish notice of its availability at least once in local or national newspapers or trade publications, by electronic means, or both, as appropriate; and (ii) make the prospectus available on request to all interested persons. (3)  Information to be included in prospectus The prospectus shall include the following information: (A) The minimum requirements for the contract as set forth in paragraph (4). (B) The terms and conditions of any existing concession contract relating to the services and facilities to be provided, including all fees and other forms of compensation provided to the United States by the concessioner. (C) Other authorized facilities or services that may be provided in a proposal. (D) Facilities and services to be provided by the Secretary to the concessioner, including public access, utilities, and buildings. (E) An estimate of the amount of compensation due an existing concessioner from a new concessioner under the terms of a prior concession contract. (F) A statement as to the weight to be given to each selection factor identified in the prospectus and the relative importance of those factors in the selection process. (G) Other information related to the proposed concession operation that is provided to the Secretary pursuant to a concession contract or is otherwise available to the Secretary, as the Secretary determines is necessary to allow for the submission of competitive proposals. (H) Where applicable, a description of a preferential right to the renewal of the proposed concession contract held by an existing concessioner as set forth in paragraph (7). (4)  Consideration of proposals. (A)  Minimum requirements No proposal shall be considered that fails to meet the minimum requirements as determined by the Secretary. The minimum requirements shall include the following: (i) The minimum acceptable franchise fee or other forms of consideration to the Federal Government. (ii) Any facilities, services, or capital investment required to be provided by the concessioner. (iii) Measures necessary to ensure the protection, conservation, and preservation of resources of the System unit. (B)  Rejection of proposal The Secretary shall reject any proposal, regardless of the franchise fee offered, if the Secretary determines that (i) the person, corporation, or entity is not qualified or is not likely to provide satisfactory service; or (ii) the proposal is not responsive to the objectives of protecting and preserving resources of the System unit and of providing necessary and appropriate facilities and services to the public at reasonable rates. (C)  All proposals fail to meet mimimum 1 1 minimum requirements or are rejected If all proposals submitted to the Secretary fail to meet the minimum requirements or are rejected by the Secretary, the Secretary shall establish new minimum contract requirements and re-initiate the competitive selection process pursuant to this section. (D)  Terms and conditions materially amended or not incorporated in contract The Secretary may not execute a concession contract that materially amends or does not incorporate the proposed terms and conditions of the concession contract as set forth in the applicable prospectus. If proposed material amendments or changes are considered appropriate by the Secretary, the Secretary shall resolicit offers for the concession contract incorporating the material amendments or changes. (5)  Selection of the best proposal. (A)  Factors in selection In selecting the best proposal, the Secretary shall consider the following principal factors: (i) The responsiveness of the proposal to the objectives of protecting, conserving, and preserving resources of the System unit and of providing necessary and appropriate facilities and services to the public at reasonable rates. (ii) The experience and related background of the person, corporation, or entity submitting the proposal, including the past performance and expertise of the person, corporation or entity in providing the same or similar facilities or services. (iii) The financial capability of the person, corporation, or entity submitting the proposal. (iv) The proposed franchise fee, except that consideration of revenue to the United States shall be subordinate to the objectives of protecting, conserving, and preserving resources of the System unit and of providing necessary and appropriate facilities to the public at reasonable rates. (B)  Secondary factors The Secretary may also consider such secondary factors as the Secretary considers appropriate. (C)  Development of regulations In developing regulations to implement this subchapter, the Secretary shall consider the extent to which plans for employment of Indians (including Native Alaskans) and involvement of businesses owned by Indians, Indian tribes, or Native Alaskans in the operation of a concession contract should be identified as a factor in the selection of a best proposal under this section. (6)  Congressional notification. (A)  In general The Secretary shall submit any proposed concession contract with anticipated annual gross receipts in excess of $5,000,000 or a duration of more than 10 years to the Committee on Natural Resources of the House of Representatives and the Committee on Energy and Natural Resources of the Senate. (B)  Waiting period The Secretary shall not award any proposed concession contract to which subparagraph (A) applies until at least 60 days subsequent to the notification of both Committees. (7)  Preferential right of renewal. (A)  In general Except as provided in subparagraph (B), the Secretary shall not grant a concessioner a preferential right to renew a concession contract, or any other form of preference to a concession contract. (B)  Exception The Secretary shall grant a preferential right of renewal to an existing concessioner with respect to proposed renewals of the categories of concession contracts described by paragraph (8), subject to the requirements of that paragraph. (C)  Entitlement to award of new contract A concessioner that successfully exercises a preferential right of renewal in accordance with the requirements of this subchapter shall be entitled to award of the proposed new concession contract to which the preference applies. (8)  Outfitter and guide services and small contracts. (A)  Application Paragraph (7) shall apply only to the following: (i) Subject to subparagraph (B), concession contracts that solely authorize the provision of specialized backcountry outdoor recreation guide services that require the employment of specially trained and experienced guides to accompany System unit visitors in the backcountry so as to provide a safe and enjoyable experience for visitors who otherwise may not have the skills and equipment to engage in that activity. (ii) Subject to subparagraph (C), concession contracts with anticipated annual gross receipts under $500,000. (B)  Outfitting and guide concessioners. (i)  Description Outfitting and guide concessioners, where otherwise qualified, include concessioners that provide guided river running, hunting, fishing, horseback, camping, and mountaineering experiences. (ii)  When entitled to preferential right An outfitting and guide concessioner is entitled to a preferential right of renewal under this subchapter only if (I) the contract with the outfitting and guide concessioner does not grant the concessioner any interest, including any leasehold surrender interest or possessory interest, in capital improvements on land owned by the United States within a System unit, other than a capital improvement constructed by a concessioner pursuant to the terms of a concession contract prior to November 13, 1998 (II) the Secretary determines that the concessioner has operated satisfactorily during the term of the contract (including any extension); and (III) the concessioner has submitted a responsive proposal for a proposed new concession contract that satisfies the minimum requirements established by the Secretary pursuant to paragraph (4). (C)  Contract with estimated gross receipts of less than $500,000 A concessioner that holds a concession contract that the Secretary estimates will result in gross annual receipts of less than $500,000 if renewed shall be entitled to a preferential right of renewal under this subchapter if (i) the Secretary has determined that the concessioner has operated satisfactorily during the term of the contract (including any extension); and (ii) the concessioner has submitted a responsive proposal for a proposed new concession contract that satisfies the minimum requirements established by the Secretary pursuant to paragraph (4). (9)  New or additional services The Secretary may propose to amend the applicable terms of an existing concessions contract to provide new and additional services where the Secretary determines the services are necessary and appropriate for public use and enjoyment of the unit of the National Park System in which they are located and are consistent to the highest practicable degree with the preservation and conservation of the resources and values of the unit. Such new and additional services shall not represent a material change to the required and authorized services as set forth in the applicable prospectus or contract. (10)  Authority of secretary not limited Nothing in this subchapter shall be construed as limiting the authority of the Secretary to determine whether to issue a concession contract or to establish its terms and conditions in furtherance of the policies expressed in this subchapter. (11)  Exceptions Notwithstanding this section, the Secretary may award, without public solicitation, the following: (A)  Temporary contract To avoid interruption of services to the public at a System unit, the Secretary may award a temporary concession contract or an extension of an existing concessions contract for a term not to exceed 3 years, except that prior to making the award, the Secretary shall take all reasonable and appropriate steps to consider alternatives to avoid the interruption. (B)  Contract in extraordinary circumstances The Secretary may award a concession contract in extraordinary circumstances where compelling and equitable considerations require the award of a concession contract to a particular party in the public interest. Award of a concession contract under this subparagraph shall not be made by the Secretary until at least 30 days after (i) publication in the Federal Register of notice of the Secretarys intention to award the contract and the reasons for the action; and (ii) submission of notice to the Committee on Energy and Natural Resources of the Senate and the Committee on Natural Resources of the House of Representatives. ( Pub. L. 113287,  3 Dec. 19, 2014 128 Stat. 3138 Pub. L. 114289, title V,  502 Dec. 16, 2016 130 Stat. 1490        Historical and Revision Notes  Revised Section Source (U.S. Code) Source (Statutes at Large)  101913 16 U.S.C. 5952 Pub. L. 105391, title IV,  403 Nov. 13, 1998 112 Stat. 3504 In paragraph (1), the words entities seeking award of a concession contract are substituted for concessions contracts for clarity. In paragraph (2)(B)(i), the words by electronic means are substituted for the Commerce Business Daily to eliminate obsolete words. Federal Business Opportunities is the designated single point of universal electronic public access for publication of all procurement information and notices previously published in the Commerce Business Daily. See 66 Fed. Reg. 27407, May 16, 2001 October 1, 2003 December 28, 2001 January 2, 2002 In paragraph (5)(C), the words concession contract are substituted for concession, contracts to correct an error in the source provision. In paragraph (8)(B)(ii)(III), the word concession is added for consistency in this subchapter. Editorial Notes Amendments 2016Par. (9). Pub. L. 114289  101914. Term of concession contracts  A concession contract entered into pursuant to this subchapter shall generally be awarded for a term of 10 years or less. The Secretary may award a contract for a term of up to 20 years if the Secretary determines that the contract terms and conditions, including the required construction of capital improvements, warrant a longer term. ( Pub. L. 113287,  3 Dec. 19, 2014 128 Stat. 3142        Historical and Revision Notes  Revised Section Source (U.S. Code) Source (Statutes at Large)  101914 16 U.S.C. 5953 Pub. L. 105391, title IV,  404 Nov. 13, 1998 112 Stat. 3508 Pub. L. 106176, title III,  311 Mar. 10, 2000 114 Stat. 34  101915. Protection of concessioner investment (a)  Definitions In this section: (1)  Capital improvement The term capital improvement means a structure, a fixture, or nonremovable equipment provided by a concessioner pursuant to the terms of a concession contract and located on land of the United States within a System unit. (2)  Consumer price index The term Consumer Price Index means (A) the Consumer Price IndexAll Urban Consumers published by the Bureau of Labor Statistics of the Department of Labor; or (B) if the Index is not published, another regularly published cost-of-living index approximating the Consumer Price Index. (b)  Leasehold Surrender Interest in Capital Improvements A concessioner that constructs a capital improvement on land owned by the United States within a System unit pursuant to a concession contract shall have a leasehold surrender interest in the capital improvement subject to the following terms and conditions: (1)  In general A concessioner shall have a leasehold surrender interest in each capital improvement constructed by a concessioner under a concession contract, consisting solely of a right to compensation for the capital improvement to the extent of the value of the concessioners leasehold surrender interest in the capital improvement. (2)  Pledge as security A leasehold surrender interest may be pledged as security for financing of a capital improvement or the acquisition of a concession contract when approved by the Secretary pursuant to this subchapter. (3)  Transfer and relinquishment or waiver of interest A leasehold surrender interest shall be transferred by the concessioner in connection with any transfer of the concession contract and may be relinquished or waived by the concessioner. (4)  Limit on extinguishing or taking interest A leasehold surrender interest shall not be extinguished by the expiration or other termination of a concession contract and may not be taken for public use except on payment of just compensation. (5)  Value of interest The value of a leasehold surrender interest in a capital improvement shall be an amount equal to the initial value (construction cost of the capital improvement), increased (or decreased) by the same percentage increase (or decrease) as the percentage increase (or decrease) in the Consumer Price Index, from the date of making the investment in the capital improvement by the concessioner to the date of payment of the value of the leasehold surrender interest, less depreciation of the capital improvement as evidenced by the condition and prospective serviceability in comparison with a new unit of like kind. (6)  Value of interest in certain new concession contracts. (A)  How value is determined The Secretary may provide, in any new concession contract that the Secretary estimates will have a leasehold surrender interest of more than $10,000,000, that the value of any leasehold surrender interest in a capital improvement shall be based on (i) a reduction on an annual basis, in equal portions, over the same number of years as the time period associated with the straight line depreciation of the initial value (construction cost of the capital improvement), as provided by applicable Federal income tax laws and regulations in effect on November 12, 1998 (ii) an alternative formula that is consistent with the objectives of this subchapter. (B)  When alternative formula may be used The Secretary may use an alternative formula under subparagraph (A)(ii) only if the Secretary determines, after scrutiny of the financial and other circumstances involved in the particular concession contract (including providing notice in the Federal Register and opportunity for comment), that the alternative formula is, compared to the standard method of determining value provided for in paragraph (5), necessary to provide a fair return to the Federal Government and to foster competition for the new contract by providing a reasonable opportunity to make a profit under the new contract. If no responsive offers are received in response to a solicitation that includes the alternative formula, the concession opportunity shall be resolicited with the leasehold surrender interest value as described in paragraph (5). (7)  Increase in value of interest Where a concessioner, pursuant to the terms of a concession contract, makes a capital improvement to an existing capital improvement in which the concessioner has a leasehold surrender interest, the cost of the additional capital improvement shall be added to the then-current value of the concessioners leasehold surrender interest. (c)  Special Rule for Possessory Interest Existing Before November (1)  In general A concessioner that has obtained a possessory interest (as defined pursuant to the Act of October 9, 1965 Public Law 89249 79 Stat. 969 November 12, 1998 November 13, 1998 November 12, 1998 (2)  Existing concessioner awarded a new contract A concessioner awarded a new concession contract to replace an existing concession contract after November 13, 1998 (3)  New concessioner awarded a contract A new concessioner awarded a concession contract and required to pay a prior concessioner for possessory interest in prior improvements shall have a leasehold surrender interest in the prior improvements. The initial value in the leasehold surrender interest (instead of construction cost) shall be an amount equal to the value of the existing possessory interest as of the termination date of the previous concession contract. (4)  De novo review of value determination If the Secretary, or either party to a value determination proceeding conducted under a Service concession contract issued before November 13, 1998 (d)  Transition to Successor Concessioner On expiration or termination of a concession contract entered into after November 13, 1998 (e)  Title to Improvements Title to any capital improvement constructed by a concessioner on land owned by the United States in a System unit shall be vested in the United States. ( Pub. L. 113287,  3 Dec. 19, 2014 128 Stat. 3143        Historical and Revision Notes  Revised Section Source (U.S. Code) Source (Statutes at Large)  101915(a) 16 U.S.C. 5954(e) Pub. L. 105391, title IV,  405(a) Nov. 13, 1998 112 Stat. 3508 101915(b) 16 U.S.C. 5954(a) 101915(c)(1) through (3) 16 U.S.C. 5954(b) 101915(c)(4) 16 U.S.C. 5954 Pub. L. 110161, div. F, title I administrative provisions National Park Service Dec. 26, 2007 121 Stat. 2107 101915(d), (e) 16 U.S.C. 5954(c) In subsection (b), before paragraph (1), the words On and after November 13, 1998 November 13, 1998 In subsection (c)(4), the words For fiscal years 2008 and hereafter are omitted as obsolete. Editorial Notes  References in Text The Act of October 9, 1965 Pub. L. 89249 Oct. 9, 1965 79 Stat. 969 section 462 of Title 16 Pub. L. 105391, title IV,  415(a) Nov. 13, 1998 112 Stat. 3515  101916. Reasonableness of rates and charges (a)  In General A concession contract shall permit the concessioner to set reasonable and appropriate rates and charges for facilities, goods, and services provided to the public, subject to approval under subsection (b). (b)  Approval by Secretary Required. (1)  Factors to consider A concessioners rates and charges to the public shall be subject to approval by the Secretary. The approval process utilized by the Secretary shall be as prompt and as unburdensome to the concessioner as possible and shall rely on market forces to establish reasonableness of rates and charges to the maximum extent practicable. The Secretary shall approve rates and charges that the Secretary determines to be reasonable and appropriate. Unless otherwise provided in the concession contract, the reasonableness and appropriateness of rates and charges shall be determined primarily by comparison with those rates and charges for facilities, goods, and services of comparable character under similar conditions, with due consideration to the following factors and other factors deemed relevant by the Secretary: (A) Length of season. (B) Peakloads. (C) Average percentage of occupancy. (D) Accessibility. (E) Availability and costs of labor and materials. (F) Type of patronage. (2)  Rates and charges not to exceed market rates and charges Rates and charges may not exceed the market rates and charges for comparable facilities, goods, and services, after taking into account the factors referred to in paragraph (1). (c)  Implementation of Recommendations Not later than 6 months after receiving recommendations from the Advisory Board regarding concessioner rates and charges to the public, the Secretary shall implement the recommendations or report to Congress the reasons for not implementing the recommendations. ( Pub. L. 113287,  3 Dec. 19, 2014 128 Stat. 3145        Historical and Revision Notes  Revised Section Source (U.S. Code) Source (Statutes at Large)  101916 16 U.S.C. 5955 Pub. L. 105391, title IV,  406 Nov. 13, 1998 112 Stat. 3510  101917. Franchise fees (a)  In General A concession contract shall provide for payment to the Federal Government of a franchise fee or other monetary consideration as determined by the Secretary, on consideration of the probable value to the concessioner of the privileges granted by the particular contract involved. Probable value shall be based on a reasonable opportunity for net profit in relation to capital invested and the obligations of the concession contract. Consideration of revenue to the United States shall be subordinate to the objectives of protecting and preserving System units and of providing necessary and appropriate services for visitors at reasonable rates. (b)  Provisions To Be Specified in Contract The amount of the franchise fee or other monetary consideration paid to the United States for the term of the concession contract shall be specified in the concession contract and may be modified only to reflect extraordinary unanticipated changes from the conditions anticipated as of the effective date of the concession contract. The Secretary shall include in concession contracts with a term of more than 5 years a provision that allows reconsideration of the franchise fee at the request of the Secretary or the concessioner in the event of extraordinary unanticipated changes. The provision shall provide for binding arbitration in the event that the Secretary and the concessioner are unable to agree on an adjustment to the franchise fee in those circumstances. (c)  Special Account in Treasury. (1)  Deposit and availability All franchise fees (and other monetary consideration) paid to the United States pursuant to concession contracts shall be deposited in a special account established in the Treasury. Twenty percent of the funds deposited in the special account shall be available for expenditure by the Secretary, without further appropriation, to support activities throughout the System regardless of the System unit in which the funds were collected. The funds deposited in the special account shall remain available until expended. (2)  Subaccount for each system unit There shall be established within the special account a subaccount for each System unit. Each subaccount shall be credited with 80 percent of the franchise fees (and other monetary consideration) collected at a single System unit under concession contracts. The funds credited to the subaccount for a System unit shall be available for expenditure by the Secretary, without further appropriation, for use at the System unit for visitor services and for purposes of funding high-priority and urgently necessary resource management programs and operations. The funds credited to a subaccount shall remain available until expended. ( Pub. L. 113287,  3 Dec. 19, 2014 128 Stat. 3146        Historical and Revision Notes  Revised Section Source (U.S. Code) Source (Statutes at Large)  101917 16 U.S.C. 5956 Pub. L. 105391, title IV,  407 Nov. 13, 1998 112 Stat. 3511  101918. Transfer or conveyance of concession contracts or leasehold surrender interests (a)  Approval of Secretary No concession contract or leasehold surrender interest may be transferred, assigned, sold, or otherwise conveyed or pledged by a concessioner without prior written notification to, and approval by, the Secretary. (b)  Conditions The Secretary shall approve a transfer or conveyance described in subsection (a) unless the Secretary finds that (1) the individual, corporation, or other entity seeking to acquire a concession contract is not qualified or able to satisfy the terms and conditions of the concession contract; (2) the transfer or conveyance would have an adverse impact on (A) the protection, conservation, or preservation of the resources of the System unit; or (B) the provision of necessary and appropriate facilities and services to visitors at reasonable rates and charges; and (3) the terms of the transfer or conveyance are likely, directly or indirectly, to (A) reduce the concessioners opportunity for a reasonable profit over the remaining term of the concession contract; (B) adversely affect the quality of facilities and services provided by the concessioner; or (C) result in a need for increased rates and charges to the public to maintain the quality of the facilities and services. (c)  Modification or Renegotiation of Terms The terms and conditions of any concession contract under this section shall not be subject to modification or open to renegotiation by the Secretary because of a transfer or conveyance described in subsection (a) unless the transfer or conveyance would have an adverse impact as described in subsection (b)(2). ( Pub. L. 113287,  3 Dec. 19, 2014 128 Stat. 3147        Historical and Revision Notes  Revised Section Source (U.S. Code) Source (Statutes at Large)  101918 16 U.S.C. 5957 Pub. L. 105391, title IV,  408 Nov. 13, 1998 112 Stat. 3512 In subsection (b)(1), the word other is added for consistency in the subchapter. See section 101926 of the revised title.  101919. National Park Service Concessions Management Advisory Board (a)  Establishment and Purpose There is a National Park Service Concessions Management Advisory Board whose purpose shall be to advise the Secretary and Service on matters relating to management of concessions in the System. (b)  Duties. (1)  Advice The Advisory Board shall advise on each of the following: (A) Policies and procedures intended to ensure that services and facilities provided by concessioners (i) are necessary and appropriate; (ii) meet acceptable standards at reasonable rates with a minimum of impact on System unit resources and values; and (iii) provide the concessioners with a reasonable opportunity to make a profit. (B) Ways to make Service concession programs and procedures more cost effective, more process efficient, less burdensome, and timelier. (2)  Recommendations The Advisory Board shall make recommendations to the Secretary regarding each of the following: (A) The Service contracting with the private sector to conduct appropriate elements of concession management. (B) Ways to make the review or approval of concessioner rates and charges to the public more efficient, less burdensome, and timelier. (C) The nature and scope of products that qualify as Indian, Alaska Native, and Native Hawaiian handicrafts within the meaning of this subchapter. (D) The allocation of concession fees. (3)  Annual report The Advisory Board shall provide an annual report on its activities to the Committee on Natural Resources of the House of Representatives and the Committee on Energy and Natural Resources of the Senate. (c)  Advisory Board Membership Members of the Advisory Board shall be appointed on a staggered basis by the Secretary for a term not to exceed 4 years and shall serve at the pleasure of the Secretary. The Advisory Board shall be comprised of not more than 7 individuals appointed from among citizens of the United States not in the employment of the Federal Government and not in the employment of or having an interest in a Service concession. Of the 7 members of the Advisory Board (1) one member shall be privately employed in the hospitality industry and have both broad knowledge of hotel or food service management and experience in the parks and recreation concession business; (2) one member shall be privately employed in the tourism industry; (3) one member shall be privately employed in the accounting industry; (4) one member shall be privately employed in the outfitting and guide industry; (5) one member shall be a State government employee with expertise in park concession management; (6) one member shall be active in promotion of traditional arts and crafts; and (7) one member shall be active in a nonprofit conservation organization involved in parks and recreation programs. (d)  Service on Advisory Board Service of an individual as a member of the Advisory Board shall not be deemed to be service or employment bringing the individual within the provisions of any Federal law relating to conflicts of interest or otherwise imposing restrictions, requirements, or penalties in relation to the employment of individuals, the performance of services, or the payment or receipt of compensation in connection with claims, proceedings, or matters involving the United States. Service as a member of the Advisory Board shall not be deemed service in an appointive or elective position in the Federal Government for purposes of section 8344 of title 5 (e)  Termination The Advisory Board shall continue to exist until December 31, 2009 ( Pub. L. 113287,  3 Dec. 19, 2014 128 Stat. 3147 Pub. L. 117286,  4(a)(329) Dec. 27, 2022 136 Stat. 4342        Historical and Revision Notes  Revised Section Source (U.S. Code) Source (Statutes at Large)  101919(a) through (c) 16 U.S.C. 5958(a) Pub. L. 105391, title IV,  409 Nov. 13, 1998 112 Stat. 3512 Pub. L. 11111 123 Stat. 1219 101919(d) 16 U.S.C. 5958(e) 101919(e) 16 U.S.C. 5958(d) In subsection (b)(2), the text of 16 U.S.C. 5958(b)(2) In subsection (b)(3), the words commencing with the first anniversary of its initial meeting are omitted as obsolete. In subsection (d), the word deemed is substituted for considered as for consistency in this title and with other titles of the United States Code. Editorial Notes Amendments 2022Subsec. (e). Pub. L. 117286  101920. Contracting for services (a)  Contracting Authorized. (1)  Management elements for which contract required to maximum extent practicable To the maximum extent practicable, the Secretary shall contract with private entities to conduct or assist in elements of the management of the Service concession program considered by the Secretary to be suitable for non-Federal performance. Those management elements shall include each of the following: (A) Health and safety inspections. (B) Quality control of concession operations and facilities. (C) Strategic capital planning for concession facilities. (D) Analysis of rates and charges to the public. (2)  Management elements for which contract allowed The Secretary may also contract with private entities to assist the Secretary with each of the following: (A) Preparation of the financial aspects of prospectuses for Service concession contracts. (B) Development of guidelines for a System capital improvement and maintenance program for all concession occupied facilities. (C) Making recommendations to the Director regarding the conduct of annual audits of concession fee expenditures. (b)  Other Management Elements The Secretary shall consider, taking into account the recommendations of the Advisory Board, contracting out other elements of the concessions management program, as appropriate. (c)  Authority of Secretary Not Diminished Nothing in this section shall diminish the governmental responsibilities and authority of the Secretary to administer concession contracts and activities pursuant to this subchapter and section 100101(a), chapter 1003, and sections 100751(a), 100752, 100753, and 102101 of this title. The Secretary reserves the right to make the final decision or contract approval on contracting services dealing with the management of the Service concessions program under this section. ( Pub. L. 113287,  3 Dec. 19, 2014 128 Stat. 3149        Historical and Revision Notes  Revised Section Source (U.S. Code) Source (Statutes at Large)  101920 16 U.S.C. 5959 Pub. L. 105391, title IV,  410 Nov. 13, 1998 112 Stat. 3514  101921. Multiple contracts within a System unit  If multiple concession contracts are awarded to authorize concessioners to provide the same or similar outfitting, guiding, river running, or other similar services at the same approximate location or resource within a System unit, the Secretary shall establish a comparable franchise fee structure for those contracts or similar contracts, except that the terms and conditions of any existing concession contract shall not be subject to modification or open to renegotiation by the Secretary because of an award of a new contract at the same approximate location or resource. ( Pub. L. 113287,  3 Dec. 19, 2014 128 Stat. 3149        Historical and Revision Notes  Revised Section Source (U.S. Code) Source (Statutes at Large)  101921 16 U.S.C. 5960 Pub. L. 105391, title IV,  411 Nov. 13, 1998 112 Stat. 3514  101922. Use of nonmonetary consideration in concession contracts  Section 1302 of title 40 ( Pub. L. 113287,  3 Dec. 19, 2014 128 Stat. 3150        Historical and Revision Notes  Revised Section Source (U.S. Code) Source (Statutes at Large)  101922 16 U.S.C. 5962 Pub. L. 105391, title IV,  413 Nov. 13, 1998 112 Stat. 3515 The words relating to the leasing of buildings and properties of the United States are omitted as unnecessary.  101923. Recordkeeping requirements (a)  In General A concessioner and any subconcessioner shall keep such records as the Secretary may prescribe to enable the Secretary to determine that all terms of a concession contract have been and are being faithfully performed. The Secretary and any authorized representative of the Secretary shall, for the purpose of audit and examination, have access to those records and to other records of the concessioner or subconcessioner pertinent to the concession contract and all terms and conditions of the concession contract. (b)  Access to Records by Comptroller General The Comptroller General and any authorized representative of the Comptroller General shall, until the expiration of 5 calendar years after the close of the business year of each concessioner or subconcessioner, have access to and the right to examine any pertinent records described in subsection (a) of the concessioner or subconcessioner related to the contract involved. ( Pub. L. 113287,  3 Dec. 19, 2014 128 Stat. 3150        Historical and Revision Notes  Revised Section Source (U.S. Code) Source (Statutes at Large)  101923 16 U.S.C. 5963 Pub. L. 105391, title IV,  414 Nov. 13, 1998 112 Stat. 3515 In this section, the word duly is omitted as unnecessary. In subsection (a), the words and any subconcessioner and or subconcessioner are added for clarity. See 36 CFR 51.98. The word records is substituted for books, documents, and papers for consistency in the revised title and with other titles of the United States Code. In subsection (b), the words books, papers, documents are omitted as included in records. The words described in subsection (a) are added for clarity.  101924. Promotion of sale of Indian, Alaska Native, Native Samoan, and Native Hawaiian handicrafts (a)  In General Promoting the sale of authentic United States Indian, Alaskan Native, Native Samoan, and Native Hawaiian handicrafts relating to the cultural, historical, and geographic characteristics of System units is encouraged, and the Secretary shall ensure that there is a continuing effort to enhance the handicraft trade where it exists and establish the trade in appropriate areas where the trade does not exist. (b)  Exemption From Franchise Fee In furtherance of the purposes of subsection (a), the revenue derived from the sale of United States Indian, Alaska Native, Native Samoan, and Native Hawaiian handicrafts shall be exempt from any franchise fee payments under this subchapter. ( Pub. L. 113287,  3 Dec. 19, 2014 128 Stat. 3150        Historical and Revision Notes  Revised Section Source (U.S. Code) Source (Statutes at Large)  101924 16 U.S.C. 5964 Pub. L. 105391, title IV,  416 Nov. 13, 1998 112 Stat. 3516  101925. Commercial use authorizations (a)  In General To the extent specified in this section, the Secretary, on request, may authorize a private person, corporation, or other entity to provide services to visitors to System units through a commercial use authorization. A commercial use authorization shall not be considered to be a concession contract under this subchapter and no other section of this subchapter shall be applicable to a commercial use authorization except where expressly stated. (b)  Criteria for Issuance of Commercial Use Authorizations. (1)  Required determinations The authority of this section may be used only to authorize provision of services that the Secretary determines (A) will have minimal impact on resources and values of a System unit; and (B) are consistent with the purpose for which the System unit was established and with all applicable management plans and Service policies and regulations. (2)  Elements of commercial use authorization The Secretary shall (A) require payment of a reasonable fee for issuance of a commercial use authorization, the fees to remain available without further appropriation to be used, at a minimum, to recover associated management and administrative costs; (B) require that the provision of services under a commercial use authorization be accomplished in a manner consistent to the highest practicable degree with the preservation and conservation of System unit resources and values; (C) take appropriate steps to limit the liability of the United States arising from the provision of services under a commercial use authorization; (D) have no authority under this section to issue more commercial use authorizations than are consistent with the preservation and proper management of System unit resources and values; and (E) shall establish other conditions for issuance of a commercial use authorization that the Secretary determines to be appropriate for the protection of visitors, provision of adequate and appropriate visitor services, and protection and proper management of System unit resources and values. (c)  Limitations Any commercial use authorization shall be limited to (1) commercial operations with annual gross receipts of not more than $25,000 resulting from services originating and provided solely within a System unit pursuant to the commercial use authorization; (2) the incidental use of resources of the System unit by commercial operations that provide services originating and terminating outside the boundaries of the System unit; or (3) (A) uses by organized childrens camps, outdoor clubs, and nonprofit institutions (including back country use); and (B) other uses, as the Secretary determines to be appropriate. (d)  Nonprofit Institutions Nonprofit institutions are not required to obtain commercial use authorizations unless taxable income is derived by the institution from the authorized use. (e)  Prohibition on Construction A commercial use authorization shall not provide for the construction of any structure, fixture, or improvement on federally-owned land within the boundaries of a System unit. (f)  Duration The term of any commercial use authorization shall not exceed 2 years. No preferential right of renewal or similar provisions for renewal shall be granted by the Secretary. (g)  Other Contracts A person, corporation, or other entity seeking or obtaining a commercial use authorization shall not be precluded from submitting a proposal for concession contracts. ( Pub. L. 113287,  3 Dec. 19, 2014 128 Stat. 3150        Historical and Revision Notes  Revised Section Source (U.S. Code) Source (Statutes at Large)  101925 16 U.S.C. 5966 Pub. L. 105391, title IV,  418 Nov. 13, 1998 112 Stat. 3516  101926. Regulations (a)  In General The Secretary shall prescribe regulations appropriate for the implementation of this subchapter. (b)  Contents The regulations (1) shall include appropriate provisions to ensure that concession services and facilities to be provided in a System unit are not segmented or otherwise split into separate concession contracts for the purposes of seeking to reduce anticipated annual gross receipts of a concession contract below $500,000; and (2) shall further define the term United States Indian, Alaskan Native, and Native Hawaiian handicrafts for the purposes of this subchapter. ( Pub. L. 113287,  3 Dec. 19, 2014 128 Stat. 3151        Historical and Revision Notes  Revised Section Source (U.S. Code) Source (Statutes at Large)  101926 16 U.S.C. 5965 Pub. L. 105391, title IV,  417 Nov. 13, 1998 112 Stat. 3516 The words As soon as practicable after the effective date of this subchapter are omitted as obsolete. SUBCHAPTER III COMMERCIAL SERVICES AUTHORIZATION    Sec. 1 1  101931. Contract authority.  101932. Award of commercial services contracts.  101933. Term of commercial services contracts.  101934. Capital improvements.  101935. Financial management.  101936. Regulations.  101937. Savings provision.  101938. Sunset.  Editorial Notes Codification The table of sections for subchapter III is set out preceding section 101931 as enacted by Pub. L. 114289  101931. Contract authority (a)  General Authority Notwithstanding subchapter II, the Secretary may award and administer commercial services contracts (and related professional services contracts) for the operation and expansion of commercial visitor facilities and visitor services programs in System units. The commercial services contracts that may be awarded shall be limited to those that are necessary and appropriate for public use and enjoyment of the unit of the System in which they are located, and, that are consistent with the preservation and conservation of the resources and values of the unit. (b)  Additional Authority Contracts may be awarded under subsection (a) without regard to Federal laws and regulations governing procurement by Federal agencies, with the exception of laws and regulations related to Federal government contracts governing working conditions and wage rates, including the Alaska National Interest Lands Conservation Act ( 16 U.S.C. 3101 (c)  Use of Commercial Services Contracts. (1)  In general The Secretary may issue a commercial services contract under this subchapter when the Secretary determines that the contract meets the objectives of expanding, modernizing, and improving the condition of commercial visitor facilities and the services provided to visitors. (2)  Exceptions No contracts may be awarded under this subchapter (A) for the provision of outfitter and guide services described in section 101913(8); or (B) to authorize the provision of facilities or services for which the Secretary has granted to an existing concessioner a preferential right of renewal as defined in sections 101911 and 101913. (Added Pub. L. 114289, title VII,  701 Dec. 16, 2016 130 Stat. 1492  Editorial Notes  References in Text The Alaska National Interest Lands Conservation Act, referred to in subsec. (b), is Pub. L. 96487 Dec. 2, 1980 94 Stat. 2371 section 3101 of Title 16  101932. Award of commercial services contracts (a)  Competitive Selection Process Except as provided in subsection (c), commercial services contracts shall be awarded by the Secretary through a competitive selection process. (b)  Solicitation of Proposals Before awarding a new commercial services contract, the Secretary shall publicly solicit proposals for the contract, except as provided in subsection (c). In connection with such solicitation, the Secretary shall prepare a request for proposals and shall publish notice of its availability. (Added Pub. L. 114289, title VII,  701 Dec. 16, 2016 130 Stat. 1493  101933. Term of commercial services contracts  A commercial services contract entered into pursuant to this title shall be awarded for a term not to exceed 10 years. (Added Pub. L. 114289, title VII,  701 Dec. 16, 2016 130 Stat. 1493  101934. Capital improvements  A person or entity awarded a contract under this subchapter shall receive no leasehold surrender interest, as defined in section 101915, in capital improvements constructed under the terms of the contract. (Added Pub. L. 114289, title VII,  701 Dec. 16, 2016 130 Stat. 1493  101935. Financial management (a)  Revolving Fund There is established a revolving fund that shall be available to the Secretary without fiscal year limitation for (1) expenses necessary for the management, improvement, enhancement, operation, construction, and maintenance of commercial visitor services and facilities; and (2) payment of possessory interest and leasehold surrender interest. (b)  Collection of Funds. (1) Funds collected by the Secretary pursuant to the contracts awarded under this subchapter shall be credited to the revolving fund. (2) The Secretary is authorized to transfer to the revolving fund, without reimbursement, any additional funds or revenue in connection with the functions to be carried out under this subchapter. (c)  Use of Funds Amounts in the revolving fund shall be used by the Secretary in furtherance of the purposes of this title. No funds from this account may be used to decrease the availability of services and programs to the public. (Added Pub. L. 114289, title VII,  701 Dec. 16, 2016 130 Stat. 1493  101936. Regulations  As soon as practicable after the effective date of this subchapter, the Secretary shall promulgate regulations appropriate for its implementation. (Added Pub. L. 114289, title VII,  701 Dec. 16, 2016 130 Stat. 1493  Editorial Notes  References in Text The effective date of this subchapter, referred to in text, probably means the date of enactment of Pub. L. 114289 Dec. 16, 2016  101937. Savings provision  Nothing in this subchapter shall modify the terms or conditions of any concessions contracts awarded under subchapter II or the ability of the National Park Service to enter into concessions contracts under the National Park Service Concessions Management Improvement Act of 1998 (title IV of Public Law 105391 (Added Pub. L. 114289, title VII,  701 Dec. 16, 2016 130 Stat. 1493  Editorial Notes  References in Text The National Park Service Concessions Management Improvement Act of 1998, referred to in text, is title IV of Pub. L. 105391 Nov. 13, 1998 112 Stat. 3503 section 100101 of this title  101938. Sunset  The authority given to the Secretary under this subchapter shall expire 9 years after the date of the enactment of this subchapter. (Added Pub. L. 114289, title VII,  701 Dec. 16, 2016 130 Stat. 1494 Pub. L. 117328, div. G, title I,  123 Dec. 29, 2022 136 Stat. 4789  Editorial Notes  References in Text The date of the enactment of this subchapter, referred to in text, is the date of enactment of Pub. L. 114289 Dec. 16, 2016 Amendments 2022 Pub. L. 117328 CHAPTER 1021 PRIVILEGES AND LEASES    Sec.  102101. General provisions.  102102. Authority of Secretary to enter into lease for buildings and associated property.  102101. General provisions (a)  Limitation. (1)  No lease or grant of a privilege that interferes with free access No natural curiosity, wonder, or object of interest shall be leased or granted to anyone on such terms as to interfere with free access by the public to any System unit. (2)  Exception for grazing livestock The Secretary, under such regulations and on such terms as the Secretary may prescribe, may grant the privilege to graze livestock within a System unit when, in the Secretarys judgment, the use is not detrimental to the primary purpose for which the System unit was created. This paragraph does not apply to Yellowstone National Park. (b)  Advertising and Competitive Bids Not Required The Secretary may grant privileges and enter into leases described in subsection (a), and enter into related contracts with responsible persons, firms, or corporations, without advertising and without securing competitive bids. (c)  Assignment or Transfer No contract, lease, or privilege described in subsection (a) or (b) that is entered into or granted shall be assigned or transferred by the grantee, lessee, or licensee without the prior written approval of the Secretary. ( Pub. L. 113287,  3 Dec. 19, 2014 128 Stat. 3152        Historical and Revision Notes  Revised Section Source (U.S. Code) Source (Statutes at Large)  102101 16 U.S.C. 3 Aug. 25, 1916, ch. 408,  3 39 Stat. 535 Mar. 7, 1928, ch. 137,  1 section 3 of the Act of August 25, 1916 NATIONAL PARK SERVICE 45 Stat. 235 Pub. L. 85434 May 29, 1958 72 Stat. 152 Pub. L. 105391, title IV,  415(b)(1) Nov. 13, 1998 112 Stat. 3515 In subsection (a)(1), the word rented is omitted as included in leases. In subsections (b) and (c), the word permit is omitted for consistency because a permit is not mentioned earlier in the source provision. In subsection (c), the word lessee is substituted for permittees for consistency in the section.  102102. Authority of Secretary to enter into lease for buildings and associated property (a)  In General To facilitate the administration of the System, the Secretary, under such terms and conditions as the Secretary may consider advisable, and except as provided in subsection (b) and subject to subsection (c), may enter into a lease with any person or government entity for the use of buildings and associated property administered by the Secretary as part of the System. (b)  Prohibited Activities The Secretary may not use a lease under subsection (a) to authorize the lessee to engage in activities that are subject to authorization by the Secretary through a concession contract, commercial use authorization, or similar instrument. (c)  Use Buildings and associated property leased under subsection (a) (1) shall be used for an activity that is consistent with the purposes established by law for the System unit in which the building is located; (2) shall not result in degradation of the purposes and values of the System unit; and (3) shall be compatible with Service programs. (d)  Rental Amounts. (1)  In general With respect to a lease under subsection (a) (A) payment of fair market value rental shall be required; and (B)  section 1302 of title 40 (2)  Adjustment The Secretary may adjust the rental amount as appropriate to take into account any amounts to be expended by the lessee for preservation, maintenance, restoration, improvement, or repair and related expenses. (e)  Special Account. (1)  Deposits Rental payments under a lease under subsection (a) shall be deposited in a special account in the Treasury. (2)  Availability Amounts in the special account shall be available until expended, without further appropriation, for infrastructure needs at System units, including (A) facility refurbishment; (B) repair and replacement; (C) infrastructure projects associated with System unit resource protection; and (D) direct maintenance of the leased buildings and associated property. (3)  Accountability and results The Secretary shall develop procedures for the use of the special account that ensure accountability and demonstrated results consistent with this section and sections 100101(b), 100502, 100507, 100751(b), 100754, 100901(b) and (c), 100906(a) and (d), 101302(b)(1) and (c) to (e), 101306, 101702(b) and (c), 101901, 102701, and 102702 of this title. (f)  Regulations The Secretary shall prescribe regulations implementing this section that include provisions to encourage and facilitate competition in the leasing process and provide for timely and adequate public comment. ( Pub. L. 113287,  3 Dec. 19, 2014 128 Stat. 3152        Historical and Revision Notes  Revised Section Source (U.S. Code) Source (Statutes at Large)  102102(a) 16 U.S.C. 1a2 Pub. L. 91383,  3 Aug. 18, 1970 84 Stat. 826  16 U.S.C. 1a2(k)(1) Pub. L. 91383,  3(k) Pub. L. 105391, title VIII,  802(a) Nov. 13, 1998 112 Stat. 3522 102102(b) through (d) 16 U.S.C. 1a2(k)(2) 102102(e) 16 U.S.C. 1a2(k)(5) 102102(f) 16 U.S.C. 1a2(k)(4)(C) CHAPTER 1023 PROGRAMS AND ORGANIZATIONS    Sec.  102301. Volunteers in parks program.  102302. National Capital region arts and cultural affairs.  102303. National Park System Advisory Board.  102304. National Park Service Advisory Council.  102301. Volunteers in parks program (a)  Establishment The Secretary may recruit, train, and accept, without regard to chapter 51 and subchapter III of chapter 53 of title 5 or regulations prescribed under that chapter or subchapter, the services of individuals without compensation as volunteers for or in aid of interpretive functions or other visitor services or activities in and related to System units and related areas. In accepting those services, the Secretary shall not permit the use of volunteers in hazardous duty or law enforcement work or in policymaking processes, or to displace any employee. The services of individuals whom the Secretary determines are skilled in performing hazardous activities may be accepted. (b)  Incidental Expenses The Secretary may provide for incidental expenses of volunteers, such as transportation, uniforms, lodging, and subsistence. (c)  Federal Employee Status for Volunteers. (1)  Employment status of volunteers Except as otherwise provided in this section, a volunteer shall not be deemed a Federal employee and shall not be subject to the provisions of law relating to Federal employment, including those relating to hours of work, rates of compensation, leave, unemployment compensation, and Federal employee benefits. (2)  Tort claims For the purpose of sections 1346(b) and 2401(b) and chapter 171 of title 28, a volunteer under this chapter shall be deemed a Federal employee. (3)  Volunteers deemed civil employees For the purposes of subchapter I of chapter 81 of title 5, volunteers under this chapter shall be deemed civil employees of the United States within the meaning of the term employee as defined in section 8101 of title 5 (4)  Compensation for losses and damages For the purpose of claims relating to damage to, or loss of, personal property of a volunteer incident to volunteer service, a volunteer under this chapter shall be deemed a Federal employee, and section 3721 of title 31 (d)  Authorization of Appropriations There is authorized to be appropriated to carry out this section not more than $9,000,000 for each fiscal year. ( Pub. L. 113287,  3 Dec. 19, 2014 128 Stat. 3153 Pub. L. 113235, div. F, title I,  118 Dec. 16, 2014 128 Stat. 2421 Pub. L. 114113, div. G, title I,  114 Dec. 18, 2015 129 Stat. 2550 Pub. L. 114289, title III,  303 Dec. 16, 2016 130 Stat. 1487  Amendment Not Shown in Text Subsection (d) of this section was derived from section 18j of Title 16 Pub. L. 113235, div. F, title I,  118 Dec. 16, 2014 128 Stat. 2421 section 6(b) of Pub. L. 113287 section 100101 of this title section 18j of Title 16       Historical and Revision Notes  Revised Section Source (U.S. Code) Source (Statutes at Large)  102301(a) 16 U.S.C. 18g Pub. L. 91357,  1 July 29, 1970 84 Stat. 472 Pub. L. 98540,  1(b) Oct. 24, 1984 98 Stat. 2718 102301(b) 16 U.S.C. 18h Pub. L. 91357,  2 July 29, 1970 84 Stat. 472 102301(c) 16 U.S.C. 18i Pub. L. 91357,  3 July 29, 1970 84 Stat. 472 Pub. L. 101286, title II,  204(b) May 9, 1990 104 Stat. 175 102301(d) 16 U.S.C. 18j Pub. L. 91357,  4 July 29, 1970 84 Stat. 472 Pub. L. 94128 Nov. 13, 1975 89 Stat. 682 Pub. L. 98540,  1(a) Oct. 24, 1984 98 Stat. 2718 Pub. L. 104333, div. I, title VIII,  805 Nov. 12, 1996 110 Stat. 4188 In subsection (a), the words chapter 51 and subchapter III of title 5 are substituted for the civil service classification laws for clarity and for consistency with other titles of the United States Code. The words System units and related areas are substituted for areas administered by the Secretary through the National Park Service for clarity and for consistency in the new title. In subsection (b), the words of volunteers are added for clarity. In subsection (c)(3), the words relating to compensation to Federal employees for work injuries are omitted as unnecessary. In subsection (d), the words such sums as may be necessary are omitted as unnecessary. Editorial Notes Amendments 2016Subsec. (d). Pub. L. 114289 2015Subsec. (d). Pub. L. 114113 Statutory Notes and Related Subsidiaries Amendment Subject to Availability of Appropriations Pub. L. 114289, title III,  303 Dec. 16, 2016 130 Stat. 1487  102302. National Capital region arts and cultural affairs (a)  Establishment There is under the direction of the Service a program to support and enhance artistic and cultural activities in the National Capital region. (b)  Grant Eligibility. (1)  Eligible organizations Eligibility for grants shall be limited to organizations (A) that are of demonstrated national significance; and (B) that meet at least 2 of the criteria stated in paragraph (2). (2)  Criteria The criteria referred to in paragraph (1) are the following: (A) The organization has an annual operating budget in excess of $1,000,000. (B) The organization has an annual audience or visitation of at least 200,000 people. (C) The organization has a paid staff of at least 100 individuals. (D) The organization is eligible under section 320102(f) of this title (3)  Organizations not eligible Public or private colleges and universities are not eligible for grants under the program under this section. (c)  Use of Grants Grants awarded under this section may be used to support general operations and maintenance, security, or special projects. No organization may receive a grant in excess of $500,000 in a single year. (d)  Responsbilities 1 1 Responsibilities of Director The Director shall (1) establish an application process; (2) appoint a review panel of 5 qualified individuals, at least a majority of whom reside in the National Capital region; and (3) develop other program guidelines and definitions as required. (e)  Fords Theater and Wolf Trap National Park for the Performing Arts The contractual amounts required for the support of Fords Theater and Wolf Trap National Park for the Performing Arts shall be available within the amount provided in this section without regard to any other provision of this section. ( Pub. L. 113287,  3 Dec. 19, 2014 128 Stat. 3154        Historical and Revision Notes  Revised Section Source (U.S. Code) Source (Statutes at Large)  102302 16 U.S.C. 1e Pub. L. 98473, title I,  101(c) [title I,  100] Oct. 12, 1984 98 Stat. 1837 Pub. L. 89671,  14(c) Pub. L. 107219,  1(a)(3) Aug. 21, 2002 116 Stat. 10330  102303. National Park System Advisory Board (a)  Definition In this section, the term Board means the National Park System Advisory Board established under subsection (b). (b)  Establishment and Purpose There is established a National Park System Advisory Board, whose purpose is to advise the Director on matters relating to the Service, the System, and programs administered by the Service. The Board shall advise the Director on matters submitted to the Board by the Director as well as any other issues identified by the Board. (c)  Membership. (1)  Appointment and term of office Members of the Board shall be appointed on a staggered term basis by the Secretary for a term not to exceed 4 years and shall serve at the pleasure of the Secretary. (2)  Composition The Board shall be composed of no more than 12 persons, appointed from among citizens of the United States having a demonstrated commitment to the mission of the Service. Board members shall be selected to represent various geographic regions, including each of the administrative regions of the Service. At least 6 of the members shall have outstanding expertise in one or more of the following fields: history, archeology, anthropology, historical or landscape architecture, biology, ecology, geology, marine science, or social science. At least 4 of the members shall have outstanding expertise and prior experience in the management of national or State parks or protected areas, or natural or cultural resources management. The remaining members shall have outstanding expertise in one or more of the areas described above or in another professional or scientific discipline, such as financial management, recreation use management, land use planning, or business management, important to the mission of the Service. At least one individual shall be a locally elected official from an area adjacent to a park. (3)  First meeting The Board shall hold its 1st meeting no later than 60 days after the date on which all members of the Board who are to be appointed have been appointed. (4)  Vacancy Any vacancy in the Board shall not affect its powers, but shall be filled in the same manner in which the original appointment was made. (5)  Compensation All members of the Board shall be reimbursed for travel and per diem in lieu of subsistence expenses during the performance of duties of the Board while away from home or their regular place of business, in accordance with subchapter I of chapter 57 of title 5. With the exception of travel and per diem, a member of the Board who otherwise is an officer or employee of the United States Government shall serve on the Board without additional compensation. (d)  Duties and Powers of Board. (1)  Adopt rules The Board may adopt such rules as may be necessary to establish its procedures and to govern the manner of its operations, organization, and personnel. (2)  Advice and recommendations The Board shall advise the Secretary on matters relating to the System, to other related areas, and to the administration of chapter 3201 of this title, including matters submitted to it for consideration by the Secretary, but it shall not be required to provide recommendations as to the suitability or desirability of surplus real and related personal property for use as a historic monument. The Board shall also provide recommendations on the designation of national historic landmarks and national natural landmarks. The Board is strongly encouraged to consult with the major scholarly and professional organizations in the appropriate disciplines in making the recommendations. (3)  Actions on request of director On request of the Director, the Board is authorized to (A) hold such hearings and sit and act at such times; (B) take such testimony; (C) have such printing and binding done; (D) enter into such contracts and other arrangements; (E) make such expenditures; and (F) take such other actions as the Board may consider advisable. (4)  Oaths or affirmations Any member of the Board may administer oaths or affirmations to witnesses appearing before the Board. (5)  Committees and subcommittees The Board may establish committees or subcommittees. The subcommittees or committees shall be chaired by a voting member of the Board. (6)  Use of mails The Board may use the United States mails in the same manner and under the same conditions as other departments and agencies in the United States. (e)  Staff The Secretary may hire 2 full-time staffers to meet the needs of the Board. (f)  Federal Law Not Applicable to Service Service as a member of the Board shall not be deemed service or employment bringing the individual within the provisions of any Federal law relating to conflicts of interest or otherwise imposing restrictions, requirements, or penalties relating to the employment of individuals, the performance of services, or the payment or receipt of compensation in connection with claims, proceedings, or matters involving the United States. Service as a member or an employee of the Board shall not be deemed service in an appointive or elective position in the Federal Government for purposes of section 8344 of title 5 (g)  Cooperation of Federal Agencies. (1)  Information The Board may secure directly from any office, department, agency, establishment, or instrumentality of the Federal Government such information as the Board may require for the purpose of this section, and each office, department, agency, establishment, or instrumentality shall furnish, to the extent permitted by law, the information, suggestions, estimates, and statistics directly to the Board, on request made by a member of the Board. (2)  Facilities and services On request of the Board, the head of any Federal department, agency, or instrumentality may make any of the facilities and services of the department, agency, or instrumentality available to the Board, on a nonreimbursable basis, to assist the Board in carrying out its duties under this section. (h)  Chapter of Title Chapter 10 of title 5, with the exception of section 1013(b), applies to the Board. (i)  Termination The Board continues to exist until January 1, 2010 ( Pub. L. 113287,  3 Dec. 19, 2014 128 Stat. 3155 Pub. L. 117286,  4(a)(330) Dec. 27, 2022 136 Stat. 4342        Historical and Revision Notes  Revised Section Source (U.S. Code) Source (Statutes at Large)  102303(a) no source. 102303(b) 16 U.S.C. 463(a) Aug. 21, 1935, ch. 593,  3(a) 49 Stat. 667 Pub. L. 91383,  9 Aug. 18, 1970 Pub. L. 94458,  2 Oct. 7, 1976 90 Stat. 1940 Pub. L. 95625, title VI,  604(2) Nov. 10, 1978 92 Stat. 3518 Pub. L. 101628, title XII,  1211 Nov. 28, 1990 104 Stat. 4507 Pub. L. 104333, div. I, title VIII,  814(f)(1) Nov. 12, 1996 110 Stat. 4197 Pub. L. 109156,  5 Dec. 30, 2005 119 Stat. 2948 Pub. L. 110161, div. F, title I Dec. 26, 2007 121 Stat. 2107 Pub. L. 1118, div. E, title I administrative provisions Mar. 11, 2009 123 Stat. 710 102303(c)(1), (2) 16 U.S.C. 463(a) 102303(c)(3) 16 U.S.C. 463(a) 102303(c)(4) 16 U.S.C. 463(a) 102303(c)(5) 16 U.S.C. 463(a) 102303(d)(1) 16 U.S.C. 463(a) 102303(d)(2) 16 U.S.C. 463(a) 102303(d)(3) through (5) 16 U.S.C. 463(c) 102303(d)(6) 16 U.S.C. 463(e)(3) 102303(e) 16 U.S.C. 463(b)(1) 102303(f) 16 U.S.C. 463(b)(2) 102303(g) 16 U.S.C. 463(e)(1) 102303(h) 16 U.S.C. 463(d) 102303(i) 16 U.S.C. 463(f) In subsection (c)(2), the words natural or cultural are substituted for national or cultural to correct an error in the source provision. Editorial Notes Amendments 2022Subsec. (h). Pub. L. 117286 Statutory Notes and Related Subsidiaries Authorization of Appropriations Pub. L. 104333, div. I, title VIII,  814(f)(2) Nov. 12, 1996 110 Stat. 4199 There are authorized to be appropriated to the National Park System Advisory Board $200,000 per year to carry out the provisions of section 3 of the Act of August 21, 1935 49 Stat. 667 16 U.S.C. 463 54 U.S.C. 102303 [ Pub. L. 104333, div. I, title VIII,  814(f)(3) Nov. 12, 1996 110 Stat. 4199 This subsection [amending former section 463 of Title 16 December 7, 1997 New York City National Shrines Advisory Board Act Aug. 11, 1955, ch. 779 69 Stat. 632 Pub. L. 85658 Aug. 14, 1958 72 Stat. 613  102304. National Park Service Advisory Council (a)  Definitions In this section: (1)  Board The term Board means the National Park System Advisory Board established under section 102303 of this title (2)  Council The term Council means the National Park Service Advisory Council established under subsection (b). (b)  Establishment and Purpose There is established a National Park Service Advisory Council that shall provide advice and counsel to the Board. (c)  Membership. (1)  Eligibility Membership on the Council shall be limited to individuals whose term on the Board has expired. Those individuals may serve as long as they remain active except that not more than 12 members may serve on the Council at any one time. (2)  Compensation Members of the Council shall receive no salary but may be paid expenses incidental to travel when engaged in discharging their duties as members. (d)  Voting Restriction Members of the Council shall not have a vote on the Board. ( Pub. L. 113287,  3 Dec. 19, 2014 128 Stat. 3157        Historical and Revision Notes  Revised Section Source (U.S. Code) Source (Statutes at Large)  102304(a)(1) no source. 102304(a)(2), (b) 16 U.S.C. 463(g) Aug. 21, 1935, ch. 593,  3(g) Pub. L. 101628, title XII,  1212 Nov. 28, 1990 104 Stat. 4507 Pub. L. 104333, div. I, title VIII,  814(f)(1)(B) Nov. 12, 1996 110 Stat. 4198 102304(c)(1) 16 U.S.C. 463(g) 102304(c)(2) 16 U.S.C. 463(g) 102304(d) 16 U.S.C. 463(g) In subsection (c)(1), the text of 16 U.S.C. 463(g) CHAPTER 1025 MUSEUMS    Sec.  102501. Purpose.  102502. Definition of museum object.  102503. Authority of Secretary.  102504. Review and approval.  102501. Purpose  The purpose of this chapter is to increase the public benefits from museums established within System units as a means of informing the public concerning the areas and preserving valuable objects and relics relating to the areas. ( Pub. L. 113287,  3 Dec. 19, 2014 128 Stat. 3157        Historical and Revision Notes  Revised Section Source (U.S. Code) Source (Statutes at Large)  102501 16 U.S.C. 18f July 1, 1955, ch. 259,  1 69 Stat. 242 Statutory Notes and Related Subsidiaries Disposal of Unnecessary or Duplicate Museum Objects; Use of Proceeds Pub. L. 101512, title I,  116 Nov. 5, 1990 104 Stat. 1937 In fiscal year 1991 and thereafter, the Secretary may exercise the authorities granted in the Act of July 1, 1955 16 U.S.C. 18f 54 U.S.C. 102501  102502. Definition of museum object In this chapter: (1)  In general The term museum object means an object that (A) typically is movable; and (B) is eligible to be, or is made part of, a museum, library, or archive collection through a formal procedure, such as accessioning. (2)  Inclusions The term museum object includes a prehistoric or historic artifact, work of art, book, document, photograph, or natural history specimen. ( Pub. L. 113287,  3 Dec. 19, 2014 128 Stat. 3157        Historical and Revision Notes  Revised Section Source (U.S. Code) Source (Statutes at Large)  102502 16 U.S.C. 18f3(b) July 1, 1955, ch. 259,  3(b) Pub. L. 104333, div. I, title VIII,  804(b) Nov. 12, 1996 110 Stat. 4188 The words museum collections are omitted as unnecessary.  102503. Authority of Secretary (a)  In General Notwithstanding other provisions or limitations of law, the Secretary may perform the functions described in this section in the manner that the Secretary considers to be in the public interest. (b)  Donations and Bequests The Secretary may accept donations and bequests of money or other personal property, and hold, use, expend, and administer the money or other personal property for purposes of this chapter. (c)  Purchases The Secretary may purchase museum objects and other personal property at prices that the Secretary considers to be reasonable. (d)  Exchanges The Secretary may make exchanges by accepting museum objects and other personal property and by granting in exchange for the museum objects or other personal property museum property under the administrative jurisdiction of the Secretary that no longer is needed or that may be held in duplicate among the museum properties administered by the Secretary. Exchanges shall be consummated on a basis that the Secretary considers to be equitable and in the public interest. (e)  Acceptance of Loans of Property The Secretary may accept the loan of museum objects and other personal property and pay transportation costs incidental to the museum objects or other personal property. Loans shall be accepted on terms and conditions that the Secretary considers necessary. (f)  Loans of Property The Secretary may loan to responsible public or private organizations, institutions, or agencies, without cost to the United States, such museum objects and other personal property as the Secretary shall consider advisable. Loans shall be made on terms and conditions that the Secretary considers necessary to protect the public interest in those properties. (g)  Transfer of Museum Objects The Secretary may transfer museum objects that the Secretary determines are no longer needed for museum purposes to qualified Federal agencies, including the Smithsonian Institution, that have programs to preserve and interpret cultural or natural heritage, and accept the transfer of museum objects for the purposes of this chapter from any other Federal agency, without reimbursement. The head of any other Federal agency may transfer, without reimbursement, museum objects directly to the administrative jurisdiction of the Secretary for the purpose of this chapter. (h)  Conveyance of Museum Objects The Secretary may convey museum objects that the Secretary determines are no longer needed for museum purposes, without monetary consideration but subject to such terms and conditions as the Secretary considers necessary, to private institutions exempt from Federal taxation under section 501(c)(3) of the Internal Revenue Code of 1986 ( 26 U.S.C. 501(c)(3) (i)  Destruction of Museum Objects The Secretary may destroy or cause to be destroyed museum objects that the Secretary determines to have no scientific, cultural, historic, educational, esthetic, or monetary value. ( Pub. L. 113287,  3 Dec. 19, 2014 128 Stat. 3158        Historical and Revision Notes  Revised Section Source (U.S. Code) Source (Statutes at Large)  102503(a) through (f) 16 U.S.C. 18f July 1, 1955, ch. 259,  1 69 Stat. 242 Pub. L. 104333, div. I, title VIII,  804(a)(1) Nov. 12, 1996 110 Stat. 4187 102503(g) through (i) 16 U.S.C. 18f2(a) July 1, 1955, ch. 259,  2(a) Pub. L. 104333, div. I, title VIII,  804(a)(2) Nov. 12, 1996 110 Stat. 4187  102504. Review and approval  The Secretary shall ensure that museum objects are treated in a careful and deliberate manner that protects the public interest. Prior to taking any action under subsection (g), (h), or (i) of section 102503 of this title ( Pub. L. 113287,  3 Dec. 19, 2014 128 Stat. 3159        Historical and Revision Notes  Revised Section Source (U.S. Code) Source (Statutes at Large)  102504 16 U.S.C. 18f2(b) July 1, 1955, ch. 259 Pub. L. 104333, div. I, title VIII,  804(a)(2) Nov. 12, 1996 110 Stat. 4188 CHAPTER 1027 LAW ENFORCEMENT AND EMERGENCY ASSISTANCE    SUBCHAPTER ILAW ENFORCEMENT  Sec.  102701. Law enforcement personnel within System.  102702. Crime prevention assistance.  SUBCHAPTER IIEMERGENCY ASSISTANCE  102711. Authority of Secretary to use applicable appropriations for the System to render assistance to nearby law enforcement and fire prevention agencies and for related activities outside the System.  102712. Aid to visitors, grantees, permittees, or licensees in emergencies. SUBCHAPTER I LAW ENFORCEMENT  102701. Law enforcement personnel within System (a)  Officers and Employees of the Department of the Interior. (1)  Designation authority of secretary The Secretary, pursuant to standards prescribed in regulations by the Secretary, may designate certain officers or employees of the Department of the Interior who shall maintain law and order and protect individuals and property within System units. (2)  Powers and duties of designees In the performance of the duties described in paragraph (1), the designated officers or employees may (A) carry firearms; (B) make arrests without warrant for any offense against the United States committed in the presence of the officer or employee, or for any felony cognizable under the laws of the United States if the officer or employee has reasonable grounds to believe that the individual to be arrested has committed or is committing the felony, provided the arrests occur within the System or the individual to be arrested is fleeing from the System to avoid arrest; (C) execute any warrant or other process issued by a court or officer of competent jurisdiction for the enforcement of the provisions of any Federal law or regulation issued pursuant to law arising out of an offense committed in the System or, where the individual subject to the warrant or process is in the System, in connection with any Federal offense; and (D) conduct investigations of offenses against the United States committed in the System in the absence of investigation of the offenses by any other Federal law enforcement agency having investigative jurisdiction over the offense committed or with the concurrence of the other agency. (b)  Special Police Officers. (1)  In general The Secretary may designate officers and employees of any other Federal agency, or law enforcement personnel of a State or political subdivision of a State, when determined to be economical and in the public interest and with the concurrence of that agency, State, or subdivision, to (A) act as special police officers in System units when supplemental law enforcement personnel may be needed; and (B) exercise the powers and authority provided by subparagraphs (A) to (D) of subsection (a)(2). (2)  Cooperation with states and political subdivisions The Secretary may (A) cooperate, within the System, with any State or political subdivision of a State in the enforcement of supervision of the laws or ordinances of that State or subdivision; (B) mutually waive, in any agreement pursuant to subparagraph (A) and paragraph (1) or pursuant to subparagraphs (A) and (B) of subsection (a)(2) with any State or political subdivision of a State where State law requires the waiver and indemnification, all civil claims against all the other parties to the agreement and, subject to available appropriations, indemnify and save harmless the other parties to the agreement from all claims by third parties for property damage or personal injury, that may arise out of the parties activities outside their respective jurisdictions under the agreement; and (C) provide limited reimbursement, to a State or political subdivisions of a State, in accordance with such regulations as the Secretary may prescribe, where the State has ceded concurrent legislative jurisdiction over the affected area of the System, for expenditures incurred in connection with its activities within the System that were rendered pursuant to paragraph (1). (3)  Supplemental authority; delegation of service law enforcement responsibilities not authorized Paragraphs (1) and (2) supplement the law enforcement responsibilities of the Service and do not authorize the delegation of law enforcement responsibilities of the Service to State or local governments. (4)  Special police officers not deemed federal employees. (A)  In general Except as otherwise provided in this subsection, a law enforcement officer of a State or political subdivision of a State designated to act as a special police officer under paragraph (1) shall not be deemed a Federal employee and shall not be subject to the provisions of law relating to Federal employment, including those relating to hours of work, rates of compensation, leave, unemployment compensation, and Federal benefits. (B)  Exceptions A law enforcement officer of a State or political subdivision of a State, when acting as a special police officer under paragraph (1), is deemed to be (i) a Federal employee for purposes of sections 1346(b) and 2401(b) and chapter 171 of title 28; and (ii) a civil service employee of the United States within the meaning of the term employee as defined in section 8101 of title 5 (c)  Federal Investigative Jurisdiction and State Civil and Criminal Jurisdiction Not Preempted This section and sections 100101(b), 100502, 100507, 100751(b), 100754, 100901(b) and (c), 100906(a) and (d), 101302(b)(1) and (c) to (e), 101306, 101702(b) and (c), 101901, 102102, and 102702 of this title shall not be construed or applied to limit or restrict the investigative jurisdiction of any Federal law enforcement agency other than the Service, and nothing shall be construed or applied to affect any right of a State or political subdivision of a State to exercise civil and criminal jurisdiction within the System. ( Pub. L. 113287,  3 Dec. 19, 2014 128 Stat. 3159        Historical and Revision Notes  Revised Section Source (U.S. Code) Source (Statutes at Large)  102701 16 U.S.C. 1a6 Pub. L. 91383,  10 Pub. L. 94458,  2 Oct. 7, 1976 90 Stat. 1941 Pub. L. 106437,  2 Nov. 6, 2000 114 Stat. 1920 Pub. L. 108352,  11 Oct. 21, 2004 118 Stat. 1397 In subsection (a)(1), the words In addition to any other authority conferred by law are omitted as unnecessary.  102702. Crime prevention assistance (a)  Recommendations for Improvement The Secretary shall direct the chief official responsible for law enforcement within the Service to (1) compile a list of System units with the highest rates of violent crime; (2) make recommendations concerning capital improvements, and other measures, needed within the System to reduce the rates of violent crime, including the rate of sexual assault; and (3) publish the information required by paragraphs (1) and (2) in the Federal Register. (b)  Distribution of Funds Based on the recommendations and list issued pursuant to subsection (a), the Secretary shall distribute the funds authorized by subsection (d) throughout the System. Priority shall be given to areas with the highest rates of sexual assault. (c)  Use of Funds Funds provided under this section may be used (1) to increase lighting within or adjacent to System units; (2) to provide emergency phone lines to contact law enforcement or security personnel in areas within or adjacent to System units; (3) to increase security or law enforcement personnel within or adjacent to System units; or (4) for any other project intended to increase the security and safety of System units. (d)  Authorization of Appropriations There is authorized to be appropriated out of the Violent Crime Reduction Trust Fund not more than $10,000,000 for the Secretary to take all necessary actions to seek to reduce the incidence of violent crime in the System. ( Pub. L. 113287,  3 Dec. 19, 2014 128 Stat. 3161        Historical and Revision Notes  Revised Section Source (U.S. Code) Source (Statutes at Large)  102702 16 U.S.C. 1a7a Pub. L. 91383,  13 Pub. L. 103322, title IV,  40132 Sept. 13, 1994 108 Stat. 1917 SUBCHAPTER II EMERGENCY ASSISTANCE  102711. Authority of Secretary to use applicable appropriations for the System to render assistance to nearby law enforcement and fire prevention agencies and for related activities outside the System  To facilitate the administration of the System, the Secretary may use applicable appropriations for the System to render emergency rescue, firefighting, and cooperative assistance to nearby law enforcement and fire prevention agencies and for related purposes outside the System. ( Pub. L. 113287,  3 Dec. 19, 2014 128 Stat. 3162        Historical and Revision Notes  Revised Section Source (U.S. Code) Source (Statutes at Large)  102711 16 U.S.C. 1b Aug. 8, 1953, ch. 384,  1 67 Stat. 495 Pub. L. 91383,  2(a) Aug. 18, 1970 84 Stat. 826 The words and he may use applicable appropriations for the aforesaid system for the following purposes are retained because the appropriation is to be used for something outside the System.  102712. Aid to visitors, grantees, permittees, or licensees in emergencies (a)  Visitors The Secretary may aid visitors within a System unit in an emergency, when no other source is available for the procurement of food or supplies, by the sale, at cost, of food or supplies in quantities sufficient to enable the visitors to reach safely a point where food or supplies can be purchased. Receipts from the sales shall be deposited as a refund to the appropriation current at the date of the deposit and shall be available for the purchase of similar food or supplies. (b)  Grantees, Permittees, and Licensees The Secretary may in an emergency, when no other source is available for the immediate procurement of supplies, materials, or special services, aid grantees, permittees, or licensees conducting operations for the benefit of the public in a System unit by the sale, at cost, including transportation and handling, of supplies, materials, or special services as may be necessary to relieve the emergency and ensure uninterrupted service to the public. Receipts from the sales shall be deposited as a refund to the appropriation current at the date of the deposit and shall be available for expenditure for System unit purposes. ( Pub. L. 113287,  3 Dec. 19, 2014 128 Stat. 3162        Historical and Revision Notes  Revised Section Source (U.S. Code) Source (Statutes at Large)  102712(a) 16 U.S.C. 12 July 3, 1926, ch. 792,  1 44 Stat. 900 102712(b) 16 U.S.C. 17c May 26, 1930, ch. 324,  4 46 Stat. 382 Statutory Notes and Related Subsidiaries Fees for Medical Services Pub. L. 116260, div. G, title I,  118 Dec. 27, 2020 134 Stat. 1506 Beginning in fiscal year 2022 and for each fiscal year thereafter, fees collected pursuant to section 2404 of Public Law 1169 Pub. L. 1169, title II,  2404 Mar. 12, 2019 133 Stat. 747  (a)  Fees Authorized The Secretary [of the Interior] may establish and collect fees for medical services provided to persons in units of the National Park System or for medical services provided by National Park Service personnel outside units of the National Park System. (b)  National Park Medical Services Fund There is established in the Treasury a fund, to be known as the National Park Medical Services Fund (referred to in this section as the Fund). The Fund shall consist of (1) donations to the Fund; and (2) fees collected under subsection (a). (c)  Availability of Amounts All amounts deposited into the Fund shall be available to the Secretary, to the extent provided in advance by Acts of appropriation, for the following in units of the National Park System: (1) Services listed in subsection (a). (2) Preparing needs assessments or other programmatic analyses for medical facilities, equipment, vehicles, and other needs and costs of providing services listed in subsection (a). (3) Developing management plans for medical facilities, equipment, vehicles, and other needs and costs of services listed in subsection (a). (4) Training related to providing services listed in subsection (a). (5) Obtaining or improving medical facilities, equipment, vehicles, and other needs and costs of providing services listed in subsection (a). CHAPTER 1029 LAND TRANSFERS    Sec.  102901. Conveyance of property and interests in property in System units or related areas.  102901. Conveyance of property and interests in property in System units or related areas (a)  Freehold and Leasehold Interests With respect to any property acquired by the Secretary within a System unit or related area, except property within national parks or within national monuments of scientific significance, the Secretary may convey a freehold or leasehold interest in the property, subject to such terms and conditions as will ensure the use of the property in a manner that is, in the judgment of the Secretary, consistent with the purpose for which the System unit or related area was authorized by Congress. The Secretary shall convey the interest to the highest bidder, in accordance with such regulations as the Secretary may prescribe. The conveyance shall be at not less than the fair market value of the interest, as determined by the Secretary, except that if the conveyance is proposed within 2 years after the property to be conveyed is acquired by the Secretary, the Secretary shall allow the last owner of record of the property 30 days following the date on which the owner is notified by the Secretary in writing that the property is to be conveyed within which to notify the Secretary that the owner wishes to acquire the interest. On receiving the timely request, the Secretary shall convey the interest to the person, in accordance with such regulations as the Secretary may prescribe, on payment or agreement to pay an amount equal to the highest bid price. (b)  Exchange of Land. (1)  In general The Secretary may accept title to any non-Federal property or interest in property within a System unit or related area under the Secretarys administration in exchange for any Federally-owned property or interest under the Secretarys jurisdiction that the Secretary determines is suitable for exchange or other disposal and that is located in the same State as the non-Federal property to be acquired. (2)  Exception Timberland subject to harvest under a sustained yield program shall not be exchanged under paragraph (1). (3)  Public hearing On request of a State or a political subdivision thereof, or of a party in interest, prior to an exchange under this subsection the Secretary shall hold a public hearing in the area where the properties to be exchanged are located. (4)  Values of properties exchanged The values of the properties exchanged (A) shall be approximately equal; or (B) if they are not approximately equal, shall be equalized by the payment of cash to the grantor from funds appropriated for the acquisition of land for the area, or to the Secretary, as the circumstances require. (c)  Proceeds Credited to Land and Water Conservation Fund The proceeds received from any conveyance under this section shall be credited to the Land and Water Conservation Fund. ( Pub. L. 113287,  3 Dec. 19, 2014 128 Stat. 3162        Historical and Revision Notes  Revised Section Source (U.S. Code) Source (Statutes at Large)  102901(a), (b) 16 U.S.C. 460 l Pub. L. 90401,  5(a) July 15, 1968 82 Stat. 356 102901(c) 16 U.S.C. 460 l Pub. L. 90401,  5(d) July 15, 1968 82 Stat. 356 Pub. L. 98506,  2 Oct. 19, 1984 98 Stat. 2338 CHAPTER 1031 APPROPRIATIONS AND ACCOUNTING    Sec.  103101. Availability and use of appropriations.  103102. Appropriations authorized and available for certain purposes.  103103. Amounts provided by private entities for utility services.  103104. Recovery of costs associated with special use permits.  103101. Availability and use of appropriations (a)  Credits of Receipts for Meals and Quarters Furnished Federal Government Employees in the Field Cash collections and payroll deductions made for meals and quarters furnished by the Service to employees of the Federal Government in the field and to cooperating agencies may be credited as a reimbursement to the current appropriation for the administration of the System unit in which the accommodations are furnished. (b)  Availability for Expense of Recording Donated Land Appropriations made for the Service shall be available for any expenses incident to the preparation and recording of title evidence covering land to be donated to the United States for administration by the Service. (c)  Use of Funds for Law Enforcement and Emergencies. (1)  In general Funds, not to exceed $250,000 per incident, available to the Service may be used, with the approval of the Secretary, to (A) maintain law and order in emergency and other unforeseen law enforcement situations; and (B) conduct emergency search and rescue operations in the System. (2)  Replenishment of funds If the Secretary expends funds under paragraph (1), the funds shall be replenished by a supplemental appropriation for which the Secretary shall make a request as promptly as possible. (d)  Contribution for Annuity Benefits. (1)  In general Necessary amounts are appropriated for reimbursement, pursuant to the Policemen and Firemens Retirement and Disability Act amendments of 1957 ( Public Law 85157 71 Stat. 391 39 Stat. 718 (2)  Nonavailability of appropriations to the service Appropriations made to the Service are not available for the purpose of making reimbursements under paragraph (1). (e)  Waterproof Footwear Appropriations for the Service that are available for the purchase of equipment may be used for purchase of waterproof footwear, which shall be regarded and listed as System equipment. ( Pub. L. 113287,  3 Dec. 19, 2014 128 Stat. 3163        Historical and Revision Notes  Revised Section Source (U.S. Code) Source (Statutes at Large)  103101(a) 16 U.S.C. 14b May 9, 1935, ch. 101,  1 NATIONAL PARK SERVICE 49 Stat. 209  16 U.S.C. 456a 103101(b) 16 U.S.C. 14c June 28, 1941, ch. 259,  1 NATIONAL PARK SERVICE 55 Stat. 350 103101(c) 16 U.S.C. 14d Pub. L. 102381, title I administrative provisions National Park Service Oct. 5, 1992 106 Stat. 1384 Pub. L. 103332, title I administrative provisions National Park Service Sept. 30, 1994 108 Stat. 2507 103101(d) 16 U.S.C. 14e Pub. L. 10763, title I contribution for annuity benefits National Park Service Nov. 5, 2001 115 Stat. 424 103101(e) 16 U.S.C. 15 Mar. 7, 1928, ch. 137,  1 NATIONAL PARK SERVICE 45 Stat. 238 In subsection (a), the word Hereafter in section 1 (last paragraph on p. 209) of the Act of May 9, 1935 49 Stat. 209 In subsection (b), the word Hereafter in section 1 (6th complete paragraph on p. 350) of the Act of June 28, 1941 55 Stat. 350 In subsection (c), the words On and after October 5, 1992 In subsection (d), the words the Policemen and Firemens Retirement and Disability Act amendments of 1957 ( Public Law 85157 71 Stat. 391 Public Law 85157 39 Stat. 718 Public Law 85157 71 Stat. 399 In subsection (e), the words whenever made are omitted as obsolete. Editorial Notes  References in Text The Policemen and Firemens Retirement and Disability Act amendments of 1957, referred to in subsec. (d)(1), is Pub. L. 85157 Aug. 21, 1957 71 Stat. 391 The Policemen and Firemens Retirement and Disability Act, referred to in subsec. (d)(1), is act Sept. 1, 1916, ch. 433,  12 Pub. L. 85157,  3 Aug. 21, 1957 71 Stat. 391  103102. Appropriations authorized and available for certain purposes Appropriations for the Service are authorized and are available for (1) administration, protection, improvement, and maintenance of areas, under the jurisdiction of other Federal agencies, that are devoted to recreational use pursuant to cooperative agreements; (2) necessary local transportation and subsistence in kind of individuals selected for employment or as cooperators, serving without other compensation, while attending fire protection training camps; (3) administration, protection, maintenance, and improvement of the Chesapeake and Ohio Canal; (4) educational lectures in or in the vicinity of and with respect to System units, and services of field employees in cooperation with such nonprofit scientific and historical societies engaged in educational work in System units as the Secretary may designate; (5) travel expenses of employees attending (A) Federal Government camps for training in forest fire prevention and suppression; (B) the Federal Bureau of Investigation National Police Academy; and (C) Federal, State, or municipal schools for training in building fire prevention and suppression; (6) investigation and establishment of water rights in accordance with local custom, laws, and decisions of courts, including the acquisition of water rights or of land or interests in land or rights-of-way for use and protection of water rights necessary or beneficial in the administration and public use of System units; (7) official telephone service in the field in the case of official telephones installed in private houses when authorized under regulations established by the Secretary; and (8) provision of transportation for children in nearby communities to and from any System unit used in connection with organized recreation and interpretive programs of the Service. ( Pub. L. 113287,  3 Dec. 19, 2014 128 Stat. 3164        Historical and Revision Notes  Revised Section Source (U.S. Code) Source (Statutes at Large)  103102 16 U.S.C. 1d Aug. 8, 1953, ch. 384,  3 67 Stat. 496  16 U.S.C. 17j2(b)  Aug. 7, 1946, ch. 788 60 Stat. 885 Pub. L. 104333, div. I, title VIII,  802 Nov. 12, 1996 110 Stat. 4186 Before paragraph (1), the words On and after August 8, 1953 16 U.S.C. 1d  103103. Amounts provided by private entities for utility services  Notwithstanding any other provision of law, amounts provided to the Service by private entities for utility services shall be credited to the appropriate account and remain available until expended. ( Pub. L. 113287,  3 Dec. 19, 2014 128 Stat. 3165        Historical and Revision Notes  Revised Section Source (U.S. Code) Source (Statutes at Large)  103103 16 U.S.C. 1h Pub. L. 1087, div. F, title I administrative provisions National Park Service Feb. 20, 2003 117 Stat. 227 The words in fiscal year 2003 and thereafter are omitted as obsolete.  103104. Recovery of costs associated with special use permits  Notwithstanding any other provision of law, the Service may recover all costs of providing necessary services associated with special use permits. The reimbursements shall be credited to the appropriation current at that time. ( Pub. L. 113287,  3 Dec. 19, 2014 128 Stat. 3165        Historical and Revision Notes  Revised Section Source (U.S. Code) Source (Statutes at Large)  103104 16 U.S.C. 3a Pub. L. 103138, title I administrative provisions National Park Service Nov. 11, 1993 107 Stat. 1387 The words on and after November 11, 1993 CHAPTER 1033 NATIONAL MILITARY PARKS    Sec.  103301. Military maneuvers.  103302. Camps for military instruction.  103303. Performance of duties of commissions.  103304. Recovery of land withheld.  103305. Travel expenses incident to study of battlefields.  103306. Studies.  103301. Military maneuvers  To obtain practical benefits of great value to the country from the establishment of national military parks, the parks and their approaches are declared to be national fields for military maneuvers for the Regular Army or Regular Air Force and the National Guard or militia of the States. National military parks shall be opened for those purposes only in the discretion of the Secretary, and under such regulations as the Secretary may prescribe. ( Pub. L. 113287,  3 Dec. 19, 2014 128 Stat. 3165        Historical and Revision Notes  Revised Section Source (U.S. Code) Source (Statutes at Large)  103301 16 U.S.C. 411 May 15, 1896, ch. 182,  1 29 Stat. 120 July 26, 1947, ch. 343 61 Stat. 501 The words or Regular Air Force are added for consistency with section 103302 of the new title.  103302. Camps for military instruction (a)  Assembling of Forces and Detailing of Instructors The Secretary of the Army or Secretary of the Air Force, within the limits of appropriations that may be available for that purpose, may assemble in camp at such season of the year and for such period as the Secretary of the Army or Secretary of the Air Force may designate, at the field of military maneuvers, such portions of the military forces of the United States as the Secretary of the Army or Secretary of the Air Force may think best, to receive military instruction there. The Secretary of the Army of Secretary of the Air Force may detail instructors from the Regular Army or Regular Air Force, respectively, for those forces during their exercises. (b)  Regulations The Secretary of the Army or Secretary of the Air Force may prescribe regulations governing the assembling of the National Guard or militia of the States on the maneuvering grounds. ( Pub. L. 113287,  3 Dec. 19, 2014 128 Stat. 3165        Historical and Revision Notes  Revised Section Source (U.S. Code) Source (Statutes at Large)  103302 16 U.S.C. 412 May 15, 1896, ch. 182,  2 29 Stat. 121 July 26, 1947, ch. 343 61 Stat. 501 In this section, the words or Secretary of the Air Force and or Regular Air Force are added because certain functions, personnel, and property, insofar as they pertain to the Air Force, were transferred from the Secretary of the Army and Department of the Army to the Secretary of the Air Force and Department of the Air Force by Secretary of Defense Transfer Order Nos. 1, September 26, 1947 April 27, 1948 July 22, 1949 In subsection (b), the words and publish are omitted because of 44 U.S.C. 1505  103303. Performance of duties of commissions  The duties of commissions in charge of national military parks shall be performed under the direction of the Secretary. ( Pub. L. 113287,  3 Dec. 19, 2014 128 Stat. 3166        Historical and Revision Notes  Revised Section Source (U.S. Code) Source (Statutes at Large)  103303 16 U.S.C. 421 Aug. 24, 1912, ch. 355,  1 national military parks UNDER THE WAR DEPARTMENT 37 Stat. 442 July 26, 1947, ch. 343 61 Stat. 501 Section 103303 is substituted for 16 U.S.C. 421 June 10, 1933 July 28, 1933 section 901 of Title 5 OFFICE OF NATIONAL PARKS, BUILDINGS, AND RESERVATIONS section 1 of the Act of March 2, 1934 48 Stat. 389  103304. Recovery of land withheld (a)  Civil Action The United States may bring a civil action in the courts of the United States against a person to whom land lying within a national military park has been leased that refuses to give up possession of the land to the United States after the termination of the lease, and after possession has been demanded for the United States by the park superintendent, or against a person retaining possession of land lying within the boundary of a national military park that the person has sold to the United States for park purposes and received payment therefor, after possession of the land has been demanded for the United States by the park superintendent, to recover possession of the land withheld. The civil action shall be brought according to the statutes of the State in which the national military park is situated. (b)  Trespass A person described in subsection (a) shall be guilty of trespass. ( Pub. L. 113287,  3 Dec. 19, 2014 128 Stat. 3166        Historical and Revision Notes  Revised Section Source (U.S. Code) Source (Statutes at Large)  103304 16 U.S.C. 416 Mar. 3, 1897, ch. 372 29 Stat. 622 In subsection (a) the words any park commissioner are omitted as obsolete. See section 103303 of the new title. The words or code of practice are omitted as obsolete because of the Federal Rules of Civil Procedure (28 U.S.C. App.).  103305. Travel expenses incident to study of battlefields  Mileage of officers of the Army and actual expenses of civilian employees traveling on duty in connection with the studies, surveys, and field investigations of battlefields shall be paid from the appropriations made to meet expenses for those purposes. ( Pub. L. 113287,  3 Dec. 19, 2014 128 Stat. 3166        Historical and Revision Notes  Revised Section Source (U.S. Code) Source (Statutes at Large)  103305 16 U.S.C. 458 Mar. 8, 1928, ch. 152 45 Stat. 249  103306. Studies (a)  Study of Battlefields for Commemorative Purposes The Secretary of the Army may make studies and investigations and, where necessary, surveys of all battlefields within the continental limits of the United States on which troops of the United States or of the original 13 colonies have been engaged against a common enemy, with a view to preparing a general plan and such detailed projects as may be required for properly commemorating such battlefields or other adjacent points of historic and military interest. (b)  Inclusion of Estimate of Cost of Projected Surveys in Appropriation Estimates The Secretary of the Army shall include annually in the Department of the Interior appropriation estimates a list of the battlefields for which surveys or other field investigations are planned for the fiscal year in question, with the estimated cost of making each survey or other field investigation. (c)  Purchase of Real Estate for National Military Park Purposes No real estate shall be purchased for national military park purposes by the Federal Government unless a report on the real estate has been made by the Secretary of the Army through the President to Congress under subsection (d). (d)  Report to Congress The Secretary of the Army, through the President, shall annually submit to Congress a detailed report of progress made under this subchapter, with recommendations for further operations. ( Pub. L. 113287,  3 Dec. 19, 2014 128 Stat. 3166        Historical and Revision Notes  Revised Section Source (U.S. Code) Source (Statutes at Large)  103306(a) 16 U.S.C. 455 June 11, 1926, ch. 555 44 Stat. 726 July 26, 1947, ch. 343 61 Stat. 501 103306(b) 16 U.S.C. 455b 103306(c) 16 U.S.C. 455c 103306(d) 16 U.S.C. 455a In subsection (d), the words after December 1, 1926 CHAPTER 1035 NATIONAL PARK CENTENNIAL CHALLENGE FUND    Sec. 1 1  103501. Establishment.  103502. Signature projects and programs.  103503. Summary to Congress.  103501. Establishment (a)  In General There is established in the Treasury an account to be known as the National Park Centennial Challenge Fund. (b)  Deposits All amounts received by the United States each fiscal year from sales by the National Park Service of National Parks and Federal Recreational Lands Passes under section 805(b)(1) of the Federal Lands Recreation Enhancement Act that are in excess of $10,000,000 shall be deposited into the National Park Centennial Challenge Fund as offsetting collections and shall remain available to the Secretary until expended. (c)  Use of Funds Funds collected and deposited into the National Park Centennial Challenge Fund (1) shall be used for projects or programs approved by the Secretary to further the mission of the Service and to enhance the visitor experience in System units; (2) may not be used to acquire lands or interest in lands; and (3) may only be used if matched, on at least a 1-to-1 basis, by non-Federal donations (including funds and fairly valued durable goods and materials) to the Service for signature projects or programs. (d)  Limitation on Source of Funds for Matching Amounts derived from the Second Century Endowment for the National Park Service shall not be treated as non-Federal donations for purposes of subsection (c)(3). (Added Pub. L. 114289, title I,  101(a) Dec. 16, 2016 130 Stat. 1483  Editorial Notes  References in Text Section 805(b)(1) of the Federal Lands Recreation Enhancement Act, referred to in subsec. (b), is classified to section 6804(b)(1) of Title 16  103502. Signature projects and programs (a)  List The Secretary shall (1) develop a list of signature projects and programs eligible for funding from the National Park Centennial Challenge Fund; (2) submit the list developed pursuant to paragraph (1) to the Committees on Appropriations and Energy and Natural Resources in the United States Senate, and to the Committees on Appropriations and Natural Resources in the House of Representatives; and (3) prioritize deferred maintenance projects, physical improvements to visitor services facilities and trail maintenance. (b)  Updates The Secretary may, from time to time, as the Secretary finds appropriate, add any signature project or program to the list and provide notice of such addition as required by subsection (a). (Added Pub. L. 114289, title I,  101(a) Dec. 16, 2016 130 Stat. 1484  103503. Summary to Congress  The Secretary shall provide with the submission of the Presidents annual budget a summary of the status and funding of signature projects and programs. (Added Pub. L. 114289, title I,  101(a) Dec. 16, 2016 130 Stat. 1484 CHAPTERS 1035 1 1 Pub. L. 114289 RESERVED CHAPTER 1049 MISCELLANEOUS    Sec.  104901. Central warehouses at System units.  104902. Services or other accommodations for public.  104903. Care, removal, and burial of indigents.  104904. Hire of work animals, vehicles, and equipment with or without personal services.  104905. Preparation of mats for reproduction of photographs.  104906. Protection of right of individuals to bear arms.  104907. Limitation on extension or establishment of national parks in Wyoming.  104908. Bows in parks.  104909. Wildlife management in parks.  Editorial Notes Amendments 2019 Pub. L. 1169, title II Mar. 12, 2019 133 Stat. 752  104901. Central warehouses at System units (a)  Authority of Secretary The Secretary, in the administration of the System, may maintain central warehouses at System units. (b)  Appropriations. (1)  Availability Appropriations made for the administration, protection, maintenance, and improvement of System units shall be available for the purchase of supplies and materials to be kept in central warehouses for distribution at cost, including transportation and handling, to projects under specific appropriations. (2)  Transfers between appropriations. (A)  Authorization Transfers between the various appropriations made for System units are authorized for the purpose of charging the cost of supplies and materials, including transportation and handling, drawn from central warehouses maintained under this authority to the particular appropriation benefited. (B)  Availability of supplies and materials and transfers in subsequent years Supplies and materials that remain at the end of any fiscal year shall be continuously available for issuance during subsequent fiscal years and shall be charged for by transfers of funds between appropriations made for the administration, protection, maintenance, and improvement of System units for the fiscal year then current without decreasing the appropriations made for that fiscal year. (c)  Limitation on Purchase of Supplies and Materials Supplies and materials shall not be purchased solely for the purpose of increasing the value of storehouse stock beyond reasonable requirements for any current fiscal year. ( Pub. L. 113287,  3 Dec. 19, 2014 128 Stat. 3167        Historical and Revision Notes  Revised Section Source (U.S. Code) Source (Statutes at Large)  104901 16 U.S.C. 16 Apr. 18, 1930, ch. 187 46 Stat. 219  104902. Services or other accommodations for public  The Secretary may contract for services or other accommodations provided in System units for the public under contract with the Department of the Interior, as may be required in the administration of the Service, at rates approved by the Secretary for the furnishing of those services or accommodations to the Federal Government and without compliance with section 6101 of title 41 ( Pub. L. 113287,  3 Dec. 19, 2014 128 Stat. 3167        Historical and Revision Notes  Revised Section Source (U.S. Code) Source (Statutes at Large)  104902 16 U.S.C. 17b  May 26, 1930, ch. 324,  3 46 Stat. 382  104903. Care, removal, and burial of indigents  The Secretary may provide, out of amounts appropriated for the general expenses of System units, for the temporary care and removal from a System unit of indigents, and in case of death to provide for their burial in System units not under local jurisdiction for these purposes. This section does not authorize transportation of indigents or deceased for a distance of more than 50 miles from the System unit. ( Pub. L. 113287,  3 Dec. 19, 2014 128 Stat. 3168        Historical and Revision Notes  Revised Section Source (U.S. Code) Source (Statutes at Large)  104903 16 U.S.C. 17e May 26, 1930, ch. 324,  6 46 Stat. 382  104904. Hire of work animals, vehicles, and equipment with or without personal services  The Secretary may hire, with or without personal services, work animals and animal-drawn and motor-propelled vehicles and equipment at rates to be approved by the Secretary and without compliance with section 6101 of title 41 ( Pub. L. 113287,  3 Dec. 19, 2014 128 Stat. 3168        Historical and Revision Notes  Revised Section Source (U.S. Code) Source (Statutes at Large)  104904 16 U.S.C. 17i May 26, 1930, ch. 324,  10 46 Stat. 383 The word Secretary is substituted for National Park Service to reflect the transfer of functions of other officers, employees, and agencies of the Department of the Interior to the Secretary by sections 1 and 2 of Reorganization Plan No. 3 of 1950 (5 U.S.C. App.). The reference to section 16 of title 41 41 U.S.C. 16 October 21, 1941 55 Stat. 743  104905. Preparation of mats for reproduction of photographs  The Secretary shall prepare mats that may be used for the reproduction in magazines and newspapers of photographs of scenery in a System unit that, in the opinion of the Secretary, would be of interest to the people of the United States and foreign nations. The mats may be furnished, without charge and under regulations the Secretary may prescribe, to the publishers of magazines, newspapers, and any other publications that may carry photographic reproductions. ( Pub. L. 113287,  3 Dec. 19, 2014 128 Stat. 3168        Historical and Revision Notes  Revised Section Source (U.S. Code) Source (Statutes at Large)  104905 16 U.S.C. 458a Aug. 27, 1940, ch. 690,  1 54 Stat. 861  104906. Protection of right of individuals to bear arms (a)  Findings Congress finds the following: (1) The 2d amendment to the Constitution provides that the right of the people to keep and bear Arms, shall not be infringed. (2) Section 2.4(a)(1) of title 36, Code of Federal Regulations, provides that except as otherwise provided in this section and parts 7 (special regulations) and 13 (Alaska regulations), the following are prohibited: (i) Possessing a weapon, trap or net (ii) Carrying a weapon, trap or net (iii) Using a weapon, trap or net. (3) The regulations described in paragraph (2) prevent individuals complying with Federal and State laws from exercising the 2d amendment rights of the individuals while at System units. (4) The existence of different laws relating to the transportation and possession of firearms at different System units entrapped law-abiding gun owners while at System units. (5) Although the Bush administration issued new regulations relating to the 2d amendment rights of law-abiding citizens in System units that went into effect on January 9, 2009 (A) on March 19, 2009 (B) the new regulations (i) are under review by the Obama administration; and (ii) may be altered. (6) Congress needs to weigh in on the new regulations to ensure that unelected bureaucrats and judges cannot again override the 2d amendment rights of law-abiding citizens on 83,600,000 acres of System land. (7) Federal laws should make it clear that the 2d amendment rights of an individual at a System unit should not be infringed. (b)  Protection of Right of Individuals To Bear Arms in System Units The Secretary shall not promulgate or enforce any regulation that prohibits an individual from possessing a firearm, including an assembled or functional firearm, in any System unit if (1) the individual is not otherwise prohibited by law from possessing the firearm; and (2) the possession of the firearm is in compliance with the law of the State in which the System unit is located. ( Pub. L. 113287,  3 Dec. 19, 2014 128 Stat. 3168        Historical and Revision Notes  Revised Section Source (U.S. Code) Source (Statutes at Large)  104906 16 U.S.C. 1a7b Pub. L. 11124, title V,  512 May 22, 2009 123 Stat. 1764 In subsection (a)(5)(B)(i), the words the Obama administration are substituted for the administration for clarity.  104907. Limitation on extension or establishment of national parks in Wyoming  No extension or establishment of national parks in Wyoming may be undertaken except by express authorization of Congress. ( Pub. L. 113287,  3 Dec. 19, 2014 128 Stat. 3169        Historical and Revision Notes  Revised Section Source (U.S. Code) Source (Statutes at Large)  104907 16 U.S.C. 451a Sept. 14, 1950, ch. 950,  1 64 Stat. 849 The word further is omitted as obsolete.  104908. Bows in parks (a)  Definition of Not Ready for Immediate Use The term not ready for immediate use means (1) a bow or crossbow, the arrows of which are secured or stowed in a quiver or other arrow transport case; and (2) with respect to a crossbow, uncocked. (b)  Vehicular Transportation Authorized The Director shall not promulgate or enforce any regulation that prohibits an individual from transporting bows and crossbows that are not ready for immediate use across any System unit in the vehicle of the individual if (1) the individual is not otherwise prohibited by law from possessing the bows and crossbows; (2) the bows or crossbows that are not ready for immediate use remain inside the vehicle of the individual throughout the period during which the bows or crossbows are transported across System land; and (3) the possession of the bows and crossbows is in compliance with the law of the State in which the System unit is located. (Added Pub. L. 1169, title II,  2409(a) Mar. 12, 2019 133 Stat. 751  104909. Wildlife management in parks (a)  Use of Qualified Volunteers If the Secretary determines it is necessary to reduce the size of a wildlife population on System land in accordance with applicable law (including regulations), the Secretary may use qualified volunteers to assist in carrying out wildlife management on System land. (b)  Requirements for Qualified Volunteers Qualified volunteers providing assistance under subsection (a) shall be subject to (1) any training requirements or qualifications established by the Secretary; and (2) any other terms and conditions that the Secretary may require. (c)  Donations The Secretary may authorize the donation and distribution of meat from wildlife management activities carried out under this section, including the donation and distribution to Indian Tribes, qualified volunteers, food banks, and other organizations that work to address hunger, in accordance with applicable health guidelines and such terms and conditions as the Secretary may require. (Added Pub. L. 1169, title II,  2410(a) Mar. 12, 2019 133 Stat. 752 DIVISION B SYSTEM UNITS AND RELATED AREASRESERVED DIVISION C NATIONAL HERITAGE AREAS CHAPTER 1201 NATIONAL HERITAGE AREA SYSTEM    Sec.  120101. Definition of National Heritage Area.  120102. Establishment of National Heritage Area System.  120103. National Heritage Area studies and designation.  120104. Evaluation.  120101. Definition of National Heritage Area  In this chapter, the term National Heritage Area means a component of the National Heritage Area System described in section 120102(b). (Added Pub. L. 117339,  2(a) Jan. 5, 2023 136 Stat. 6158  Statutory Notes and Related Subsidiaries Private Property and Regulatory Protections Pub. L. 117339,  2(b)(1) Jan. 5, 2023 136 Stat. 6162  (1)  In general Nothing in this section [enacting this chapter, amending provisions listed in a table of National Heritage and River Corridors, a table of National Heritage Areas, and a table of National Heritage Canalways set out under section 120102 of this title section 120102 of this title (A) abridges any right of a public or private property owner, including the right to refrain from participating in any plan, project, program, or activity conducted within a National Heritage Area; (B) requires any property owner to permit public access (including Federal, State, Tribal government, or local government access) to a property; (C) modifies any provision of Federal, State, Tribal, or local law with respect to public access or use of private land; (D) (i) alters any applicable land use regulation, land use plan, or other regulatory authority of any Federal, State, or local agency or Tribal government; or (ii) conveys to any local coordinating entity any land use or other regulatory authority; (E) authorizes or implies the reservation or appropriation of water or water rights; (F) diminishes the authority of a State to manage fish and wildlife, including through the regulation of fishing and hunting within a National Heritage Area in the State; or (G) creates or affects any liability (i) under any other provision of law; or (ii) of any private property owner with respect to any person injured on private property.  120102. Establishment of National Heritage Area System (a)  In General To recognize certain areas of the United States that tell nationally significant stories and to conserve, enhance, and interpret those nationally significant stories and the natural, historic, scenic, and cultural resources of areas that illustrate significant aspects of the heritage of the United States, there is established a National Heritage Area System through the administration of which the Secretary may provide technical and financial assistance to local coordinating entities to support the establishment, development, and continuity of the National Heritage Areas. (b)  National Heritage Area System Components The National Heritage Area System shall be composed of (1) each National Heritage Area, National Heritage Corridor, National Heritage Canalway, Cultural Heritage Corridor, National Heritage Route, and National Heritage Partnership designated by Congress before or on the date of enactment of this chapter; and (2) each National Heritage Area designated by Congress after the date of enactment of this chapter. (c)  Relationship to the System. (1)  Relationship to system units The Secretary shall (A) ensure, to the maximum extent practicable, participation and assistance by any administrator of the System unit that is located near or encompassed by a National Heritage Area in local initiatives for the National Heritage Area to conserve and interpret resources consistent with the applicable management plan for the National Heritage Area; and (B) work with local coordinating entities to promote public enjoyment of System units and System-related resources. (2)  Treatment. (A)  In general A National Heritage Area shall not be (i) considered to be a System unit; or (ii) subject to the authorities applicable to System units. (B)  Effect Nothing in this paragraph affects the administration of a System unit located within the boundaries of a National Heritage Area. (d)  Authorities In carrying out this chapter, the Secretary may (1) conduct or review, as applicable, feasibility studies in accordance with section 120103(a); (2) conduct an evaluation of the accomplishments of, and submit to Congress a report that includes recommendations regarding the role of the Service with respect to, each National Heritage Area, in accordance with section 120104; (3) enter into cooperative agreements with other Federal agencies, States, Tribal governments, local governments, local coordinating entities, and other interested individuals and entities to achieve the purposes of the National Heritage Area System; (4) provide information, promote understanding, and encourage research regarding National Heritage Areas, in partnership with local coordinating entities; and (5) provide national oversight, analysis, coordination, technical and financial assistance, and support to ensure consistency and accountability of the National Heritage Area System. (Added Pub. L. 117339,  2(a) Jan. 5, 2023 136 Stat. 6158  Editorial Notes  References in Text The date of enactment of this chapter, referred to in subsec. (b), is the date of enactment of Pub. L. 117339 Jan. 5, 2023 Statutory Notes and Related Subsidiaries      National Heritage Areas   Abraham Lincoln National Heritage Area, Illinois. Pub. L. 110229, title IV May 8, 2008 122 Stat. 818824 Pub. L. 1169, title VI,  6002 Mar. 12, 2019 133 Stat. 776 Pub. L. 117328, div. G, title I,  118(e) Dec. 29, 2022 136 Stat. 4788 Pub. L. 117339,  5(a)(33) Jan. 5, 2023 136 Stat. 6170 Alabama Black Belt National Heritage Area, Alabama. Pub. L. 1169, title VI,  6001(a)(7) Pub. L. 117339,  4(a) Jan. 5, 2023 136 Stat. 6163 Appalachian Forest National Heritage Area, Maryland and West Virginia. Pub. L. 1169, title VI,  6001(a)(1) Mar. 12, 2019 133 Stat. 768 Arabia Mountain National Heritage Area, Georgia. Pub. L. 109338, title II Oct. 12, 2006 120 Stat. 17951800 Pub. L. 117103, div. G, title I,  119 l Mar. 15, 2022 136 Stat. 378 Pub. L. 117339,  5(a)(25) Jan. 5, 2023 136 Stat. 6169 Atchafalaya National Heritage Area, Louisiana. Pub. L. 109338, title II Oct. 12, 2006 120 Stat. 17911795 Pub. L. 117103, div. G, title I,  119 l Mar. 15, 2022 136 Stat. 378 Pub. L. 117339,  5(a)(24) Jan. 5, 2023 136 Stat. 6168 Augusta Canal National Heritage Area, Georgia. Pub. L. 104333, div. II, title III Nov. 12, 1996 110 Stat. 4249 Pub. L. 106176, title II,  203 Mar. 10, 2000 114 Stat. 31 Pub. L. 110229, title IV,  461 May 8, 2008 122 Stat. 824 Pub. L. 1136, div. F, title IV,  1404(a) Mar. 26, 2013 127 Stat. 420 Pub. L. 11376, div. G, title I,  119(a) Jan. 17, 2014 128 Stat. 314 Pub. L. 114113, div. G, title I,  116(b)(2) Dec. 18, 2015 129 Stat. 2551 Pub. L. 115141, div. G, title I,  117(a) Mar. 23, 2018 132 Stat. 661 Pub. L. 1166, div. E, title I,  117 Feb. 15, 2019 133 Stat. 233 Pub. L. 1169, title VI,  6004(h) Mar. 12, 2019 133 Stat. 778 Pub. L. 117103, div. G, title I,  119(e)(7) Mar. 15, 2022 136 Stat. 378 Pub. L. 117339,  5(a)(7) Jan. 5, 2023 136 Stat. 6166 Automobile National Heritage Area (see MotorCities National Heritage Area, Michigan). Baltimore National Heritage Area, Maryland. Pub. L. 11111, title VIII,  8005 Mar. 30, 2009 123 Stat. 1247 Pub. L. 114289, title VI,  601(b) Dec. 16, 2016 130 Stat. 1490 Pub. L. 117339,  5(a)(40) Jan. 5, 2023 136 Stat. 6170 Blue Ridge National Heritage Area, North Carolina. Pub. L. 108108, title I,  140 Nov. 10, 2003 117 Stat. 1274 Pub. L. 11531, div. G, title I,  115(a) May 5, 2017 131 Stat. 461 Pub. L. 115141, div. G, title I,  117(b) Mar. 23, 2018 132 Stat. 661 Pub. L. 1169, title VI,  6004(d) Mar. 12, 2019 133 Stat. 778 Pub. L. 117103, div. G, title I,  119(k) Mar. 15, 2022 136 Stat. 378 Pub. L. 117339 Jan. 5, 2023 136 Stat. 6168 Bronzeville-Black Metropolis National Heritage Area, Illinois. Pub. L. 1169, title VI,  6001(a)(8) Pub. L. 117339,  4(a) Jan. 5, 2023 136 Stat. 6164 Cache La Poudre River National Heritage Area, Colorado. Pub. L. 11111, title VIII,  8002 Mar. 30, 2009 123 Stat. 1229 Pub. L. 117339,  5(a)(37) Jan. 5, 2023 136 Stat. 6170 Cane River National Heritage Area, Louisiana.[See 16 U.S.C. 410ccc21 Crossroads of the American Revolution National Heritage Area, New Jersey. Pub. L. 109338, title II Oct. 12, 2006 120 Stat. 18371844 Pub. L. 11111, title VII,  7116(i) Mar. 30, 2009 123 Stat. 1203 Pub. L. 117103, div. G, title I,  119 l Mar. 15, 2022 136 Stat. 378 Pub. L. 117339,  5(a)(32) Jan. 5, 2023 136 Stat. 6170 Downeast Maine National Heritage Area, Maine. Pub. L. 1169, title VI,  6001(a)(9) Pub. L. 117339,  4(a) Jan. 5, 2023 136 Stat. 6164 Essex National Heritage Area, Massachusetts. Pub. L. 104333, div. II, title V Nov. 12, 1996 110 Stat. 4257 Pub. L. 106176, title II,  204 Mar. 10, 2000 114 Stat. 31 Pub. L. 110229, title IV,  461 May 8, 2008 122 Stat. 824 Pub. L. 1136, div. F, title IV,  1404(a) Mar. 26, 2013 127 Stat. 420 Pub. L. 11376, div. G, title I,  119(a) Jan. 17, 2014 128 Stat. 314 Pub. L. 113291, div. B, title XXX,  3052(a)(1)(B)(iii) Dec. 19, 2014 128 Stat. 3801 Pub. L. 114113, div. G, title I,  116(b)(1) Dec. 18, 2015 129 Stat. 2550 Pub. L. 1169, title VI,  6004(b) Mar. 12, 2019 133 Stat. 778 Pub. L. 117103, div. G, title I,  119(e)(3) Mar. 15, 2022 136 Stat. 378 Pub. L. 117339 Jan. 5, 2023 136 Stat. 6167 Freedoms Frontier National Heritage Area, Kansas and Missouri. Pub. L. 109338, title II Oct. 12, 2006 120 Stat. 18071813 Pub. L. 117103, div. G, title I,  119 l Mar. 15, 2022 136 Stat. 378 Pub. L. 117339,  5(a)(27) Jan. 5, 2023 136 Stat. 6169 Freedoms Way National Heritage Area, Massachusetts and New Hampshire. Pub. L. 11111, title VIII,  8006 Mar. 30, 2009 123 Stat. 1253 Pub. L. 117339,  5(a)(41) Jan. 5, 2023 136 Stat. 6171 Great Basin National Heritage Area [formerly Great Basin National Heritage Route], Nevada and Utah. Pub. L. 109338, title II Oct. 12, 2006 120 Stat. 18241831 Pub. L. 117103, div. G, title I,  119 l Mar. 15, 2022 136 Stat. 378 Pub. L. 117339 Jan. 5, 2023 136 Stat. 6169 Hudson River Valley National Heritage Area (see Maurice D. Hinchey Hudson River Valley National Heritage Area, New York). Journey Through Hallowed Ground National Heritage Area, Maryland, Pennsylvania, Virginia, West Virginia. Pub. L. 110229, title IV May 8, 2008 122 Stat. 802809 Pub. L. 117328, div. G, title I,  118(e) Dec. 29, 2022 136 Stat. 4788 Pub. L. 117339,  5(a)(34) Jan. 5, 2023 136 Stat. 6170 Kenai Mountains-Turnagain Arm National Heritage Area, Alaska. Pub. L. 11111, title VIII,  8010 Mar. 30, 2009 123 Stat. 1282 Pub. L. 117339,  5(a)(45) Jan. 5, 2023 136 Stat. 6171 Lackawanna Valley National Heritage Area, Pennsylvania. Pub. L. 106278, title I Oct. 6, 2000 114 Stat. 814 Pub. L. 108352,  2 Oct. 21, 2004 118 Stat. 1395 Pub. L. 1136, div. F, title IV,  1404(d) Mar. 26, 2013 127 Stat. 420 Pub. L. 11376, div. G, title I,  119(d) Jan. 17, 2014 128 Stat. 314 Pub. L. 113291, div. B, title XXX,  3052(a)(1)(D)(i) Dec. 19, 2014 128 Stat. 3802 Pub. L. 116260, div. G, title I,  113(b) Dec. 27, 2020 134 Stat. 1505 Pub. L. 117103, div. G, title I,  119(g)(1) Mar. 15, 2022 136 Stat. 378 Pub. L. 117339 Jan. 5, 2023 136 Stat. 6163 Maritime Washington National Heritage Area, Washington. Pub. L. 1169, title VI,  6001(a)(2) Mar. 12, 2019 133 Stat. 769 Maurice D. Hinchey Hudson River Valley National Heritage Area [formerly Hudson River Valley National Heritage Area], New York. Pub. L. 104333, div. II, title IX Nov. 12, 1996 110 Stat. 4275 Pub. L. 10583, title III Nov. 14, 1997 111 Stat. 1595 Pub. L. 106176, title II,  206 Mar. 10, 2000 114 Stat. 31 Pub. L. 110229, title IV,  461 May 8, 2008 122 Stat. 824 Pub. L. 1136, div. F, title IV,  1404(a) Mar. 26, 2013 127 Stat. 420 Pub. L. 11376, div. G, title I,  119(a) Jan. 17, 2014 128 Stat. 314 Pub. L. 113291, div. B, title XXX,  3052(a)(1)(B)(vi) Dec. 19, 2014 128 Stat. 3801 Pub. L. 1169, title VI,  6004(k) Mar. 12, 2019 133 Stat. 779 Pub. L. 117103, div. G, title I,  119(e)(6) Mar. 15, 2022 136 Stat. 378 Pub. L. 117339 Jan. 5, 2023 136 Stat. 6163 Mississippi Delta National Heritage Area, Mississippi. Pub. L. 11111, title VIII,  8008 Mar. 30, 2009 123 Stat. 1267 Pub. L. 117339,  5(a)(43) Jan. 5, 2023 136 Stat. 6171 Mississippi Gulf Coast National Heritage Area, Mississippi. Pub. L. 108447, div. J, title VII Dec. 8, 2004 118 Stat. 3374 Mississippi Hills National Heritage Area, Mississippi. Pub. L. 11111, title VIII,  8007 Mar. 30, 2009 123 Stat. 1260 Pub. L. 117339,  5(a)(42) Jan. 5, 2023 136 Stat. 6171 Mormon Pioneer National Heritage Area, Utah. Pub. L. 109338, title II Oct. 12, 2006 120 Stat. 18001807 Pub. L. 117103, div. G, title I,  119 l Mar. 15, 2022 136 Stat. 378 Pub. L. 117339,  5(a)(26) Jan. 5, 2023 136 Stat. 6169 MotorCities National Heritage Area [formerly Automobile National Heritage Area], Michigan. Pub. L. 105355, title I Nov. 6, 1998 112 Stat. 3247 Pub. L. 113291, div. B, title XXX,  3052(a)(1)(C) Dec. 19, 2014 128 Stat. 3802 Pub. L. 1169, title VI,  6004(e) Mar. 12, 2019 133 Stat. 778 Pub. L. 117103, div. G, title I,  119(f) Mar. 15, 2022 136 Stat. 378 Pub. L. 117339 Jan. 5, 2023 136 Stat. 6163 Mountains to Sound Greenway National Heritage Area, Washington. Pub. L. 1169, title VI,  6001(a)(3) Mar. 12, 2019 133 Stat. 769 Muscle Shoals National Heritage Area, Alabama. Pub. L. 11111, title VIII,  8009 Mar. 30, 2009 123 Stat. 1275 Pub. L. 114289, title VI,  601(h) Dec. 16, 2016 130 Stat. 1491 Pub. L. 117339,  5(a)(44) Jan. 5, 2023 136 Stat. 6171 National Aviation Heritage Area, Ohio. Pub. L. 108447, div. J, title V Dec. 8, 2004 118 Stat. 3361 Pub. L. 11111, title VII,  7117(d) Mar. 30, 2009 123 Stat. 1204 Pub. L. 11694, div. D, title I,  113(a) Dec. 20, 2019 133 Stat. 2713 Pub. L. 117328, div. G, title I,  118(f) Dec. 29, 2022 136 Stat. 4789 Pub. L. 117339,  5(a)(21) Jan. 5, 2023 136 Stat. 6168 National Coal Heritage Area, West Virginia. Pub. L. 104333, div. II, title I Nov. 12, 1996 110 Stat. 4243 Pub. L. 106176, title II,  201 Mar. 10, 2000 114 Stat. 31 Pub. L. 109338, title IX,  901 Oct. 12, 2006 120 Stat. 1862 Pub. L. 110229, title IV May 8, 2008 122 Stat. 824 Pub. L. 1136, div. F, title IV,  1404(a) Mar. 26, 2013 127 Stat. 420 Pub. L. 11376, div. G, title I,  119(a) Jan. 17, 2014 128 Stat. 314 Pub. L. 113291, div. B, title XXX,  3052(a)(1)(B)(i) Dec. 19, 2014 128 Stat. 3801 Pub. L. 117103, div. G, title I,  119(e)(1) Mar. 15, 2022 136 Stat. 378 Pub. L. 117328, div. G, title I,  118(f) Dec. 29, 2022 136 Stat. 4789 Pub. L. 117339 Jan. 5, 2023 136 Stat. 6163 Niagara Falls National Heritage Area, New York. Pub. L. 110229, title IV May 8, 2008 122 Stat. 809818 Pub. L. 117328, div. G, title I,  118(e) Dec. 29, 2022 136 Stat. 4788 Pub. L. 117339,  5(a)(35) Jan. 5, 2023 136 Stat. 6170 Northern Neck National Heritage Area, Virginia. Pub. L. 1169, title VI,  6001(a)(10) Pub. L. 117339,  4(a) Jan. 5, 2023 136 Stat. 6164 Northern Plains National Heritage Area, North Dakota. Pub. L. 11111, title VIII,  8004 Mar. 30, 2009 123 Stat. 1240 Pub. L. 11188, div. A, title I,  120 Oct. 30, 2009 123 Stat. 2929 Pub. L. 117339 Jan. 5, 2023 136 Stat. 6162 Northern Rio Grande National Heritage Area, New Mexico. Pub. L. 109338, title II Oct. 12, 2006 120 Stat. 17871790 Pub. L. 117103, div. G, title I,  119 l Mar. 15, 2022 136 Stat. 378 Pub. L. 117339,  5(a)(23) Jan. 5, 2023 136 Stat. 6168 Oil Region National Heritage Area, Pennsylvania. Pub. L. 108447, div. J, title VI Dec. 8, 2004 118 Stat. 3368 Pub. L. 1169, title VI,  6004(j) Mar. 12, 2019 133 Stat. 779 Pub. L. 11694, div. D, title I,  113(b) Dec. 20, 2019 133 Stat. 2713 Pub. L. 117328, div. G, title I,  118(g) Dec. 29, 2022 136 Stat. 4789 Pub. L. 117339,  5(a)(22) Jan. 5, 2023 136 Stat. 6168 Rivers of Steel National Heritage Area [formerly Steel Industry American Heritage Area], Pennsylvania. Pub. L. 104333, div. II, title IV Nov. 12, 1996 110 Stat. 4252 Pub. L. 106113, div. B,  1000(a)(3) [title I,  116] Nov. 29, 1999 113 Stat. 1535 Pub. L. 110229, title IV May 8, 2008 122 Stat. 824 Pub. L. 1136, div. F, title IV,  1404(a) Mar. 26, 2013 127 Stat. 420 Pub. L. 11376, div. G, title I,  119(a) Jan. 17, 2014 128 Stat. 314 Pub. L. 113291, div. B, title XXX,  3052(a)(1)(B)(ii) Dec. 19, 2014 128 Stat. 3801 Pub. L. 114113, div. G, title I,  116(b)(1) Dec. 18, 2015 129 Stat. 2550 Pub. L. 1169, title VI,  6004(a) Mar. 12, 2019 133 Stat. 778 Pub. L. 117103, div. G, title I,  119(e)(2) Mar. 15, 2022 136 Stat. 378 Pub. L. 117328, div. G, title I,  118(b) Dec. 29, 2022 136 Stat. 4788 Pub. L. 117339 Jan. 5, 2023 136 Stat. 6163 Sacramento-San Joaquin Delta National Heritage Area, California. Pub. L. 1169, title VI,  6001(a)(4) Mar. 12, 2019 133 Stat. 770 St. Croix National Heritage Area, U.S. Virgin Islands. Pub. L. 1169, title VI,  6001(a)(11) Pub. L. 117339,  4(a) Jan. 5, 2023 136 Stat. 6165 Sangre de Cristo National Heritage Area, Colorado. Pub. L. 11111, title VIII,  8001 Mar. 30, 2009 123 Stat. 1224 Pub. L. 117339,  5(a)(36) Jan. 5, 2023 136 Stat. 6170 Santa Cruz Valley National Heritage Area, Arizona. Pub. L. 1169, title VI,  6001(a)(5) Mar. 12, 2019 133 Stat. 771 Schuylkill River Valley National Heritage Area, Pennsylvania. Pub. L. 106278, title II Oct. 6, 2000 114 Stat. 819 Pub. L. 113291, div. B, title XXX,  3052(a)(1)(D)(ii) Dec. 19, 2014 128 Stat. 3802 Pub. L. 117103, div. G, title I,  119(g)(2) o Mar. 15, 2022 136 Stat. 378 Pub. L. 117339 Jan. 5, 2023 136 Stat. 6163 Silos & Smokestacks National Heritage Area [formerly Americas Agricultural Heritage Partnership], Iowa. Pub. L. 104333, div. II, title VII Nov. 12, 1996 110 Stat. 4264 Pub. L. 106176, title III,  309 Mar. 10, 2000 114 Stat. 34 Pub. L. 110229, title IV,  461 May 8, 2008 122 Stat. 824 Pub. L. 1136, div. F, title IV,  1404(a) Mar. 26, 2013 127 Stat. 420 Pub. L. 11376, div. G, title I,  119(a) Jan. 17, 2014 128 Stat. 314 Pub. L. 113291, div. B, title XXX,  3052(a)(1)(B)(iv) Dec. 19, 2014 128 Stat. 3801 Pub. L. 116260, div. G, title I,  113(a) Dec. 27, 2020 134 Stat. 1505 Pub. L. 117103, div. G, title I,  119(e)(4) Mar. 15, 2022 136 Stat. 378 Pub. L. 117339 Jan. 5, 2023 136 Stat. 6167 Southern Maryland National Heritage Area, Maryland. Pub. L. 1169, title VI,  6001(a)(13) Pub. L. 117339,  4(a) Jan. 5, 2023 136 Stat. 6165 South Park National Heritage Area, Colorado. Pub. L. 11111, title VIII,  8003 Mar. 30, 2009 123 Stat. 1235 Pub. L. 117339,  5(a)(38) Jan. 5, 2023 136 Stat. 6170 Steel Industry American Heritage Area (see Rivers of Steel National Heritage Area, Pennsylvania). Susquehanna National Heritage Area, Pennsylvania. Pub. L. 1169, title VI,  6001(a)(6) Mar. 12, 2019 133 Stat. 771 Tennessee Civil War Heritage Area, Tennessee. Pub. L. 104333, div. II, title II Nov. 12, 1996 110 Stat. 4245 Pub. L. 106176, title II,  202 Mar. 10, 2000 114 Stat. 31 Pub. L. 110229, title IV,  461 May 8, 2008 122 Stat. 824 Pub. L. 1136, div. F, title IV,  1404(a) Mar. 26, 2013 127 Stat. 420 Pub. L. 11376, div. G, title I,  119(a) Jan. 17, 2014 128 Stat. 314 Pub. L. 114113, div. G, title I,  116(b)(2) Dec. 18, 2015 129 Stat. 2551 Pub. L. 115141, div. G, title I,  117(a) Mar. 23, 2018 132 Stat. 661 Pub. L. 1166, div. E, title I,  117 Feb. 15, 2019 133 Stat. 233 Pub. L. 1169, title VI,  6004(g) Mar. 12, 2019 133 Stat. 778 Pub. L. 117103, div. G, title I,  119(e)(9) Mar. 15, 2022 136 Stat. 378 Pub. L. 117339,  5(a)(6) Jan. 5, 2023 136 Stat. 6166 Upper Housatonic Valley National Heritage Area, Connecticut and Massachusetts. Pub. L. 109338, title II Oct. 12, 2006 120 Stat. 18131819 Pub. L. 117103, div. G, title I,  119 l Mar. 15, 2022 136 Stat. 378 Pub. L. 117339,  5(a)(28) Jan. 5, 2023 136 Stat. 6169 Wheeling National Heritage Area, West Virginia. Pub. L. 106291, title I,  157 Oct. 11, 2000 114 Stat. 963 Pub. L. 113235, div. F, title I,  120(b) Dec. 16, 2014 128 Stat. 2421 Pub. L. 113291, div. B, title XXX,  3052(a)(1)(E) Dec. 19, 2014 128 Stat. 3802 Pub. L. 114113, div. G, title I,  116(a) Dec. 18, 2015 129 Stat. 2550 Pub. L. 1169, title VI,  6004(f) Mar. 12, 2019 133 Stat. 778 Pub. L. 117103, div. G, title I,  119(h) Mar. 15, 2022 136 Stat. 378 Pub. L. 117328, div. G, title I,  118(d) Dec. 29, 2022 136 Stat. 4788 Pub. L. 117339 Jan. 5, 2023 136 Stat. 6163 Yuma Crossing National Heritage Area, Arizona. Pub. L. 106319 Oct. 19, 2000 114 Stat. 1280 Pub. L. 109318,  1 Oct. 11, 2006 120 Stat. 1745 Pub. L. 113291, div. B, title XXX,  3052(a)(1)(F) Dec. 19, 2014 128 Stat. 3802 Pub. L. 117103, div. G, title I,  119(i) Mar. 15, 2022 136 Stat. 378 Pub. L. 117339 Jan. 5, 2023 136 Stat. 6163      National Heritage and River Corridors   Blackstone River Valley National Heritage Corridor (see John H. Chafee Blackstone River Valley National Heritage Corridor, Massachusetts and Rhode Island). Cache La Poudre Corridor, Colorado. Pub. L. 104323 Oct. 19, 1996 110 Stat. 3889 Pub. L. 11111, title VIII,  8002(j) Mar. 30, 2009 123 Stat. 1235 Delaware and Lehigh National Heritage Corridor, Pennsylvania. Pub. L. 100692 Nov. 18, 1988 102 Stat. 4552 Pub. L. 105355, title IV Nov. 6, 1998 112 Stat. 3258 Pub. L. 108199, div. H,  141 Jan. 23, 2004 118 Stat. 443 Pub. L. 11111, title VIII,  8202 Mar. 30, 2009 123 Stat. 1292 Pub. L. 1136, div. F, title IV,  1404(c) Mar. 26, 2013 127 Stat. 420 Pub. L. 11376, div. G, title I,  119(c) Jan. 17, 2014 128 Stat. 314 Pub. L. 113291, div. B, title XXX,  3052(a)(1)(A) Dec. 19, 2014 128 Stat. 3801 Pub. L. 117103, div. G, title I,  119(c) Mar. 15, 2022 136 Stat. 377 Pub. L. 117339 Jan. 5, 2023 136 Stat. 6163 Erie Canalway National Heritage Corridor, New York. Pub. L. 106554,  1(a)(4) [div. B, title VIII] Dec. 21, 2000 114 Stat. 2763 Pub. L. 11111, title VIII,  8203 Mar. 30, 2009 123 Stat. 1294 Pub. L. 113291, div. B, title XXX,  3052(a)(1)(G) Dec. 19, 2014 128 Stat. 3802 Pub. L. 11531, div. G, title I,  115(b) May 5, 2017 131 Stat. 461 Pub. L. 11694, div. D, title I,  113(e) Dec. 20, 2019 133 Stat. 2714 Pub. L. 117103, div. G, title I,  119(j) Mar. 15, 2022 136 Stat. 378 Pub. L. 117339 Jan. 5, 2023 136 Stat. 6163 Gullah/Geechee Cultural Heritage Corridor, Florida, Georgia, North Carolina, and South Carolina. Pub. L. 109338, title II Oct. 12, 2006 120 Stat. 18321837 Pub. L. 114233,  1 Oct. 7, 2016 130 Stat. 962 Pub. L. 117103, div. G, title I,  119 l Mar. 15, 2022 136 Stat. 378 Pub. L. 117339,  5(a)(31) Jan. 5, 2023 136 Stat. 6169 Illinois and Michigan Canal National Heritage Corridor, Illinois. Pub. L. 98398, title I Aug. 24, 1984 98 Stat. 1456 Pub. L. 104333, div. I, title IX,  902 Nov. 12, 1996 110 Stat. 4204 Pub. L. 105355, title V,  502 Nov. 6, 1998 112 Stat. 3261 Pub. L. 106554,  1(a)(4) [div. B, title I,  126] Dec. 21, 2000 114 Stat. 2763 Pub. L. 109338, title IV Oct. 12, 2006 120 Stat. 1850 Pub. L. 117103, div. G, title I,  119(a) Mar. 15, 2022 136 Stat. 377 Pub. L. 117328, div. G, title I,  118(h) Dec. 29, 2022 136 Stat. 4789 Pub. L. 117339,  5(a)(1) Jan. 5, 2023 136 Stat. 6165 John H. Chafee Blackstone River Valley National Heritage Corridor [formerly Blackstone River Valley National Heritage Corridor], Massachusetts and Rhode Island. Pub. L. 99647 Nov. 10, 1986 100 Stat. 3625 Pub. L. 101441 Oct. 18, 1990 104 Stat. 1017 Pub. L. 102154, title I,  118 Nov. 13, 1991 105 Stat. 1013 Pub. L. 104208, div. A, title I,  101(d) [title I,  115] Sept. 30, 1996 110 Stat. 3009181 Pub. L. 104333, div. I, title IX,  901 Nov. 12, 1996 110 Stat. 4201 Pub. L. 105355, title V,  501 Nov. 6, 1998 112 Stat. 3261 Pub. L. 106113, div. B,  1000(a)(3) [title III,  343] Nov. 29, 1999 113 Stat. 1535 Pub. L. 106176, title I,  121 Mar. 10, 2000 114 Stat. 29 Pub. L. 109338, title VII Oct. 12, 2006 120 Stat. 1857 Pub. L. 11111, title VIII,  8204 Mar. 30, 2009 123 Stat. 1295 Pub. L. 11210, div. B, title VII,  1767 Apr. 15, 2011 125 Stat. 155 Pub. L. 1136, div. F, title IV,  1404(b) Mar. 26, 2013 127 Stat. 420 Pub. L. 11376, div. G, title I,  119(b) Jan. 17, 2014 128 Stat. 314 Pub. L. 113291, div. B, title XXX,  3052(b) Dec. 19, 2014 128 Stat. 3803 Pub. L. 117103, div. G, title I,  119(b) Mar. 15, 2022 136 Stat. 377 Pub. L. 117339,  5(a)(2) Jan. 5, 2023 136 Stat. 6166 Ohio & Erie Canal National Heritage Corridor (see Ohio & Erie National Heritage Canalway, Ohio). Quinebaug and Shetucket Rivers Valley National Heritage Corridor (see The Last Green Valley National Heritage Corridor, Connecticut and Massachusetts). South Carolina National Heritage Corridor, South Carolina. Pub. L. 104333, div. II, title VI Nov. 12, 1996 110 Stat. 4260 Pub. L. 110229, title IV May 8, 2008 122 Stat. 824 Pub. L. 1136, div. F, title IV,  1404(a) Mar. 26, 2013 127 Stat. 420 Pub. L. 11376, div. G, title I,  119(a) Jan. 17, 2014 128 Stat. 314 Pub. L. 114113, div. G, title I,  116(b)(2) Dec. 18, 2015 129 Stat. 2551 Pub. L. 115141, div. G, title I,  117(a) Mar. 23, 2018 132 Stat. 661 Pub. L. 1166, div. E, title I,  117 Feb. 15, 2019 133 Stat. 233 Pub. L. 1169, title VI,  6004(i) Mar. 12, 2019 133 Stat. 778 Pub. L. 11694, div. D, title I,  113(d) Dec. 20, 2019 133 Stat. 2714 Pub. L. 117103, div. G, title I,  119(e)(8) Mar. 15, 2022 136 Stat. 378 Pub. L. 117328, div. G, title I,  118(c) Dec. 29, 2022 136 Stat. 4788 Pub. L. 117339 Jan. 5, 2023 136 Stat. 6167 Southern Campaign of the Revolution National Heritage Corridor, North Carolina and South Carolina. Pub. L. 1169, title VI,  6001(a)(12) Pub. L. 117339,  4(a) Jan. 5, 2023 136 Stat. 6165 The Last Green Valley National Heritage Corridor [formerly Quinebaug and Shetucket Rivers Valley National Heritage Corridor], Connecticut and Massachusetts. Pub. L. 103449, title I Nov. 2, 1994 108 Stat. 4752 Pub. L. 106149 Dec. 9, 1999 113 Stat. 1726 Pub. L. 11111, title VIII,  8201 Mar. 30, 2009 123 Stat. 1291 Pub. L. 113291, div. B, title XXX,  3052(a)(1)(H) Dec. 19, 2014 128 Stat. 3802 Pub. L. 11694, div. D, title I,  113(c) Dec. 20, 2019 133 Stat. 2714 Pub. L. 117103, div. G, title I,  119(d) Mar. 15, 2022 136 Stat. 377 Pub. L. 117328, div. G, title I,  118(a) Dec. 29, 2022 136 Stat. 4788 Pub. L. 117339 Jan. 5, 2023 136 Stat. 6163      National Heritage Canalways   Ohio & Erie National Heritage Canalway, Ohio [formerly Ohio & Erie Canal National Heritage Corridor]. Pub. L. 104333, div. II, title VIII Nov. 12, 1996 110 Stat. 4267 Pub. L. 106176, title II,  205 Mar. 10, 2000 114 Stat. 31 Pub. L. 110229, title IV May 8, 2008 122 Stat. 824 Pub. L. 11111, title VII,  7116(j) Mar. 30, 2009 123 Stat. 1203 Pub. L. 1136, div. F, title IV,  1404(a) Mar. 26, 2013 127 Stat. 420 Pub. L. 11376, div. G, title I,  119(a) Jan. 17, 2014 128 Stat. 314 Pub. L. 113291, div. B, title XXX,  3052(a)(1)(B)(v) Dec. 19, 2014 128 Stat. 3801 Pub. L. 114113, div. G, title I,  116(b)(1) Dec. 18, 2015 129 Stat. 2550 Pub. L. 1169, title VI,  6004(c) Mar. 12, 2019 133 Stat. 778 Pub. L. 117103, div. G, title I,  119(e)(5) Mar. 15, 2022 136 Stat. 378 Pub. L. 117339 Jan. 5, 2023 136 Stat. 6163      National Heritage Partnerships   Americas Agricultural Heritage Partnership (see Silos & Smokestacks National Heritage Area, Iowa). Champlain Valley National Heritage Partnership, New York and Vermont. Pub. L. 109338, title II Oct. 12, 2006 120 Stat. 18191824 Pub. L. 117103, div. G, title I,  119 l Mar. 15, 2022 136 Stat. 378 Pub. L. 117339,  5(a)(29) Jan. 5, 2023 136 Stat. 6169      National Heritage Routes   Great Basin National Heritage Route (see Great Basin National Heritage Area, Nevada and Utah). Management of National Heritage Areas Designated by Section 6001(a) of Pub. L. 1169 Pub. L. 117339,  4(b) Jan. 5, 2023 136 Stat. 6165 section 6001(c) of Pub. L. 1169 section 4(a) of Pub. L. 117339 Jan. 5, 2023 section 6001(g)(4) of Pub. L. 1169 section 4(a) of Pub. L. 117339 Jan. 5, 2023 Pub. L. 1169, title VI,  6001(b) Mar. 12, 2019 133 Stat. 771776 Pub. L. 117339,  8 Jan. 5, 2023 136 Stat. 6173 Conditional Extension of Authorities Pub. L. 113291, div. B, title XXX,  3052(a)(2) Dec. 19, 2014 128 Stat. 3802 section 3052(a)(1) of Pub. L. 113291 Sept. 20, 2020 Pub. L. 117339,  2(c) Jan. 5, 2023 136 Stat. 6163  120103. National Heritage Area studies and designation (a)  Studies. (1)  In general Subject to the availability of appropriations, the Secretary may carry out or review a study to assess the suitability and feasibility of each proposed National Heritage Area for designation as a National Heritage Area. (2)  Preparation. (A)  In general A study under paragraph (1) may be carried out (i) by the Secretary, in consultation with State and local historic preservation officers, State and local historical societies, State and local tourism offices, and other appropriate organizations and governmental agencies; or (ii) by interested individuals or entities, if the Secretary certifies that the completed study meets the requirements of paragraph (3). (B)  Certification Not later than 1 year after receiving a study carried out by interested individuals or entities under subparagraph (A)(ii), the Secretary shall review and certify whether the study meets the requirements of paragraph (3). (3)  Requirements A study under paragraph (1) shall include analysis, documentation, and determinations on whether the proposed National Heritage Area (A) has an assemblage of natural, historic, and cultural resources that (i) represent distinctive aspects of the heritage of the United States; (ii) are worthy of recognition, conservation, interpretation, and continuing use; and (iii) would be best managed (I) through partnerships among public and private entities; and (II) by linking diverse and sometimes noncontiguous resources and active communities; (B) reflects traditions, customs, beliefs, and folklife that are a valuable part of the story of the United States; (C) provides outstanding opportunities (i) to conserve natural, historic, cultural, or scenic features; and (ii) for recreation and education; (D) contains resources that (i) are important to any identified themes of the proposed National Heritage Area; and (ii) retain a degree of integrity capable of supporting interpretation; (E) includes a diverse group of residents, business interests, nonprofit organizations, and State and local governments that (i) are involved in the planning of the proposed National Heritage Area; (ii) have developed a conceptual financial plan that outlines the roles of all participants in the proposed National Heritage Area, including the Federal Government; and (iii) have demonstrated significant support for the designation of the proposed National Heritage Area; (F) has a potential management entity to work in partnership with the individuals and entities described in subparagraph (E) to develop the proposed National Heritage Area while encouraging State and local economic activity; and (G) has a conceptual boundary map that is supported by the public. (4)  Report. (A)  In general For each study carried out under paragraph (1), the Secretary shall submit to the Committee on Energy and Natural Resources of the Senate and the Committee on Natural Resources of the House of Representatives a report that describes (i) any correspondence received by the Secretary demonstrating support for, or opposition to, the establishment of the National Heritage Area; (ii) the findings of the study; and (iii) any conclusions and recommendations of the Secretary. (B)  Timing. (i)  Studies carried out by the secretary With respect to a study carried out by the Secretary in accordance with paragraph (2)(A)(i), the Secretary shall submit a report under subparagraph (A) not later than 3 years after the date on which funds are first made available to carry out the study. (ii)  Studies carried out by other interested parties With respect to a study carried out by interested individuals or entities in accordance with paragraph (2)(A)(ii), the Secretary shall submit a report under subparagraph (A) not later than 180 days after the date on which the Secretary certifies under paragraph (2)(B) that the study meets the requirements of paragraph (3). (b)  Designation An area shall be designated as a National Heritage Area only by an Act of Congress. (Added Pub. L. 117339,  2(a) Jan. 5, 2023 136 Stat. 6159  120104. Evaluation (a)  In General At reasonable and appropriate intervals, as determined by the Secretary, the Secretary may (1) conduct an evaluation of the accomplishments of a National Heritage Area in accordance with subsection (b); and (2) prepare and submit to the Committee on Energy and Natural Resources of the Senate and the Committee on Natural Resources of the House of Representatives a report that includes recommendations for the continued role of the Service with respect to each National Heritage Area in accordance with subsection (c). (b)  Components An evaluation under subsection (a)(1) shall (1) assess the progress of the applicable local coordinating entity of a National Heritage Area with respect to (A) accomplishing the purposes of the applicable National Heritage Area; and (B) achieving the goals and objectives of the management plan; (2) analyze Federal, State, local, Tribal government, and private investments in the National Heritage Area to determine the leverage and impact of the investments; and (3) review the management structure, partnership relationships, and funding of the National Heritage Area for purposes of identifying the critical components for sustainability of the National Heritage Area. (c)  Recommendations Each report under subsection (a)(2) shall include (1) if the report contains a recommendation of the Secretary that Federal funding for the applicable National Heritage Area should be continued, an analysis of (A) any means by which that Federal funding may be reduced or eliminated over time; and (B) the appropriate time period necessary to achieve the recommended reduction or elimination of Federal funding; or (2) if the report contains a recommendation of the Secretary that Federal funding for the applicable National Heritage Area should be eliminated, a description of potential impacts on conservation, interpretation, and sustainability in the applicable National Heritage Area. (Added Pub. L. 117339,  2(a) Jan. 5, 2023 136 Stat. 6161 Subtitle II Outdoor Recreation Programs CHAPTER 2001 COORDINATION OF PROGRAMS    Sec.  200101. Findings and declaration of policy.  200102. Definitions.  200103. Authority of Secretary to carry out certain functions and activities.  200104. Consultations of Secretary with administrative officers; execution of administrative responsibilities in conformity with nationwide plan.  200101. Findings and declaration of policy Congress finds and declares it is desirable (1) that all American people of present and future generations be assured adequate outdoor recreation resources; and (2) for all levels of government and private interests to take prompt and coordinated action to the extent practicable without diminishing or affecting their respective powers and functions to conserve, develop, and utilize those resources for the benefit and enjoyment of the American people. ( Pub. L. 113287,  3 Dec. 19, 2014 128 Stat. 3169        Historical and Revision Notes  Revised Section Source (U.S. Code) Source (Statutes at Large)  200101 16 U.S.C. 460 l Pub. L. 8829,  1 May 28, 1963 77 Stat. 49 Executive Documents  A 21st Century Strategy for Americas Great Outdoors Memorandum of President of the United States, Apr. 16, 2010 Memorandum for the Secretary of the Interior[,] the Secretary of Agriculture[,] the Administrator of the Environmental Protection Agency[, and] the Chair of the Council on Environmental Quality Americans are blessed with a vast and varied natural heritage. From mountains to deserts and from sea to shining sea, Americas great outdoors have shaped the rugged independence and sense of community that define the American spirit. Our working landscapes, cultural sites, parks, coasts, wild lands, rivers, and streams are gifts that we have inherited from previous generations. They are the places that offer us refuge from daily demands, renew our spirits, and enhance our fondest memories, whether they are fishing with a grandchild in a favorite spot, hiking a trail with a friend, or enjoying a family picnic in a neighborhood park. They also are our farms, ranches, and foreststhe working lands that have fed and sustained us for generations. Americans take pride in these places, and share a responsibility to preserve them for our children and grandchildren. Today, however, we are losing touch with too many of the places and proud traditions that have helped to make America special. Farms, ranches, forests, and other valuable natural resources are disappearing at an alarming rate. Families are spending less time together enjoying their natural surroundings. Despite our conservation efforts, too many of our fields are becoming fragmented, too many of our rivers and streams are becoming polluted, and we are losing our connection to the parks, wild places, and open spaces we grew up with and cherish. Children, especially, are spending less time outside running and playing, fishing and hunting, and connecting to the outdoors just down the street or outside of town. Across America, communities are uniting to protect the places they love, and developing new approaches to saving and enjoying the outdoors. They are bringing together farmers and ranchers, land trusts, recreation and conservation groups, sportsmen, community park groups, governments and industry, and people from all over the country to develop new partnerships and innovative programs to protect and restore our outdoors legacy. However, these efforts are often scattered and sometimes insufficient. The Federal Government, the Nations largest land manager, has a responsibility to engage with these partners to help develop a conservation agenda worthy of the 21st Century. We must look to the private sector and nonprofit organizations, as well as towns, cities, and States, and the people who live and work in them, to identify the places that mean the most to Americans, and leverage the support of the Federal Government to help these community-driven efforts to succeed. Through these partnerships, we will work to connect these outdoor spaces to each other, and to reconnect Americans to them. For these reasons, it is hereby ordered as follows: Section Establishment. (a) There is established the Americas Great Outdoors Initiative (Initiative), to be led by the Secretaries of the Interior and Agriculture, the Administrator of the Environmental Protection Agency, and the Chair of the Council on Environmental Quality (CEQ) and implemented in coordination with the agencies listed in section 2(b) of this memorandum. The Initiative may include the heads of other executive branch departments, agencies, and offices (agencies) as the President may, from time to time, designate. (b) The goals of the Initiative shall be to: (i) Reconnect Americans, especially children, to Americas rivers and waterways, landscapes of national significance, ranches, farms and forests, great parks, and coasts and beaches by exploring a variety of efforts, including: (A) promoting community-based recreation and conservation, including local parks, greenways, beaches, and waterways; (B) advancing job and volunteer opportunities related to conservation and outdoor recreation; and (C) supporting existing programs and projects that educate and engage Americans in our history, culture, and natural bounty. (ii) Build upon State, local, private, and tribal priorities for the conservation of land, water, wildlife, historic, and cultural resources, creating corridors and connectivity across these outdoor spaces, and for enhancing neighborhood parks; and determine how the Federal Government can best advance those priorities through public private partnerships and locally supported conservation strategies. (iii) Use science-based management practices to restore and protect our lands and waters for future generations. Sec Functions (a) Outreach (b) Interagency Coordination (i) the Department of Defense; (ii) the Department of Commerce; (iii) the Department of Housing and Urban Development; (iv) the Department of Health and Human Services; (v) the Department of Labor; (vi) the Department of Transportation; (vii) the Department of Education; and (viii) the Office of Management and Budget (OMB). (c) Reports (i) Report on Americas Great Outdoors. By November 15, 2010 (A) a review of successful and promising nonfederal conservation approaches; (B) an analysis of existing Federal resources and programs that could be used to complement those approaches; (C) proposed strategies and activities to achieve the goals of the Initiative; and (D) an action plan to meet the goals of the Initiative. The report should reflect the constraints in resources available in, and be consistent with, the Federal budget. It should recommend efficient and effective use of existing resources, as well as opportunities to leverage nonfederal public and private resources and nontraditional conservation programs. (ii) Annual reports. By September 30, 2011 September 30, 2012 Sec General Provisions. (a) This memorandum shall be implemented consistent with applicable law and subject to the availability of any necessary appropriations. (b) This memorandum does not create any right or benefit, substantive or procedural, enforceable at law or in equity by any party against the United States, its departments, agencies, or entities, its officers, employees, or agents, or any other person. (c) The heads of executive departments and agencies shall assist and provide information to the Initiative, consistent with applicable law, as may be necessary to carry out the functions of the Initiative. Each executive department and agency shall bear its own expenses of participating in the Initiative. (d) Nothing in this memorandum shall be construed to impair or otherwise affect the functions of the Director of the OMB relating to budgetary, administrative, or legislative proposals. (e) The Chair of the CEQ is authorized and directed to publish this memorandum in the Federal Register.  Barack Obama.  200102. Definitions As used in this chapter: (1)  State The term State, to the extent practicable, as determined by the Secretary, includes Puerto Rico, Guam, American Samoa, the Virgin Islands, and the Northern Mariana Islands. (2)  United States The term United States (A) includes the District of Columbia; and (B) to the extent practicable, as determined by the Secretary, includes Puerto Rico, Guam, American Samoa, the Virgin Islands, and the Northern Mariana Islands. ( Pub. L. 113287,  3 Dec. 19, 2014 128 Stat. 3169        Historical and Revision Notes  Revised Section Source (U.S. Code) Source (Statutes at Large)  200102 16 U.S.C. 460 l Pub. L. 8829,  4 May 28, 1963 77 Stat. 50 Pub. L. 96205, title VI,  608(c) Mar. 12, 1980 94 Stat. 92 The words the Trust Territory of the Pacific Islands are omitted as obsolete. See note at 48 U.S.C. prec. 1681. For continued application of certain laws of the United States in certain cases, see the Covenant to Establish a Commonwealth of the Northern Mariana Islands in Political Union with the United States of America ( 48 U.S.C. 1801 48 U.S.C. 1901 48 U.S.C. 1931  200103. Authority of Secretary to carry out certain functions and activities (a)  In General To carry out this chapter, the Secretary may perform the functions and activities described in this section. (b)  Inventory and Evaluation The Secretary may prepare and maintain a continuing inventory and evaluation of outdoor recreation needs and resources of the United States. (c)  Classification System The Secretary may prepare a system for classification of outdoor recreation resources to assist in the effective and beneficial use and management of such resources. (d)  Recreation Plan The Secretary may formulate and maintain a comprehensive nationwide outdoor recreation plan, taking into consideration the plans of the various Federal agencies, States, and their political subdivisions. The plan shall set forth the needs and demands of the public for outdoor recreation and the current and foreseeable availability in the future of outdoor recreation resources to meet those needs. The plan shall identify critical outdoor recreation problems, recommend solutions, and recommend desirable actions to be taken at each level of government and by private interests. The Secretary shall submit the plan to the President for transmittal to Congress. Revisions of the plan shall be similarly transmitted at succeeding 5-year intervals. When a plan or revision is transmitted to the Congress, the Secretary shall transmit copies to the chief executive officials of the States. (e)  Technical Assistance and Advice The Secretary may provide technical assistance and advice to and cooperate with States, political subdivisions, and private interests, including nonprofit organizations, with respect to outdoor recreation. (f)  Interstate and Regional Cooperation The Secretary may encourage interstate and regional cooperation in the planning, acquisition, and development of outdoor recreation resources. (g)  Research, Information, and Education Programs and Activities The Secretary may (1) sponsor, engage in, and assist in research relating to outdoor recreation, directly or by contract or cooperative agreements, and make payments for such purposes without regard to the limitations of section 3324(a) and (b) of title 31 concerning advances of funds when the Secretary considers such action to be in the public interest; (2) undertake studies and assemble information concerning outdoor recreation, directly or by contract or cooperative agreement, and disseminate the information without regard to section 3204 of title 39 (3) cooperate with educational institutions and others to assist in establishing education programs and activities and to encourage public use and benefits from outdoor recreation. (h)  Cooperation and Coordination with Federal Agencies. (1)  In general The Secretary may (A) cooperate with and provide technical assistance to Federal agencies and obtain from them information, data, reports, advice, and assistance that are needed and can reasonably be furnished in carrying out the purposes of this chapter; and (B) promote coordination of Federal plans and activities generally relating to outdoor recreation. (2)  Funding An agency furnishing advice or assistance under this paragraph may expend its own funds for those purposes, with or without reimbursement, as may be agreed to by that agency. (i)  Donations The Secretary may accept and use donations of money, property, personal services, or facilities for the purposes of this chapter. ( Pub. L. 113287,  3 Dec. 19, 2014 128 Stat. 3170        Historical and Revision Notes  Revised Section Source (U.S. Code) Source (Statutes at Large)  200103 16 U.S.C. 460 l Pub. L. 8829,  2 May 28, 1963 77 Stat. 49 Pub. L. 91375,  6(h) Aug. 12, 1970 84 Stat. 776 In subsection (d), the words which shall be prepared as soon as practicable within 5 years on and after May 28, 1963 In subsection (h), the word department is omitted as being included in agency.  200104. Consultations of Secretary with administrative officers; execution of administrative responsibilities in conformity with nationwide plan To carry out the policy declared in section 200101 of this title (1) consult with and be consulted by the Secretary from time to time both with respect to their conduct of those activities and their use of those resources and with respect to the activities that the Secretary carries on under authority of this chapter that are pertinent to their work; and (2) carry out that responsibility in general conformance with the nationwide plan authorized under section 200103(d) of this title ( Pub. L. 113287,  3 Dec. 19, 2014 128 Stat. 3171        Historical and Revision Notes  Revised Section Source (U.S. Code) Source (Statutes at Large)  200104 16 U.S.C. 460 l Pub. L. 8829,  3 May 28, 1963 77 Stat. 50 The word department is omitted as being included in agency. The word independent is omitted as unnecessary. CHAPTER 2003 LAND AND WATER CONSERVATION FUND    Sec.  200301. Definitions.  200302. Establishment of Land and Water Conservation Fund.  200303. Availability of funds.  200304. Statement of estimated requirements.  200305. Financial assistance to States.  200306. Allocation of Fund amounts for Federal purposes.  200307. Availability of Fund amounts for publicity purposes.  200308. Contracts for acquisition of land and water.  200309. Contracts for options to acquire land and water in System.  200310. Transfers to and from Fund.  Editorial Notes Amendments 2020 Pub. L. 116152,  3(c) Aug. 4, 2020 134 Stat. 687  200301. Definitions In this chapter: (1)  Fund The term Fund means the Land and Water Conservation Fund established under section 200302 of this title (2)  State The term State means a State, the District of Columbia, Puerto Rico, Guam, American Samoa, the Virgin Islands, and the Northern Mariana Islands. ( Pub. L. 113287,  3 Dec. 19, 2014 128 Stat. 3171        Historical and Revision Notes  Revised Section Source (U.S. Code) Source (Statutes at Large)  200301(1) no source. 200301(2) 16 U.S.C. 460 l Pub. L. 88578, title I,  6(b)(5) Sept. 3, 1964 78 Stat. 900 Pub. L. 92347,  2 July 11, 1972 86 Stat. 459 Pub. L. 94422, title I,  101(3) Sept. 28, 1976 90 Stat. 1315  200302. Establishment of Land and Water Conservation Fund (a)  Establishment There is established in the Treasury the Land and Water Conservation Fund. (b)  Deposits There shall be deposited in the Fund the following revenues and collections: (1) All proceeds (except so much thereof as may be otherwise obligated, credited, or paid under authority of the provisions of law set forth in section 572(a) or 574(a) to (c) of title 40 or under authority of any appropriation Act that appropriates an amount, to be derived from proceeds from the transfer of excess property and the disposal of surplus property, for necessary expenses, not otherwise provided for, incident to the utilization and disposal of excess and surplus property) received from any disposal of surplus real property and related personal property under chapter 5 of title 40, notwithstanding any provision of law that such proceeds shall be credited to miscellaneous receipts of the Treasury. Nothing in this chapter shall affect existing laws or regulations concerning disposal of real or personal surplus property to schools, hospitals, and States and their political subdivisions. (2) The amounts provided for in section 200310 of this title (c)  Authorization of Appropriations. (1)  In general In addition to the sum of the revenues and collections estimated by the Secretary to be deposited in the Fund pursuant to this section, there are authorized to be appropriated annually to the Fund out of any money in the Treasury not otherwise appropriated such amounts as are necessary to make the income of the Fund not less than $900,000,000 for each fiscal year. (2)  Receipts under outer continental shelf lands act To the extent that amounts appropriated under paragraph (1) are not sufficient to make the total annual income of the Fund equivalent to the amounts provided in paragraph (1), an amount sufficient to cover the remainder shall be credited to the Fund from revenues due and payable to the United States for deposit in the Treasury as miscellaneous receipts under the Outer Continental Shelf Lands Act ( 43 U.S.C. 1331 ( Pub. L. 113287,  3 Dec. 19, 2014 128 Stat. 3171 Pub. L. 114113, div. O, title VIII,  801(a) Dec. 18, 2015 129 Stat. 3030 Pub. L. 1169, title III,  3001(a) Mar. 12, 2019 133 Stat. 754 Pub. L. 116152,  3(b)(1) Aug. 4, 2020 134 Stat. 687        Historical and Revision Notes  Revised Section Source (U.S. Code) Source (Statutes at Large)  200302 16 U.S.C. 460 l Pub. L. 88578, title I,  2 Sept. 3, 1964 78 Stat. 897 Pub. L. 8972,  11 July 9, 1965 79 Stat. 218 Pub. L. 90401 July 15, 1968 82 Stat. 354 Pub. L. 91308,  2 July 7, 1970 84 Stat. 410 Pub. L. 91485,  1 Oct. 22, 1970 84 Stat. 1084 Pub. L. 94273,  2(7) Apr. 21, 1976 90 Stat. 375 Pub. L. 94422, title I,  101(1) Sept. 28, 1976 90 Stat. 1313 Pub. L. 9542,  1(1) June 10, 1977 91 Stat. 210 Pub. L. 100203, title V,  5201(f)(1) Dec. 22, 1987 101 Stat. 1330267 In subsection (b), the words section 572(a) or 574(a) to (c) of title 40 are substituted for section 485(b)(e)[sic], title 40, United States Code, and the words chapter 5 of title 40 are substituted for the Federal Property and Administrative Services Act of 1949, as amended because of section 5(c) of the Act of August 21, 2002 Public Law 107217 116 Stat. 1303 76 Stat. 725 In subsection (c)(1), reference to fiscal years 1977 and 1978 and the word thereafter are omitted as obsolete. Editorial Notes  References in Text The Outer Continental Shelf Lands Act, referred to in subsec. (c)(2), is act Aug. 7, 1953, ch. 345 67 Stat. 462 section 1301 of Title 43 Amendments 2020Subsec. (c)(3). Pub. L. 116152 section 200303 of this title 2019Subsec. (b). Pub. L. 1169,  3001(a)(1) September 30, 2018 Subsec. (c)(1). Pub. L. 1169,  3001(a)(2) September 30, 2018 2015Subsec. (b). Pub. L. 114113,  801(a)(1) September 30, 2018 September 30, 2015 Subsec. (c)(1). Pub. L. 114113,  801(a)(2) September 30, 2018 September 30, 2015 Statutory Notes and Related Subsidiaries Establishment and Collection of Use or Royalty Fees for Manufacture, Reproduction, or Use of Golden Eagle Insignia Pub. L. 92347,  3(a) July 11, 1972 86 Stat. 461 The Secretary of the Interior may establish and collect use or royalty fees for the manufacture, reproduction, or use of The Golden Eagle Insignia, originated by the Department of the Interior and announced in the December 3, 1970 Termination of Rights in Golden Eagle Insignia Pub. L. 92347,  3(d) July 11, 1972 86 Stat. 462 The rights in The Golden Eagle Insignia under this Act [see Tables for classification], shall terminate if the use by the Secretary of the Interior of The Golden Eagle Insignia is abandoned. Nonuse for a continuous period of two years shall constitute abandonment. Executive Documents  Ex. Ord. No. 11200. Establishment of Recreation User Fees Ex. Ord. No. 11200, Feb. 26, 1965 WHEREAS it is desirable that all American people of present and future generations be assured adequate outdoor recreation resources, and it is desirable for all levels of government and private interests to take prompt and coordinated action to the extent practicable without diminishing or affecting their respective powers and functions to conserve, develop, and utilize such resources for the benefit and enjoyment of the American people; and WHEREAS these resources are to a considerable extent located on lands administered by the Federal Government through the National Park Service, the Bureau of Land Management, the Bureau of Sport Fisheries and Wildlife, the Bureau of Reclamation, the Forest Service, the Corps of Engineers, the Tennessee Valley Authority and the United States Section of the International Boundary and Water Commission (United States and Mexico); and WHEREAS the Act of May 28, 1963 77 Stat. 49 54 U.S.C. 200101 WHEREAS it is fair and equitable that the users of certain recreation areas and facilities managed by such agencies pay a reasonable fee for the recreation benefits received; and WHEREAS it is desirable to establish uniformity of practices among such Federal agencies regarding recreation user fees and related matters; and WHEREAS the Congress, recognizing the need for urgent and effective action in this regard, enacted the Land and Water Conservation Fund Act of 1965, Public Law 88578 78 Stat. 897 54 U.S.C. 200301 NOW, THEREFORE, by virtue of the authority vested in me by the Act, by Section 301 of title 3 Section Designation of areas for 1965 16 U.S.C. 460 l (b) The Secretary of the Interior, the Secretary of Agriculture, the Secretary of Defense, the Board of Directors of the Tennessee Valley Authority, and the Commissioner, United States Section of the International Boundary and Water Commission (United States and Mexico), or their designees, shall, by April 1, 1965 (c) Recreation user fees for such areas shall be prescribed as provided in Section 5 of this Order. Sec Designation of areas for years after 1965 (b) The officials described in Section 1(b) of this Order shall, before January 1, 1966 (c)(1) Whenever, in accordance with subsection (b) of this section, it is determined that the recreation user fee for an area should be reduced or eliminated, such action shall be taken forthwith. (2) Whenever, in accordance with subsection (b) of this section, it is determined that a recreation user fee should be charged with respect to an area with respect to which no such fee has theretofore been charged, such new fee shall be charged only after the posting requirements of Section 4 of this Order have been satisfied. Sec Criteria for designation of areas (1) The area is administered by any of the eight agencies specified in Section 1(a) of this Order; (2) The area is administered primarily for scenic, scientific, historical, cultural, or recreational purposes; (3) The area has recreation facilities or services provided at Federal expense; and (4) The nature of the area is such that fee collection is administratively and economically practical. (b) Areas designated as those at which recreation user fees shall be charged shall hereafter in this Order be referred to as designated areas. Sec Posting of designated areas Sec Establishment of fees 16 U.S.C. 460 l 16 U.S.C. 460 l (b) The Secretary of the Interior shall prescribe the procedures for the production, distribution, and sale of the Land and Water Conservation Fund Sticker, which shall be issued to those individuals who elect to pay the annual fees. The Secretary of the Interior shall also prescribe the manner in which the Sticker shall be displayed. The conditions under which it may be used shall be determinated under the procedures prescribed by Section 6 of this Order. Sec Coordination 16 U.S.C. 460 l l (b)(1) In order that the purposes of the Act and of this Order may be effectuated without delay, the Secretary of the Interior shall, subject to the limitations imposed by the Act and without regard to the other provisions of this section, forthwith issue a schedule of recreation user fees and criteria to be used in determining which such fees shall be charged with respect to each of the designated areas. (2) Subject to the limitations imposed by the Act and subject to the provisions of subsections (a), (c), and (d) of this section, the Secretary of the Interior may, from time to time, amend or replace the schedule of fees and the criteria prescribed by him pursuant to subsection (b)(1) of this section. (c) Subject to the limits set forth in the Act, the measures which the Secretary of the Interior may adopt pursuant to subsection (a) of this section may include, but are not limited to, the following (1) Initial preparation and coordination of the comprehensive statement of estimated requirements during the ensuing fiscal year for appropriations from the Land and Water Conservation Fund, as required by Section 4(a) of the act [former 16 U.S.C. 460 l (2) Development of such additional procedures and interpretive materials as are necessary to facilitate the implementation of this Order and related provisions of the Act. (3) Review and revision, if needed, of the criteria for designation set forth in Section 3 of this Order. (d) Except with respect to the schedule of fees and the criteria prescribed by the Secretary pursuant to subsection (b)(1) of this section, measures and regulations adopted by the Secretary pursuant to this Order shall not become effective until 30 days after they are presented for the consideration of the other officials described in Section 1(b). Any such official who does not concur in any such measure or regulation may, within that 30-day period, refer the matter to the Recreation Advisory Council established under Executive Order No. 11017 [superseded by Ex. Ord. No. 11278, which in turn was revoked by Ex. Ord. No. 11472, which is set out as a note under section 4321 of Title 42 Sec Review of contracts Sec Regulations  Lyndon B. Johnson.  200303. Availability of funds (a)  In General Any amounts deposited in the Fund under section 200302 for fiscal year 2020 and each fiscal year thereafter shall be made available for expenditure for fiscal year 2021 and each fiscal year thereafter, without further appropriation or fiscal year limitation, to carry out the purposes of the Fund (including accounts and programs made available from the Fund pursuant to the Further Consolidated Appropriations Act, 2020 ( Public Law 11694 133 Stat. 2534 (b)  Additional Amounts Amounts made available under subsection (a) shall be in addition to amounts made available to the Fund under section 105 of the Gulf of Mexico Energy Security Act of 2006 ( 43 U.S.C. 1331 Public Law 109432 (c)  Allocation Authority. (1)  Submission of cost estimates The President shall submit to Congress detailed account, program, and project allocations of the full amount made available under subsection (a) (A) for fiscal year 2021, not later than 90 days after the date of enactment of the Great American Outdoors Act; and (B) for each fiscal year thereafter, as part of the annual budget submission of the President. (2)  Alternate allocation. (A)  In general Appropriations Acts may provide for alternate allocation of amounts made available under subsection (a), including allocations by account, program, and project. (B)  Allocation by president. (i)  No alternate allocations If Congress has not enacted legislation establishing alternate allocations by the date on which the Act making full-year appropriations for the Department of the Interior, Environment, and Related Agencies for the applicable fiscal year is enacted into law, amounts made available under subsection (a) shall be allocated by the President. (ii)  Insufficient alternate allocation If Congress enacts legislation establishing alternate allocations for amounts made available under subsection (a) that are less than the full amount appropriated under that subsection, the difference between the amount appropriated and the alternate allocation shall be allocated by the President. (3)  Recreational public access Amounts expended from the Fund under this section shall be consistent with the requirements for recreational public access for hunting, fishing, recreational shooting, or other outdoor recreational purposes under section 200306(c). (4)  Annual report The President shall submit to Congress an annual report that describes the final allocation by account, program, and project of amounts made available under subsection (a), including a description of the status of obligations and expenditures. ( Pub. L. 113287,  3 Dec. 19, 2014 128 Stat. 3172 Pub. L. 116152,  3(a) Aug. 4, 2020 134 Stat. 686        Historical and Revision Notes  Revised Section Source (U.S. Code) Source (Statutes at Large)  200303 16 U.S.C. 460 l Pub. L. 88578, title I,  3 Sept. 3, 1964 78 Stat. 899 Pub. L. 100203, title V,  5201(f)(2) Dec. 22, 1987 101 Stat. 1330267 The words or from the special account established under section 460 l Editorial Notes  References in Text The Further Consolidated Appropriations Act, 2020, referred to in subsec. (a), is Pub. L. 11694 Dec. 20, 2019 133 Stat. 2534 Section 105 of the Gulf of Mexico Energy Security Act of 2006, referred to in subsec. (b), is section 105 of title I of div. C of Pub. L. 109432 section 1331 of Title 43 The date of enactment of the Great American Outdoors Act, referred to in subsec. (c)(1)(A), is the date of enactment of Pub. L. 116152 Aug. 4, 2020 Amendments 2020 Pub. L. 116152 Statutory Notes and Related Subsidiaries Allocation of Funds Pub. L. 117328, div. G, title IV,  431(a) Dec. 29, 2022 136 Stat. 4827  (a) (1) Within 45 days of enactment of this Act [ Dec. 29, 2022 section 200402 of title 54 136 Stat. 4462 (2) Within 45 days of enactment of this Act, the Secretary of the Interior and the Secretary of Agriculture, as appropriate, shall allocate amounts made available for expenditure from the Land and Water Conservation Fund for fiscal year 2023 pursuant to subsection (a) of section 200303 of title 54 (b) Except as otherwise provided by subsection (c) of this section, neither the President nor his designee may allocate any amounts that are made available for any fiscal year under subsection (c) of section 200402 of title 54 section 200303 of title 54 Provided (c) The Secretary of the Interior and the Secretary of Agriculture may reallocate amounts from each agencys Contingency Fund line in the table titled Allocation of Funds: National Parks and Public Land Legacy Restoration Fund Fiscal Year 2023 to any project funded by the National Parks and Public Land Legacy Restoration Fund within the same agency, from any fiscal year, that experienced a funding deficiency due to unforeseen cost overruns, in accordance with the following requirements: (1) Contingency Fund amounts may only be reallocated if there is a risk to project completion resulting from unforeseen cost overruns; (2) Contingency Fund amounts may only be reallocated for cost of adjustments and changes within the original scope of effort for projects funded by the National Parks and Public Land Legacy Restoration Fund; and (3) The Secretary of the Interior or the Secretary of Agriculture must provide written notification to the Committees on Appropriations 30 days before taking any actions authorized by this subsection if the amount reallocated from the Contingency Fund line for a project is projected to be 10 percent or greater than the following, as applicable: (A) The amount allocated to that project in the table titled Allocation of Funds: National Parks and Public Land Legacy Restoration Fund Fiscal Year 2023 in the explanatory statement described in section 4 (in the matter preceding division A of this consolidated Act) [ 136 Stat. 4462 (B) The initial estimate in the most recent report submitted, prior to enactment of this Act, to the Committees on Appropriations pursuant to section 431(e) of division G of the Consolidated Appropriations Act, 2022 ( Public Law 117103 136 Stat. 419 Similar provisions were contained in the following appropriation act: Pub. L. 117103, div. G, title IV,  431(a) Mar. 15, 2022 136 Stat. 416 Executive Documents  Delegation of Authority for Fiscal Year 2021 Cost Estimates and Annual Reports to the Congress for the Land and Water Conservation Fund Memorandum of President of the United States, Nov. 9, 2020 Memorandum for the Secretary of the Interior [and] the Secretary of Agriculture By the authority vested in me as President by the Constitution and the laws of the United States of America, including section 301 of title 3 Section (a) the cost estimates to the Congress required by 54 U.S.C. 200303(c)(1)(A) Public Law 116152 (b) annually, the report to the Congress required by 54 U.S.C. 200303(c)(4) Sec. (i) the authority granted by law to an executive department or agency, or the head thereof; or (ii) the functions of the Director of the Office of Management and Budget relating to budgetary, administrative, or legislative proposals. (b) This memorandum shall be implemented consistent with applicable law and subject to the availability of appropriations. (c) This memorandum is not intended to, and does not, create any right or benefit, substantive or procedural, enforceable at law or in equity by any party against the United States, its departments, agencies, or entities, its officers, employees, or agents, or any other person. (d) The Secretary of the Interior is authorized and directed to publish this memorandum in the Federal Register.  Donald J. Trump.  200304. Statement of estimated requirements (a)  In General There shall be submitted with the annual budget of the United States a comprehensive statement of estimated requirements during the ensuing fiscal year for appropriations from the Fund. (b)  Allocation of Funds Of the total amount made available to the Fund through appropriations or deposited in the Fund under section 105(a)(2)(B) of the Gulf of Mexico Energy Security Act of 2006 ( 43 U.S.C. 1331 Public Law 109432 (1) not less than 40 percent shall be used for Federal purposes; and (2) not less than 40 percent shall be used to provide financial assistance to States. ( Pub. L. 113287,  3 Dec. 19, 2014 128 Stat. 3172 Pub. L. 1169, title III,  3001(b) Mar. 12, 2019 133 Stat. 755        Historical and Revision Notes  Revised Section Source (U.S. Code) Source (Statutes at Large)  200304 16 U.S.C. 460 l Pub. L. 88578, title I,  5 Sept. 3, 1964 78 Stat. 900 Pub. L. 90401,  3 July 15, 1968 82 Stat. 355 Pub. L. 92347,  2 July 11, 1972 86 Stat. 459 Pub. L. 94273,  3(4) Apr. 21, 1976 90 Stat. 376 Pub. L. 94422, title I,  101(2) Sept. 28, 1976 90 Stat. 1314 Pub. L. 9542,  1(2) June 10, 1977 91 Stat. 210 The references to fiscal years 1978 and 1979 and the special account are omitted as obsolete. Editorial Notes  References in Text Section 105(a)(2)(B) of the Gulf of Mexico Energy Security Act of 2006, referred to in subsec. (b), is section 105(a)(2)(B) of title I of div. C of Pub. L. 109432 section 1331 of Title 43 Amendments 2019 Pub. L. 1169  200305. Financial assistance to States (a)  Authority of Secretary To Make Payments The Secretary may provide financial assistance to the States from amounts available for State purposes. Payments may be made to the States by the Secretary as provided in this section, subject to such terms and conditions as the Secretary considers appropriate and in the public interest to carry out the purposes of this chapter, for outdoor recreation: (1) Planning. (2) Acquisition of land, water, or interests in land or water. (3) Development. (b)  Apportionment Among States Amounts appropriated and available for State purposes for each fiscal year shall be apportioned among the States by the Secretary, whose determination shall be final, in accordance with the following formula: (1) Forty percent of the 1st $225,000,000; 30 percent of the next $275,000,000; and 20 percent of all additional appropriations shall be apportioned equally among the States. (2) At any time, the remaining appropriation shall be apportioned on the basis of need to individual States by the Secretary in such amounts as in the Secretarys judgment will best accomplish the purposes of this chapter. The determination of need shall include consideration of (A) the proportion that the population of each State bears to the total population of the United States; (B) the use of outdoor recreation resources of each State by persons from outside the State; and (C) the Federal resources and programs in each State. (3) The total allocation to a State under paragraphs (1) and (2) shall not exceed 10 percent of the total amount allocated to all of the States in any one year. (4) The Secretary shall notify each State of its apportionments. The amounts shall be available for payment to the State for planning, acquisition, or development projects as prescribed. Any amount of any apportionment that has not been paid or obligated by the Secretary during the fiscal year in which the notification is given and for 2 fiscal years thereafter shall be reapportioned by the Secretary in accordance with paragraph (2) without regard to the 10 percent limitation to an individual State specified in this subsection. (c)  Matching Requirements Payments to any State shall cover not more than 50 percent of the cost of planning, acquisition, or development projects that are undertaken by the State. The remaining share of the cost shall be borne by the State in a manner and with funds or services as shall be satisfactory to the Secretary. (d)  Comprehensive State Plan. (1)  Required for consideration of financial assistance A comprehensive statewide outdoor recreation plan shall be required prior to the consideration by the Secretary of financial assistance for acquisition or development projects. The plan shall be adequate if, in the judgment of the Secretary, it encompasses and will promote the purposes of this chapter. No plan shall be approved unless the chief executive official of the State certifies that ample opportunity for public participation in plan development and revision has been accorded. The Secretary shall develop, in consultation with others, criteria for public participation, which criteria shall constitute the basis for the certification by the chief executive official. The plan shall contain (A) the name of the State agency that will have authority to represent and act for the State in dealing with the Secretary for purposes of this chapter; (B) an evaluation of the demand for and supply of outdoor recreation resources and facilities in the State; (C) a program for the implementation of the plan; and (D) other necessary information, as determined by the Secretary. (2)  Factors to be considered The plan shall take into account relevant Federal resources and programs and shall be correlated so far as practicable with other State, regional, and local plans. Where there exists or is in preparation for any particular State a comprehensive plan financed in part with funds supplied by the Secretary of Housing and Urban Development, any statewide outdoor recreation plan prepared for purposes of this part shall be based on the same population, growth, and other pertinent factors as are used in formulating plans financed by the Secretary of Housing and Urban Development. (3)  Provision of assistance when plan not otherwise available or to maintain plan The Secretary may provide financial assistance to any State for projects for the preparation of a comprehensive statewide outdoor recreation plan when the plan is not otherwise available or for the maintenance of the plan. (4)  Wetlands A comprehensive statewide outdoor recreation plan shall specifically address wetlands within the State as an important outdoor recreation resource as a prerequisite to approval, except that a revised comprehensive statewide outdoor recreation plan shall not be required by the Secretary, if a State submits, and the Secretary, acting through the Director, approves, as a part of and as an addendum to the existing comprehensive statewide outdoor recreation plan, a wetlands priority plan developed in consultation with the State agency with responsibility for fish and wildlife resources and consistent with the national wetlands priority conservation plan developed under section 301 of the Emergency Wetlands Resources Act of 1986 ( 16 U.S.C. 3921 (e)  Projects for Land and Water Acquisition and Development of Basic Outdoor Recreation Facilities. (1)  In general In addition to assistance for planning projects, the Secretary may provide financial assistance to any State for the types of projects described in paragraphs (2) and (3), or combinations of those projects, if the projects are in accordance with the State comprehensive plan. (2)  Acquisition of land or water. (A)  In general Under paragraph (1), the Secretary may provide financial assistance for a project for the acquisition of land, water, or an interest in land or water, or a wetland area or an interest in a wetland area, as identified in the wetlands provisions of the comprehensive plan (other than land, water, or an interest in land or water acquired from the United States for less than fair market value), but not including incidental costs relating to acquisition. (B)  Retention of right of use and occupancy When a State provides that the owner of a single-family residence may, at the owners option, elect to retain a right of use and occupancy for not less than 6 months after the date of acquisition of the residence and the owner elects to retain such a right (i) the owner shall be deemed to have waived any benefits under sections 203 to 206 of the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 ( 42 U.S.C. 4623 (ii) for the purposes of those sections the owner shall not be deemed to be a displaced person as defined in section 101 of that Act ( 42 U.S.C. 4601 (3)  Development of basic outdoor recreation facilities Under paragraph (1), the Secretary may provide financial assistance for a project for development of basic outdoor recreation facilities to serve the general public, including the development of Federal land under lease to States for terms of 25 years or more. No assistance shall be available under this chapter to enclose or shelter a facility normally used for an outdoor recreation activity, but the Secretary may permit local funding, not to exceed 10 percent of the total amount allocated to a State in any one year, to be used for construction of a sheltered facility for a swimming pool or ice skating rink in an area where the Secretary determines that the construction is justified by the severity of climatic conditions and the increased public use made possible by the construction. (f)  Payments. (1)  Criteria for making payments The Secretary may make a payment to a State only for a planning, acquisition, or development project that is approved by the Secretary. The Secretary shall not make a payment 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 shall be given under any other Federal program or activity for or on account of any project with respect to which the assistance has been given or promised under this chapter. The Secretary may make payments from time to time in keeping with the rate of progress toward the satisfactory completion of a project. 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 all of the projects, and to operate and maintain by acceptable standards, at State expense, the properties or facilities acquired or developed for public outdoor recreation use. (2)  Payment recipients Payments for all projects shall be made by the Secretary to the chief executive official of the State or to a State official or agency designated by the chief executive official or by State law having authority and responsibility to accept and to administer funds paid under this section 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. (3)  Conversion to other than public outdoor recreation use 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 use. The Secretary shall approve a conversion only if the Secretary finds it to be in accordance with the then-existing comprehensive statewide outdoor recreation plan and only on such conditions as the Secretary considers necessary to ensure the substitution of other recreation properties of at least equal fair market value and of reasonably equivalent usefulness and location. Wetland areas and interests therein as identified in the wetlands provisions of the comprehensive plan and proposed to be acquired as suitable replacement property within the same State that is otherwise acceptable to the Secretary, acting through the Director, shall be deemed to be of reasonably equivalent usefulness with the property proposed for conversion. (4)  Reports and accounting procedures No payment shall be made to any State until the State has agreed to (A) provide such reports to the Secretary in such form and containing such information as may be reasonably necessary to enable the Secretary to perform the Secretarys duties under this chapter; and (B) provide such fiscal control and fund accounting procedures as may be necessary to ensure proper disbursement and accounting for Federal funds paid to the State under this chapter. (g)  Records A recipient of assistance under this chapter shall keep such records as the Secretary shall prescribe, including records that fully disclose (1) the amount and the disposition by the recipient of the proceeds of the assistance; (2) the total cost of the project or undertaking in connection with which the assistance is given or used; and (3) 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. (h)  Access to Records The Secretary, and the Comptroller General, or any of their duly authorized representatives, shall have access for the purpose of audit and examination to any records of the recipient that are pertinent to assistance received under this chapter. (i)  Prohibition of Discrimination With respect to property acquired or developed with assistance from the Fund, discrimination on the basis of residence, including preferential reservation or membership systems, is prohibited except to the extent that reasonable differences in admission and other fees may be maintained on the basis of residence. (j)  Coordination With Federal Agencies To ensure consistency in policies and actions under this chapter with other related Federal programs and activities and to ensure coordination of the planning, acquisition, and development assistance to States under this section with other related Federal programs and activities (1) the President may issue such regulations with respect thereto as the President considers desirable; and (2) the assistance may be provided only in accordance with the regulations. (k)  Capital Improvement and Other Projects To Reduce Crime. (1)  Availability and purpose of funds In addition to assistance for planning projects, and in addition to the projects identified in subsection (e), and from amounts appropriated out of the Violent Crime Reduction Trust Fund, the Secretary may provide financial assistance to the States, not to exceed $15,000,000, for projects or combinations thereof for the purpose of making capital improvements and other measures to increase safety in urban parks and recreation areas, including funds to (A) increase lighting within or adjacent to public parks and recreation areas; (B) provide emergency telephone lines to contact law enforcement or security personnel in areas within or adjacent to public parks and recreation areas; (C) increase security personnel within or adjacent to public parks and recreation areas; and (D) fund any other project intended to increase the security and safety of public parks and recreation areas. (2)  Eligibility In addition to the requirements for project approval imposed by this section, eligibility for assistance under this subsection shall depend on a showing of need. In providing funds under this subsection, the Secretary shall give priority to projects proposed for urban parks and recreation areas with the highest rates of crime and, in particular, to urban parks and recreation areas with the highest rates of sexual assault. (3)  Federal share Notwithstanding subsection (c), the Secretary may provide 70 percent improvement grants for projects undertaken by a State for the purposes described in this subsection. ( Pub. L. 113287,  3 Dec. 19, 2014 128 Stat. 3172 Pub. L. 1169, title III,  3001(c) Mar. 12, 2019 133 Stat. 755        Historical and Revision Notes  Revised Section Source (U.S. Code) Source (Statutes at Large)  200305 16 U.S.C. 460 l Pub. L. 88578, title I,  6 Sept. 3, 1964 78 Stat. 900 Pub. L. 92347,  2 July 11, 1972 86 Stat. 459 Pub. L. 93303,  2 June 7, 1974 88 Stat. 194 Pub. L. 94422, title I,  101(3) Sept. 28, 1976 90 Stat. 1314 Pub. L. 95625, title VI,  606 Nov. 10, 1978 92 Stat. 3519 Pub. L. 99645, title III,  303 Nov. 10, 1986 100 Stat. 3587 Pub. L. 103322, title IV,  40133 Sept. 13, 1994 108 Stat. 1918 Pub. L. 103437,  6(p)(2) Nov. 2, 1994 108 Stat. 4586 Pub. L. 104333, div. I, title VIII,  814(d)(1)(H) Nov. 12, 1996 110 Stat. 4196 In subsection (b)(5), the words (when such islands achieve Commonwealth status) are omitted as obsolete. In subsection (c), the words No payment may be made to any State for or on account of any cost or obligation incurred or any service rendered prior to September 3, 1964 In subsection (d)(2), the words Secretary of Housing and Urban Development are substituted for Housing and Home Finance Agency because of 42 U.S.C. 3534 In subsection (d)(4), the words For fiscal year 1988 and thereafter are omitted as obsolete. In subsection (e)(3), the words and after September 28, 1976 In subsection (f)(2), the words chief executive official are substituted for Governor for clarity and for consistency in the new title. In subsection (j), the words (including those conducted pursuant to title VII of the Housing Act of 1961 and section 701 of the Housing Act of 1954) are omitted as obsolete. The authority to make grants or loans under title VII terminated on December 31, 1974 Public Law 9735 95 Stat. 398 In subsection (k)(3), the words and the remaining share of the cost shall be borne by the State are omitted as unnecessary. Editorial Notes Amendments 2019Subsec. (b)(5). Pub. L. 1169  200306. Allocation of Fund amounts for Federal purposes (a)  Allowable Purposes and Subpurposes. (1)  In general Amounts appropriated from the Fund for Federal purposes shall, unless otherwise allotted in the appropriation Act making them available, be allotted by the President for the purposes and subpurposes stated in this subsection. (2)  Acquisition of land, water, or an interest in land or water. (A)  System units and recreation areas administered for recreation purposes Amounts shall be allotted for the acquisition of land, water, or an interest in land or water within the exterior boundary of (i) a System unit authorized or established; and (ii) an area authorized to be administered by the Secretary for outdoor recreation purposes. (B)  National forest system. (i)  In general Amounts shall be allotted for the acquisition of land, water, or an interest in land or water within inholdings within (I) wilderness areas of the National Forest System; and (II) other areas of national forests as the boundaries of those forests existed on January 1, 1965 January 1, 1965 (ii)  Adjacent land Land outside but adjacent to an existing national forest boundary, not to exceed 3,000 acres in the case of any one forest, that would comprise an integral part of a forest recreational management area may also be acquired with amounts appropriated from the Fund. (C)  Endangered species and threatened species; fish and wildlife refuge areas; national wildlife refuge system Amounts shall be allotted for the acquisition of land, water, or an interest in land or water for (i) endangered species and threatened species authorized under section 5(a) of the Endangered Species Act of 1973 ( 16 U.S.C. 1534(a) (ii) areas authorized by section 2 of the Refuge Recreation Act ( 16 U.S.C. 460k1 (iii) national wildlife refuge areas under section 7(a)(4) of the Fish and Wildlife Act of 1956 ( 16 U.S.C. 742f(a)(4) 16 U.S.C. 3922 (iv) any area authorized for the National Wildlife Refuge System by specific Acts. (3)  Payment as offset of capital costs Amounts shall be allotted for payment into miscellaneous receipts of the Treasury as a partial offset for capital costs, if any, of Federal water development projects authorized to be constructed by or pursuant to an Act of Congress that are allocated to public recreation and the enhancement of fish and wildlife values and financed through appropriations to water resource agencies. (4)  Availability of appropriations Appropriations allotted for the acquisition of land, water, or an interest in land or water as set forth under subparagraphs (A) and (B) of paragraph (2) shall be available for those acquisitions notwithstanding any statutory ceiling on the appropriations contained in any other provision of law enacted prior to January 4, 1977 January 15, 1979 (b)  Acquisition Restrictions Appropriations from the Fund pursuant to this section shall not be used for acquisition unless the acquisition is otherwise authorized by law. Appropriations from the Fund may be used for preacquisition work where authorization is imminent and where substantial monetary savings could be realized. (c)  Recreational Public Access. (1)  In general Of the amounts made available for expenditure in any fiscal year under section 200303, there shall be made available for recreational public access projects identified on the priority list developed under paragraph (2) not less than the greater of (A) an amount equal to 3 percent of those amounts; or (B) $15,000,000. (2)  Priority list The Secretary and the Secretary of Agriculture, in consultation with the head of each affected Federal agency, shall annually develop a priority list for projects that, through acquisition of land (or an interest in land), secure recreational public access to Federal land under the jurisdiction of the applicable Secretary for hunting, fishing, recreational shooting, or other outdoor recreational purposes. (d)  Acquisition Considerations In determining whether to acquire land (or an interest in land) under this section, the Secretary and the Secretary of Agriculture shall take into account (1) the significance of the acquisition; (2) the urgency of the acquisition; (3) management efficiencies; (4) management cost savings; (5) geographic distribution; (6) threats to the integrity of the land; and (7) the recreational value of the land. ( Pub. L. 113287,  3 Dec. 19, 2014 128 Stat. 3177 Pub. L. 1169, title III,  3001(d) Mar. 12, 2019 133 Stat. 755 Pub. L. 116152,  3(b)(2) Aug. 4, 2020 134 Stat. 687        Historical and Revision Notes  Revised Section Source (U.S. Code) Source (Statutes at Large)  200306 16 U.S.C. 460 l Pub. L. 88578, title I,  7 Sept. 3, 1964 78 Stat. 903 Pub. L. 90401,  1(c) July 15, 1968 82 Stat. 355 Pub. L. 92347,  2 July 11, 1972 86 Stat. 459 Pub. L. 93205,  13(c) Dec. 28, 1973 87 Stat. 902 Pub. L. 94422, title I,  101(4) Sept. 28, 1976 90 Stat. 1317 Pub. L. 9542,  1(3) June 10, 1977 91 Stat. 210 Pub. L. 96203,  2 Mar. 10, 1980 94 Stat. 81 Pub. L. 99645, title III,  302 Nov. 10, 1986 100 Stat. 3587 Pub. L. 103437,  6(p)(3) Nov. 2, 1994 108 Stat. 4586 Pub. L. 104333, div. I, title VIII,  814(b) Nov. 12, 1996 110 Stat. 4194 Pub. L. 106176, title I Mar. 10, 2000 114 Stat. 28 In subsection (a)(4), the words  January 4, 1977 January 15, 1979 Editorial Notes Amendments 2020Subsec. (a)(2)(B)(iii). Pub. L. 116152 2019Subsec. (c). Pub. L. 1169,  3001(d) Subsec. (d). Pub. L. 1169,  3001(e)  200307. Availability of Fund amounts for publicity purposes (a)  In General Amounts derived from the sources listed in section 200302 of this title (b)  Exception for Temporary Signing In a case where significant acquisition or development is initiated, appropriate standardized temporary signing shall be located on or near the affected site, to the extent feasible, so as to indicate the action taken is a product of funding made available through the Fund. The signing may indicate the percentage amounts and dollar amounts financed by Federal and non-Federal funds, and that the source of the funding includes amounts derived from Outer Continental Shelf receipts. The Secretary shall prescribe standards and guidelines for the usage of the signing to ensure consistency of design and application. ( Pub. L. 113287,  3 Dec. 19, 2014 128 Stat. 3179        Historical and Revision Notes  Revised Section Source (U.S. Code) Source (Statutes at Large)  200307 16 U.S.C. 460 l Pub. L. 88578, title I,  8 Sept. 3, 1964 78 Stat. 903 Pub. L. 92347,  2 July 11, 1972 86 Stat. 459 Pub. L. 94422, title I,  101(5) Sept. 28, 1976 90 Stat. 1318  200308. Contracts for acquisition of land and water  Not more than $30,000,000 of the amount authorized to be appropriated from the Fund by section 200303 of this title section 200306(a)(2) of this title ( Pub. L. 113287,  3 Dec. 19, 2014 128 Stat. 3179        Historical and Revision Notes  Revised Section Source (U.S. Code) Source (Statutes at Large)  200308 16 U.S.C. 460 l Pub. L. 88578, title I,  9 Pub. L. 90401,  4 July 15, 1968 82 Stat. 355 Pub. L. 91308,  3 July 7, 1970 84 Stat. 410 Pub. L. 92347,  2 July 11, 1972 86 Stat. 459 Pub. L. 93303,  3 June 7, 1974 88 Stat. 194 Statutory Notes and Related Subsidiaries Rescission of Contract Authority Provisions rescinding contract authority provided for specific fiscal years by 54 U.S.C. 200308 16 U.S.C. 460 l l Pub. L. 11531, div. G, title I May 5, 2017 131 Stat. 443 Pub. L. 114113, div. G, title I Dec. 18, 2015 129 Stat. 2532 Pub. L. 113235, div. F, title I Dec. 16, 2014 128 Stat. 2402 Pub. L. 11376, div. G, title I Jan. 17, 2014 128 Stat. 295  200309. Contracts for options to acquire land and water in System  The Secretary may enter into contracts for options to acquire land, water, or interests in land or water within the exterior boundaries of any area the acquisition of which is authorized by law for inclusion in the System. The minimum period of any such option shall be 2 years, and any sums expended for the purchase of an option shall be credited to the purchase price of the area. Not more than $500,000 of the sum authorized to be appropriated from the Fund by section 200303 of this title ( Pub. L. 113287,  3 Dec. 19, 2014 128 Stat. 3179        Historical and Revision Notes  Revised Section Source (U.S. Code) Source (Statutes at Large)  200309 16 U.S.C. 460 l Pub. L. 88578, title I,  10 Pub. L. 90401,  4 July 15, 1968 82 Stat. 355 Pub. L. 92347,  2 July 11, 1972 86 Stat. 459  200310. Transfers to and from Fund (a)  Motorboat Fuel Taxes There shall be set aside in the Fund the amounts specified in section 9503(c)(3)(B) of the Internal Revenue Code of 1986 ( 26 U.S.C. 9503(c)(3)(B) (b)  Refunds of Taxes There shall be paid from time to time from the Fund into the general fund of the Treasury amounts estimated by the Secretary of the Treasury as equivalent to (1) the amounts paid before October 1, 2029 26 U.S.C. 6421 December 31, 1964 October 1, 2028 (2) 80 percent of the floor stocks refunds made before October 1, 2029 26 U.S.C. 6412(a)(1) ( Pub. L. 113287,  3 Dec. 19, 2014 128 Stat. 3179 Pub. L. 11494, div. C, title XXXI,  31102(e)(2)(B) Dec. 4, 2015 129 Stat. 1728 Pub. L. 11758, div. H, title I,  80102(e)(2)(B) Nov. 15, 2021 135 Stat. 1328        Historical and Revision Notes  Revised Section Source (U.S. Code) Source (Statutes at Large)  200310 16 U.S.C. 460 l Pub. L. 88578, title II,  201 Sept. 3, 1964 78 Stat. 904 Pub. L. 91605, title III,  302 Dec. 31, 1970 84 Stat. 1743 Pub. L. 94273,  3(4) Apr. 21, 1976 90 Stat. 376 Pub. L. 94280, title III,  302 May 5, 1976 90 Stat. 456 Pub. L. 95599, title V,  503(b) Nov. 6, 1978 92 Stat. 2757 Pub. L. 97424, title V,  531(c) Jan. 6, 1983 96 Stat. 2191 Pub. L. 99514,  2 Oct. 22, 1986 100 Stat. 2095 Pub. L. 10017, title V,  503(c) Apr. 2, 1987 101 Stat. 258 Pub. L. 101508, title XI,  11211(g)(2) Nov. 5, 1990 104 Stat. 1388427 Pub. L. 102240, title VIII,  8002(d)(2)(B) Dec. 18, 1991 105 Stat. 2204 Pub. L. 105178, title IX,  9002(c)(2)(B) June 9, 1998 112 Stat. 500 Pub. L. 10959, title XI,  11101(c)(2)(B) Aug. 10, 2005 119 Stat. 1944 Pub. L. 11230, title I,  142(e)(2)(B) Sept. 16, 2011 125 Stat. 356 Pub. L. 112102, title IV Mar. 30, 2012 126 Stat. 282 Pub. L. 112140, title IV June 29, 2012 126 Stat. 403 Pub. L. 112141, div. D, title I July 6, 2012 126 Stat. 845 In subsection (a), the words (relating to special motor fuels and gasoline used in motorboats) are omitted as unnecessary. In subsection (b), the words (relating to amounts paid in respect of gasoline used for certain nonhighway purposes or by local transit systems) are omitted as unnecessary. Editorial Notes Amendments 2021Subsec. (b). Pub. L. 11758 October 1, 2029 October 1, 2023 October 1, 2028 October 1, 2022 2015Subsec. (b)(1). Pub. L. 11494 October 1, 2023 October 1, 2017 October 1, 2022 October 1, 2016 Subsec. (b)(2). Pub. L. 11494,  31102(e)(2)(B)(i) October 1, 2023 October 1, 2017 Statutory Notes and Related Subsidiaries Effective Date of 2021 Amendment Amendment by Pub. L. 11758 Oct. 1, 2021 section 80102(f) of Pub. L. 11758 section 4041 of Title 26 Effective Date of 2015 Amendment Amendment by Pub. L. 11494 Oct. 1, 2016 section 31102(f) of Pub. L. 11494 section 4041 of Title 26 CHAPTER 2004 NATIONAL PARKS AND PUBLIC LAND LEGACY RESTORATION FUND    Sec.  200401. Definitions.  200402. National Parks and Public Land Legacy Restoration Fund.  200401. Definitions In this chapter: (1)  Asset The term asset means any real property, including any physical structure or grouping of structures, landscape, trail, or other tangible property, that (A) has a specific service or function; and (B) is tracked and managed as a distinct, identifiable entity by the applicable covered agency. (2)  Covered agency The term covered agency means (A) the Service; (B) the United States Fish and Wildlife Service; (C) the Forest Service; (D) the Bureau of Land Management; and (E) the Bureau of Indian Education. (3)  Fund The term Fund means the National Parks and Public Land Legacy Restoration Fund established by section 200402(a). (4)  Project The term project means any activity to reduce or eliminate deferred maintenance of an asset, which may include resolving directly related infrastructure deficiencies of the asset that would not by itself be classified as deferred maintenance. (Added Pub. L. 116152,  2(a) Aug. 4, 2020 134 Stat. 682  200402. National Parks and Public Land Legacy Restoration Fund (a)  Establishment There is established in the Treasury of the United States a fund to be known as the National Parks and Public Land Legacy Restoration Fund. (b)  Deposits. (1)  In general Except as provided in paragraph (2), for each of fiscal years 2021 through 2025, there shall be deposited in the Fund an amount equal to 50 percent of all energy development revenues due and payable to the United States from oil, gas, coal, or alternative or renewable energy development on Federal land and water credited, covered, or deposited as miscellaneous receipts under Federal law in the preceding fiscal year. (2)  Maximum amount The amount deposited in the Fund under paragraph (1) shall not exceed $1,900,000,000 for any fiscal year. (3)  Effect on other revenues Nothing in this section affects the disposition of revenues that (A) are due to the United States, special funds, trust funds, or States from mineral and energy development on Federal land and water; or (B) have been otherwise appropriated (i) under Federal law, including (I) the Gulf of Mexico Energy Security Act of 2006 ( 43 U.S.C. 1331 Public Law 109432 (II) the Mineral Leasing Act ( 30 U.S.C. 181 (ii) from (I) the Land and Water Conservation Fund established under chapter 2003; or (II) the Historic Preservation Fund established under chapter 3031. (c)  Availability of Funds Amounts deposited in the Fund shall be available to the Secretary and the Secretary of Agriculture, as provided in subsection (e), without further appropriation or fiscal year limitation. (d)  Investment of Amounts. (1)  In general The Secretary may request the Secretary of the Treasury to invest any portion of the Fund that is not, as determined by the Secretary, in consultation with the Secretary of Agriculture, required to meet the current needs of the Fund. (2)  Requirement An investment requested under paragraph (1) shall be made by the Secretary of the Treasury in a public debt security (A) with a maturity suitable to the needs of the Fund, as determined by the Secretary; and (B) bearing interest at a rate determined by the Secretary of the Treasury, taking into consideration current market yields on outstanding marketable obligations of the United States of comparable maturity. (3)  Credits to fund The income on investments of the Fund under this subsection shall be credited to, and form a part of, the Fund. (e)  Use of Funds. (1)  In general Amounts deposited in the Fund for each fiscal year shall be used for priority deferred maintenance projects in the System, in the National Wildlife Refuge System, on public land administered by the Bureau of Land Management, for the Bureau of Indian Education schools, and in the National Forest System, as follows: (A) 70 percent of the amounts deposited in the Fund for each fiscal year shall be allocated to the Service. (B) 15 percent of the amounts deposited in the Fund for each fiscal year shall be allocated to the Forest Service. (C) 5 percent of the amounts deposited in the Fund for each fiscal year shall be allocated to the United States Fish and Wildlife Service. (D) 5 percent of the amounts deposited in the Fund for each fiscal year shall be allocated to the Bureau of Land Management. (E) 5 percent of the amounts deposited in the Fund for each fiscal year shall be allocated to the Bureau of Indian Education. (2)  Limitations. (A)  Non-transportation projects Over the term of the Fund, within each covered agency, not less than 65 percent of amounts from the Fund shall be allocated for non-transportation projects. (B)  Transportation projects The amounts remaining in the Fund after the allocations required under subparagraph (A) may be allocated for transportation projects of the covered agencies, including paved and unpaved roads, bridges, tunnels, and paved parking areas. (C)  Plan Any priority deferred maintenance project funded under this section shall be consistent with an applicable transportation, deferred maintenance, or capital improvement plan developed by the applicable covered agency. (f)  Prohibited Use of Funds No amounts in the Fund shall be used (1) for land acquisition; (2) to supplant discretionary funding made available for annually recurring facility operations, maintenance, and construction needs; or (3) for bonuses for employees of the Federal Government that are carrying out this section. (g)  Submission of Priority List of Projects to Congress Not later than 90 days after the date of enactment of this section, the Secretary and the Secretary of Agriculture shall submit to the Committees on Energy and Natural Resources and Appropriations of the Senate and the Committees on Natural Resources and Appropriations of the House of Representatives a list of projects to be funded for fiscal year 2021 that (1) are identified by the Secretary and the Secretary of Agriculture as priority deferred maintenance projects; and (2) as of the date of the submission of the list, are ready to be implemented. (h)  Submission of Annual List of Projects to Congress Until the date on which all of the amounts in the Fund are expended, the President shall annually submit to Congress, together with the annual budget of the United States, a list of projects to be funded from the Fund that includes a detailed description of each project, including the estimated expenditures from the Fund for the project for the applicable fiscal year. (i)  Alternate Allocation. (1)  In general Appropriations Acts may provide for alternate allocation of amounts made available under this section, consistent with the allocations to covered agencies under subsection (e)(1). (2)  Allocation by president. (A)  No alternate allocations If Congress has not enacted legislation establishing alternate allocations by the date on which the Act making full-year appropriations for the Department of the Interior, Environment, and Related Agencies for the applicable fiscal year is enacted into law, amounts made available under subsection (c) shall be allocated by the President. (B)  Insufficient alternate allocation If Congress enacts legislation establishing alternate allocations for amounts made available under subsection (c) that are less than the full amount appropriated under that subsection, the difference between the amount appropriated and the alternate allocation shall be allocated by the President. (j)  Public Donations. (1)  In general The Secretary and the Secretary of Agriculture may accept public cash or in-kind donations that advance efforts (A) to reduce the deferred maintenance backlog; and (B) to encourage relevant public-private partnerships. (2)  Credits to fund Any cash donations accepted under paragraph (1) shall be (A) credited to, and form a part of, the Fund; and (B) allocated to the covered agency for which the donation was made. (3)  Other allocations Any donations allocated to a covered agency under paragraph (2)(B) shall be allocated to the applicable covered agency independently of the allocations under subsection (e)(1). (k)  Required Consideration for Accessibility In expending amounts from the Fund, the Secretary and the Secretary of Agriculture shall incorporate measures to improve the accessibility of assets and accommodate visitors and employees with disabilities in accordance with applicable law. (Added Pub. L. 116152,  2(a) Aug. 4, 2020 134 Stat. 683  Editorial Notes  References in Text The Gulf of Mexico Energy Security Act of 2006, referred to in subsec. (b)(3)(B)(i)(I), is title I of div. C of Pub. L. 109432 Dec. 20, 2006 120 Stat. 3000 section 1331 of Title 43 The Mineral Leasing Act, referred to in subsec. (b)(3)(B)(i)(II), is act Feb. 25, 1920, ch. 85 41 Stat. 437 section 181 of Title 30 The date of enactment of this section, referred to in subsec. (g), is the date of enactment of Pub. L. 116152 Aug. 4, 2020 CHAPTER 2005 URBAN PARK AND RECREATION RECOVERY PROGRAM    Sec.  200501. Definitions.  200502. Federal assistance.  200503. Rehabilitation grants and innovation grants.  200504. Recovery action programs.  200505. State action.  200506. Non-Federal share of project costs.  200507. Conversion of recreation property.  200508. Coordination of program.  200509. Recordkeeping.  200510. Inapplicability of matching provisions.  200511. Funding limitations.  200501. Definitions In this chapter: (1)  At-risk youth recreation grant. (A)  In general The term at-risk youth recreation grant means a grant in a neighborhood or community with a high prevalence of crime, particularly violent crime or crime committed by youthful offenders. (B)  Inclusions The term at-risk youth recreation grant includes (i) a rehabilitation grant; (ii) an innovation grant; and (iii) a matching grant for continuing program support for a program of demonstrated value or success in providing constructive alternatives to youth at risk for engaging in criminal behavior, including a grant for operating, or coordinating, a recreation program or service. (C)  Additional uses of rehabilitation grant In addition to the purposes specified in paragraph (8), a rehabilitation grant that serves as an at-risk youth recreation grant may be used for the provision of lighting, emergency phones, or any other capital improvement that will improve the security of an urban park. (2)  General purpose local government The term general purpose local government means (A) a city, county, town, township, village, or other general purpose political subdivision of a State; and (B) the District of Columbia. (3)  Innovation grant The term innovation grant means a matching grant to a local government to cover costs of personnel, facilities, equipment, supplies, or services designed to demonstrate innovative and cost-effective ways to augment park and recreation opportunities at the neighborhood level and to address common problems related to facility operations and improved delivery of recreation service, not including routine operation and maintenance activities. (4)  Maintenance The term maintenance means all commonly accepted practices necessary to keep recreation areas and facilities operating in a state of good repair and to protect them from deterioration resulting from normal wear and tear. (5)  Private, nonprofit agency The term private, nonprofit agency means a community-based, nonprofit organization, corporation, or association organized for purposes of providing recreational, conservation, and educational services directly to urban residents on a neighborhood or communitywide basis through voluntary donations, voluntary labor, or public or private grants. (6)  Recovery action program grant. (A)  In general The term recovery action program grant means a matching grant to a local government for development of local park and recreation recovery action programs to meet the requirements of this chapter. (B)  Use A recovery action program grant shall be used for resource and needs assessment, coordination, citizen involvement and planning, and program development activities to (i) encourage public definition of goals; and (ii) develop priorities and strategies for overall recreation system recovery. (7)  Recreation area or facility The term recreation area or facility means an indoor or outdoor park, building, site, or other facility that is dedicated to recreation purposes and administered by a public or private nonprofit agency to serve the recreation needs of community residents. Emphasis shall be on public facilities readily accessible to residential neighborhoods, including multiple-use community centers that have recreation as one of their primary purposes, but excluding major sports arenas, exhibition areas, and conference halls used primarily for commercial sports, spectator, or display activities. (8)  Rehabilitation grant The term rehabilitation grant means a matching capital grant to a local government for rebuilding, remodeling, expanding, or developing an existing outdoor or indoor recreation area or facility, including improvements in park landscapes, buildings, and support facilities, but excluding routine maintenance and upkeep activities. (9)  Special purpose local government. (A)  In general The term special purpose local government means a local or regional special district, public-purpose corporation, or other limited political subdivision of a State. (B)  Inclusions The term special purpose local government includes (i) a park authority; (ii) a park, conservation, water, or sanitary district; and (iii) a school district. (10)  State The term State means a State, an instrumentality of a State approved by the Governor of the State, Puerto Rico, Guam, American Samoa, the Virgin Islands, and the Northern Mariana Islands. ( Pub. L. 113287,  3 Dec. 19, 2014 128 Stat. 3180        Historical and Revision Notes  Revised Section Source (U.S. Code) Source (Statutes at Large)  200501 16 U.S.C. 2503 Pub. L. 95625, title X,  1004 Nov. 10, 1978 92 Stat. 3539 Pub. L. 103322, title III,  31502 Sept. 13, 1994 108 Stat. 1888 In paragraph (1)(C), the words that serves as an at-risk youth recreation grant are substituted for referred to in paragraph (1) of this subsection for clarity. In paragraph (2), the word parish is omitted because of 1 U.S.C. 2 Statutory Notes and Related Subsidiaries Congressional Statement of Purpose; Complementary Program Authorization; Terms and Conditions Pub. L. 95625, title X,  1003 Nov. 10, 1978 92 Stat. 3539 Pub. L. 103322, title III Sept. 13, 1994 108 Stat. 1888 The purpose of this title [now 54 U.S.C. 200501  200502. Federal assistance (a)  Eligibility Determined by Secretary Eligibility of general purpose local governments for assistance under this chapter shall be based on need as determined by the Secretary. The Secretary shall publish in the Federal Register a list of local governments eligible to participate in this program, to be accompanied by a discussion of criteria used in determining eligibility. Criteria shall be based on factors that the Secretary determines are related to deteriorated recreational facilities or systems and physical and economic distress. (b)  Additional Eligible General Purpose Local Governments In addition to eligible local governments established in accordance with subsection (a), the Secretary may establish eligibility, in accord with the findings and purpose of the Urban Park and Recreation Recovery Act of 1978 ( Public Law 95625 92 Stat. 3538 (c)  Priority Criteria for Project Selection and Approval. (1)  In general The Secretary shall establish priority criteria for project selection and approval that consider such factors as (A) population; (B) condition of existing recreation areas and facilities; (C) demonstrated deficiencies in access to neighborhood recreation opportunities, particularly for minority and low- and moderate-income residents; (D) public participation in determining rehabilitation or development needs; (E) the extent to which a project supports or complements target activities undertaken as part of a local governments overall community development and urban revitalization program; (F) the extent to which a proposed project would provide (i) employment opportunities for minorities, youth, and low- and moderate-income residents in the project neighborhood; (ii) for participation of neighborhood, nonprofit, or tenant organizations in the proposed rehabilitation activity or in subsequent maintenance, staffing, or supervision of recreation areas and facilities; or (iii) both; and (G) the amount of State and private support for a project as evidenced by commitments of non-Federal resources to project construction or operation. (2)  At-risk youth recreation grants For at-risk youth recreation grants, the Secretary shall give a priority to each of the following criteria: (A) Programs that are targeted to youth who are at the greatest risk of becoming involved in violence and crime. (B) Programs that teach important values and life skills, including teamwork, respect, leadership, and self-esteem. (C) Programs that offer tutoring, remedial education, mentoring, and counseling in addition to recreation opportunities. (D) Programs that offer services during late night or other nonschool hours. (E) Programs that demonstrate collaboration between local park and recreation, juvenile justice, law enforcement, and youth social service agencies and nongovernmental entities, including the private sector and community and nonprofit organizations. (F) Programs that leverage public or private recreation investments in the form of services, materials, or cash. (G) Programs that show the greatest potential of being continued with non-Federal funds or that can serve as models for other communities. (d)  Limitation of Funds Grants to discretionary applicants under subsection (b) may not be more than 15 percent of the total amount of funds appropriated under this chapter for rehabilitation grants, innovation grants, and recovery action program grants. ( Pub. L. 113287,  3 Dec. 19, 2014 128 Stat. 3181        Historical and Revision Notes  Revised Section Source (U.S. Code) Source (Statutes at Large)  200502 16 U.S.C. 2504 Pub. L. 95625, title X,  1005 Nov. 10, 1978 92 Stat. 3540 Pub. L. 103322, title III,  31503 Sept. 13, 1994 108 Stat. 1889 In subsection (a), the words Within one hundred and twenty days after November 10, 1978 In subsection (b), the word standard is omitted as obsolete. The words the Director of the Office of Management and Budget are substituted for census. See 31 U.S.C. 1104(d) 31 U.S.C. 1104 44 U.S.C. 3504(e)(3) Editorial Notes  References in Text The Urban Park and Recreation Recovery Act of 1978 ( Public Law 95625 92 Stat. 3538 Pub. L. 95625 Nov. 10, 1978 92 Stat. 3538 Pub. L. 113287 Dec. 19, 2014 128 Stat. 3180 section 2501 of Title 16 section 200501 of this title section 100101 of this title  200503. Rehabilitation grants and innovation grants (a)  Matching Grants The Secretary may provide 70 percent matching rehabilitation grants and innovation grants directly to eligible general purpose local governments on the Secretarys approval of applications for the grants by the chief executive officials of those governments. (b)  Special Considerations An innovation grant should be closely tied to goals, priorities, and implementation strategies expressed in local park and recreation recovery action programs, with particular regard to the special considerations listed in section 200504(c)(2) of this title (c)  Transfer If consistent with an approved application, a grant recipient may transfer a rehabilitation grant or innovation grant in whole or in part to an independent special purpose local government, private nonprofit agency, or county or regional park authority if the assisted recreation area or facility owned or managed by the transferree 1 1 (d)  Payments Payments may be made only for a rehabilitation project or innovation project that has been approved by the Secretary. Payments may be made from time to time in keeping with the rate of progress toward the satisfactory completion of the project, except that the Secretary, when appropriate, may make advance payments on an approved rehabilitation project or innovation project in an amount not to exceed 20 percent of the total project cost. (e)  Modification of Project The Secretary may authorize modification of an approved project only when a grant recipient adequately demonstrates that the modification is necessary because of circumstances not foreseeable at the time at which the project was proposed. ( Pub. L. 113287,  3 Dec. 19, 2014 128 Stat. 3183        Historical and Revision Notes  Revised Section Source (U.S. Code) Source (Statutes at Large)  200503 16 U.S.C. 2505 Pub. L. 95625, title X,  1006 Nov. 10, 1978 92 Stat. 3541 In subsection (a), the words chief executive officials are substituted for chief executives for consistency in the new title. In subsection (c), the words At the discretion of such applicants are omitted as unnecessary.  200504. Recovery action programs (a)  Evidence of Local Commitment to Ongoing Programs As a requirement for project approval, local governments applying for assistance under this chapter shall submit to the Secretary evidence of their commitments to ongoing planning, rehabilitation, service, operation, and maintenance programs for their park and recreation systems. These commitments will be expressed in local park and recreation recovery action programs that maximize coordination of all community resources, including other federally supported urban development and recreation programs. During an initial interim period to be established by regulations under this chapter, this requirement may be satisfied by local government submissions of preliminary action programs that briefly define objectives, priorities, and implementation strategies for overall system recovery and maintenance and commit the applicant to a scheduled program development process. Following this interim period, all local applicants shall submit to the Secretary, as a condition of eligibility, a 5-year action program for park and recreation recovery that satisfactorily demonstrates (1) systematic identification of recovery objectives, priorities, and implementation strategies; (2) adequate planning for rehabilitation of specific recreation areas and facilities, including projections of the cost of proposed projects; (3) the capacity and commitment to ensure that facilities provided or improved under this chapter shall continue to be adequately maintained, protected, staffed, and supervised; (4) the intention to maintain total local public outlays for park and recreation purposes at levels at least equal to those in the year preceding that in which grant assistance is sought except in any case where a reduction in park and recreation outlays is proportionate to a reduction in overall spending by the applicant; and (5) the relationship of the park and recreation recovery program to overall community development and urban revitalization efforts. (b)  Continuing Planning Process Where appropriate, the Secretary may encourage local governments to meet action program requirements through a continuing planning process that includes periodic improvements and updates in action program submissions to eliminate identified gaps in program information and policy development. (c)  Special Considerations Action programs shall address, but are not limited to (1) rehabilitation of existing recreational areas and facilities, including (A) general systemwide renovation; (B) special rehabilitation requirements for recreational areas and facilities in areas of high population concentration and economic distress; and (C) restoration of outstanding or unique structures, landscaping, or similar features in parks of historical or architectural significance; and (2) local commitments to innovative and cost-effective programs and projects at the neighborhood level to augment recovery of park and recreation systems, including (A) recycling of abandoned schools and other public buildings for recreational purposes; (B) multiple use of operating educational and other public buildings, purchase of recreation services on a contractual basis; (C) use of mobile facilities and recreational, cultural, and educational programs or other innovative approaches to improving access for neighborhood residents; (D) integration of recovery program with federally assisted projects to maximize recreational opportunities through conversion of abandoned railroad and highway rights of way, waterfront, and other redevelopment efforts and such other federally assisted projects as may be appropriate; (E) conversion of recreation use of street space, derelict land, and other public land not now designated for neighborhood recreational use; and (F) use of various forms of compensated and uncompensated land regulation, tax inducements, or other means to encourage the private sector to provide neighborhood park and recreation facilities and programs. (d)  Publication in Federal Register The Secretary shall establish and publish in the Federal Register requirements for preparation, submission, and updating of local park and recreation recovery action programs. (e)  Eligibility for At-Risk Youth Recreation Grants To be eligible to receive at-risk youth recreation grants a local government shall amend its 5-year action program to incorporate the goal of reducing crime and juvenile delinquency and to provide a description of the implementation strategies to achieve this goal. The plan shall also address how the local government is coordinating its recreation programs with crime prevention efforts of law enforcement, juvenile corrections, and youth social service agencies. (f)  Matching Recovery Action Program Grants The Secretary may provide up to 50 percent matching recovery action program grants to eligible local governments for program development and planning specifically to meet the objectives of this chapter. ( Pub. L. 113287,  3 Dec. 19, 2014 128 Stat. 3183        Historical and Revision Notes  Revised Section Source (U.S. Code) Source (Statutes at Large)  200504 16 U.S.C. 2506 Pub. L. 95625, title X,  1007 Nov. 10, 1978 92 Stat. 3541 Pub. L. 103322, title III Sept. 13, 1994 108 Stat. 1889 In subsection (c)(1), the word areas is substituted for sites for consistency with the defined term and with the new chapter.  200505. State action (a)  Additional Match The Secretary may increase rehabilitation grants or innovation grants authorized in section 200503 of this title (b)  Adequate Implementation of Local Recovery Plans The Secretary shall encourage States to assist the Secretary in ensuring (1) that local recovery plans and programs are adequately implemented by cooperating with the Secretary in monitoring local park and recreation recovery plans and programs; and (2) consistency of the plans and programs, where appropriate, with State recreation policies as set forth in statewide comprehensive outdoor recreation plans. ( Pub. L. 113287,  3 Dec. 19, 2014 128 Stat. 3185        Historical and Revision Notes  Revised Section Source (U.S. Code) Source (Statutes at Large)  200505 16 U.S.C. 2507 Pub. L. 95625, title X,  1008 Nov. 10, 1978 92 Stat. 3542 In subsection (a), the words rehabilitation grants or innovation grants are substituted for Federal implementation grants for clarity. See 36 CFR 72.32(c).  200506. Non-Federal share of project costs (a)  Sources. (1)  Allowable sources The non-Federal share of project costs assisted under this chapter may be derived from general or special purpose State or local revenues, State categorical grants, special appropriations by State legislatures, donations of land, buildings, or building materials, and in-kind construction, technical, and planning services. Reasonable local costs of recovery action program development to meet the requirements of section 200504(a) of this title (2)  Non-allowable sources No amount from the Land and Water Conservation Fund or from any other Federal grant program other than the community development block grant programs shall be used to match Federal grants under this program. (b)  Encouragement of States and Private Interests The Secretary shall encourage States and private interests to contribute, to the maximum extent possible, to the non-Federal share of project costs. ( Pub. L. 113287,  3 Dec. 19, 2014 128 Stat. 3185        Historical and Revision Notes  Revised Section Source (U.S. Code) Source (Statutes at Large)  200506 16 U.S.C. 2508 Pub. L. 95625, title X,  1009 Nov. 10, 1978 92 Stat. 3543 In subsection (a), the word recovery is added after Reasonable local costs of, and the words a recovery action program grant are substituted for program development grants, for clarity. See 36 CFR 72.32(a).  200507. Conversion of recreation property  No property improved or developed with assistance under this chapter shall, without the approval of the Secretary, be converted to other than public recreation uses. The Secretary shall approve such a conversion only if the Secretary finds it to be in accord with the then-current local park and recreation recovery action program and only on such conditions as the Secretary considers necessary to ensure the provision of adequate recreation properties and opportunities of reasonably equivalent location and usefulness. ( Pub. L. 113287,  3 Dec. 19, 2014 128 Stat. 3186        Historical and Revision Notes  Revised Section Source (U.S. Code) Source (Statutes at Large)  200507 16 U.S.C. 2509 Pub. L. 95625, title X,  1010 Nov. 10, 1978 92 Stat. 3543 The words then current are substituted for current for clarity.  200508. Coordination of program The Secretary shall (1) coordinate the urban park and recreation recovery program with the total urban recovery effort and cooperate to the fullest extent possible with other Federal agencies and with State agencies that administer programs and policies affecting urban areas, including programs in housing, urban development, natural resources management, employment, transportation, community services, and voluntary action; (2) encourage maximum coordination of the program between State agencies and local applicants; and (3) require that local applicants include provisions for participation of community and neighborhood residents and for public-private coordination in recovery planning and project selection. ( Pub. L. 113287,  3 Dec. 19, 2014 128 Stat. 3186        Historical and Revision Notes  Revised Section Source (U.S. Code) Source (Statutes at Large)  200508 16 U.S.C. 2510 Pub. L. 95625, title X,  1011 Nov. 10, 1978 92 Stat. 3543 In subsection (a)(1), the word departments is omitted as being included in agency.  200509. Recordkeeping (a)  In General A recipient of assistance under this chapter shall keep such records as the Secretary shall prescribe, including (1) records that disclose (A) the amount and disposition of project undertakings in connection with which assistance under this chapter is given or used; and (B) the amount and nature of the portion of the cost of the project or undertaking that is supplied by other sources; and (2) such other records as will facilitate an effective audit. (b)  Access The Secretary and the Comptroller General shall have access for the purpose of audit and examination to any records of the recipient that are pertinent to assistance received under this chapter. ( Pub. L. 113287,  3 Dec. 19, 2014 128 Stat. 3186        Historical and Revision Notes  Revised Section Source (U.S. Code) Source (Statutes at Large)  200509 16 U.S.C. 2511 Pub. L. 95625, title X,  1012 Nov. 10, 1978 92 Stat. 3543 In subsection (a)(1), the word fully is omitted as unnecessary. In subsection (b), the words or their duly authorized representatives are omitted as unnecessary. See section 2 of Reorganization Plan No. 3 of 1950 (5 U.S.C. App., 43 U.S.C. 1451 31 U.S.C. 711(2)  200510. Inapplicability of matching provisions  Amounts authorized for Guam, American Samoa, the Virgin Islands, and the Northern Mariana Islands are not subject to the matching provisions of this chapter, and may be subject only to such conditions, reports, plans, and agreements, if any, as the Secretary may determine. ( Pub. L. 113287,  3 Dec. 19, 2014 128 Stat. 3186        Historical and Revision Notes  Revised Section Source (U.S. Code) Source (Statutes at Large)  200510 16 U.S.C. 2512(a) Pub. L. 95625, title X,  1013(a) Nov. 10, 1978 92 Stat. 3544 Pub. L. 98454, title VI,  601(a) Oct. 5, 1984 98 Stat. 1736 Pub. L. 103322, title III,  31505(a) Sept. 13, 1994 108 Stat. 1889 The text of 16 U.S.C. 2512(a)  200511. Funding limitations (a)  Limitation of Funds The amount of grants made under this chapter for projects in any one State for any fiscal year shall not be more than 15 percent of the amount made available for grants to all of the States for that fiscal year. (b)  Recovery Action Program Grants Not more than 3 percent of the amount made available for grants under this chapter for a fiscal year shall be used for recovery action program grants. (c)  Innovation Grants Not more than 10 percent of the amount made available for grants under this chapter for a fiscal year shall be used for innovation grants. (d)  Program Support Not more than 25 percent of the amount made available under this chapter to any local government shall be used for program support. (e)  No Land Acquisition No funds made available under this chapter shall be used for the acquisition of land or an interest in land. ( Pub. L. 113287,  3 Dec. 19, 2014 128 Stat. 3187        Historical and Revision Notes  Revised Section Source (U.S. Code) Source (Statutes at Large)  200511(a) 16 U.S.C. 2512(a) Pub. L. 95625, title X,  1013(a) Nov. 10, 1978 92 Stat. 3544 Pub. L. 98454, title VI,  601(a) Oct. 5, 1984 98 Stat. 1736 Pub. L. 103322, title III,  31505(a) Sept. 13, 1994 108 Stat. 1889 200511(b), (c) 16 U.S.C. 2512(a) 200511(d) 16 U.S.C. 2512(b) Pub. L. 95625, title X,  1013(b) Pub. L. 103322, title III,  31505(a) Sept. 13, 1994 108 Stat. 1890 200511(e) 16 U.S.C. 2513 Pub. L. 95625, title X,  1014 Nov. 10, 1978 92 Stat. 3544 In subsection (a), the text of 16 U.S.C. 2512(a) In subsections (b) and (c), the words made available for grants are substituted for authorized for clarity and for consistency in the section. In subsection (b), the words local park and recreation are omitted as unnecessary because of the defined term. Subtitle III National Preservation Programs DIVISION A HISTORIC PRESERVATION Subdivision  General Provisions CHAPTER 3001 POLICY    Sec.  300101. Policy.  300101. Policy It is the policy of the Federal Government, in cooperation with other nations and in partnership with States, local governments, Indian tribes, Native Hawaiian organizations, and private organizations and individuals, to (1) use measures, including financial and technical assistance, to foster conditions under which our modern society and our historic property can exist in productive harmony and fulfill the social, economic, and other requirements of present and future generations; (2) provide leadership in the preservation of the historic property of the United States and of the international community of nations and in the administration of the national preservation program; (3) administer federally owned, administered, or controlled historic property in a spirit of stewardship for the inspiration and benefit of present and future generations; (4) contribute to the preservation of nonfederally owned historic property and give maximum encouragement to organizations and individuals undertaking preservation by private means; (5) encourage the public and private preservation and utilization of all usable elements of the Nations historic built environment; and (6) assist State and local governments, Indian tribes and Native Hawaiian organizations, and the National Trust to expand and accelerate their historic preservation programs and activities. ( Pub. L. 113287,  3 Dec. 19, 2014 128 Stat. 3187        Historical and Revision Notes  Revised Section Source (U.S. Code) Source (Statutes at Large)  300101 16 U.S.C. 4701 Pub. L. 89665,  2 Pub. L. 96515, title I,  101(a) Dec. 12, 1980 94 Stat. 2988 Pub. L. 102575, title XL,  4002 Oct. 30, 1992 106 Stat. 4753 The words Native Hawaiian organizations are added for consistency in the section. In paragraph (2), the words in partnership with States, Indian tribes, Native Hawaiians, and local governments are omitted as unnecessary because the words are used in the introductory material of this section. Executive Documents  Ex. Ord. No. 11593. Protection and Enhancement of the Cultural Environment Ex. Ord. No. 11593, May 13, 1971 By virtue of the authority vested in me as President of the United States and in furtherance of the purposes and policies of the National Environmental Policy Act of 1969 ( 83 Stat. 852 42 U.S.C. 4321 80 Stat. 915 16 U.S.C. 470 54 U.S.C. 300101 49 Stat. 666 16 U.S.C. 461 18 U.S.C. 1866(a) 54 U.S.C. 102303 34 Stat. 225 18 U.S.C. 1866(b) 54 U.S.C. 320301(a) Section Policy 16 U.S.C. 470i 54 U.S.C. 304101 Sec Responsibilities of Federal agencies (a) no later than July 1, 1973 (b) exercise caution during the interim period until inventories and evaluations required by subsection (a) are completed to assure that any federally owned property that might qualify for nomination is not inadvertently transferred, sold, demolished or substantially altered. The agency head shall refer any questionable actions to the Secretary of the Interior for an opinion respecting the propertys eligibility for inclusion on the National Register of Historic Places. The Secretary shall consult with the liaison officer for historic preservation for the State or territory involved in arriving at his opinion. Where, after a reasonable period in which to review and evaluate the property, the Secretary determines that the property is likely to meet the criteria prescribed for listing on the National Register of Historic Places, the Federal agency head shall reconsider the proposal in light of national environmental and preservation policy. Where, after such reconsideration, the Federal agency head proposes to transfer, sell, demolish or substantially alter the property he shall not act with respect to the property until the Advisory Council on Historic Preservation shall have been provided an opportunity to comment on the proposal. (c) initiate measures to assure that where as a result of Federal action or assistance a property listed on the National Register of Historic Places is to be substantially altered or demolished, timely steps be taken to make or have made records, including measured drawings, photographs and maps, of the property, and that copy of such records then be deposited in the Library of Congress as part of the Historic American Buildings Survey or Historic American Engineering Record for future use and reference. Agencies may call on the Department of the Interior for advice and technical assistance in the completion of the above records. (d) initiate measures and procedures to provide for the maintenance, through preservation, rehabilitation, or restoration, of federally owned and registered sites at professional standards prescribed by the Secretary of the Interior. (e) submit procedures required pursuant to subsection (d) to the Secretary of the Interior and to the Advisory Council on Historic Preservation no later than January 1, 1972 (f) cooperate with purchasers and transferees of a property listed on the National Register of Historic Places in the development of viable plans to use such property in a manner compatible with preservation objectives and which does not result in an unreasonable economic burden to public or private interests. Sec Responsibilities of the Secretary of the Interior (a) encourage State and local historic preservation officials to evaluate and survey federally owned historic properties and, where appropriate, to nominate such properties for listing on the National Register of Historic Places. (b) develop criteria and procedures to be applied by Federal agencies in the reviews and nominations required by section 2(a). Such criteria and procedures shall be developed in consultation with the affected agencies. (c) expedite action upon nominations to the National Register of Historic Places concerning federally owned properties proposed for sale, transfer, demolition or substantial alteration. (d) encourage State and Territorial liaison officers for historic preservation to furnish information upon request to Federal agencies regarding their properties which have been evaluated with respect to historic, architectural or archaeological significance and which as a result of such evaluations have not been found suitable for listing on the National Register of Historic Places. (e) develop and make available to Federal agencies and State and local governments information concerning professional methods and techniques for preserving, improving, restoring and maintaining historic properties. (f) advise Federal agencies in the evaluation, identification, preservation, improvement, restoration and maintenance of historic properties. (g) review and evaluate the plans of transferees of surplus Federal properties transferred for historic monument purposes to assure that the historic character of such properties is preserved in rehabilitation, restoration, improvement, maintenance and repair of such properties. (h) review and comment upon Federal agency procedures submitted pursuant to section 2(e) of this order.  Richard Nixon.  Executive Order No. 13934 Ex. Ord. No. 13934, July 3, 2020 Jan. 18, 2021 May 14, 2021  Executive Order No. 13978 Ex. Ord. No. 13978, Jan. 18, 2021 May 14, 2021 CHAPTER 3003 DEFINITIONS    Sec.  300301. Agency.  300302. Certified local government.  300303. Council.  300304. Cultural park.  300305. Historic conservation district.  300306. Historic Preservation Fund.  300307. Historic preservation review commission.  300308. Historic property.  300309. Indian tribe.  300310. Local government.  300311. National Register.  300312. National Trust.  300313. Native Hawaiian.  300314. Native Hawaiian organization.  300315. Preservation or historic preservation.  300316. Secretary.  300317. State.  300318. State historic preservation review board.  300319. Tribal land.  300320. Undertaking.  300321. World Heritage Convention.  300301. Agency  In this division, the term agency has the meaning given the term in section 551 of title 5 ( Pub. L. 113287,  3 Dec. 19, 2014 128 Stat. 3188        Historical and Revision Notes  Revised Section Source (U.S. Code) Source (Statutes at Large)  300301 16 U.S.C. 470w(1) Pub. L. 89665, title III,  301(1) Pub. L. 96515, title V,  501 Dec. 12, 1980 94 Stat. 3001 Pub. L. 102575, title XL,  4019(a)(1) Oct. 30, 1992 106 Stat. 4763 Pub. L. 106208,  5(a)(10) May 26, 2000 114 Stat. 319  300302. Certified local government  In this division, the term certified local government means a local government whose local historic preservation program is certified pursuant to chapter 3025 of this title. ( Pub. L. 113287,  3 Dec. 19, 2014 128 Stat. 3188        Historical and Revision Notes  Revised Section Source (U.S. Code) Source (Statutes at Large)  300302 16 U.S.C. 470w(15) Pub. L. 89665, title III,  301(15) Pub. L. 102575, title XL,  4019(a)(12) Oct. 30, 1992 106 Stat. 4764  300303. Council  In this division, the term Council means the Advisory Council on Historic Preservation established by section 304101 of this title ( Pub. L. 113287,  3 Dec. 19, 2014 128 Stat. 3188        Historical and Revision Notes  Revised Section Source (U.S. Code) Source (Statutes at Large)  300303 16 U.S.C. 470w(16) Pub. L. 89665, title III,  301(16) Pub. L. 102575, title XL,  4019(a) Oct. 30, 1992 106 Stat. 4764  300304. Cultural park In this division, the term cultural park means a definable area that (A) is distinguished by historic property, prehistoric property, and land related to that property; and (B) constitutes an interpretive, educational, and recreational resource for the public at large. ( Pub. L. 113287,  3 Dec. 19, 2014 128 Stat. 3188        Historical and Revision Notes  Revised Section Source (U.S. Code) Source (Statutes at Large)  300304 16 U.S.C. 470w(9) Pub. L. 89665, title III,  301(9) Pub. L. 96515, title V,  501 Dec. 12, 1980 94 Stat. 3001 Pub. L. 102575, title XL,  4019(a)(7) Oct. 30, 1992 106 Stat. 4764  300305. Historic conservation district In this division, the term historic conservation district means an area that contains (1) historic property; (2) buildings having similar or related architectural characteristics; (3) cultural cohesiveness; or (4) any combination of features described in paragraphs (1) to (3). ( Pub. L. 113287,  3 Dec. 19, 2014 128 Stat. 3188        Historical and Revision Notes  Revised Section Source (U.S. Code) Source (Statutes at Large)  300305 16 U.S.C. 470w(10) Pub. L. 89665, title III,  301(10) Pub. L. 96515, title V,  501 Dec. 12, 1980 94 Stat. 3001 Pub. L. 102575, title XL,  4019(a)(8) Oct. 30, 1992 106 Stat. 4764  300306. Historic Preservation Fund  In this division, the term Historic Preservation Fund means the Historic Preservation Fund established under section 303101 of this title ( Pub. L. 113287,  3 Dec. 19, 2014 128 Stat. 3189        Historical and Revision Notes  Revised Section Source (U.S. Code) Source (Statutes at Large)  300306 no source.  300307. Historic preservation review commission In this division, the term historic preservation review commission means a board, council, commission, or other similar collegial body (1) that is established by State or local legislation as provided in section 302503(a)(2) of this title (2) the members of which are appointed by the chief elected official of a jurisdiction (unless State or local law provides for appointment by another official) from among (A) professionals in the disciplines of architecture, history, architectural history, planning, prehistoric and historic archeology, folklore, cultural anthropology, curation, conservation, and landscape architecture, or related disciplines, to the extent that those professionals are available in the community; and (B) other individuals who have demonstrated special interest, experience, or knowledge in history, architecture, or related disciplines and will provide for an adequate and qualified commission. ( Pub. L. 113287,  3 Dec. 19, 2014 128 Stat. 3189        Historical and Revision Notes  Revised Section Source (U.S. Code) Source (Statutes at Large)  300307 16 U.S.C. 470w(13) Pub. L. 89665, title III,  301(13) Pub. L. 96515, title V,  501 Dec. 12, 1980 94 Stat. 3002 Pub. L. 102575, title XL,  4019(a)(11) Oct. 30, 1992 106 Stat. 4764  300308. Historic property  In this division, the term historic property means any prehistoric or historic district, site, building, structure, or object included on, or eligible for inclusion on, the National Register, including artifacts, records, and material remains relating to the district, site, building, structure, or object. ( Pub. L. 113287,  3 Dec. 19, 2014 128 Stat. 3189        Historical and Revision Notes  Revised Section Source (U.S. Code) Source (Statutes at Large)  300308 16 U.S.C. 470w(5) Pub. L. 89665, title III,  301(5) Pub. L. 96515, title V,  501 Dec. 12, 1980 94 Stat. 3001 Pub. L. 102575, title XL,  4019(a)(4) Oct. 30, 1992 106 Stat. 4764 The words historic resource are omitted so that a uniform term is used throughout this division.  300309. Indian tribe  In this division, the term Indian tribe means an Indian tribe, band, nation, or other organized group or community, including a Native village, Regional Corporation or Village Corporation (as those terms are defined in section 3 of the Alaska Native Claims Settlement Act ( 43 U.S.C. 1602 ( Pub. L. 113287,  3 Dec. 19, 2014 128 Stat. 3189        Historical and Revision Notes  Revised Section Source (U.S. Code) Source (Statutes at Large)  300309 16 U.S.C. 470w(4) Pub. L. 89665, title III,  301(4) Pub. L. 96515, title V,  501 Dec. 12, 1980 94 Stat. 3001 Pub. L. 102575, title XL,  4019(a)(3) Oct. 30, 1992 106 Stat. 4763  300310. Local government  In this division, the term local government means a city, county, township, municipality, or borough, or any other general purpose political subdivision of any State. ( Pub. L. 113287,  3 Dec. 19, 2014 128 Stat. 3189        Historical and Revision Notes  Revised Section Source (U.S. Code) Source (Statutes at Large)  300310 16 U.S.C. 470w(3) Pub. L. 89665, title III,  301(3) Pub. L. 96515, title V,  501 Dec. 12, 1980 94 Stat. 3001 The word parish is omitted as unnecessary because of 1 U.S.C. 2  300311. National Register  In this division, the term National Register means the National Register of Historic Places maintained under chapter 3021 of this title. ( Pub. L. 113287,  3 Dec. 19, 2014 128 Stat. 3189        Historical and Revision Notes  Revised Section Source (U.S. Code) Source (Statutes at Large)  300311 16 U.S.C. 470w(6) Pub. L. 89665, title III,  301(6) Pub. L. 96515, title V,  501 Dec. 12, 1980 94 Stat. 3001  300312. National Trust  In this division, the term National Trust means the National Trust for Historic Preservation in the United States established under section 312102 of this title ( Pub. L. 113287,  3 Dec. 19, 2014 128 Stat. 3189        Historical and Revision Notes  Revised Section Source (U.S. Code) Source (Statutes at Large)  300312 no source.  300313. Native Hawaiian  In this division, the term Native Hawaiian means any individual who is a descendant of the aboriginal people who, prior to 1778, occupied and exercised sovereignty in the area that now constitutes Hawaii. ( Pub. L. 113287,  3 Dec. 19, 2014 128 Stat. 3190        Historical and Revision Notes  Revised Section Source (U.S. Code) Source (Statutes at Large)  300313 16 U.S.C. 470w(17) Pub. L. 89665, title III,  301(17) Pub. L. 102575, title XL,  4019(a)(12) Oct. 30, 1992 106 Stat. 4764  300314. Native Hawaiian organization (a)  In general In this division, the term Native Hawaiian organization means any organization that (1) serves and represents the interests of Native Hawaiians; (2) has as a primary and stated purpose the provision of services to Native Hawaiians; and (3) has demonstrated expertise in aspects of historic preservation that are culturally significant to Native Hawaiians. (b)  Inclusions In this division, the term Native Hawaiian organization includes the Office of Hawaiian Affairs of Hawaii and Hui Malama I Na Kupuna O Hawaii Nei, an organization incorporated under the laws of the State of Hawaii. ( Pub. L. 113287,  3 Dec. 19, 2014 128 Stat. 3190        Historical and Revision Notes  Revised Section Source (U.S. Code) Source (Statutes at Large)  300314 16 U.S.C. 470w(18) Pub. L. 89665, title III,  301(18) Pub. L. 102575, title XL,  4019(a) Oct. 30, 1992 106 Stat. 4764  300315. Preservation or historic preservation In this division, the term preservation or historic preservation includes (1) identification, evaluation, recordation, documentation, curation, acquisition, protection, management, rehabilitation, restoration, stabilization, maintenance, research, interpretation, and conservation; (2) education and training regarding the foregoing activities; or (3) any combination of the foregoing activities. ( Pub. L. 113287,  3 Dec. 19, 2014 128 Stat. 3190        Historical and Revision Notes  Revised Section Source (U.S. Code) Source (Statutes at Large)  300315 16 U.S.C. 470w(8) Pub. L. 89665, title III,  301(8) Pub. L. 96515, title V,  501 Dec. 12, 1980 94 Stat. 3001 Pub. L. 102575, title XL,  4019(a)(6) Oct. 30, 1992 106 Stat. 4764  300316. Secretary  In this division, the term Secretary means the Secretary acting through the Director. ( Pub. L. 113287,  3 Dec. 19, 2014 128 Stat. 3190        Historical and Revision Notes  Revised Section Source (U.S. Code) Source (Statutes at Large)  300316 16 U.S.C. 470w(11) Pub. L. 89665, title III,  301(11) Pub. L. 96515, title V,  501 Dec. 12, 1980 94 Stat. 3001 Pub. L. 102575, title XL,  4019(a)(9) Oct. 30, 1992 106 Stat. 4764  300317. State In this division, the term State means (1) a State, the District of Columbia, Puerto Rico, Guam, American Samoa, the Virgin Islands, and the Northern Mariana Islands; and (2) the Republic of the Marshall Islands, the Federated States of Micronesia, and the Republic of Palau. ( Pub. L. 113287,  3 Dec. 19, 2014 128 Stat. 3190        Historical and Revision Notes  Revised Section Source (U.S. Code) Source (Statutes at Large)  300317 16 U.S.C. 470w(2) Pub. L. 89665, title III,  301(2) Pub. L. 96515, title V,  501 Dec. 12, 1980 94 Stat. 3001 Pub. L. 102575, title XL,  4019(a)(2) Oct. 30, 1992 106 Stat. 4763  300318. State historic preservation review board In this division, the term State historic preservation review board means a board, council, commission, or other similar collegial body established as provided in section 302301(2) of this title (1) the members of which are appointed by the State Historic Preservation Officer (unless otherwise provided for by State law); (2) a majority of the members of which are professionals qualified in history, prehistoric and historic archeology, architectural history, architecture, folklore, cultural anthropology, curation, conservation, landscape architecture, and related disciplines; and (3) that has the authority to (A) review National Register nominations and appeals from nominations; (B) review appropriate documentation submitted in conjunction with the Historic Preservation Fund; (C) provide general advice and guidance to the State Historic Preservation Officer; and (D) perform such other duties as may be appropriate. ( Pub. L. 113287,  3 Dec. 19, 2014 128 Stat. 3190        Historical and Revision Notes  Revised Section Source (U.S. Code) Source (Statutes at Large)  300318 16 U.S.C. 470w(12) Pub. L. 89665, title III,  301(12) Pub. L. 96515, title V,  501 Dec. 12, 1980 94 Stat. 3001 Pub. L. 102575, title XL,  4019(a) Oct. 30, 1992 106 Stat. 4764 Pub. L. 106208,  5(a)(10) May 26, 2000 114 Stat. 319  300319. Tribal land In this division, the term tribal land means (1) all land within the exterior boundaries of any Indian reservation; and (2) all dependent Indian communities. ( Pub. L. 113287,  3 Dec. 19, 2014 128 Stat. 3191        Historical and Revision Notes  Revised Section Source (U.S. Code) Source (Statutes at Large)  300319 16 U.S.C. 470w(14) Pub. L. 89665, title III,  301(14) Pub. L. 102575, title XL,  4019(a)(12) Oct. 30, 1992 106 Stat. 4764  300320. Undertaking In this division, the term undertaking means a project, activity, or program funded in whole or in part under the direct or indirect jurisdiction of a Federal agency, including (1) those carried out by or on behalf of the Federal agency; (2) those carried out with Federal financial assistance; (3) those requiring a Federal permit, license, or approval; and (4) those subject to State or local regulation administered pursuant to a delegation or approval by a Federal agency. ( Pub. L. 113287,  3 Dec. 19, 2014 128 Stat. 3191        Historical and Revision Notes  Revised Section Source (U.S. Code) Source (Statutes at Large)  300320 16 U.S.C. 470w(7) Pub. L. 89665, title III,  301(7) Pub. L. 96515, title V,  501 Dec. 12, 1980 94 Stat. 3001 Pub. L. 102575, title XL,  4019(a)(5) Oct. 30, 1992 106 Stat. 4764  300321. World Heritage Convention  In this division, the term World Heritage Convention means the Convention concerning the Protection of the World Cultural and Natural Heritage, done at Paris November 23, 1972 ( Pub. L. 113287,  3 Dec. 19, 2014 128 Stat. 3191        Historical and Revision Notes  Revised Section Source (U.S. Code) Source (Statutes at Large)  300321 no source. The words the Trust Territory of the Pacific Islands . . . and, upon termination of the Trusteeship Agreement for the Trust Territories of the Pacific Islands are omitted as obsolete. See note at 48 U.S.C. prec. 1681. For continued application of certain laws of the United States in certain cases, see the Covenant to Establish a Commonwealth of the Northern Mariana Islands in Political Union with the United States of America ( 48 U.S.C. 1801 48 U.S.C. 1901 48 U.S.C. 1931 Subdivision  Historic Preservation Program CHAPTER 3021 NATIONAL REGISTER OF HISTORIC PLACES    Sec.  302101. Maintenance by Secretary.  302102. Inclusion of properties on National Register.  302103. Criteria and regulations relating to National Register, National Historic Landmarks, and World Heritage List.  302104. Nominations for inclusion on National Register.  302105. Owner participation in nomination process.  302106. Retention of name.  302107. Regulations.  302108. Review of threats to historic property.  302101. Maintenance by Secretary  The Secretary may expand and maintain a National Register of Historic Places composed of districts, sites, buildings, structures, and objects significant in American history, architecture, archeology, engineering, and culture. ( Pub. L. 113287,  3 Dec. 19, 2014 128 Stat. 3191        Historical and Revision Notes  Revised Section Source (U.S. Code) Source (Statutes at Large)  302101 16 U.S.C. 470a(a)(1)(A) Pub. L. 89665, title I,  101(a)(1)(A) Oct. 15, 1966 80 Stat. 915 Pub. L. 91383,  11 Pub. L. 94458,  2 Oct. 7, 1976 90 Stat. 1942 Pub. L. 9354,  1(d) July 1, 1973 87 Stat. 139 Pub. L. 96205, title VI,  608(a)(1) Mar. 12, 1980 94 Stat. 92 Pub. L. 96515, title II,  201(a) Dec. 12, 1980 94 Stat. 2988 Statutory Notes and Related Subsidiaries Recovery of Fees for Review Services for Historic Preservation Tax Certification Pub. L. 106113, div. B,  1000(a)(3) [title I] Nov. 29, 1999 113 Stat. 1535 That notwithstanding any other provision of law, the National Park Service may hereafter recover all fees derived from providing necessary review services associated with historic preservation tax certification, and such funds shall be available until expended without further appropriation for the costs of such review services. Historically Black Colleges and Universities Historic Building Restoration and Preservation Pub. L. 104333, div. I, title V,  507 Nov. 12, 1996 110 Stat. 4156 Pub. L. 1087, div. F, title I,  150 Feb. 20, 2003 117 Stat. 245 Pub. L. 1169, title II,  2402 Mar. 12, 2019 133 Stat. 747  (a)  Authority To Make Grants From the amounts made available to carry out the National Historic Preservation Act [see 54 U.S.C. 300101 (b)  Grant Conditions Grants made under subsection (a) shall be subject to the condition that the grantee covenants, for the period of time specified by the Secretary, that (1) no alteration will be made in the property with respect to which the grant is made without the concurrence of the Secretary; and (2) reasonable public access to the property with respect to which the grant is made will be permitted by the grantee for interpretive and educational purposes. (c)  Matching Requirement for Buildings and Structures Listed on the National Register of Historic Places. (1)  In general Except as provided by paragraphs (2) and (3), the Secretary may obligate funds made available under this section for a grant with respect to a building or structure listed on, or eligible for listing on, the National Register of Historic Places only if the grantee agrees to match, from funds derived from non-Federal sources, the amount of the grant with an amount that is equal or greater than the grant. (2)  Waiver The Secretary may waive paragraphs (1) and (3) with respect to a grant if the Secretary determines from circumstances that an extreme emergency exists or that such a waiver is in the public interest to assure the preservation of historically significant resources. (3)  Exception The Secretary shall not obligate funds made available under subsection (d)(2) for a grant with respect to a building or structure listed on, or eligible for listing on, the National Register of Historic Places unless the grantee agrees to provide, from funds derived from non-Federal sources, an amount that is equal to 30 percent of the total cost of the project for which the grant is provided. (d)  Funding Provision. (1)  In general Under section 108 of the National Historic Preservation Act [see 54 U.S.C. 303101 (2)  Additional funding In addition to amounts made available under paragraph (1), there is authorized to be appropriated from the Historic Preservation Fund to carry out this section $10,000,000 for each of fiscal years 2003 through 2008 and each of fiscal years 2019 through 2025. (e)  Regulations The Secretary shall develop such guidelines as may be necessary to carry out this section. (f)  Definitions For the purposes of this section: (1)  Historically black colleges The term historically black colleges and universities has the same meaning given the term part B institution by section 322 of the Higher Education Act of 1965 ( 20 U.S.C. 1061 (2)  Historic building and structures The term historic building and structures means a building or structure listed on, or eligible for listing on, the National Register of Historic Places or designated a National Historic Landmark. Recommendations of Historic Properties for Preservation Pub. L. 102575, title XL,  4021 Oct. 30, 1992 106 Stat. 4765 The Secretary of the Interior, in consultation with the Advisory Council, shall seek to ensure that historic properties preserved under the National Historic Preservation Act [see 54 U.S.C. 300101  302102. Inclusion of properties on National Register (a)  In General A property that meets the criteria for National Historic Landmarks established pursuant to section 302103 of this title section 302107 of this title (b)  Historic Property on National Register on December All historic property included on the National Register on December 12, 1980 (c)  Historic Property Listed in Federal Register of February or Prior to December as National Historic Landmarks All historic property listed in the Federal Register of February 6, 1979 December 12, 1980 December 12, 1980 ( Pub. L. 113287,  3 Dec. 19, 2014 128 Stat. 3191        Historical and Revision Notes  Revised Section Source (U.S. Code) Source (Statutes at Large)  302102 16 U.S.C. 470a(a)(1)(B) Pub. L. 89665, title I,  101(a)(1)(B) Oct. 15, 1966 80 Stat. 915 Pub. L. 91383,  11 Pub. L. 94458,  2 Oct. 7, 1976 90 Stat. 1942 Pub. L. 9354,  1(d) July 1, 1973 87 Stat. 139 Pub. L. 96205, title VI,  608(a)(1) Mar. 12, 1980 94 Stat. 92 Pub. L. 96515, title II,  201(a) Dec. 12, 1980 94 Stat. 2988 Pub. L. 103437,  6(d)(29) Nov. 2, 1994 108 Stat. 4584 Pub. L. 104333, div. I, title VIII,  814(d)(2)(F) Nov. 12, 1996 110 Stat. 4196 In subsection (c), the words had been established as of December 12, 1980  302103. Criteria and regulations relating to National Register, National Historic Landmarks, and World Heritage List The Secretary, in consultation with national historical and archeological associations, shall (1) establish criteria for properties to be included on the National Register and criteria for National Historic Landmarks; and (2) promulgate regulations for (A) nominating properties for inclusion on, and removal from, the National Register and the recommendation of properties by certified local governments; (B) designating properties as National Historic Landmarks and removing that designation; (C) considering appeals from recommendations, nominations, removals, and designations (or any failure or refusal by a nominating authority to nominate or designate); (D) nominating historic property for inclusion in the World Heritage List in accordance with the World Heritage Convention; (E) making determinations of eligibility of properties for inclusion on the National Register; and (F) notifying the owner of a property, any appropriate local governments, and the general public, when the property is being considered for inclusion on the National Register, for designation as a National Historic Landmark, or for nomination to the World Heritage List. ( Pub. L. 113287,  3 Dec. 19, 2014 128 Stat. 3192        Historical and Revision Notes  Revised Section Source (U.S. Code) Source (Statutes at Large)  302103 16 U.S.C. 470a(a)(2) Pub. L. 89665, title I,  101(a)(2) Oct. 15, 1966 80 Stat. 915 Pub. L. 91383,  11 Pub. L. 94458,  2 Oct. 7, 1976 90 Stat. 1942 Pub. L. 9354,  1(d) July 1, 1973 87 Stat. 139 Pub. L. 96205, title VI,  608(a)(1) Mar. 12, 1980 94 Stat. 92 Pub. L. 96515, title II,  201(a) Dec. 12, 1980 94 Stat. 2988 The words or revise are omitted as being included in establish and promulgate.  302104. Nominations for inclusion on National Register (a)  Nomination by State Subject to the requirements of section 302107 of this title section 302103 of this title section 302107 of this title section 306102 of this title (b)  Nomination by Person or Local Government Subject to the requirements of section 302107 of this title section 302103 of this title (c)  Nomination by Federal Agency Subject to the requirements of section 302107 of this title section 302103 of this title (1) completed nominations are sent to the State Historic Preservation Officer for review and comment regarding the adequacy of the nomination, the significance of the property and its eligibility for the National Register; (2) within 45 days of receiving the completed nomination, the State Historic Preservation Officer has made a recommendation regarding the nomination to the Federal Preservation Officer, except that failure to meet this deadline shall constitute a recommendation to not support the nomination; (3) the chief elected officials of the county (or equivalent governmental unit) and municipal political jurisdiction in which the property is located are notified and given 45 days in which to comment; (4) the Federal Preservation Officer forwards it to the Keeper of the National Register of Historic Places after determining that all procedural requirements have been met, including those in paragraphs (1) through (3) above; the nomination is adequately documented; the nomination is technically and professionally correct and sufficient; and may include an opinion as to whether the property meets the National Register criteria for evaluation; (5) notice is provided in the Federal Register that the nominated property is being considered for listing on the National Register that includes any comments and the recommendation of the State Historic Preservation Officer and a declaration whether the State Historic Preservation Officer has responded within the 45 day-period of review provided in paragraph (2); and (6) the Secretary addresses in the Federal Register any comments from the State Historic Preservation Officer that do not support the nomination of the property on the National Register before the property is included in the National Register. (d)  Appeal Any person or local government may appeal to the Secretary (1) a nomination of any property for inclusion on the National Register; and (2) the failure of a nominating authority to nominate a property in accordance with this chapter. ( Pub. L. 113287,  3 Dec. 19, 2014 128 Stat. 3192 Pub. L. 114289, title VIII,  802(b) Dec. 16, 2016 130 Stat. 1494        Historical and Revision Notes  Revised Section Source (U.S. Code) Source (Statutes at Large)  302104 16 U.S.C. 470a(a)(3) Pub. L. 89665, title I,  101(a)(3) Oct. 15, 1966 80 Stat. 915 Pub. L. 91383,  11 Pub. L. 94458,  2 Oct. 7, 1976 90 Stat. 1942 Pub. L. 9354,  1(d) July 1, 1973 87 Stat. 139 Pub. L. 96205, title VI,  608(a)(1) Mar. 12, 1980 94 Stat. 92 Pub. L. 96515, title II,  201(a) Dec. 12, 1980 94 Stat. 2989 In subsection (c)(1), the word historic is omitted because a historic property already is eligible for inclusion on the National Register and would not have to be nominated for inclusion. In subsection (c)(2), the words or refusal are omitted as unnecessary. Editorial Notes Amendments 2016Subsecs. (a), (b). Pub. L. 114289,  802(b)(1) Subsecs. (c), (d). Pub. L. 114289,  802(b)(2)  302105. Owner participation in nomination process (a)  Regulations The Secretary shall promulgate regulations requiring that before any property may be included on the National Register or designated as a National Historic Landmark, the owner of the property, or a majority of the owners of the individual properties within a district in the case of a historic district, shall be given the opportunity (including a reasonable period of time) to concur in, or object to, the nomination of the property for inclusion or designation. The regulations shall include provisions to carry out this section in the case of multiple ownership of a single property. (b)  When Property Shall Not Be Included on National Register or Designated as National Historic Landmark If the owner of any privately owned property, or a majority of the owners of privately owned properties within the district in the case of a historic district, object to inclusion or designation, the property shall not be included on the National Register or designated as a National Historic Landmark until the objection is withdrawn. (c)  Review by Secretary The Secretary shall review the nomination of the property when an objection has been made and shall determine whether or not the property is eligible for inclusion or designation. If the Secretary determines that the property is eligible for inclusion or designation, the Secretary shall inform the Advisory Council on Historic Preservation, the appropriate State Historic Preservation Officer, the appropriate chief elected local official, and the owner or owners of the property of the Secretarys determination. ( Pub. L. 113287,  3 Dec. 19, 2014 128 Stat. 3193        Historical and Revision Notes  Revised Section Source (U.S. Code) Source (Statutes at Large)  302105(a) 16 U.S.C. 470a(a)(6) Pub. L. 89665, title I,  101(a)(6) Oct. 15, 1966 80 Stat. 915 Pub. L. 91383,  11 Pub. L. 94458,  2 Oct. 7, 1976 90 Stat. 1942 Pub. L. 9354,  1(d) July 1, 1973 87 Stat. 139 Pub. L. 96205, title VI,  608(a)(1) Mar. 12, 1980 94 Stat. 92 Pub. L. 96515, title II,  201(a) Dec. 12, 1980 94 Stat. 2989 302105(b) 16 U.S.C. 470a(a)(6) 302105(c) 16 U.S.C. 470a(a)(6)  302106. Retention of name  Notwithstanding section 43(c) of the Act of July 5, 1946 15 U.S.C. 1125(c) ( Pub. L. 113287,  3 Dec. 19, 2014 128 Stat. 3193        Historical and Revision Notes  Revised Section Source (U.S. Code) Source (Statutes at Large)  302106 16 U.S.C. 470a(a)(1)(A) Pub. L. 89665, title I,  101(a)(1)(A) Pub. L. 106113, div. B,  1000(a)(9) [title III,  3007] Nov. 29, 1999 113 Stat. 1536  302107. Regulations The Secretary shall promulgate regulations (1) ensuring that significant prehistoric and historic artifacts, and associated records, subject to subchapter I of chapter 3061, chapter 3125, or the Archaeological Resources Protection Act of 1979 ( 16 U.S.C. 470aa (2) establishing a uniform process and standards for documenting historic property by public agencies and private parties for purposes of incorporation into, or complementing, the national historical architectural and engineering records in the Library of Congress; and (3) certifying local governments, in accordance with sections 302502 and 302503 of this title, and for the transfer of funds pursuant to section 302902(c)(4) of this title ( Pub. L. 113287,  3 Dec. 19, 2014 128 Stat. 3194        Historical and Revision Notes  Revised Section Source (U.S. Code) Source (Statutes at Large)  302107 16 U.S.C. 470a(a)(7) Pub. L. 89665, title I,  101(a)(7) Oct. 15, 1966 80 Stat. 915 Pub. L. 91383,  11 Pub. L. 94458,  2 Oct. 7, 1976 90 Stat. 1942 Pub. L. 9354,  1(d) July 1, 1973 87 Stat. 139 Pub. L. 96205, title VI,  608(a)(1) Mar. 12, 1980 94 Stat. 92 Pub. L. 96515, title II,  201(a) Dec. 12, 1980 94 Stat. 2990 In paragraph (3), the word transfer is substituted for allocation for consistency with section 302902(c)(4) of the new title. Editorial Notes  References in Text The Archaeological Resources Protection Act of 1979, referred to in par. (1), is Pub. L. 9695 Oct. 31, 1979 93 Stat. 721 section 470aa of Title 16  302108. Review of threats to historic property At least once every 4 years, the Secretary, in consultation with the Council and with State Historic Preservation Officers, shall review significant threats to historic property to (1) determine the kinds of historic property that may be threatened; (2) ascertain the causes of the threats; and (3) develop and submit to the President and Congress recommendations for appropriate action. ( Pub. L. 113287,  3 Dec. 19, 2014 128 Stat. 3194        Historical and Revision Notes  Revised Section Source (U.S. Code) Source (Statutes at Large)  302108 16 U.S.C. 470a(a)(8) Pub. L. 89665, title I,  101(a)(8) Pub. L. 102575, title XL,  4003 Oct. 30, 1992 106 Stat. 4753 CHAPTER 3023 STATE HISTORIC PRESERVATION PROGRAMS    Sec.  302301. Regulations.  302302. Program evaluation.  302303. Responsibilities of State Historic Preservation Officer.  302304. Contracts and cooperative agreements.  302301. Regulations The Secretary, in consultation with the National Conference of State Historic Preservation Officers and the National Trust, shall promulgate regulations for State Historic Preservation Programs. The regulations shall provide that a State program submitted to the Secretary under this chapter shall be approved by the Secretary if the Secretary determines that the program provides for (1) the designation and appointment by the chief elected official of the State of a State Historic Preservation Officer to administer the program in accordance with section 302303 of this title (2) an adequate and qualified State historic preservation review board designated by the State Historic Preservation Officer unless otherwise provided for by State law; and (3) adequate public participation in the State Historic Preservation Program, including the process of recommending properties for nomination to the National Register. ( Pub. L. 113287,  3 Dec. 19, 2014 128 Stat. 3194        Historical and Revision Notes  Revised Section Source (U.S. Code) Source (Statutes at Large)  302301 16 U.S.C. 470a(b)(1) Pub. L. 89665, title I,  101(b)(1) Oct. 15, 1966 80 Stat. 915 Pub. L. 91383,  11 Pub. L. 94458,  2 Oct. 7, 1976 90 Stat. 1942 Pub. L. 9354,  1(d) July 1, 1973 87 Stat. 139 Pub. L. 96205, title VI,  608(a)(1) Mar. 12, 1980 94 Stat. 92 Pub. L. 96515, title II,  201(a) Dec. 12, 1980 94 Stat. 2990 Before paragraph (1), the words or revise are omitted as unnecessary. In paragraph (1), the words chief elected official are substituted for Governor for clarity because the definition of State in section 300316 of the new title includes entities in which the chief elected official is not the Governor.  302302. Program evaluation (a)  When Evaluation Should Occcur 1 1 Occur Periodically, but not less than every 4 years after the approval of any State program under section 302301 of this title (b)  Disapproval of Program If, at any time, the Secretary determines that a major aspect of a State program is not consistent with this division, the Secretary shall disapprove the program and suspend in whole or in part any contracts or cooperative agreements with the State and the State Historic Preservation Officer under this division, until the program is consistent with this division, unless the Secretary determines that the program will be made consistent with this division within a reasonable period of time. (c)  Oversight The Secretary, in consultation with State Historic Preservation Officers, shall establish oversight methods to ensure State program consistency and quality without imposing undue review burdens on State Historic Preservation Officers. (d)  State Fiscal Audit and Management System. (1)  Substitution for comparable federal systems At the discretion of the Secretary, a State system of fiscal audit and management may be substituted for comparable Federal systems so long as the State system (A) establishes and maintains substantially similar accountability standards; and (B) provides for independent professional peer review. (2)  Fiscal audits and review by secretary The Secretary (A) may conduct periodic fiscal audits of State programs approved under this subdivision as needed; and (B) shall ensure that the programs meet applicable accountability standards. ( Pub. L. 113287,  3 Dec. 19, 2014 128 Stat. 3195        Historical and Revision Notes  Revised Section Source (U.S. Code) Source (Statutes at Large)  302302 16 U.S.C. 470a(b)(2) Pub. L. 89665, title I,  101(b)(2) Oct. 15, 1966 80 Stat. 915 Pub. L. 91383,  11 Pub. L. 94458,  2 Oct. 7, 1976 90 Stat. 1942 Pub. L. 9354,  1(d) July 1, 1973 87 Stat. 139 Pub. L. 96205, title VI,  608(a)(1) Mar. 12, 1980 94 Stat. 92 Pub. L. 96515, title II,  201(a) Dec. 12, 1980 94 Stat. 2990 Pub. L. 102575, title XL,  4004(1) Oct. 30, 1992 106 Stat. 4753  302303. Responsibilities of State Historic Preservation Officer (a)  In General It shall be the responsibility of the State Historic Preservation Officer to administer the State Historic Preservation Program. (b)  Particular Responsibilities It shall be the responsibility of the State Historic Preservation Officer to (1) in cooperation with Federal and State agencies, local governments, and private organizations and individuals, direct and conduct a comprehensive statewide survey of historic property and maintain inventories of the property; (2) identify and nominate eligible property to the National Register and otherwise administer applications for listing historic property on the National Register; (3) prepare and implement a comprehensive statewide historic preservation plan; (4) administer the State program of Federal assistance for historic preservation within the State; (5) advise and assist, as appropriate, Federal and State agencies and local governments in carrying out their historic preservation responsibilities; (6) cooperate with the Secretary, the Council, other Federal and State agencies, local governments, and private organizations and individuals to ensure that historic property is taken into consideration at all levels of planning and development; (7) provide public information, education, and training and technical assistance in historic preservation; (8) cooperate with local governments in the development of local historic preservation programs and assist local governments in becoming certified pursuant to chapter 3025; (9) consult with appropriate Federal agencies in accordance with this division on (A) Federal undertakings that may affect historic property; and (B) the content and sufficiency of any plans developed to protect, manage, or reduce or mitigate harm to that property; and (10) advise and assist in the evaluation of proposals for rehabilitation projects that may qualify for Federal assistance. ( Pub. L. 113287,  3 Dec. 19, 2014 128 Stat. 3195        Historical and Revision Notes  Revised Section Source (U.S. Code) Source (Statutes at Large)  302303 16 U.S.C. 470a(b)(3) Pub. L. 89665, title I,  101(b)(3) Oct. 15, 1966 80 Stat. 915 Pub. L. 91383,  11 Pub. L. 94458,  2 Oct. 7, 1976 90 Stat. 1942 Pub. L. 9354,  1(d) July 1, 1973 87 Stat. 139 Pub. L. 96205, title VI,  608(a)(1) Mar. 12, 1980 94 Stat. 92 Pub. L. 96515, title II,  201(a) Dec. 12, 1980 94 Stat. 2991 Pub. L. 102575, title XL,  4004(2) Oct. 30, 1992 106 Stat. 4754 In paragraph (6) of subsection (b), the word private is added before organizations for consistency with paragraph (1).  302304. Contracts and cooperative agreements (a)  State A State may carry out all or any part of its responsibilities under this chapter by contract or cooperative agreement with a qualified nonprofit organization or educational institution. (b)  Secretary. (1)  In general. (A)  Authority to assist secretary Subject to paragraphs (3) and (4), the Secretary may enter into contracts or cooperative agreements with a State Historic Preservation Officer for any State authorizing the Officer to assist the Secretary in carrying out one or more of the following responsibilities within that State: (i) Identification and preservation of historic property. (ii) Determination of the eligibility of property for listing on the National Register. (iii) Preparation of nominations for inclusion on the National Register. (iv) Maintenance of historical and archeological data bases. (v) Evaluation of eligibility for Federal preservation incentives. (B)  Authority to maintain national register Nothing in subparagraph (A) shall be construed to provide that any State Historic Preservation Officer or any other person other than the Secretary shall have the authority to maintain the National Register for properties in any State. (2)  Requirements The Secretary may enter into a contract or cooperative agreement under paragraph (1) only if (A) the State Historic Preservation Officer has requested the additional responsibility; (B) the Secretary has approved the State historic preservation program pursuant to sections 302301 and 302302 of this title; (C) the State Historic Preservation Officer agrees to carry out the additional responsibility in a timely and efficient manner acceptable to the Secretary and the Secretary determines that the Officer is fully capable of carrying out the responsibility in that manner; (D) the State Historic Preservation Officer agrees to permit the Secretary to review and revise, as appropriate in the discretion of the Secretary, decisions made by the Officer pursuant to the contract or cooperative agreement; and (E) the Secretary and the State Historic Preservation Officer agree on the terms of additional financial assistance to the State, if there is to be any, for the costs of carrying out that responsibility. (3)  Establish conditions and criteria For each significant program area under the Secretarys authority, the Secretary shall establish specific conditions and criteria essential for the assumption by a State Historic Preservation Officer of the Secretarys duties in each of those programs. (4)  Preservation programs and activities not diminished Nothing in this chapter shall have the effect of diminishing the preservation programs and activities of the Service. ( Pub. L. 113287,  3 Dec. 19, 2014 128 Stat. 3196        Historical and Revision Notes  Revised Section Source (U.S. Code) Source (Statutes at Large)  302304 16 U.S.C. 470a(b)(4) Pub. L. 89665, title I,  101(b)(4) Oct. 15, 1966 80 Stat. 915 Pub. L. 91383,  11 Pub. L. 94458,  2 Oct. 7, 1976 90 Stat. 1942 Pub. L. 9354,  1(d) July 1, 1973 87 Stat. 139 Pub. L. 96205, title VI,  608(a)(1) Mar. 12, 1980 94 Stat. 92 Pub. L. 96515, title II,  201(a) Dec. 12, 1980 94 Stat. 2991  16 U.S.C. 470a(b)(6) Pub. L. 89665, title I,  101(b)(6) Pub. L. 102575, title XL,  4004(4) Oct. 30, 1992 106 Stat. 4754 CHAPTER 3025 CERTIFICATION OF LOCAL GOVERNMENTS    Sec.  302501. Definitions.  302502. Certification as part of State program.  302503. Requirements for certification.  302504. Participation of certified local governments in National Register nominations.  302505. Eligibility and responsibility of certified local government.  302501. Definitions In this chapter: (1)  Designation The term designation means the identification and registration of property for protection that meets criteria established by a State or locality for significant historic property within the jurisdiction of a local government. (2)  Protection The term protection means protection by means of a local review process under State or local law for proposed demolition of, changes to, or other action that may affect historic property designated pursuant to this chapter. ( Pub. L. 113287,  3 Dec. 19, 2014 128 Stat. 3197        Historical and Revision Notes  Revised Section Source (U.S. Code) Source (Statutes at Large)  302501 16 U.S.C. 470a(c)(4) Pub. L. 89665, title I,  101(c)(4) Pub. L. 102575, title XL,  4005 Oct. 30, 1992 106 Stat. 4755  302502. Certification as part of State program  Any State program approved under this subdivision shall provide a mechanism for the certification by the State Historic Preservation Officer of local governments to carry out the purposes of this division and provide for the transfer, in accordance with section 302902(c)(4) of this title ( Pub. L. 113287,  3 Dec. 19, 2014 128 Stat. 3197        Historical and Revision Notes  Revised Section Source (U.S. Code) Source (Statutes at Large)  302502 16 U.S.C. 470a(c)(1) Pub. L. 89665, title I,  101(c)(1) Oct. 15, 1966 80 Stat. 915 Pub. L. 91383,  11 Pub. L. 94458,  2 Oct. 7, 1976 90 Stat. 1942 Pub. L. 9354,  1(d) July 1, 1973 87 Stat. 139 Pub. L. 96205, title VI,  608(a)(1) Mar. 12, 1980 94 Stat. 92 Pub. L. 96515, title II,  201(a) Dec. 12, 1980 94 Stat. 2991  302503. Requirements for certification (a)  Approved State Program Any local government shall be certified to participate under this section if the applicable State Historic Preservation Officer, and the Secretary, certify that the local government (1) enforces appropriate State or local legislation for the designation and protection of historic property; (2) has established an adequate and qualified historic preservation review commission by State or local legislation; (3) maintains a system for the survey and inventory of historic property that furthers the purposes of chapter 3023; (4) provides for adequate public participation in the local historic preservation program, including the process of recommending properties for nomination to the National Register; and (5) satisfactorily performs the responsibilities delegated to it under this division. (b)  No Approved State Program Where there is no State program approved under sections 302301 and 302302 of this title, a local government may be certified by the Secretary if the Secretary determines that the local government meets the requirements of subsection (a). The Secretary may make grants to the local government certified under this subsection for purposes of this subdivision. ( Pub. L. 113287,  3 Dec. 19, 2014 128 Stat. 3197        Historical and Revision Notes  Revised Section Source (U.S. Code) Source (Statutes at Large)  302503 16 U.S.C. 470a(c)(1) Pub. L. 89665, title I,  101(c)(1) Oct. 15, 1966 80 Stat. 915 Pub. L. 91383,  11 Pub. L. 94458,  2 Oct. 7, 1976 90 Stat. 1942 Pub. L. 9354,  1(d) July 1, 1973 87 Stat. 139 Pub. L. 96205, title VI,  608(a)(1) Mar. 12, 1980 94 Stat. 92 Pub. L. 96515, title II,  201(a) Dec. 12, 1980 94 Stat. 2991 In subsection (b), the words State program approved under section 302302 of this title  302504. Participation of certified local governments in National Register nominations (a)  Notice Before a property within the jurisdiction of a certified local government may be considered by a State to be nominated to the Secretary for inclusion on the National Register, the State Historic Preservation Officer shall notify the owner, the applicable chief local elected official, and the local historic preservation commission. (b)  Report The local historic preservation commission, after reasonable opportunity for public comment, shall prepare a report as to whether the property, in the Commissions opinion, meets the criteria of the National Register. Within 60 days of notice from the State Historic Preservation Officer, the chief local elected official shall transmit the report of the commission and the recommendation of the local official to the State Historic Preservation Officer. (c)  Recommendation. (1)  Property nominated to national register Except as provided in paragraph (2), after receipt of the report and recommendation, or if no report and recommendation are received within 60 days, the State shall make the nomination pursuant to section 302104 of this title (2)  Property not nominated to national register If both the commission and the chief local elected official recommend that a property not be nominated to the National Register, the State Historic Preservation Officer shall take no further action, unless, within 30 days of the receipt of the recommendation by the State Historic Preservation Officer, an appeal is filed with the State. If an appeal is filed, the State shall follow the procedures for making a nomination pursuant to section 302104 of this title ( Pub. L. 113287,  3 Dec. 19, 2014 128 Stat. 3198        Historical and Revision Notes  Revised Section Source (U.S. Code) Source (Statutes at Large)  302504 16 U.S.C. 470a(c)(2) Pub. L. 89665, title I,  101(c)(2) Oct. 15, 1966 80 Stat. 915 Pub. L. 91383,  11 Pub. L. 94458,  2 Oct. 7, 1976 90 Stat. 1942 Pub. L. 9354,  1(d) July 1, 1973 87 Stat. 139 Pub. L. 96205, title VI,  608(a)(1) Mar. 12, 1980 94 Stat. 92 Pub. L. 96515, title II,  201(a) Dec. 12, 1980 94 Stat. 2992  302505. Eligibility and responsibility of certified local government Any local government (1) that is certified under this chapter shall be eligible for funds under section 302902(c)(4) of this title (2) that is certified, or making efforts to become certified, under this chapter shall carry out any responsibilities delegated to it in accordance with such terms and conditions as the Secretary considers necessary or advisable. ( Pub. L. 113287,  3 Dec. 19, 2014 128 Stat. 3198        Historical and Revision Notes  Revised Section Source (U.S. Code) Source (Statutes at Large)  302505 16 U.S.C. 470a(c)(3) Pub. L. 89665, title I,  101(c)(3) Oct. 15, 1966 80 Stat. 915 Pub. L. 91383,  11 Pub. L. 94458,  2 Oct. 7, 1976 90 Stat. 1942 Pub. L. 9354,  1(d) July 1, 1973 87 Stat. 139 Pub. L. 96205, title VI,  608(a)(1) Mar. 12, 1980 94 Stat. 92 Pub. L. 96515, title II,  201(a) Dec. 12, 1980 94 Stat. 2992 The words or which is making efforts to become so certified are omitted in paragraph (1) for consistency with section 302902(c)(4) of the new title. CHAPTER 3027 HISTORIC PRESERVATION PROGRAMS AND AUTHORITIES FOR INDIAN TRIBES AND NATIVE HAWAIIAN ORGANIZATIONS    Sec.  302701. Program to assist Indian tribes in preserving historic property.  302702. Indian tribe to assume functions of State Historic Preservation Officer.  302703. Apportionment of grant funds.  302704. Contracts and cooperative agreements.  302705. Agreement for review under tribal historic preservation regulations.  302706. Eligibility for inclusion on National Register.  302701. Program to assist Indian tribes in preserving historic property (a)  Establishment of Program The Secretary shall establish a program and promulgate regulations to assist Indian tribes in preserving their historic property. (b)  Communication and Cooperation The Secretary shall foster communication and cooperation between Indian tribes and State Historic Preservation Officers in the administration of the national historic preservation program to (1) ensure that all types of historic property and all public interests in historic property are given due consideration; and (2) encourage coordination among Indian tribes, State Historic Preservation Officers, and Federal agencies in historic preservation planning and in the identification, evaluation, protection, and interpretation of historic property. (c)  Tribal Values The program under subsection (a) shall be developed in a manner to ensure that tribal values are taken into account to the extent feasible. The Secretary may waive or modify requirements of this subdivision to conform to the cultural setting of tribal heritage preservation goals and objectives. (d)  Scope of Tribal Programs The tribal programs implemented by specific tribal organizations may vary in scope, as determined by each Indian tribes chief governing authority. (e)  Consultation The Secretary shall consult with Indian tribes, other Federal agencies, State Historic Preservations 1 1 ( Pub. L. 113287,  3 Dec. 19, 2014 128 Stat. 3199        Historical and Revision Notes  Revised Section Source (U.S. Code) Source (Statutes at Large)  302701 16 U.S.C. 470a(d)(1) Pub. L. 89665, title I,  101(d)(1) Pub. L. 102575, title XL,  4006(a)(2) Oct. 30, 1992 106 Stat. 4755 In subsection (e), the words and initiate the program under subparagraph (A) by not later than October 1, 1994  302702. Indian tribe to assume functions of State Historic Preservation Officer An Indian tribe may assume all or any part of the functions of a State Historic Preservation Officer in accordance with sections 302302 and 302303 of this title, with respect to tribal land, as those responsibilities may be modified for tribal programs through regulations issued by the Secretary, if (1) the Indian tribes chief governing authority so requests; (2) the Indian tribe designates a tribal preservation official to administer the tribal historic preservation program, through appointment by the Indian tribes chief governing authority or as a tribal ordinance may otherwise provide; (3) the tribal preservation official provides the Secretary with a plan describing how the functions the tribal preservation official proposes to assume will be carried out; (4) the Secretary determines, after consulting with the Indian tribe, the appropriate State Historic Preservation Officer, the Council (if the Indian tribe proposes to assume the functions of the State Historic Preservation Officer with respect to review of undertakings under section 306108 of this title (A) the tribal preservation program is fully capable of carrying out the functions specified in the plan provided under paragraph (3); (B) the plan defines the remaining responsibilities of the Secretary and the State Historic Preservation Officer; and (C) the plan provides, with respect to properties neither owned by a member of the Indian tribe nor held in trust by the Secretary for the benefit of the Indian tribe, at the request of the owner of the properties, that the State Historic Preservation Officer, in addition to the tribal preservation official, may exercise the historic preservation responsibilities in accordance with sections 302302 and 302303 of this title; and (5) based on satisfaction of the conditions stated in paragraphs (1), (2), (3), and (4), the Secretary approves the plan. ( Pub. L. 113287,  3 Dec. 19, 2014 128 Stat. 3199        Historical and Revision Notes  Revised Section Source (U.S. Code) Source (Statutes at Large)  302702 16 U.S.C. 470a(d)(2) Pub. L. 89665, title I,  101(d)(2) Pub. L. 102575, title XL,  4006(a)(2) Oct. 30, 1992 106 Stat. 4756 May 26, 2000 114 Stat. 318  302703. Apportionment of grant funds  In consultation with interested Indian tribes, other Native American organizations, and affected State Historic Preservation Officers, the Secretary shall establish and implement procedures for carrying out section 302902(c)(1)(A) of this title section 302702 of this title ( Pub. L. 113287,  3 Dec. 19, 2014 128 Stat. 3200        Historical and Revision Notes  Revised Section Source (U.S. Code) Source (Statutes at Large)  302703 16 U.S.C. 470a(d)(3) Pub. L. 89665, title I,  101(d)(3) Pub. L. 102575, title XL,  4006(a)(2) Oct. 30, 1992 106 Stat. 4756  302704. Contracts and cooperative agreements At the request of an Indian tribe whose preservation program has been approved to assume functions and responsibilities pursuant to section 302702 of this title section 302304(b) of this title (1) the Secretary and the Indian tribe agree on additional financial assistance, if any, to the Indian tribe for the costs of carrying out those authorities; (2) the Secretary finds that the tribal historic preservation program has been demonstrated to be sufficient to carry out the contract or cooperative agreement and this division; and (3) the contract or cooperative agreement specifies the continuing responsibilities of the Secretary or of the appropriate State Historic Preservation Officers and provides for appropriate participation by (A) the Indian tribes traditional cultural authorities; (B) representatives of other Indian tribes whose traditional land is under the jurisdiction of the Indian tribe assuming responsibilities; and (C) the interested public. ( Pub. L. 113287,  3 Dec. 19, 2014 128 Stat. 3200        Historical and Revision Notes  Revised Section Source (U.S. Code) Source (Statutes at Large)  302704 16 U.S.C. 470a(d)(4) Pub. L. 89665, title I,  101(d)(4) Pub. L. 102575, title XL,  4006(a)(2) Oct. 30, 1992 106 Stat. 4757  302705. Agreement for review under tribal historic preservation regulations  The Council may enter into an agreement with an Indian tribe to permit undertakings on tribal land to be reviewed under tribal historic preservation regulations in place of review under regulations promulgated by the Council to govern compliance with section 306108 of this title ( Pub. L. 113287,  3 Dec. 19, 2014 128 Stat. 3201        Historical and Revision Notes  Revised Section Source (U.S. Code) Source (Statutes at Large)  302705 16 U.S.C. 470a(d)(5) Pub. L. 89665, title I,  101(d)(5) Pub. L. 102575, title XL,  4006(a)(2) Oct. 30, 1992 106 Stat. 4757  302706. Eligibility for inclusion on National Register (a)  In General Property of traditional religious and cultural importance to an Indian tribe or Native Hawaiian organization may be determined to be eligible for inclusion on the National Register. (b)  Consultation In carrying out its responsibilities under section 306108 of this title (c)  Hawaii In carrying out responsibilities under section 302303 of this title (1) consult with Native Hawaiian organizations in assessing the cultural significance of any property in determining whether to nominate the property to the National Register; (2) consult with Native Hawaiian organizations in developing the cultural component of a preservation program or plan for the property; and (3) enter into a memorandum of understanding or agreement with Native Hawaiian organizations for the assessment of the cultural significance of a property in determining whether to nominate the property to the National Register and to carry out the cultural component of the preservation program or plan. ( Pub. L. 113287,  3 Dec. 19, 2014 128 Stat. 3201        Historical and Revision Notes  Revised Section Source (U.S. Code) Source (Statutes at Large)  302706 16 U.S.C. 470a(d)(6) Pub. L. 89665, title I,  101(d)(6) Pub. L. 102575, title XL,  4006(a)(2) Oct. 30, 1992 106 Stat. 4757 CHAPTER 3029 GRANTS    Sec.  302901. Awarding of grants and availability of grant funds.  302902. Grants to States.  302903. Grants to National Trust.  302904. Direct grants for the preservation of properties included on National Register.  302905. Religious property.  302906. Grants and loans to Indian tribes and nonprofit organizations representing ethnic or minority groups.  302907. Grants to Indian tribes and Native Hawaiian organizations.  302908. Grants to the Federated States of Micronesia, the Republic of the Marshall Islands, and the Republic of Palau.  302909. Prohibited use of grant amounts.  302910. Recordkeeping.  302901. Awarding of grants and availability of grant funds (a)  In General No grant may be made under this division unless application for the grant is submitted to the Secretary in accordance with regulations and procedures prescribed by the Secretary. (b)  Grant Not Treated as Taxable Income No grant made pursuant to this division shall be treated as taxable income for purposes of the Internal Revenue Code of 1986 ( 26 U.S.C. 1 (c)  Availability The Secretary shall make funding available to individual States and the National Trust as soon as practicable after execution of a grant agreement. For purposes of administration, grants to individual States and the National Trust each shall be deemed to be one grant and shall be administered by the Service as one grant. ( Pub. L. 113287,  3 Dec. 19, 2014 128 Stat. 3202        Historical and Revision Notes  Revised Section Source (U.S. Code) Source (Statutes at Large)  302901(a) 16 U.S.C. 470b(a) Pub. L. 89665, title I,  102(a) Oct. 15, 1966 80 Stat. 916 Pub. L. 94422, title II,  201(1) Sept. 28, 1976 90 Stat. 1319 302901(b) 16 U.S.C. 470b(a) Pub. L. 89665, title I,  102(a) Pub. L. 96515, title II,  202(b) Dec. 12, 1980 94 Stat. 2993 Pub. L. 99514,  2 Oct. 22, 1986 100 Stat. 2095 302901(c) 16 U.S.C. 470b(d) Pub. L. 89665, title I,  102(d) Pub. L. 102575, title XL,  4009(3) Oct. 30, 1992 106 Stat. 4759 In subsection (b), the words Notwithstanding any other provision of law are omitted as unnecessary.  302902. Grants to States (a)  In General The Secretary shall administer a program of matching grants to the States for the purposes of carrying out this division. (b)  Conditions. (1) In general 1 1 In general No grant may be made under this division (A) unless the application is in accordance with the comprehensive statewide historic preservation plan that has been approved by the Secretary after considering its relationship to the comprehensive statewide outdoor recreation plan prepared pursuant to chapter 2003 of this title; (B) unless the grantee has agreed to make reports, in such form and containing such information, as the Secretary may from time to time require; (C) unless the grantee has agreed to assume, after completion of the project, the total cost of the continued maintenance, repair, and administration of the property in a manner satisfactory to the Secretary; or (D) until the grantee has complied with such further terms and conditions as the Secretary may consider necessary or advisable. (2)  Waiver The Secretary may waive the requirements of subparagraphs (A) and (C) of paragraph (1) for any grant under this division to the National Trust. (3)  Amount limitation. (A)  In general No grant may be made under this division for more than 60 percent of the aggregate costs of carrying out projects and programs under the administrative control of the State Historic Preservation Officer as specified in section 302303 of this title (B)  Source of state share of costs Except as permitted by other law, the State share of the costs referred to in subparagraph (A) shall be contributed by non-Federal sources. (4)  Restriction on Use of Real Property To Meet Non-Federal Share of Cost of Project No State shall be permitted to utilize the value of real property obtained before October 15, 1966 (c)  Apportionment of Grant Amounts. (1)  Bases for apportionment The amounts appropriated and made available for grants to the States (A) for the purposes of this division shall be apportioned among the States by the Secretary on the basis of needs as determined by the Secretary; and (B) for projects and programs under this division for each fiscal year shall be apportioned among the States as the Secretary determines to be appropriate. (2)  Notification The Secretary shall notify each State of its apportionment under paragraph (1)(B) within 30 days after the date of enactment of legislation appropriating funds under this division. (3)  Reapportionment Any amount of any apportionment that has not been paid or obligated by the Secretary during the fiscal year in which the notification is given or during the 2 fiscal years after that fiscal year shall be reapportioned by the Secretary in accordance with paragraph (1)(B). The Secretary shall analyze and revise as necessary the method of apportionment. The method and any revision shall be published by the Secretary in the Federal Register. (4)  Transfer of funds to certified local governments Not less than 10 percent of the annual apportionment distributed by the Secretary to each State for the purposes of carrying out this division shall be transferred by the State, pursuant to the requirements of this division, to certified local governments for historic preservation projects or programs of the certified local governments. In any year in which the total annual apportionment to the States exceeds $65,000,000, 50 percent of the excess shall also be transferred by the States to certified local governments. (5)  Guidelines for use and distribution of funds to certified local governments The Secretary shall establish guidelines for the use and distribution of funds under paragraph (4) to ensure that no certified local government receives a disproportionate share of the funds available, and may include a maximum or minimum limitation on the amount of funds distributed to any single certified local government. The guidelines shall not limit the ability of any State to distribute more than 10 percent of its annual apportionment under paragraph (4), nor shall the Secretary require any State to exceed the 10 percent minimum distribution to certified local governments. (d)  Administrative Costs The total direct and indirect administrative costs charged for carrying out State projects and programs shall not exceed 25 percent of the aggregate costs (except in the case of a grant to the Federated States of Micronesia, the Republic of the Marshall Islands, or the Republic of Palau). ( Pub. L. 113287,  3 Dec. 19, 2014 128 Stat. 3202        Historical and Revision Notes  Revised Section Source (U.S. Code) Source (Statutes at Large)  302902(a) 16 U.S.C. 470a(e)(1) Pub. L. 89665, title I,  101(e)(1) Oct. 15, 1966 80 Stat. 915 Pub. L. 91383,  11 Pub. L. 94458,  2 Oct. 7, 1976 90 Stat. 1942 Pub. L. 9354,  1(d) July 1, 1973 87 Stat. 139 Pub. L. 96205, title VI,  608(a)(1) Mar. 12, 1980 94 Stat. 92 Pub. L. 96515, title II,  201(a) Dec. 12, 1980 94 Stat. 2992 Pub. L. 102575, title XL Oct. 30, 1992 106 Stat. 4755 302902(b)(1) 16 U.S.C. 470b(a) Pub. L. 89665, title I,  102(a) Oct. 15, 1966 80 Stat. 916 Pub. L. 94422, title II,  201(1) Sept. 28, 1976 90 Stat. 1319 302902(b)(2) 16 U.S.C. 470b(b) Pub. L. 89665, title I,  102(b) Oct. 15, 1966 80 Stat. 916 Pub. L. 94422, title II,  201(1) Sept. 28, 1976 90 Stat. 1319 Pub. L. 102575, title XL,  4009(2) Oct. 30, 1992 106 Stat. 4759 302902(b) (3)(A) 16 U.S.C. 470b(a) Pub. L. 89665, title I,  102(a) Oct. 15, 1966 80 Stat. 916 Pub. L. 94422, title II,  201(1) Sept. 28, 1976 90 Stat. 1319 Pub. L. 96515, title II,  202(a) Dec. 12, 1980 94 Stat. 2993 Pub. L. 102575, title XL,  4009(1) Oct. 30, 1992 106 Stat. 4759 Pub. L. 106208,  5(a)(5) May 26, 2000 114 Stat. 318 302902(b) (3)(B) 16 U.S.C. 470b(a) Pub. L. 89665, title I,  102(a) Pub. L. 96515, title II,  202(b) Dec. 12, 1980 94 Stat. 2993 302902(b)(4) 16 U.S.C. 470b(d) 302902(c) 16 U.S.C. 470c Pub. L. 89665, title I,  103 Oct. 15, 1966 80 Stat. 916 Pub. L. 94422, title II,  201(2) Sept. 28, 1976 90 Stat. 1319 Pub. L. 96515, title II,  203 Dec. 12, 1980 94 Stat. 2993 Pub. L. 99514,  2 Oct. 22, 1986 100 Stat. 2095 Pub. L. 102575, title XL,  4010 Oct. 30, 1992 106 Stat. 4759 Pub. L. 106208,  5(a)(6) May 26, 2000 114 Stat. 318 302902(d) 16 U.S.C. 470b(e) Pub. L. 89665, title I,  102(e) Pub. L. 102575, title XL,  4009(3) Oct. 30, 1992 106 Stat. 4759 In subsection (b)(4), the words non-Federal share of the are substituted for remaining for clarity.  302903. Grants to National Trust (a)  Secretary of the Interior The Secretary may administer grants to the National Trust consistent with the purposes of its charter and this division. (b)  Secretary of Housing and Urban Development The Secretary of Housing and Urban Development may make grants to the National Trust, on terms and conditions and in amounts (not exceeding $90,000 with respect to any one structure) as the Secretary of Housing and Urban Development considers appropriate, to cover the costs incurred by the National Trust in renovating or restoring structures that the National Trust considers to be of historic or architectural value and that the National Trust has accepted and will maintain (after the renovation or restoration) for historic purposes. ( Pub. L. 113287,  3 Dec. 19, 2014 128 Stat. 3203        Historical and Revision Notes  Revised Section Source (U.S. Code) Source (Statutes at Large)  302903(a) 16 U.S.C. 470a(e)(2) Pub. L. 89665, title I,  101(e)(2) Oct. 15, 1966 80 Stat. 915 Pub. L. 91383,  11 Pub. L. 94458,  2 Oct. 7, 1976 90 Stat. 1942 Pub. L. 9354,  1(d) July 1, 1973 87 Stat. 139 Pub. L. 96205, title VI,  608(a)(1) Mar. 12, 1980 94 Stat. 92 Pub. L. 96515, title II,  201(a) Dec. 12, 1980 94 Stat. 2992 Pub. L. 102575, title XL,  4006(a)(1) Oct. 30, 1992 106 Stat. 4755 Pub. L. 106208,  5(a)(2) May 26, 2002 114 Stat. 318 302903(b) 16 U.S.C. 470b1 Pub. L. 89754, title VI,  603 Nov. 3, 1980 80 Stat. 1278 In subsection (a), the words chartered by sections 468 to 468d of this title are omitted as unnecessary. In subsection (b), the text of 16 U.S.C. 470b1(b)  302904. Direct grants for the preservation of properties included on National Register (a)  Administration of Program The Secretary shall administer a program of direct grants for the preservation of properties included on the National Register. (b)  Available Amount Funds to support the program annually shall not exceed 10 percent of the amount appropriated annually for the Historic Preservation Fund. (c)  Uses of Grants. (1)  In general Grants under this section may be made by the Secretary, in consultation with the appropriate State Historic Preservation Officer (A) for the preservation of (i) National Historic Landmarks that are threatened with demolition or impairment; and (ii) historic property of World Heritage significance; (B) for demonstration projects that will provide information concerning professional methods and techniques having application to historic property; (C) for the training and development of skilled labor in trades and crafts, and in analysis and curation, relating to historic preservation; and (D) to assist individuals or small businesses within any historic district included on the National Register to remain within the district. (2)  Limit on certain grants A grant may be made under subparagraph (A) or (D) of paragraph (1) only to the extent that the project cannot be carried out in as effective a manner through the use of an insured loan under section 303901 of this title ( Pub. L. 113287,  3 Dec. 19, 2014 128 Stat. 3204        Historical and Revision Notes  Revised Section Source (U.S. Code) Source (Statutes at Large)  302904(a) through (c)(1) 16 U.S.C. 470a(e)(3)(A) Pub. L. 89665, title I,  101(e)(3)(A) Oct. 15, 1966 80 Stat. 915 Pub. L. 91383,  11 Pub. L. 94458,  2 Oct. 7, 1976 90 Stat. 1942 Pub. L. 9354,  1(d) July 1, 1973 87 Stat. 139 Pub. L. 96205, title VI,  608(a)(1) Mar. 12, 1980 94 Stat. 92 Pub. L. 96515, title II,  201(a) Dec. 12, 1980 94 Stat. 2992 Pub. L. 102575, title XL,  4006(a)(1) Oct. 30, 1992 106 Stat. 4755 Pub. L. 106208,  5(a)(3) May 26, 2002 114 Stat. 318 302904(c)(2) 16 U.S.C. 470a(e)(3)(C) In subsection (a), the words In addition to the programs under paragraphs (1) and (2) are omitted as unnecessary. In subsection (c)(1)(D), the word individuals is substituted for persons for clarity.  302905. Religious property (a)  In General Grants may be made under this chapter for the preservation, stabilization, restoration, or rehabilitation of religious property listed on the National Register if the purpose of the grant (1) is secular; (2) does not promote religion; and (3) seeks to protect qualities that are historically significant. (b)  Effect of Section Nothing in this section shall be construed to authorize the use of any funds made available under this subdivision for the acquisition of any religious property listed on the National Register. ( Pub. L. 113287,  3 Dec. 19, 2014 128 Stat. 3204        Historical and Revision Notes  Revised Section Source (U.S. Code) Source (Statutes at Large)  302905 16 U.S.C. 470a(e)(4) Pub. L. 89665, title I,  101(e)(4) Pub. L. 102575, title XL,  4007(2) Oct. 30, 1992 106 Stat. 4758  302906. Grants and loans to Indian tribes and nonprofit organizations representing ethnic or minority groups  The Secretary may, in consultation with the appropriate State Historic Preservation Officer, make grants or loans or both under this subdivision to Indian tribes and to nonprofit organizations representing ethnic or minority groups for the preservation of their cultural heritage. ( Pub. L. 113287,  3 Dec. 19, 2014 128 Stat. 3204        Historical and Revision Notes  Revised Section Source (U.S. Code) Source (Statutes at Large)  302906 16 U.S.C. 470a(e)(3)(B) Pub. L. 89665, title I,  101(e)(3)(B) Oct. 15, 1966 80 Stat. 915 Pub. L. 91383,  11 Pub. L. 94458,  2 Oct. 7, 1976 90 Stat. 1942 Pub. L. 9354,  1(d) July 1, 1973 87 Stat. 139 Pub. L. 96205, title VI,  608(a)(1) Mar. 12, 1980 94 Stat. 92 Pub. L. 96515, title II,  201(a) Dec. 12, 1980 94 Stat. 2992 Pub. L. 102575, title XL,  4006(a)(1) Oct. 30, 1992 106 Stat. 4755 Pub. L. 106208,  5(a)(3) May 26, 2002 114 Stat. 318  302907. Grants to Indian tribes and Native Hawaiian organizations  The Secretary shall administer a program of direct grants to Indian tribes and Native Hawaiian organizations for the purpose of carrying out this division as it pertains to Indian tribes and Native Hawaiian organizations. Matching fund requirements may be modified. Federal funds available to an Indian tribe or Native Hawaiian organization may be used as matching funds for the purposes of the Indian tribes or Native Hawaiian organizations conducting its responsibilities pursuant to this subdivision. ( Pub. L. 113287,  3 Dec. 19, 2014 128 Stat. 3205        Historical and Revision Notes  Revised Section Source (U.S. Code) Source (Statutes at Large)  302907 16 U.S.C. 470a(e)(5) Pub. L. 89665, title I,  101(e)(5) Pub. L. 102575, title XL,  4007(2) Oct. 30, 1992 106 Stat. 4758  302908. Grants to the Federated States of Micronesia, the Republic of the Marshall Islands, and the Republic of Palau (a)  In General As part of the program of matching grant assistance from the Historic Preservation Fund to States, the Secretary shall administer a program of direct grants to the Federated States of Micronesia, the Republic of the Marshall Islands, and the Republic of Palau in furtherance of the Compact of Free Association between the United States and the Federated States of Micronesia and the Marshall Islands, approved by the Compact of Free Association Act of 1985 ( 48 U.S.C. 1901 1 1 48 U.S.C. 1931 (b)  Goal of Program The goal of the program shall be to establish historic and cultural preservation programs that meet the unique needs of each of those nations so that at the termination of the compacts the programs shall be firmly established. (c)  Basis of Allocating Amounts The amounts to be made available under this subsection shall be allocated by the Secretary on the basis of needs as determined by the Secretary. (d)  Waivers and Modifications The Secretary may waive or modify the requirements of this subdivision to conform to the cultural setting of those nations. Matching funds may be waived or modified. ( Pub. L. 113287,  3 Dec. 19, 2014 128 Stat. 3205        Historical and Revision Notes  Revised Section Source (U.S. Code) Source (Statutes at Large)  302908 16 U.S.C. 470a(e)(6) Pub. L. 89665, title I,  101(e)(6) Pub. L. 102575, title XL,  4007(2) Oct. 30, 1992 106 Stat. 4758 In subsection (a), the words the Trust Territory of the Pacific Islands, and upon termination of the Trusteeship Agreement for the Trust Territory of the Pacific Islands are omitted as obsolete. See note at 48 U.S.C. prec. 1681. For continued application of certain laws of the United States in certain cases, see the Covenant to Establish a Commonwealth of the Northern Mariana Islands in Political Union with the United States of America ( 48 U.S.C. 1801 48 U.S.C. 1901 48 U.S.C. 1931 Editorial Notes  References in Text The Compact of Free Association Act of 1985, referred to in subsec. (a), is Pub. L. 99239 Jan. 14, 1986 99 Stat. 1770 section 1901 of Title 48 The Joint Resolution entitled Joint Resolution to approve the Compact of Free Association between the United States and the Government of Palau, and for other purposes, referred to in subsec. (a), is Pub. L. 99658 Nov. 14, 1986 100 Stat. 3672  302909. Prohibited use of grant amounts  No part of any grant made under this subdivision shall be used to compensate any person intervening in any proceeding under this division. ( Pub. L. 113287,  3 Dec. 19, 2014 128 Stat. 3205        Historical and Revision Notes  Revised Section Source (U.S. Code) Source (Statutes at Large)  302909 16 U.S.C. 470a(f) Pub. L. 89665, title I,  101(f) Oct. 15, 1966 80 Stat. 915 Pub. L. 91383,  11 Pub. L. 94458,  2 Oct. 7, 1976 90 Stat. 1942 Pub. L. 9354,  1(d) July 1, 1973 87 Stat. 139 Pub. L. 96205, title VI,  608(a)(1) Mar. 12, 1980 94 Stat. 92 Pub. L. 96515, title II,  201(a) Dec. 12, 1980 94 Stat. 2992 Pub. L. 102575, title XL,  4006(a)(1) Oct. 30, 1992 106 Stat. 4758  302910. Recordkeeping A recipient of assistance under this division shall keep (1) such records as the Secretary shall prescribe, including records that fully disclose (A) the disposition by the recipient of the proceeds of the assistance; (B) the total cost of the project or undertaking in connection with which the assistance is given or used; and (C) the amount and nature of that portion of the cost of the project or undertaking supplied by other sources; and (2) such other records as will facilitate an effective audit. ( Pub. L. 113287,  3 Dec. 19, 2014 128 Stat. 3205        Historical and Revision Notes  Revised Section Source (U.S. Code) Source (Statutes at Large)  302910 16 U.S.C. 470e Pub. L. 89665, title I,  105 Oct. 15, 1966 80 Stat. 917 The word recipient is substituted for beneficiary for clarity. CHAPTER 3031 HISTORIC PRESERVATION FUND    Sec.  303101. Establishment.  303102. Funding.  303103. Use and availability.  Editorial Notes Amendments 2016 Pub. L. 114289, title VIII,  802(c)(2) Dec. 16, 2016 130 Stat. 1495  303101. Establishment  To carry out this division (except chapter 3041) and chapter 3121, there is established in the Treasury the Historic Preservation Fund. ( Pub. L. 113287,  3 Dec. 19, 2014 128 Stat. 3206        Historical and Revision Notes  Revised Section Source (U.S. Code) Source (Statutes at Large)  303101 16 U.S.C. 470h Pub. L. 89665, title I,  108 Oct. 15, 1966 80 Stat. 917 Pub. L. 91243,  1(a) May 9, 1970 84 Stat. 204 Pub. L. 9354,  1(a) July 1, 1973 87 Stat. 139 Pub. L. 94422, title II,  201(4) Sept. 28, 1976 90 Stat. 1320 The words (except chapter 3041) and chapter 3121 are added for clarity. The Advisory Council on Historic Preservation does not receive amounts from the Fund. The National Trust for Historic Preservation in the United States does receive amounts.  303102. Funding  For each of fiscal years 2012 to 2023, $150,000,000 shall be deposited in the Historic Preservation Fund from revenues due and payable to the United States under section 9 of the Outer Continental Shelf Lands Act ( 43 U.S.C. 1338 section 8733(b) of title 10 ( Pub. L. 113287,  3 Dec. 19, 2014 128 Stat. 3206 Pub. L. 114289, title VIII,  802(a) Dec. 16, 2016 130 Stat. 1494 Pub. L. 115232, div. A, title VIII,  809(s) Aug. 13, 2018 132 Stat. 1844        Historical and Revision Notes  Revised Section Source (U.S. Code) Source (Statutes at Large)  303102 16 U.S.C. 470h Pub. L. 89665, title I,  108 Oct. 15, 1966 80 Stat. 917 Pub. L. 91243,  1(a) May 9, 1970 84 Stat. 204 Pub. L. 9354,  1(a) July 1, 1973 87 Stat. 139 Pub. L. 94422, title II,  201(4) Sept. 28, 1976 90 Stat. 1320 Pub. L. 96515, title II,  205 Dec. 12, 1980 94 Stat. 2995 Pub. L. 100127 Oct. 9, 1987 101 Stat. 800 Pub. L. 102575, title XL,  4011 Oct. 30, 1992 106 Stat. 4760 Pub. L. 106208 May 26, 2000 114 Stat. 318 Pub. L. 109453,  1(c) Dec. 22, 2006 120 Stat. 3367 Reference to fiscal years 19772011 is omitted as obsolete. Editorial Notes Amendments 2018 Pub. L. 115232 section 8733(b) of title 10 section 7433(b) of title 10 2016 Pub. L. 114289 Statutory Notes and Related Subsidiaries Effective Date of 2018 Amendment Amendment by Pub. L. 115232 Feb. 1, 2019 section 800 of Pub. L. 115232 section 3001 of Title 10  303103. Use and availability  Amounts in the Historic Preservation Fund shall be used only to carry out this division and shall be available for expenditure only when appropriated by Congress. Any amount not appropriated shall remain available in the Historic Preservation Fund until appropriated for those purposes. Appropriations made pursuant to this section may be made without fiscal year limitation. ( Pub. L. 113287,  3 Dec. 19, 2014 128 Stat. 3206        Historical and Revision Notes  Revised Section Source (U.S. Code) Source (Statutes at Large)  303103 16 U.S.C. 470h Pub. L. 89665, title I,  108 Oct. 15, 1966 80 Stat. 917 Pub. L. 91243,  1(a) May 9, 1970 84 Stat. 204 Pub. L. 9354,  1(a) July 1, 1973 87 Stat. 139 Pub. L. 94422, title II,  201(4) Sept. 28, 1976 90 Stat. 1320 CHAPTERS 3033 THROUGH 3037 RESERVED CHAPTER 3039 MISCELLANEOUS    Sec.  303901. Loan insurance program for preservation of property included on National Register.  303902. Training in, and dissemination of information concerning, professional methods and techniques for preservation of historic property.  303903. Preservation education and training program.  303901. Loan insurance program for preservation of property included on National Register (a)  Establishment The Secretary shall establish and maintain a program by which the Secretary may, on application of a private lender, insure loans (including loans made in accordance with a mortgage) made by the lender to finance any project for the preservation of a property included on the National Register. (b)  Loan Qualifications A loan may be insured under this section if (1) the loan is made by a private lender approved by the Secretary as financially sound and able to service the loan properly; (2) the amount of the loan, and interest rate charged with respect to the loan, do not exceed the amount and rate established by the Secretary by regulation; (3) the Secretary has consulted the appropriate State Historic Preservation Officer concerning the preservation of the historic property; (4) the Secretary has determined that the loan is adequately secured and there is reasonable assurance of repayment; (5) the repayment period of the loan does not exceed the lesser of 40 years or the expected life of the asset financed; (6) the amount insured with respect to the loan does not exceed 90 percent of the loss sustained by the lender with respect to the loan; and (7) the loan, the borrower, and the historic property to be preserved meet such other terms and conditions as may be prescribed by the Secretary by regulation, especially terms and conditions relating to the nature and quality of the preservation work. (c)  Consultation The Secretary shall consult with the Secretary of the Treasury regarding the interest rate of loans insured under this section. (d)  Limitation on Amount of Unpaid Principal Balance of Loans The aggregate unpaid principal balance of loans insured under this section may not exceed the amount that has been deposited in the Historic Preservation Fund but which has not been appropriated for any purpose. (e)  Insurance Contracts Any contract of insurance executed by the Secretary under this section may be assignable, shall be an obligation supported by the full faith and credit of the United States, and shall be incontestable except for fraud or misrepresentation of which the holder had actual knowledge at the time it became a holder. (f)  Conditions and Methods of Payment as Result of Loss The Secretary shall specify, by regulation and in each contract entered into under this section, the conditions and method of payment to a private lender as a result of losses incurred by the lender on any loan insured under this section. (g)  Protection of Financial Interests of Federal Government In entering into any contract to insure a loan under this section, the Secretary shall take steps to ensure adequate protection of the financial interests of the Federal Government. The Secretary may (1) in connection with any foreclosure proceeding, obtain, on behalf of the Federal Government, the historic property securing a loan insured under this section; and (2) operate or lease the historic property for such period as may be necessary to protect the interest of the Federal Government and to carry out subsection (h). (h)  Conveyance to Governmental or Nongovernmental Entity of Property Acquired by Foreclosure. (1)  Attempt to convey to ensure propertys preservation and use In any case in which historic property is obtained pursuant to subsection (g), the Secretary shall attempt to convey the property to any governmental or nongovernmental entity under conditions that will ensure the propertys continued preservation and use. If, after a reasonable time, the Secretary, in consultation with the Council, determines that there is no feasible and prudent means to convey the property and to ensure its continued preservation and use, the Secretary may convey the property at the fair market value of its interest in the property to any entity without restriction. (2)  Disposition of funds Any funds obtained by the Secretary in connection with the conveyance of any historic property pursuant to paragraph (1) shall be deposited in the Historic Preservation Fund and shall remain available in the Historic Preservation Fund until appropriated by Congress to carry out this division. (i)  Assessment of Fees in Connection With Insuring Loans The Secretary may assess appropriate and reasonable fees in connection with insuring loans under this section. The fees shall be deposited in the Historic Preservation Fund and shall remain available in the Historic Preservation Fund until appropriated by Congress to carry out this division. (j)  Treatment of Loans as Non-Federal Funds Notwithstanding any other provision of law, any loan insured under this section shall be treated as non-Federal funds for the purposes of satisfying any requirement of any other provision of law under which Federal funds to be used for any project or activity are conditioned on the use of non-Federal funds by the recipient for payment of any portion of the costs of the project or activity. (k)  Ineligibility of Debt Obligation for Purchase or Commitment To Purchase by, or Sale or Issuance to, Federal Financing Bank No debt obligation that is made or committed to be made, or that is insured or committed to be insured, by the Secretary under this section shall be eligible for purchase by, or commitment to purchase by, or sale or issuance to, the Federal Financing Bank. ( Pub. L. 113287,  3 Dec. 19, 2014 128 Stat. 3206        Historical and Revision Notes  Revised Section Source (U.S. Code) Source (Statutes at Large)  303901 16 U.S.C. 470d Pub. L. 89665, title I,  104 Oct. 15, 1966 80 Stat. 917 Pub. L. 96515, title II,  204 Dec. 12, 1980 94 Stat. 2994 The text of 16 U.S.C. 470d(j) In subsection (d), the words pursuant to section 470h of this title December 12, 1980 In subsection (g)(1), the word part is translated as section for clarity because 16 U.S.C. 470d In subsection (h)(2), the words in addition to the amounts covered into such fund pursuant to section 470h of this title In subsection (i), the words in addition to the amounts covered into such fund pursuant to section 470h of this title  303902. Training in, and dissemination of information concerning, professional methods and techniques for preservation of historic property  The Secretary shall develop and make available to Federal agencies, State and local governments, private organizations and individuals, and other nations and international organizations pursuant to the World Heritage Convention, training in, and information concerning, professional methods and techniques for the preservation of historic property and for the administration of the historic preservation program at the Federal, State, and local level. The Secretary shall also develop mechanisms to provide information concerning historic preservation to the general public including students. ( Pub. L. 113287,  3 Dec. 19, 2014 128 Stat. 3208        Historical and Revision Notes  Revised Section Source (U.S. Code) Source (Statutes at Large)  303902 16 U.S.C. 470a(i) Pub. L. 89665, title I,  101(i) Oct. 15, 1966 80 Stat. 915 Pub. L. 91383,  11 Pub. L. 94458,  2 Oct. 7, 1976 90 Stat. 1942 Pub. L. 9354,  1(d) July 1, 1973 87 Stat. 139 Pub. L. 96205, title VI,  608(a)(1) Mar. 12, 1980 94 Stat. 92 Pub. L. 96515, title II,  201(a) Dec. 12, 1980 94 Stat. 2992 Pub. L. 102575, title XL,  4006(a)(1) Oct. 30, 1992 106 Stat. 4758  303903. Preservation education and training program The Secretary, in consultation with the Council and other appropriate Federal, tribal, Native Hawaiian, and non-Federal organizations, shall develop and implement a comprehensive preservation education and training program. The program shall include (1) standards and increased preservation training opportunities for Federal workers involved in preservation-related functions; (2) preservation training opportunities for other Federal, State, tribal and local government workers, and students; (3) technical or financial assistance, or both, to historically black colleges and universities, to tribal colleges, and to colleges with a high enrollment of Native Americans or Native Hawaiians, to establish preservation training and degree programs; and (4) where appropriate, coordination with the National Center for Preservation Technology and Training of (A) distribution of information on preservation technologies; (B) provision of training and skill development in trades, crafts, and disciplines related to historic preservation in Federal training and development programs; and (C) support for research, analysis, conservation, curation, interpretation, and display related to preservation. ( Pub. L. 113287,  3 Dec. 19, 2014 128 Stat. 3208        Historical and Revision Notes  Revised Section Source (U.S. Code) Source (Statutes at Large)  303903 16 U.S.C. 470a(j) Pub. L. 89665, title I,  101(j) Pub. L. 102575, title XL,  4008 Oct. 30, 1992 106 Stat. 4758 In paragraph (1), the word new is omitted as unnecessary. In paragraph (2), the word increased is omitted as unnecessary. Subdivision  Advisory Council on Historic Preservation CHAPTER 3041 ADVISORY COUNCIL ON HISTORIC PRESERVATION    Sec.  304101. Establishment; vacancies.  304102. Duties of Council.  304103. Cooperation between Council and instrumentalities of executive branch of Federal Government.  304104. Compensation of members of Council.  304105. Administration.  304106. International Centre for the Study of the Preservation and Restoration of Cultural Property.  304107. Transmittal of legislative recommendations, testimony, or comments to any officer or agency of the United States prior to submission to Congress.  304108. Regulations, procedures, and guidelines.  304109. Budget submission.  304110. Report by Secretary to Council.  304111. Reimbursements from State and local agencies.  304112. Effectiveness of Federal grant and assistance programs.  304101. Establishment; vacancies (a)  Establishment There is established as an independent agency of the United States Government an Advisory Council on Historic Preservation, which shall be composed of the following members: (1) A Chairman appointed by the President selected from the general public. (2) The Secretary. (3) The Architect of the Capitol. (4) The Secretary of Agriculture and the heads of 7 other agencies of the United States (other than the Department of the Interior), the activities of which affect historic preservation, designated by the President. (5) One Governor appointed by the President. (6) One mayor appointed by the President. (7) The President of the National Conference of State Historic Preservation Officers. (8) The General Chairman of the National Association of Tribal Historic Preservation Officers. (9) The Chairman of the National Trust. (10) Four experts in the field of historic preservation appointed by the President from architecture, history, archeology, and other appropriate disciplines. (11) Three members from the general public, appointed by the President. (12) One member of an Indian tribe or Native Hawaiian organization who represents the interests of the Indian tribe or Native Hawaiian organization of which he or she is a member, appointed by the President. (b)  Designation of Substitutes Each member of the Council specified in paragraphs (2) to (5) and (7) through (9) of subsection (a) may designate another officer of the department, agency, or organization to serve on the Council instead of the member, except that, in the case of paragraphs (2) and (4), no officer other than an Assistant Secretary or an officer having major department-wide or agency-wide responsibilities may be designated. (c)  Term of Office Each member of the Council appointed under paragraphs (10) through (12) of subsection (a) shall serve for a term of 4 years from the expiration of the term of the members predecessor. The members appointed under paragraphs (5) and (6) shall serve for the term of their elected office but not in excess of 4 years. An appointed member, other than the Chairman of the Council, may not serve more than 2 terms. An appointed member whose term has expired shall serve until that members successor has been appointed. (d)  Vacancies A vacancy in the Council shall not affect its powers, but shall be filled, not later than 60 days after the vacancy commences, in the same manner as the original appointment (and for the balance of the unexpired term). (e)  Chairman (1) After January 20, 2017 (A) be appointed by the President, by and with the advice and consent of the Senate; (B) serve at the will of the President; (C) serve full time; and (D) be compensated at the rate provided for Level V of the Executive Schedule Pay Rates under section 5316 of title 5 (2) The Chairman shall serve for a term of 4 years and may be reappointed once, for a total of not more than 8 years of service as Chairman, except that a Chairman whose appointment has expired under this paragraph shall serve until his or her successor has been appointed. The term of a Chairman shall start (regardless of actual appointment date) on January 20 after each general Presidential election. The first Chairman appointed after the date of enactment of this paragraph shall have a first term commencing on January 20, 2017 January 19, 2021 (3) The Chairmen before the first appointment of a Chairman in accordance with paragraph (1) of this subsection shall receive $100 per diem when engaged in the performance of the duties of the Council, and shall receive reimbursement for necessary traveling and subsistence expenses incurred by them in the performance of the duties of the Council. (f)  Designation of Vice Chairman The President shall designate a Vice Chairman from the members appointed under paragraph (5), (6), (10), or (11) of subsection (a). The Vice Chairman shall perform the functions of the Chairman during the absence or disability of the Chairman or when the office is vacant. (g)  Quorum Thirteen members of the Council shall constitute a quorum. ( Pub. L. 113287,  3 Dec. 19, 2014 128 Stat. 3209 Pub. L. 114289, title V,  501(a) Dec. 16, 2016 130 Stat. 1489        Historical and Revision Notes  Revised Section Source (U.S. Code) Source (Statutes at Large)  304101 16 U.S.C. 470i Pub. L. 89665, title II,  201 Oct. 15, 1966 80 Stat. 917 Pub. L. 91243,  1(b) May 9, 1970 84 Stat. 204 Pub. L. 9354,  1(c) July 1, 1973 87 Stat. 139 Pub. L. 94422, title II,  201(5) Sept. 28, 1976 90 Stat. 1320 Pub. L. 96515, title III,  301(a) Dec. 12, 1980 94 Stat. 2998 Pub. L. 102575, title XL Oct. 30, 1992 106 Stat. 4763 Pub. L. 104333, div. I, title V,  509(c)(1) Nov. 12, 1996 110 Stat. 4157 Pub. L. 109453,  1(d) Dec. 22, 2006 120 Stat. 3367 In subsection (a)(9), the words the disciplines of are omitted as unnecessary. Editorial Notes  References in Text The date of enactment of this paragraph, referred to in subsec. (e)(2), is the date of enactment of Pub. L. 114289 Dec. 16, 2016 Amendments 2016Subsec. (a)(8) to (12). Pub. L. 114289,  501(a) Subsec. (b). Pub. L. 114289,  501(c)(1)(A) Subsec. (c). Pub. L. 114289,  501(c)(1)(B) Subsec. (e). Pub. L. 114289,  501(b)(2) Subsec. (f). Pub. L. 114289,  501(b)(1) Subsec. (g). Pub. L. 114289,  501(b)(1)  304102. Duties of Council (a)  Duties The Council shall (1) advise the President and Congress on matters relating to historic preservation, recommend measures to coordinate activities of Federal, State, and local agencies and private institutions and individuals relating to historic preservation, and advise on the dissemination of information pertaining to those activities; (2) encourage, in cooperation with the National Trust and appropriate private agencies, public interest and participation in historic preservation; (3) recommend the conduct of studies in such areas as (A) the adequacy of legislative and administrative statutes and regulations pertaining to historic preservation activities of State and local governments; and (B) the effects of tax policies at all levels of government on historic preservation; (4) advise as to guidelines for the assistance of State and local governments in drafting legislation relating to historic preservation; (5) encourage, in cooperation with appropriate public and private agencies and institutions, training and education in the field of historic preservation; (6) review the policies and programs of Federal agencies and recommend to Federal agencies methods to improve the effectiveness, coordination, and consistency of those policies and programs with the policies and programs carried out under this division; and (7) inform and educate Federal agencies, State and local governments, Indian tribes, other nations and international organizations and private groups and individuals as to the Councils authorized activities. (b)  Annual Report The Council annually shall submit to the President a comprehensive report of its activities and the results of its studies and shall from time to time submit additional and special reports as it deems advisable. Each report shall propose legislative enactments and other actions as, in the judgment of the Council, are necessary and appropriate to carry out its recommendations and shall provide the Councils assessment of current and emerging problems in the field of historic preservation and an evaluation of the effectiveness of the programs of Federal agencies, State and local governments, and the private sector in carrying out this division. ( Pub. L. 113287,  3 Dec. 19, 2014 128 Stat. 3210        Historical and Revision Notes  Revised Section Source (U.S. Code) Source (Statutes at Large)  304102 16 U.S.C. 470j Pub. L. 89665, title II,  202 Oct. 15, 1966 80 Stat. 918 Pub. L. 96515, title III,  301(g) Dec. 12, 1980 94 Stat. 2999  304103. Cooperation between Council and instrumentalities of executive branch of Federal Government  The Council may secure directly from any Federal agency information, suggestions, estimates, and statistics for the purpose of this chapter. Each Federal agency may furnish information, suggestions, estimates, and statistics to the extent permitted by law and within available funds. ( Pub. L. 113287,  3 Dec. 19, 2014 128 Stat. 3211        Historical and Revision Notes  Revised Section Source (U.S. Code) Source (Statutes at Large)  304103 16 U.S.C. 470k Pub. L. 89665, title II,  203 Oct. 15, 1966 80 Stat. 918 The words Federal agency are substituted for department, bureau, agency, board, commission, office, independent establishment or instrumentality of the executive branch of the Federal Government to eliminate unnecessary words and for consistency in the revised chapter.  304104. Compensation of members of Council  The members of the Council specified in paragraphs (2), (3), and (4) of section 304101(a) of this title ( Pub. L. 113287,  3 Dec. 19, 2014 128 Stat. 3211 Pub. L. 114289, title V,  501(c)(2) Dec. 16, 2016 130 Stat. 1490        Historical and Revision Notes  Revised Section Source (U.S. Code) Source (Statutes at Large)  304104 16 U.S.C. 470 l Pub. L. 89665, title II,  204 Oct. 15, 1966 80 Stat. 918 Pub. L. 91243,  1(f) May 9, 1970 84 Stat. 204 Pub. L. 94422, title II,  201(6) Sept. 28, 1976 90 Stat. 1321 Pub. L. 96515, title III,  301(h) Dec. 12, 1980 94 Stat. 2999 Editorial Notes Amendments 2016 Pub. L. 114289  304105. Administration (a)  Executive Director There shall be an Executive Director of the Council who shall be appointed by the Chairman with the concurrence of the Council in the competitive service at a rate within the General Schedule, in the competitive service at a rate that may exceed the rate prescribed for the highest rate established for grade 15 of the General Schedule under section 5332 of title 5 section 3393 of title 5 (b)  General Counsel and Appointment of Other Attorneys. (1)  General counsel The Council shall have a General Counsel, who shall be appointed by the Executive Director. The General Counsel shall report directly to the Executive Director and serve as the Councils legal advisor. (2)  Appointment of other attorneys The Executive Director shall appoint other attorneys as may be necessary to (A) assist the General Counsel; (B) represent the Council in court when appropriate, including enforcement of agreements with Federal agencies to which the Council is a party; (C) assist the Department of Justice in handling litigation concerning the Council in court; and (D) perform such other legal duties and functions as the Executive Director and the Council may direct. (c)  Appointment and Compensation of Officers and Employees The Executive Director of the Council may appoint and fix the compensation of officers and employees in the competitive service who are necessary to perform the functions of the Council at rates not to exceed that prescribed for the highest rate for grade 15 of the General Schedule under section 5332 of title 5 section 5332 of title 5 section 3393 of title 5 (d)  Appointment and Compensation of Additional Personnel The Executive Director may appoint and fix the compensation of such additional personnel as may be necessary to carry out the Councils duties, without regard to the civil service laws and chapter 51 and subchapter III of chapter 53 of title 5. (e)  Expert and Consultant Services The Executive Director may procure expert and consultant services in accordance with section 3109 of title 5 (f)  Financial and Administrative Services. (1)  Services to be provided by secretary, agency, or private entity Financial and administrative services (including those related to budgeting, accounting, financial reporting, personnel and procurement) shall be provided the Council by the Secretary or, at the discretion of the Council, another agency or private entity that reaches an agreement with the Council, for which payments shall be made in advance, or by reimbursement, from funds of the Council in such amounts as may be agreed on by the Chairman of the Council and the head of the agency or the authorized representative of the private entity that will provide the services. (2)  Federal agency regulations relating to collection apply When a Federal agency affords those services, the regulations of that agency under section 5514(b) of title 5 (g)  Funds, Personnel, Facilities, and Services. (1)  Provided by federal agency Any Federal agency may provide the Council, with or without reimbursement as may be agreed on by the Chairman and the agency, with such funds, personnel, facilities, and services under its jurisdiction and control as may be needed by the Council to carry out its duties, to the extent that the funds, personnel, facilities, and services are requested by the Council and are otherwise available for that purpose. Any funds provided to the Council pursuant to this subsection shall be obligated by the end of the fiscal year following the fiscal year in which the funds are received by the Council. (2)  Obtaining additional property, facilities, and services and receiving donations of money To the extent of available appropriations, the Council may obtain by purchase, rental, donation, or otherwise additional property, facilities, and services as may be needed to carry out its duties and may receive donations of money for that purpose. The Executive Director may accept, hold, use, expend, and administer the property, facilities, services, and money for the purposes of this division. (h)  Rights, Benefits, and Privileges of Transferred Employees Any employee in the competitive service of the United States transferred to the Council under section 207 of the National Historic Preservation Act ( Public Law 89665 (i)  Exemption From Chapter of Title The Council is exempt from chapter 10 of title 5. (j)  Provisions That Govern Operations of Council Subchapter II of chapter 5 and chapter 7 of title 5 shall govern the operations of the Council. ( Pub. L. 113287,  3 Dec. 19, 2014 128 Stat. 3211 Pub. L. 114289, title V,  501(c)(3) Dec. 16, 2016 130 Stat. 1490 Pub. L. 117286,  4(a)(331) Dec. 27, 2022 136 Stat. 4342        Historical and Revision Notes  Revised Section Source (U.S. Code) Source (Statutes at Large)  304105(a) through (g) 16 U.S.C. 470m Pub. L. 89665, title II,  205 Oct. 15, 1966 80 Stat. 919 Pub. L. 91243,  1(g) May 9, 1970 84 Stat. 204 Pub. L. 94422, title II,  201(7) Sept. 28, 1976 90 Stat. 1321 Pub. L. 96515, title III,  301(i) Dec. 12, 1980 94 Stat. 2999 Pub. L. 104333, div. I, title V,  509(c)(4) Nov. 12, 1996 110 Stat. 4158 Pub. L. 106176, title I,  109 Mar. 10, 2000 114 Stat. 26 Pub. L. 109453,  1(e) Dec. 22, 2006 120 Stat. 3367 304105(h) 16 U.S.C. 470p Pub. L. 89665, title II Pub. L. 94422, title II,  201(9) Sept. 28, 1976 90 Stat. 1322 304105(i), (j) 16 U.S.C. 470q In subsection (a), the words at a rate within the Executive Schedule are added to retain the ability to hire an Executive Director within the General Schedule. The words in the competitive service at a rate that may exceed the rate prescribed for the highest rate established for grade 15 of the General Schedule under section 5332 of title 5 section 3393 of title 5 In subsection (c), the words that exceed that prescribed for the highest rate established for grade 15 of the General Schedule under section 5332 of title 5 section 3393 of title 5 section 5332 of title 5 In subsection (d), the words chapter 51 and subchapter III of chapter 53 of title 5 are substituted for the Classification Act of 1949 because of section 7(b) of the Act of September 6, 1966 Public Law 89554 80 Stat. 631 In subsection (f)(1), the word Secretary is substituted for Department of the Interior because of 43 U.S.C. 1451 Editorial Notes  References in Text Section 207 of the National Historic Preservation Act, referred to in subsec. (h), is section 207 of Pub. L. 89665 Pub. L. 94422, title II,  201(9) Sept. 28, 1976 90 Stat. 1322 o Pub. L. 113287,  7 Dec. 19, 2014 128 Stat. 3272 Amendments 2022Subsec. (i). Pub. L. 117286 2016Subsec. (a). Pub. L. 114289  304106. International Centre for the Study of the Preservation and Restoration of Cultural Property (a)  Authorization of Participation The participation of the United States as a member in the International Centre for the Study of the Preservation and Restoration of Cultural Property is authorized. (b)  Official Delegation The Council shall recommend to the Secretary of State, after consultation with the Smithsonian Institution and other public and private organizations concerned with the technical problems of preservation, the members of the official delegation that will participate in the activities of the International Centre for the Study of the Preservation and Restoration of Cultural Property on behalf of the United States. The Secretary of State shall appoint the members of the official delegation from the persons recommended to the Secretary of State by the Council. ( Pub. L. 113287,  3 Dec. 19, 2014 128 Stat. 3213        Historical and Revision Notes  Revised Section Source (U.S. Code) Source (Statutes at Large)  304106 16 U.S.C. 470n Pub. L. 89665, title II,  206 Pub. L. 91243,  2 May 9, 1970 84 Stat. 204 Pub. L. 9354,  1(b) July 1, 1973 87 Stat. 139 Pub. L. 94422, title II,  201(8) Sept. 28, 1976 90 Stat. 1322 Pub. L. 96199, title I,  114 Mar. 5, 1980 94 Stat. 71 Pub. L. 106208,  5(b) May 26, 2000 114 Stat. 319 The text of 16 U.S.C. 470n(c)  304107. Transmittal of legislative recommendations, testimony, or comments to any officer or agency of the United States prior to submission to Congress  No officer or agency of the United States shall have any authority to require the Council to submit its legislative recommendations, or testimony, or comments on legislation to any officer or agency of the United States for approval, comments, or review, prior to the submission of the recommendations, testimony, or comments to Congress. When the Council voluntarily seeks to obtain the comments or review of any officer or agency of the United States, the Council shall include a description of the actions in its legislative recommendations, testimony, or comments on legislation that it transmits to Congress. ( Pub. L. 113287,  3 Dec. 19, 2014 128 Stat. 3213        Historical and Revision Notes  Revised Section Source (U.S. Code) Source (Statutes at Large)  304107 16 U.S.C. 470r Pub. L. 89665, title II,  210 Pub. L. 94422, title II,  201(9) Sept. 28, 1976 90 Stat. 1322 Pub. L. 96515, title III,  301(k) Dec. 12, 1980 94 Stat. 2999  304108. Regulations, procedures, and guidelines (a)  In General The Council may promulgate regulations as it considers necessary to govern the implementation of section 306108 of this title (b)  Participation by Local Governments The Council shall by regulation establish such procedures as may be necessary to provide for participation by local governments in proceedings and other actions taken by the Council with respect to undertakings referred to in section 306108 of this title (c)  Exemption for Federal Programs or Undertakings The Council, with the concurrence of the Secretary, shall promulgate regulations or guidelines, as appropriate, under which Federal programs or undertakings may be exempted from any or all of the requirements of this division when the exemption is determined to be consistent with the purposes of this division, taking into consideration the magnitude of the exempted undertaking or program and the likelihood of impairment of historic property. ( Pub. L. 113287,  3 Dec. 19, 2014 128 Stat. 3214        Historical and Revision Notes  Revised Section Source (U.S. Code) Source (Statutes at Large)  304108(a), (b) 16 U.S.C. 470s Pub. L. 89665, title II,  211 Pub. L. 94422, title II,  201(9) Sept. 28, 1976 90 Stat. 1322 Pub. L. 96515, title III,  301 l Dec. 12, 1980 94 Stat. 2999 Pub. L. 102575, title XL,  4018 Oct. 30, 1992 106 Stat. 4763 304108(c) 16 U.S.C. 470v Pub. L. 89665, title II,  214 Pub. L. 96515, title III,  302(a) Dec. 12, 1980 94 Stat. 3000  304109. Budget submission (a)  Time and Manner of Submission The Council shall submit its budget annually as a related agency of the Department of the Interior. (b)  Transmittal of Copies to Congressional Committees Whenever the Council submits any budget estimate or request to the President or the Office of Management and Budget, it shall concurrently transmit copies of that estimate or request to the Committee on Natural Resources and Committee on Appropriations of the House of Representatives and the Committee on Energy and Natural Resources and Committee on Appropriations of the Senate. ( Pub. L. 113287,  3 Dec. 19, 2014 128 Stat. 3214        Historical and Revision Notes  Revised Section Source (U.S. Code) Source (Statutes at Large)  304109(a) 16 U.S.C. 470t(a) Pub. L. 89665, title II,  212(a) Pub. L. 94422, title II,  201(9) Sept. 28, 1976 90 Stat. 1323 Pub. L. 96205, title VI,  608(a)(3) Mar. 12, 1980 94 Stat. 92 Pub. L. 96515, title III,  302(b) Dec. 12, 1980 94 Stat. 3000 Pub. L. 103437,  6(d)(29) Nov. 2, 1994 108 Stat. 4584 304109(b) 16 U.S.C. 470t(b)  304110. Report by Secretary to Council  To assist the Council in discharging its responsibilities under this division, the Secretary at the request of the Chairman shall provide a report to the Council detailing the significance of any historic property, describing the effects of any proposed undertaking on the affected property, and recommending measures to avoid, minimize, or mitigate adverse effects. ( Pub. L. 113287,  3 Dec. 19, 2014 128 Stat. 3214        Historical and Revision Notes  Revised Section Source (U.S. Code) Source (Statutes at Large)  304110 16 U.S.C. 470u Pub. L. 89665, title II,  213 Pub. L. 96515, title III,  302(a) Dec. 12, 1980 94 Stat. 3000  304111. Reimbursements from State and local agencies  Subject to applicable conflict of interest laws, the Council may receive reimbursements from State and local agencies and others pursuant to agreements executed in furtherance of this division. ( Pub. L. 113287,  3 Dec. 19, 2014 128 Stat. 3214        Historical and Revision Notes  Revised Section Source (U.S. Code) Source (Statutes at Large)  304111 16 U.S.C. 470v1 Pub. L. 89665, title II,  215 Pub. L. 104333, div. I, title V,  509(c)(3) Nov. 12, 1996 110 Stat. 4157  304112. Effectiveness of Federal grant and assistance programs (a)  Cooperative Agreements The Council may enter into a cooperative agreement with any Federal agency that administers a grant or assistance program for the purpose of improving the effectiveness of the administration of the program in meeting the purposes and policies of this division. The cooperative agreement may include provisions that modify the selection criteria for a grant or assistance program to further the purposes of this division or that allow the Council to participate in the selection of recipients, if those provisions are not inconsistent with the grant or assistance programs statutory authorization and purpose. (b)  Review of Grant and Assistance Programs The Council may (1) review the operation of any Federal grant or assistance program to evaluate the effectiveness of the program in meeting the purposes and policies of this division; (2) make recommendations to the head of any Federal agency that administers the program to further the consistency of the program with the purposes and policies of this division and to improve its effectiveness in carrying out those purposes and policies; and (3) make recommendations to the President and Congress regarding the effectiveness of Federal grant and assistance programs in meeting the purposes and policies of this division, including recommendations with regard to appropriate funding levels. ( Pub. L. 113287,  3 Dec. 19, 2014 128 Stat. 3214        Historical and Revision Notes  Revised Section Source (U.S. Code) Source (Statutes at Large)  304112 16 U.S.C. 470v2 Pub. L. 89665, title II,  216 Pub. L. 109453,  1(g) Dec. 22, 2006 120 Stat. 3368 Subdivision  Other Organizations and Programs CHAPTER 3051 HISTORIC LIGHT STATION PRESERVATION    Sec.  305101. Definitions.  305102. Duties of Secretary in providing a national historic light station program.  305103. Selection of eligible entity and conveyance of historic light stations.  305104. Terms of conveyance.  305105. Description of property.  305106. Historic light station sales.  305101. Definitions In this chapter: (1)  Administrator The term Administrator means the Administrator of General Services. (2)  Eligible entity The term eligible entity means (A) any department or agency of the Federal Government; or (B) any department or agency of the State in which a historic light station is located, the local government of the community in which a historic light station is located, a nonprofit corporation, an educational agency, or a community development organization that (i) has agreed to comply with the conditions set forth in section 305104 of this title (ii) is financially able to maintain the historic light station in accordance with the conditions set forth in section 305104 of this title (3)  Federal aid to navigation. (A)  In general The term Federal aid to navigation means any device, operated and maintained by the United States, external to a vessel or aircraft, intended to assist a navigator to determine position or safe course, or to warn of dangers or obstructions to navigation. (B)  Inclusions The term Federal aid to navigation includes a light, lens, lantern, antenna, sound signal, camera, sensor, piece of electronic navigation equipment, power source, or other piece of equipment associated with a device described in subparagraph (A). (4)  Historic light station The term historic light station includes the light tower, lighthouse, keepers dwelling, garages, storage sheds, oil house, fog signal building, boat house, barn, pumphouse, tramhouse support structures, piers, walkways, underlying and appurtenant land and related real property and improvements associated with a historic light station that is a historic property. ( Pub. L. 113287,  3 Dec. 19, 2014 128 Stat. 3215        Historical and Revision Notes  Revised Section Source (U.S. Code) Source (Statutes at Large)  305101 16 U.S.C. 470w7(e) Pub. L. 89665, title III,  308(e) Pub. L. 106355,  2 Oct. 24, 2000 114 Stat. 1388 The text of 16 U.S.C. 470w7(e)(5) In paragraph (3)(A), the words that is a historic property are substituted for provided that the historic light station shall be included in or eligible for inclusion in the National Register of Historic Places because of the definition of historic property in section 300308 of the new title.  305102. Duties of Secretary in providing a national historic light station program To provide a national historic light station program, the Secretary shall (1) collect and disseminate information concerning historic light stations; (2) foster educational programs relating to the history, practice, and contribution to society of historic light stations; (3) sponsor or conduct research and study into the history of light stations; (4) maintain a listing of historic light stations; and (5) assess the effectiveness of the program established by this chapter regarding the conveyance of historic light stations. ( Pub. L. 113287,  3 Dec. 19, 2014 128 Stat. 3216        Historical and Revision Notes  Revised Section Source (U.S. Code) Source (Statutes at Large)  305102 16 U.S.C. 470w7(a) Pub. L. 89665, title III,  308(a) Pub. L. 106355,  2 Oct. 24, 2000 114 Stat. 1385  305103. Selection of eligible entity and conveyance of historic light stations (a)  Process and Policies The Secretary and the Administrator shall maintain a process and policies for identifying, and selecting, an eligible entity to which a historic light station could be conveyed for education, park, recreation, cultural, or historic preservation purposes, and to monitor the use of the light station by the eligible entity. (b)  Application Review. (1)  In general The Secretary shall (A) review all applications for the conveyance of a historic light station, when the agency with administrative jurisdiction over the historic light station has determined the property to be excess property (as that term is defined in section 102 of title 40 (B) forward to the Administrator a single approved application for the conveyance of the historic light station. (2)  Consultation When selecting an eligible entity, the Secretary shall consult with the State Historic Preservation Officer of the State in which the historic light station is located. (c)  Conveyance or Sale of Historic Light Stations. (1)  Conveyance by administrator Except as provided in paragraph (2), after the Secretarys selection of an eligible entity, the Administrator shall convey, by quitclaim deed, without consideration, all right, title, and interest of the United States in and to a historic light station, subject to the conditions set forth in section 305104 of this title 42 U.S.C. 11301 Public Law 105383 14 U.S.C. 93 1 1 (2)  Historic light station located within a system unit or a refuge within national wildlife refuge system. (A)  Approval of secretary required A historic light station located within the exterior boundaries of a System unit or a refuge within the National Wildlife Refuge System shall be conveyed or sold only with the approval of the Secretary. (B)  Conditions of conveyance If the Secretary approves the conveyance of a historic light station described in subparagraph (A), the conveyance shall be subject to the conditions set forth in section 305104 of this title (C)  Conditions of sale If the Secretary approves the sale of a historic light station described in subparagraph (A), the sale shall be subject to the conditions set forth in paragraphs (1) to (4) and (8) of subsection (a), and subsection (b), of section 305104 of this title (D)  Cooperative agreements The Secretary is encouraged to enter into cooperative agreements with appropriate eligible entities with respect to historic light stations described in subparagraph (A), as provided in this division, to the extent that the cooperative agreements are consistent with the Secretarys responsibilities to manage and administer the System unit or wildlife refuge. ( Pub. L. 113287,  3 Dec. 19, 2014 128 Stat. 3216        Historical and Revision Notes  Revised Section Source (U.S. Code) Source (Statutes at Large)  305103 16 U.S.C. 470w7(b) Pub. L. 89665, title III,  308(b) Pub. L. 106355,  2 Oct. 24, 2000 114 Stat. 1385 Pub. L. 106400,  2 Oct. 30, 2000 114 Stat. 1675 Editorial Notes  References in Text The McKinney-Vento Homeless Assistance Act, referred to in subsec. (c)(1), is Pub. L. 10077 July 22, 1987 101 Stat. 482 section 11301 of Title 42 Section 416(d) of the Coast Guard Authorization Act of 1998, referred to in subsec. (c)(1), which was formerly set out as a note under section 93 of Title 14 section 504 of Title 14  305104. Terms of conveyance (a)  In General The conveyance of a historic light station shall be made subject to any conditions, including the reservation of easements and other rights on behalf of the United States, that the Administrator considers necessary to ensure that (1) the Federal aids to navigation located at the historic light station in operation on the date of conveyance remain the personal property of the United States and continue to be operated and maintained by the United States for as long as needed for navigational purposes; (2) there is reserved to the United States the right to remove, replace, or install any Federal aid to navigation located at the historic light station as may be necessary for navigational purposes; (3) the eligible entity to which the historic light station is conveyed shall not interfere or allow interference in any manner with any Federal aid to navigation or hinder activities required for the operation and maintenance of any Federal aid to navigation without the express written permission of the head of the agency responsible for maintaining the Federal aid to navigation; (4) (A) the eligible entity to which the historic light station is conveyed shall, at its own cost and expense, use and maintain the historic light station in accordance with this division, the Secretary of the Interiors Standards for the Treatment of Historic Properties contained in part 68 of title 36, Code of Federal Regulations, and other applicable laws; and (B) any proposed changes to the historic light station shall be reviewed and approved by the Secretary in consultation with the State Historic Preservation Officer of the State in which the historic light station is located, for consistency with section 800.5(a)(2)(vii) of title 36, Code of Federal Regulations and the Secretarys Standards for Rehabilitation contained in section 67.7 of title 36, Code of Federal Regulations; (5) the eligible entity to which the historic light station is conveyed shall make the historic light station available for education, park, recreation, cultural, or historic preservation purposes for the general public at reasonable times and under reasonable conditions; (6) the eligible entity to which the historic light station is conveyed shall not sell, convey, assign, exchange, or encumber the historic light station, any part of the historic light station, or any associated historic artifact conveyed to the eligible entity in conjunction with the historic light station conveyance, including any lens or lantern, unless the sale, conveyance, assignment, exchange, or encumbrance is approved by the Secretary; (7) the eligible entity to which the historic light station is conveyed shall not conduct any commercial activity at the historic light station, at any part of the historic light station, or in connection with any associated historic artifact conveyed to the eligible entity in conjunction with the historic light station conveyance, in any manner, unless the commercial activity is approved by the Secretary; and (8) the United States shall have the right, at any time, to enter the historic light station without notice, for purposes of operating, maintaining, and inspecting any aid to navigation and for the purpose of ensuring compliance with this section, to the extent that it is not possible to provide advance notice. (b)  Maintenance of Aid to Navigation Any eligible entity to which a historic light station is conveyed shall not be required to maintain any Federal aid to navigation associated with a historic light station, except any private aid to navigation permitted to the eligible entity under section 83 1 1 (c)  Reversion In addition to any term or condition established pursuant to this section, the conveyance of a historic light station shall include a condition that the historic light station, or any associated historic artifact conveyed to the eligible entity in conjunction with the historic light station conveyance, including any lens or lantern, at the option of the Administrator, shall revert to the United States and be placed under the administrative control of the Administrator, if (1) the historic light station, any part of the historic light station, or any associated historic artifact ceases to be available for education, park, recreation, cultural, or historic preservation purposes for the general public at reasonable times and under reasonable conditions that shall be set forth in the eligible entitys application; (2) the historic light station or any part of the historic light station ceases to be maintained in a manner that ensures its present or future use as a site for a Federal aid to navigation; (3) the historic light station, any part of the historic light station, or any associated historic artifact ceases to be maintained in compliance with this division, the Secretary of the Interiors Standards for the Treatment of Historic Properties contained in part 68 of title 36, Code of Federal Regulations, and other applicable laws; (4) the eligible entity to which the historic light station is conveyed sells, conveys, assigns, exchanges, or encumbers the historic light station, any part of the historic light fixture, or any associated historic artifact, without approval of the Secretary; (5) the eligible entity to which the historic light station is conveyed conducts any commercial activity at the historic light station, at any part of the historic light station, or in conjunction with any associated historic artifact, without approval of the Secretary; or (6) at least 30 days before the reversion, the Administrator provides written notice to the owner that the historic light station or any part of the historic light station is needed for national security purposes. (d)  Light Stations Originally Conveyed Under Other Authority On receiving notice of an executed or intended conveyance by an owner that received from the Federal Government under authority other than this division a historic light station in which the United States retains a reversionary or other interest and that is conveying it to another person by sale, gift, or any other manner, the Secretary shall review the terms of the executed or proposed conveyance to ensure that any new owner is capable of or is complying with any and all conditions of the original conveyance. The Secretary may require the parties to the conveyance and relevant Federal agencies to provide information as is necessary to complete the review. If the Secretary determines that the new owner has not complied or is unable to comply with those conditions, the Secretary shall immediately advise the Administrator, who shall invoke any reversionary interest or take other action as may be necessary to protect the interests of the United States. ( Pub. L. 113287,  3 Dec. 19, 2014 128 Stat. 3217        Historical and Revision Notes  Revised Section Source (U.S. Code) Source (Statutes at Large)  305104 16 U.S.C. 470w7(c)(1) Pub. L. 89665, title III,  308(c)(1) Pub. L. 106355,  2 Oct. 24, 2000 114 Stat. 1386  16 U.S.C. 470w7(c)(4) Pub. L. 89665, title III,  308(c)(4) Pub. L. 108293, title VI,  627 Aug. 9, 2004 118 Stat. 1066 Editorial Notes References in Text Section 83 of title 14 section 542 of title 14 Pub. L. 115282, title I,  105(b) Dec. 4, 2018 132 Stat. 4200 section 83 of title 14 section 123(b)(1) of Pub. L. 115282 section 101 of Title 14  305105. Description of property (a)  In General The Administrator shall prepare the legal description of any historic light station conveyed under this chapter. The Administrator, in consultation with the Secretary of Homeland Security and the Secretary, may retain all right, title, and interest of the United States in and to any historical artifact, including any lens or lantern, that is associated with the historic light station and located at the historic light station at the time of conveyance. Wherever possible, the historical artifacts should be used in interpreting the historic light station. In cases where there is no method for preserving lenses and other artifacts and equipment in situ, priority should be given to preservation or museum entities most closely associated with the historic light station, if they meet loan requirements. (b)  Artifacts Artifacts associated with, but not located at, a historic light station at the time of conveyance shall remain the property of the United States under the administrative control of the Secretary of Homeland Security. (c)  Covenants All conditions placed with the quitclaim deed of title to the historic light station shall be construed as covenants running with the land. (d)  Submerged Land No submerged land shall be conveyed under this chapter. ( Pub. L. 113287,  3 Dec. 19, 2014 128 Stat. 3219        Historical and Revision Notes  Revised Section Source (U.S. Code) Source (Statutes at Large)  305105 16 U.S.C. 470w7(d) Pub. L. 89665, title III,  308(d) Pub. L. 106355,  2 Oct. 24, 2000 114 Stat. 1388 In subsection (a), the words Secretary of Homeland Security are substituted for Commandant, United States Coast Guard because of 6 U.S.C. 112(a)(2) November 25, 2002 6 U.S.C. 542  305106. Historic light station sales (a)  In General. (1)  When sale may occur If no applicant is approved for the conveyance of a historic light station pursuant to sections 305101 through 305105 of this title, the historic light station shall be offered for sale. (2)  Terms of sale Terms of the sales (A) shall be developed by the Administrator; and (B) shall be consistent with the requirements of paragraphs (1) to (4) and (8) of subsection (a), and subsection (b), of section 305104 of this title (3)  Covenants to be included in conveyance documents Conveyance documents shall include all necessary covenants to protect the historical integrity of the historic light station and ensure that any Federal aid to navigation located at the historic light station is operated and maintained by the United States for as long as needed for that purpose. (b)  Net Sale Proceeds. (1)  Disposition and use of funds Net sale proceeds from the disposal of a historic light station (A) located on public domain land shall be transferred to the National Maritime Heritage Grants Program established under chapter 3087 in the Department of the Interior; and (B) under the administrative control of the Secretary of Homeland Security (i) shall be credited to the Coast Guards Operating Expenses appropriation account; and (ii) shall be available for obligation and expenditure for the maintenance of light stations remaining under the administrative control of the Secretary of Homeland Security. (2)  Availability of funds The funds referred to in paragraph (1)(B) shall remain available until expended and shall be available in addition to funds available in the Coast Guards Operating Expense appropriation for that purpose. ( Pub. L. 113287,  3 Dec. 19, 2014 128 Stat. 3220        Historical and Revision Notes  Revised Section Source (U.S. Code) Source (Statutes at Large)  305106 16 U.S.C. 470w8 Pub. L. 89665, title III,  309 Pub. L. 106355,  3 Oct. 24, 2000 114 Stat. 1389 In subsection (b)(1)(B), the words Secretary of Homeland Security are substituted for Coast Guard because of 6 U.S.C. 112(a)(2) November 25, 2002 6 U.S.C. 542 CHAPTER 3053 NATIONAL CENTER FOR PRESERVATION TECHNOLOGY AND TRAINING    Sec.  305301. Definitions.  305302. National Center for Preservation Technology and Training.  305303. Preservation Technology and Training Board.  305304. Preservation grants.  305305. General provisions.  305306. Service preservation centers and offices.  305301. Definitions In this chapter: (1)  Board The term Board means the Preservation Technology and Training Board established pursuant to section 305303 of this title (2)  Center The term Center means the National Center for Preservation Technology and Training established pursuant to section 305302 of this title ( Pub. L. 113287,  3 Dec. 19, 2014 128 Stat. 3220        Historical and Revision Notes  Revised Section Source (U.S. Code) Source (Statutes at Large)  305301 16 U.S.C. 470x1 Pub. L. 89665, title IV,  402 Pub. L. 102575, title XL,  4022 Oct. 30, 1992 106 Stat. 4766  305302. National Center for Preservation Technology and Training (a)  Establishment There is established within the Department of the Interior a National Center for Preservation Technology and Training. The Center shall be located at Northwestern State University of Louisiana in Natchitoches, Louisiana. (b)  Purposes The purposes of the Center shall be to (1) develop and distribute preservation and conservation skills and technologies for the identification, evaluation, conservation, and interpretation of historic property; (2) develop and facilitate training for Federal, State, and local resource preservation professionals, cultural resource managers, maintenance personnel, and others working in the preservation field; (3) take steps to apply preservation technology benefits from ongoing research by other agencies and institutions; (4) facilitate the transfer of preservation technology among Federal agencies, State and local governments, universities, international organizations, and the private sector; and (5) cooperate with related international organizations including the International Council on Monuments and Sites, the International Center for the Study of Preservation and Restoration of Cultural Property, and the International Council on Museums. (c)  Programs The purposes shall be carried out through research, professional training, technical assistance, and programs for public awareness, and through a program of grants established under section 305304 of this title (d)  Executive Director The Center shall be headed by an Executive Director with demonstrated expertise in historic preservation appointed by the Secretary with advice of the Board. (e)  Assistance From Secretary The Secretary shall provide the Center assistance in obtaining such personnel, equipment, and facilities as may be needed by the Center to carry out its activities. ( Pub. L. 113287,  3 Dec. 19, 2014 128 Stat. 3221        Historical and Revision Notes  Revised Section Source (U.S. Code) Source (Statutes at Large)  305302 16 U.S.C. 470x2 Pub. L. 89665, title IV,  403 Pub. L. 102575, title XL,  4022 Oct. 30, 1992 106 Stat. 4766  305303. Preservation Technology and Training Board (a)  Establishment There is established a Preservation Technology and Training Board. (b)  Duties The Board shall (1) provide leadership, policy advice, and professional oversight to the Center; (2) advise the Secretary on priorities and the allocation of grants among the activities of the Center; and (3) submit an annual report to the President and Congress. (c)  Membership The Board shall be comprised of (1) the Secretary; (2) 6 members appointed by the Secretary, who shall represent appropriate Federal, State, and local agencies, State and local historic preservation commissions, and other public and international organizations; and (3) 6 members appointed by the Secretary on the basis of outstanding professional qualifications, who represent major organizations in the fields of archeology, architecture, conservation, curation, engineering, history, historic preservation, landscape architecture, planning, or preservation education. ( Pub. L. 113287,  3 Dec. 19, 2014 128 Stat. 3221        Historical and Revision Notes  Revised Section Source (U.S. Code) Source (Statutes at Large)  305303 16 U.S.C. 470x3 Pub. L. 89665, title IV,  404 Pub. L. 102575, title XL,  4022 Oct. 30, 1992 106 Stat. 4766 Pub. L. 106208,  5(a)(14) May 26, 2000 114 Stat. 319 In subsection (c)(1), the words or the Secretarys designee are omitted as unnecessary because of section 2 of Reorganization Plan No. 3 of 1950 (5 U.S.C. App., 43 U.S.C. 1451  305304. Preservation grants (a)  In General The Secretary, in consultation with the Board, shall provide preservation technology and training grants to eligible applicants with a demonstrated institutional capability and commitment to the purposes of the Center, in order to ensure an effective and efficient system of research, information distribution, and skills training in all the related historic preservation fields. (b)  Grant Requirements. (1)  Allocation Grants provided under this section shall be allocated in such a fashion as to reflect the diversity of the historic preservation fields and shall be geographically distributed. (2)  Limit on amount a recipient may receive No grant recipient may receive more than 10 percent of the grants allocated under this section within any year. (3)  Limit on administrative costs The total administrative costs, direct and indirect, charged for carrying out grants under this section may not exceed 25 percent of the aggregate costs. (c)  Eligible Applicants Eligible applicants may include (1) Federal and non-Federal laboratories; (2) accredited museums; (3) universities; (4) nonprofit organizations; (5) System units and offices and Cooperative Park Study Units of the System; (6) State Historic Preservation Offices; (7) tribal preservation offices; and (8) Native Hawaiian organizations. (d)  Standards and Methods Grants shall be awarded in accordance with accepted professional standards and methods, including peer review of projects. ( Pub. L. 113287,  3 Dec. 19, 2014 128 Stat. 3222        Historical and Revision Notes  Revised Section Source (U.S. Code) Source (Statutes at Large)  305304 16 U.S.C. 470x4 Pub. L. 89665, title IV,  405 Pub. L. 102575, title XL,  4022 Oct. 30, 1992 106 Stat. 4767 The text of 16 U.S.C. 470x4(e)  305305. General provisions (a)  Acceptance of Grants and Transfers The Center may accept (1) grants and donations from private individuals, groups, organizations, corporations, foundations, and other entities; and (2) transfers of funds from other Federal agencies. (b)  Contracts and Cooperative Agreements Subject to appropriations, the Center may enter into contracts and cooperative agreements with Federal, State, local, and tribal governments, Native Hawaiian organizations, educational institutions, and other public entities to carry out the Centers responsibilities under this chapter. (c)  Additional Funds Funds appropriated for the Center shall be in addition to funds appropriated for Service programs, centers, and offices in existence on October 30, 1992 ( Pub. L. 113287,  3 Dec. 19, 2014 128 Stat. 3222        Historical and Revision Notes  Revised Section Source (U.S. Code) Source (Statutes at Large)  305305 16 U.S.C. 470x5 Pub. L. 89665, title IV,  406 Pub. L. 102575, title XL,  4022 Oct. 30, 1992 106 Stat. 4767 In subsection (c), the text of 16 U.S.C. 470x5(c)  305306. Service preservation centers and offices  To improve the use of existing Service resources, the Secretary shall fully utilize and further develop the Service preservation (including conservation) centers and regional offices. The Secretary shall improve the coordination of the centers and offices within the Service, and shall, where appropriate, coordinate their activities with the Center and with other appropriate parties. ( Pub. L. 113287,  3 Dec. 19, 2014 128 Stat. 3222        Historical and Revision Notes  Revised Section Source (U.S. Code) Source (Statutes at Large)  305306 16 U.S.C. 470x6 Pub. L. 89665, title IV,  407 Pub. L. 102575, title XL,  4022 Oct. 30, 1992 106 Stat. 4768 CHAPTER 3055 NATIONAL BUILDING MUSEUM    Sec.  305501. Definitions.  305502. Cooperative agreement to operate museum.  305503. Activities and functions.  305504. Matching grants to Committee.  305505. Annual report.  305501. Definitions In this chapter: (1)  Building arts The term building arts includes all practical and scholarly aspects of prehistoric, historic, and contemporary architecture, archeology, construction, building technology and skills, landscape architecture, preservation and conservation, building and construction, engineering, urban and community design and renewal, city and regional planning, and related professions, skills, trades, and crafts. (2)  Committee The term Committee means the Committee for a National Museum of the Building Arts, Incorporated, a nonprofit corporation organized and existing under the laws of the District of Columbia, or its successor. ( Pub. L. 113287,  3 Dec. 19, 2014 128 Stat. 3223        Historical and Revision Notes  Revised Section Source (U.S. Code) Source (Statutes at Large)  305501 16 U.S.C. 470w5(f) Pub. L. 89665, title III,  306(f) Pub. L. 96515, title V,  501 Dec. 12, 1980 94 Stat. 3003  305502. Cooperative agreement to operate museum To provide a national center to commemorate and encourage the building arts and to preserve and maintain a nationally significant building that exemplifies the great achievements of the building arts in the United States, the Secretary and the Administrator of General Services shall enter into a cooperative agreement with the Committee for the operation of a National Building Museum in the Federal building located in the block bounded by Fourth Street, Fifth Street, F Street, and G Street, Northwest in Washington, District of Columbia. The cooperative agreement shall include provisions that (1) make the site available to the Committee without charge; (2) provide, subject to available appropriations, such maintenance, security, information, janitorial, and other services as may be necessary to ensure the preservation and operation of the site; and (3) prescribe reasonable terms and conditions by which the Committee can fulfill its responsibilities under this division. ( Pub. L. 113287,  3 Dec. 19, 2014 128 Stat. 3223        Historical and Revision Notes  Revised Section Source (U.S. Code) Source (Statutes at Large)  305502 16 U.S.C. 470w5(a) Pub. L. 89665, title III,  306(a) Pub. L. 96515, title V,  501 Dec. 12, 1980 94 Stat. 3002 The words Administrator of General Services are substituted for Administrator of the General Services Administration to use the correct title of the Administrator.  305503. Activities and functions The National Building Museum shall (1) collect and disseminate information concerning the building arts, including the establishment of a national reference center for current and historic documents, publications, and research relating to the building arts; (2) foster educational programs relating to the history, practice, and contribution to society of the building arts, including promotion of imaginative educational approaches to enhance understanding and appreciation of all facets of the building arts; (3) publicly display temporary and permanent exhibits illustrating, interpreting and demonstrating the building arts; (4) sponsor or conduct research and study into the history of the building arts and their role in shaping our civilization; and (5) encourage contributions to the building arts. ( Pub. L. 113287,  3 Dec. 19, 2014 128 Stat. 3223        Historical and Revision Notes  Revised Section Source (U.S. Code) Source (Statutes at Large)  305503 16 U.S.C. 470w5(a) Pub. L. 89665, title III,  306(a) Pub. L. 96515, title V,  501 Dec. 12, 1980 94 Stat. 3003  305504. Matching grants to Committee  The Secretary shall provide matching grants to the Committee for its programs related to historic preservation. The Committee shall match the grants in such a manner and with such funds and services as shall be satisfactory to the Secretary, except that not more than $500,000 may be provided to the Committee in any one fiscal year. ( Pub. L. 113287,  3 Dec. 19, 2014 128 Stat. 3224        Historical and Revision Notes  Revised Section Source (U.S. Code) Source (Statutes at Large)  305504 16 U.S.C. 470w5(c) Pub. L. 89665, title III,  306(c) Pub. L. 96515, title V,  501 Dec. 12, 1980 94 Stat. 3003 The word grant is substituted for grants-in-aid for clarity and consistency in the revised division. See page 48 of H. Rept. 961457 (96th Cong., 2d Sess., 1980).  305505. Annual report  The Committee shall submit an annual report to the Secretary and the Administrator of General Services concerning its activities under this chapter and shall provide the Secretary and the Administrator of General Services with such other information as the Secretary may consider necessary or advisable. ( Pub. L. 113287,  3 Dec. 19, 2014 128 Stat. 3224        Historical and Revision Notes  Revised Section Source (U.S. Code) Source (Statutes at Large)  305505 16 U.S.C. 470w5(e) Pub. L. 89665, title III,  306(e) Pub. L. 96515, title V,  501 Dec. 12, 1980 94 Stat. 3003 Subdivision  Federal Agency Historic Preservation Responsibilities CHAPTER 3061 PROGRAM RESPONSIBILITIES AND AUTHORITIES    SUBCHAPTER IIN GENERAL  Sec.  306101. Assumption of responsibility for preservation of historic property.  306102. Preservation program.  306103. Recordation of historic property prior to alteration or demolition.  306104. Agency Preservation Officer.  306105. Agency programs and projects.  306106. Review of plans of transferees of surplus federally owned historic property.  306107. Planning and actions to minimize harm to National Historic Landmarks.  306108. Effect of undertaking on historic property.  306109. Costs of preservation as eligible project costs.  306110. Annual preservation awards program.  306111. Environmental impact statement.  306112. Waiver of provisions in event of natural disaster or imminent threat to national security.  306113. Anticipatory demolition.  306114. Documentation of decisions respecting undertakings.  SUBCHAPTER IILEASE, EXCHANGE, OR MANAGEMENT OF HISTORIC PROPERTY  306121. Lease or exchange.  306122. Contracts for management of historic property.  SUBCHAPTER IIIPROTECTION AND PRESERVATION OF RESOURCES  306131. Standards and guidelines. SUBCHAPTER I IN GENERAL  306101. Assumption of responsibility for preservation of historic property (a)  In General. (1)  Agency head responsibility The head of each Federal agency shall assume responsibility for the preservation of historic property that is owned or controlled by the agency. (2)  Use of available historic property Prior to acquiring, constructing, or leasing a building for purposes of carrying out agency responsibilities, a Federal agency shall use, to the maximum extent feasible, historic property available to the agency, in accordance with Executive Order No. 13006 ( 40 U.S.C. 3306 (3)  Necessary preservation Each Federal agency shall undertake, consistent with the preservation of historic property, the mission of the agency, and the professional standards established pursuant to subsection (c), any preservation as may be necessary to carry out this chapter. (b)  Guidelines for Federal Agency Responsibility for Agency-Owned Historic Property In consultation with the Council, the Secretary shall promulgate guidelines for Federal agency responsibilities under this subchapter (except section 306108). (c)  Professional Standards for Preservation of Federally Owned or Controlled Historic Property The Secretary shall establish, in consultation with the Secretary of Agriculture, the Secretary of Defense, the Smithsonian Institution, and the Administrator of General Services, professional standards for the preservation of historic property in Federal ownership or control. ( Pub. L. 113287,  3 Dec. 19, 2014 128 Stat. 3224        Historical and Revision Notes  Revised Section Source (U.S. Code) Source (Statutes at Large)  306101(a) 16 U.S.C. 470h2(a)(1) Pub. L. 89665, title I,  110(a)(1) Pub. L. 96515, title II,  206 Dec. 12, 1980 94 Stat. 2996 Pub. L. 102575, title XL,  4012(1) Oct. 30, 1992 106 Stat. 4760 Pub. L. 106208,  4 May 26, 2000 114 Stat. 318 306101(b) 16 U.S.C. 470a(g) Pub. L. 89665, title I,  101(g) Oct. 15, 1966 80 Stat. 915 Pub. L. 91383,  11 Pub. L. 94458,  2 Oct. 7, 1976 90 Stat. 1942 Pub. L. 9354,  1(d) July 1, 1973 87 Stat. 139 Pub. L. 96205, title VI,  608(a)(1) Mar. 12, 1980 94 Stat. 92 Pub. L. 96515, title II,  201(a) Dec. 12, 1980 94 Stat. 2992 Pub. L. 102575, title XL,  4006(a)(1) Oct. 30, 1992 106 Stat. 4758 306101(c) 16 U.S.C. 470a(h) In subsection (a)(3), the cross reference is treated as a cross reference to 16 U.S.C. 470a(h) 16 U.S.C. 470a(g) In subsection (c), the words Administrator of General Services are substituted for Administrator of the General Services Administration to use the correct title of the Administrator. Executive Documents  Ex. Ord. No. 13287. Preserve America Ex. Ord. No. 13287, Mar. 3, 2003 By the authority vested in me as President by the Constitution and the laws of the United States of America, including the National Historic Preservation Act ([former] 16 U.S.C. 470 et seq. 54 U.S.C. 300301 42 U.S.C. 4321 et seq. Section Statement of Policy Sec Building Preservation Partnerships Sec Improving Federal Agency Planning and Accountability 16 U.S.C. 470h2(a)(2) 54 U.S.C. 306102 September 30, 2004 (b) No later than September 30, 2004 16 U.S.C. 470h2 54 U.S.C. 306101 (c) Each agency with real property management responsibilities shall, by September 30, 2005 February 15, 2006 (d) Agencies may use existing information gathering and reporting systems to fulfill the assessment and reporting requirements of subsections 3(a)(c) of this order. To assist agencies, the Council, in consultation with the Secretary, shall, by September 30, 2003 (e) No later than June 30, 2003 54 U.S.C. 306104 Sec Improving Federal Stewardship of Historic Properties (b) Where consistent with agency missions and the Secretary of the Interiors Standards for Archeology and Historic Preservation, and where appropriate, agencies shall cooperate with communities to increase opportunities for public benefit from, and access to, Federally owned historic properties. (c) The Council is directed to use its existing authority to encourage and accept donations of money, equipment, and other resources from public and private parties to assist other agencies in the preservation of historic properties in Federal ownership to fulfill the goals of the NHPA and this order. (d) The National Park Service, working with the Council and in consultation with other agencies, shall make available existing materials and information for education, training, and awareness of historic property stewardship to ensure that all Federal personnel have access to information and can develop the skills necessary to continue the productive use of Federally owned historic properties while meeting their stewardship responsibilities. (e) The Council, in consultation with the National Park Service and other agencies, shall encourage and recognize exceptional achievement by such agencies in meeting the goals of the NHPA and this order. By March 31, 2004 Sec Promoting Preservation Through Heritage Tourism. (a) To the extent permitted by law and within existing resources, the Secretary of Commerce, working with the Council and other agencies, shall assist States, Indian tribes, and local communities in promoting the use of historic properties for heritage tourism and related economic development in a manner that contributes to the long-term preservation and productive use of those properties. Such assistance shall include efforts to strengthen and improve heritage tourism activities throughout the country as they relate to Federally owned historic properties and significant natural assets on Federal lands. (b) Where consistent with agency missions and governing law, and where appropriate, agencies shall use historic properties in their ownership in conjunction with State, tribal, and local tourism programs to foster viable economic partnerships, including, but not limited to, cooperation and coordination with tourism officials and others with interests in the properties. Sec National and Homeland Security Considerations. Nothing in this order shall be construed to require any agency to take any action or disclose any information that would conflict with or compromise national and homeland security goals, policies, programs, or activities. Sec Definitions 16 U.S.C. 470w(5) 54 U.S.C. 300308 Sec Judicial Review  George W. Bush.  306102. Preservation program (a)  Establishment Each Federal agency shall establish (except for programs or undertakings exempted pursuant to section 304108(c) of this title (b)  Requirements The program shall ensure that (1) historic property under the jurisdiction or control of the agency is identified, evaluated, and nominated to the National Register; (2) historic property under the jurisdiction or control of the agency is managed and maintained in a way that considers the preservation of their historic, archeological, architectural, and cultural values in compliance with section 306108 of this title (3) the preservation of property not under the jurisdiction or control of the agency but potentially affected by agency actions is given full consideration in planning; (4) the agencys preservation-related activities are carried out in consultation with other Federal, State, and local agencies, Indian tribes, Native Hawaiian organizations carrying out historic preservation planning activities, and the private sector; and (5) the agencys procedures for compliance with section 306108 of this title (A) are consistent with regulations promulgated by the Council pursuant to section 304108(a) and (b) of this title; (B) provide a process for the identification and evaluation of historic property for listing on the National Register and the development and implementation of agreements, in consultation with State Historic Preservation Officers, local governments, Indian tribes, Native Hawaiian organizations, and the interested public, as appropriate, regarding the means by which adverse effects on historic property will be considered; and (C) provide for the disposition of Native American cultural items from Federal or tribal land in a manner consistent with section 3(c) of the Native American Graves Protection and Repatriation Act ( 25 U.S.C. 3002(c) ( Pub. L. 113287,  3 Dec. 19, 2014 128 Stat. 3225        Historical and Revision Notes  Revised Section Source (U.S. Code) Source (Statutes at Large)  306102 16 U.S.C. 470h2(a)(2) Pub. L. 89665, title I,  110(a)(2) Pub. L. 96515, title II,  206 Dec. 12, 1980 94 Stat. 2996 Pub. L. 102575, title XL,  4012(2) Oct. 30, 1992 106 Stat. 4760 In subsection (a), the words except for programs and undertakings exempted are substituted for unless exempted for clarity. In subsection (b)(2), the words as are listed in or may be eligible for the National Register are omitted as unnecessary because of the definition of historic property in section 300308 of the new title.  306103. Recordation of historic property prior to alteration or demolition Each Federal agency shall initiate measures to ensure that where, as a result of Federal action or assistance carried out by the agency, a historic property is to be substantially altered or demolished (1) timely steps are taken to make or have made appropriate records; and (2) the records are deposited, in accordance with section 302107 of this title ( Pub. L. 113287,  3 Dec. 19, 2014 128 Stat. 3226        Historical and Revision Notes  Revised Section Source (U.S. Code) Source (Statutes at Large)  306103 16 U.S.C. 470h2(b) Pub. L. 89665, title I,  110(b) Pub. L. 96515, title II,  206 Dec. 12, 1980 94 Stat. 2996  306104. Agency Preservation Officer  The head of each Federal agency (except an agency that is exempted under section 304108(c) of this title section 306101(c) of this title ( Pub. L. 113287,  3 Dec. 19, 2014 128 Stat. 3226        Historical and Revision Notes  Revised Section Source (U.S. Code) Source (Statutes at Large)  306104 16 U.S.C. 470h2(c) Pub. L. 89665, title I,  110(c) Pub. L. 96515, title II,  206 Dec. 12, 1980 94 Stat. 2996 Pub. L. 102575, title XL,  4006(b) Oct. 30, 1992 106 Stat. 4757  306105. Agency programs and projects  Consistent with the agencys missions and mandates, each Federal agency shall carry out agency programs and projects (including those under which any Federal assistance is provided or any Federal license, permit, or other approval is required) in accordance with the purposes of this division and give consideration to programs and projects that will further the purposes of this division. ( Pub. L. 113287,  3 Dec. 19, 2014 128 Stat. 3226        Historical and Revision Notes  Revised Section Source (U.S. Code) Source (Statutes at Large)  306105 16 U.S.C. 470h2(d) Pub. L. 89665, title I,  110(d) Pub. L. 96515, title II,  206 Dec. 12, 1980 94 Stat. 2996  306106. Review of plans of transferees of surplus federally owned historic property  The Secretary shall review and approve the plans of transferees of surplus federally owned historic property not later than 90 days after receipt of the plans to ensure that the prehistorical, historical, architectural, or culturally significant values will be preserved or enhanced. ( Pub. L. 113287,  3 Dec. 19, 2014 128 Stat. 3226        Historical and Revision Notes  Revised Section Source (U.S. Code) Source (Statutes at Large)  306106 16 U.S.C. 470h2(e) Pub. L. 89665, title I,  110(e) Pub. L. 96515, title II,  206 Dec. 12, 1980 94 Stat. 2996  306107. Planning and actions to minimize harm to National Historic Landmarks  Prior to the approval of any Federal undertaking that may directly and adversely affect any National Historic Landmark, the head of the responsible Federal agency shall to the maximum extent possible undertake such planning and actions as may be necessary to minimize harm to the landmark. The head of the Federal agency shall afford the Council a reasonable opportunity to comment with regard to the undertaking. ( Pub. L. 113287,  3 Dec. 19, 2014 128 Stat. 3226        Historical and Revision Notes  Revised Section Source (U.S. Code) Source (Statutes at Large)  306107 16 U.S.C. 470h2(f) Pub. L. 89665, title I,  110(f) Pub. L. 96515, title II,  206 Dec. 12, 1980 94 Stat. 2996  306108. Effect of undertaking on historic property  The head of any Federal agency having direct or indirect jurisdiction over a proposed Federal or federally assisted undertaking in any State and the head of any Federal department or independent agency having authority to license any undertaking, prior to the approval of the expenditure of any Federal funds on the undertaking or prior to the issuance of any license, shall take into account the effect of the undertaking on any historic property. The head of the Federal agency shall afford the Council a reasonable opportunity to comment with regard to the undertaking. ( Pub. L. 113287,  3 Dec. 19, 2014 128 Stat. 3227        Historical and Revision Notes  Revised Section Source (U.S. Code) Source (Statutes at Large)  306108 16 U.S.C. 470f Pub. L. 89665, title I,  106 Oct. 15, 1966 80 Stat. 917 Pub. L. 94422, title II,  201(3) Sept. 28, 1976 90 Stat. 1320 The words historic property are substituted for district, site, building, structure, or object that is included in or eligible for inclusion in the National Register because of the definition of historic property in section 300308 of the new title.  306109. Costs of preservation as eligible project costs  A Federal agency may include the costs of preservation activities of the agency under this division as eligible project costs in all undertakings of the agency or assisted by the agency. The eligible project costs may include amounts paid by a Federal agency to a State to be used in carrying out the preservation responsibilities of the Federal agency under this division, and reasonable costs may be charged to Federal licensees and permittees as a condition to the issuance of the license or permit. ( Pub. L. 113287,  3 Dec. 19, 2014 128 Stat. 3227        Historical and Revision Notes  Revised Section Source (U.S. Code) Source (Statutes at Large)  306109 16 U.S.C. 470h2(g) Pub. L. 89665, title I,  110(g) Pub. L. 96515, title II,  206 Dec. 12, 1980 94 Stat. 2996  306110. Annual preservation awards program  The Secretary shall establish an annual preservation awards program under which the Secretary may make monetary awards in amounts of not to exceed $1,000 and provide citations for special achievement to officers and employees of Federal, State, and certified local governments in recognition of their outstanding contributions to the preservation of historic property. The program may include the issuance of annual awards by the President to any citizen of the United States recommended for the award by the Secretary. ( Pub. L. 113287,  3 Dec. 19, 2014 128 Stat. 3227        Historical and Revision Notes  Revised Section Source (U.S. Code) Source (Statutes at Large)  306110 16 U.S.C. 470h2(h) Pub. L. 89665, title I,  110(h) Pub. L. 96515, title II,  206 Dec. 12, 1980 94 Stat. 2997 The words historic property are substituted for historic resources for consistency because the defined term in the new division is historic property.  306111. Environmental impact statement Nothing in this division shall be construed to (1) require the preparation of an environmental impact statement where the statement would not otherwise be required under the National Environmental Policy Act of 1969 ( 42 U.S.C. 4321 (2) provide any exemption from any requirement respecting the preparation of an environmental impact statement under that Act. ( Pub. L. 113287,  3 Dec. 19, 2014 128 Stat. 3227        Historical and Revision Notes  Revised Section Source (U.S. Code) Source (Statutes at Large)  306111 16 U.S.C. 470h2(i) Pub. L. 89665, title I,  110(i) Pub. L. 96515, title II,  206 Dec. 12, 1980 94 Stat. 2997 Editorial Notes  References in Text The National Environmental Policy Act of 1969, referred to in text, is Pub. L. 91190 Jan. 1, 1970 83 Stat. 852 section 4321 of Title 42  306112. Waiver of provisions in event of natural disaster or imminent threat to national security  The Secretary shall promulgate regulations under which the requirements of this subchapter (except section 306108) may be waived in whole or in part in the event of a major natural disaster or an imminent threat to national security. ( Pub. L. 113287,  3 Dec. 19, 2014 128 Stat. 3227        Historical and Revision Notes  Revised Section Source (U.S. Code) Source (Statutes at Large)  306112 16 U.S.C. 470h2(j) Pub. L. 89665, title I,  110(j) Pub. L. 96515, title II,  206 Dec. 12, 1980 94 Stat. 2997  306113. Anticipatory demolition  Each Federal agency shall ensure that the agency will not grant a loan, loan guarantee, permit, license, or other assistance to an applicant that, with intent to avoid the requirements of section 306108 of this title ( Pub. L. 113287,  3 Dec. 19, 2014 128 Stat. 3227        Historical and Revision Notes  Revised Section Source (U.S. Code) Source (Statutes at Large)  306113 16 U.S.C. 470h2(k) Pub. L. 89665, title I,  110(k) Pub. L. 102575, title XL,  4012(3) Oct. 30, 1992 106 Stat. 4760  306114. Documentation of decisions respecting undertakings  With respect to any undertaking subject to section 306108 of this title section 306108 of this title ( Pub. L. 113287,  3 Dec. 19, 2014 128 Stat. 3228        Historical and Revision Notes  Revised Section Source (U.S. Code) Source (Statutes at Large)  306114 16 U.S.C. 470h2 l Pub. L. 89665, title I,  110 l Pub. L. 102575, title XL,  4012(3) Oct. 30, 1992 106 Stat. 4761 Pub. L. 106208,  5(a)(8) May 26, 2000 114 Stat. 319 The words historic property are substituted for property included in or eligible for inclusion in the National Register because of the definition of historic property in section 300308 of the new title. The words to document a decision pursuant to this section are substituted for pursuant to such section for clarity. The language was not intended to limit agency authority to delegate responsibilities under section 106 of the National Historic Preservation Act ( Public Law 89665 80 Stat. 917 SUBCHAPTER II LEASE, EXCHANGE, OR MANAGEMENT OF HISTORIC PROPERTY  306121. Lease or exchange (a)  Authority To Lease or Exchange Notwithstanding any other provision of law, each Federal agency, after consultation with the Council (1) shall, to the extent practicable, establish and implement alternatives (including adaptive use) for historic property that is not needed for current or projected agency purposes; and (2) may lease historic property owned by the agency to any person or organization, or exchange any property owned by the agency with comparable historic property, if the agency head determines that the lease or exchange will adequately ensure the preservation of the historic property. (b)  Proceeds of Lease Notwithstanding any other provision of law, the proceeds of a lease under subsection (a) may be retained by the agency entering into the lease and used to defray the costs of administration, maintenance, repair, and related expenses incurred by the agency with respect to that property or other property that is on the National Register that is owned by, or are under the jurisdiction or control of, the agency. Any surplus proceeds from the leases shall be deposited in the Treasury at the end of the 2d fiscal year following the fiscal year in which the proceeds are received. ( Pub. L. 113287,  3 Dec. 19, 2014 128 Stat. 3228        Historical and Revision Notes  Revised Section Source (U.S. Code) Source (Statutes at Large)  306121(a) 16 U.S.C. 470h3(a) Pub. L. 89665, title I,  111(a) Pub. L. 96515, title II,  207 Dec. 12, 1980 94 Stat. 2997 Pub. L. 102575, title XL,  4013 Oct. 30, 1992 106 Stat. 4761 306121(b) 16 U.S.C. 470h3(b) Pub. L. 89665, title I,  111(b) Pub. L. 96515, title II,  207 Dec. 12, 1980 94 Stat. 2997 Statutory Notes and Related Subsidiaries Historic Lease Process Simplification Pub. L. 105391, title VIII,  802(b) Nov. 13, 1998 112 Stat. 3523 The Secretary is directed to simplify, to the maximum extent possible, the leasing process for historic properties with the goal of leasing available structures in a timely manner. [For Secretary as used in section 802(b) of Pub. L. 105391 section 2 of Pub. L. 105391 Nov. 13, 1998 112 Stat. 3498 section 5901 of Title 16 Pub. L. 113287  306122. Contracts for management of historic property  The head of any Federal agency having responsibility for the management of any historic property may, after consultation with the Council, enter into a contract for the management of the property. The contract shall contain terms and conditions that the head of the agency considers necessary or appropriate to protect the interests of the United States and ensure adequate preservation of the historic property. ( Pub. L. 113287,  3 Dec. 19, 2014 128 Stat. 3228        Historical and Revision Notes  Revised Section Source (U.S. Code) Source (Statutes at Large)  306122 16 U.S.C. 470h3(c) Pub. L. 89665, title I,  111(c) Pub. L. 96515, title II,  207 Dec. 12, 1980 94 Stat. 2997 SUBCHAPTER III PROTECTION AND PRESERVATION OF RESOURCES  306131. Standards and guidelines (a)  Standards. (1)  In general Each Federal agency that is responsible for the protection of historic property (including archeological property) pursuant to this division or any other law shall ensure that (A) all actions taken by employees or contractors of the agency meet professional standards under regulations developed by the Secretary in consultation with the Council, other affected agencies, and the appropriate professional societies of archeology, architecture, conservation, history, landscape architecture, and planning; (B) agency personnel or contractors responsible for historic property meet qualification standards established by the Office of Personnel Management in consultation with the Secretary and appropriate professional societies of archeology, architecture, conservation, curation, history, landscape architecture, and planning; and (C) records and other data, including data produced by historical research and archeological surveys and excavations, are permanently maintained in appropriate databases and made available to potential users pursuant to such regulations as the Secretary shall promulgate. (2)  Considerations The standards referred to in paragraph (1)(B) shall consider the particular skills and expertise needed for the preservation of historic property and shall be equivalent requirements for the disciplines involved. (3)  Revision The Office of Personnel Management shall revise qualification standards for the disciplines involved. (b)  Guidelines To promote the preservation of historic property eligible for listing on the National Register, the Secretary shall, in consultation with the Council, promulgate guidelines to ensure that Federal, State, and tribal historic preservation programs subject to this division include plans to (1) provide information to the owners of historic property (including architectural, curatorial, and archeological property) with demonstrated or likely research significance, about the need for protection of the historic property, and the available means of protection; (2) encourage owners to preserve historic property intact and in place and offer the owners of historic property information on the tax and grant assistance available for the donation of the historic property or of a preservation easement of the historic property; (3) encourage the protection of Native American cultural items (within the meaning of section 2 of the Native American Graves Protection and Repatriation Act ( 25 U.S.C. 3001 (4) encourage owners that are undertaking archeological excavations to (A) conduct excavations and analyses that meet standards for federally-sponsored excavations established by the Secretary; (B) donate or lend artifacts of research significance to an appropriate research institution; (C) allow access to artifacts for research purposes; and (D) prior to excavating or disposing of a Native American cultural item in which an Indian tribe or Native Hawaiian organization may have an interest under subparagraph (B) or (C) of section 3(a)(2) of the Native American Graves Protection and Repatriation Act ( 25 U.S.C. 3002(a)(2)(B) ( Pub. L. 113287,  3 Dec. 19, 2014 128 Stat. 3229 Pub. L. 114289, title VI,  601(f) Dec. 16, 2016 130 Stat. 1491        Historical and Revision Notes  Revised Section Source (U.S. Code) Source (Statutes at Large)  306131 16 U.S.C. 470h4 Pub. L. 89665, title I,  112 Pub. L. 102575, title XL,  4014 Oct. 30, 1992 106 Stat. 4761 Pub. L. 106208,  5(a)(9) May 26, 2000 114 Stat. 319 In subparagraphs (A) and (B) of subsection (a)(1), the words the disciplines involved, specifically are omitted as unnecessary. In subsection (a)(3), the words within 2 years after October 20, 1992 In subsection (b)(1), the word property is substituted for resources for consistency because the defined term in the new division is property. Editorial Notes Amendments 2016Subsec. (a)(3). Pub. L. 114289 Subdivision  Miscellaneous CHAPTER 3071 MISCELLANEOUS    Sec.  307101. World Heritage Convention.  307102. Effective date of regulations.  307103. Access to information.  307104. Inapplicability of division to White House, Supreme Court building, or United States Capitol.  307105. Attorneys fees and costs to prevailing parties in civil actions.  307106. Authorization for expenditure of appropriated funds.  307107. Donations and bequests of money, personal property, and less than fee interests in historic property.  307108. Privately donated funds.  307101. World Heritage Convention (a)  Authority of Secretary In carrying out this section, the Secretary of the Interior may act directly or through an appropriate officer in the Department of the Interior. (b)  Participation by United States The Secretary shall direct and coordinate participation by the United States in the World Heritage Convention in cooperation with the Secretary of State, the Smithsonian Institution, and the Council. Whenever possible, expenditures incurred in carrying out activities in cooperation with other nations and international organizations shall be paid for in such excess currency of the country or area where the expense is incurred as may be available to the United States. (c)  Nomination of Property to World Heritage Committee The Secretary shall periodically nominate property that the Secretary determines is of international significance to the World Heritage Committee on behalf of the United States. No property may be nominated unless it has previously been determined to be of national significance. Each nomination shall include evidence of such legal protections as may be necessary to ensure preservation of the property and its environment (including restrictive covenants, easements, or other forms of protection). Before making any nomination, the Secretary shall notify the Committee on Natural Resources of the House of Representatives and the Committee on Energy and Natural Resources of the Senate. (d)  Nomination of Non-Federal Property to World Heritage Committee Requires Written Concurrence of Owner No non-Federal property may be nominated by the Secretary to the World Heritage Committee for inclusion on the World Heritage List unless the owner of the property concurs in the nomination in writing. (e)  Consideration of Undertaking on Property Prior to the approval of any undertaking outside the United States that may directly and adversely affect a property that is on the World Heritage List or on the applicable countrys equivalent of the National Register, the head of a Federal agency having direct or indirect jurisdiction over the undertaking shall take into account the effect of the undertaking on the property for purposes of avoiding or mitigating any adverse effect. ( Pub. L. 113287,  3 Dec. 19, 2014 128 Stat. 3230        Historical and Revision Notes  Revised Section Source (U.S. Code) Source (Statutes at Large)  307101(a) no source. 307101(b) through (d) 16 U.S.C. 470a1 Pub. 96515, title IV,  401, Dec. 12, 1980 94 Stat. 3000 Pub. L. 103437,  6(d)(28) Nov. 2, 1994 108 Stat. 4584 307101(e) 16 U.S.C. 470a2 Pub. L. 96515, title IV,  402 Dec. 12, 1980 94 Stat. 3000 Subsection (a) is added for clarity because of the definition of Secretary in section 300316 of the new title.  307102. Effective date of regulations (a)  Publication in Federal Register No final regulation of the Secretary shall become effective prior to the expiration of 30 calendar days after it is published in the Federal Register during which either or both Houses of Congress are in session. (b)  Disapproval of Regulation by Resolution of Congress The regulation shall not become effective if, within 90 calendar days of continuous session of Congress after the date of promulgation, both Houses of Congress adopt a concurrent resolution, the matter after the resolving clause of which is as follows: That Congress disapproves the regulation promulgated by the Secretary dealing with the matter of         , which regulation was transmitted to Congress on         , the blank spaces in the resolution being appropriately filled. (c)  Failure of Congress To Adopt Resolution of Disapproval of Regulation If at the end of 60 calendar days of continuous session of Congress after the date of promulgation of a regulation, no committee of either House of Congress has reported or been discharged from further consideration of a concurrent resolution disapproving the regulation, and neither House has adopted such a resolution, the regulation may go into effect immediately. If, within the 60 calendar days, a committee has reported or been discharged from further consideration of such a resolution, the regulation may go into effect not sooner than 90 calendar days of continuous session of Congress after its promulgation unless disapproved as provided for. (d)  Sessions of Congress For purposes of this section (1) continuity of session is broken only by an adjournment sine die; and (2) the days on which either House is not in session because of an adjournment of more than 3 days to a day certain are excluded in the computation of 60 and 90 calendar days of continuous session of Congress. (e)  Congressional Inaction or Rejection of Resolution of Disapproval Not Deemed Approval of Regulation Congressional inaction on or rejection of a resolution of disapproval shall not be deemed an expression of approval of the regulation. ( Pub. L. 113287,  3 Dec. 19, 2014 128 Stat. 3231        Historical and Revision Notes  Revised Section Source (U.S. Code) Source (Statutes at Large)  307102 16 U.S.C. 470w6 Pub. L. 89665, title III,  307 Pub. L. 96515, title V,  501 Dec. 12, 1980 94 Stat. 3004 Pub. L. 103437,  6(d)(29) Nov. 2, 1994 108 Stat. 4584 Pub. L. 104333, div. I, title VIII,  814(d)(1)(O) Nov. 12, 1996 110 Stat. 4196 Pub. L. 106176, title I,  120(a)(2) Mar. 10, 2000 114 Stat. 28 Pub. L. 106208,  5(a)(11) May 26, 2000 114 Stat. 319  307103. Access to information (a)  Authority To Withhold From Disclosure The head of a Federal agency, or other public official receiving grant assistance pursuant to this division, after consultation with the Secretary, shall withhold from disclosure to the public information about the location, character, or ownership of a historic property if the Secretary and the agency determine that disclosure may (1) cause a significant invasion of privacy; (2) risk harm to the historic property; or (3) impede the use of a traditional religious site by practitioners. (b)  Access Determination When the head of a Federal agency or other public official determines that information should be withheld from the public pursuant to subsection (a), the Secretary, in consultation with the Federal agency head or official, shall determine who may have access to the information for the purpose of carrying out this division. (c)  Consultation With Council When information described in subsection (a) has been developed in the course of an agencys compliance with section 306107 or 306108 of this title, the Secretary shall consult with the Council in reaching determinations under subsections (a) and (b). ( Pub. L. 113287,  3 Dec. 19, 2014 128 Stat. 3231        Historical and Revision Notes  Revised Section Source (U.S. Code) Source (Statutes at Large)  307103 16 U.S.C. 470w3 Pub. L. 89665, title III,  304 Pub. L. 96515, title V,  501 Dec. 12, 1980 94 Stat. 3002 Pub. L. 102575, title XL,  4020 Oct. 30, 1992 106 Stat. 4765  307104. Inapplicability of division to White House, Supreme Court building, or United States Capitol  Nothing in this division applies to the White House and its grounds, the Supreme Court building and its grounds, or the United States Capitol and its related buildings and grounds. ( Pub. L. 113287,  3 Dec. 19, 2014 128 Stat. 3232        Historical and Revision Notes  Revised Section Source (U.S. Code) Source (Statutes at Large)  307104 16 U.S.C. 470g Pub. L. 89665, title I,  107 Oct. 15, 1966 80 Stat. 915  307105. Attorneys fees and costs to prevailing parties in civil actions  In any civil action brought in any United States district court by any interested person to enforce this division, if the person substantially prevails in the action, the court may award attorneys fees, expert witness fees, and other costs of participating in the civil action, as the court considers reasonable. ( Pub. L. 113287,  3 Dec. 19, 2014 128 Stat. 3232        Historical and Revision Notes  Revised Section Source (U.S. Code) Source (Statutes at Large)  307105 16 U.S.C. 470w4 Pub. L. 89665, title III,  305 Pub. L. 96515, title V,  501 Dec. 12, 1980 94 Stat. 3002  307106. Authorization for expenditure of appropriated funds  Where appropriate, each Federal agency may expend funds appropriated for its authorized programs for the purposes of activities carried out pursuant to this division, except to the extent that appropriations legislation expressly provides otherwise. ( Pub. L. 113287,  3 Dec. 19, 2014 128 Stat. 3232        Historical and Revision Notes  Revised Section Source (U.S. Code) Source (Statutes at Large)  307106 16 U.S.C. 470w1 Pub. L. 89665, title III,  302 Pub. L. 96515, title V,  501 Dec. 12, 1980 94 Stat. 3002  307107. Donations and bequests of money, personal property, and less than fee interests in historic property (a)  Money and Personal Property The Secretary may accept donations and bequests of money and personal property for the purposes of this division and shall hold, use, expend, and administer the money and personal property for those purposes. (b)  Less Than Fee Interest in Historic Property The Secretary may accept gifts or donations of less than fee interests in any historic property where the acceptance of an interest will facilitate the conservation or preservation of the historic property. Nothing in this section or in any provision of this division shall be construed to affect or impair any other authority of the Secretary under other provision of law to accept or acquire any property for conservation or preservation or for any other purpose. ( Pub. L. 113287,  3 Dec. 19, 2014 128 Stat. 3232        Historical and Revision Notes  Revised Section Source (U.S. Code) Source (Statutes at Large)  307107 16 U.S.C. 470w2 Pub. L. 89665, title III,  303 Pub. L. 96515, title V,  501 Dec. 12, 1980 94 Stat. 3002  307108. Privately donated funds (a)  Projects for Which Funds May Be Used In furtherance of the purposes of this division, the Secretary may accept the donation of funds that may be expended by the Secretary for projects to acquire, restore, preserve, or recover data from any property included on the National Register, as long as the project is owned by a State, any unit of local government, or any nonprofit entity. (b)  Consideration of Factors Respecting Expenditure of Funds. (1)  In general In expending the funds, the Secretary shall give due consideration to (A) the national significance of the project; (B) its historical value to the community; (C) the imminence of its destruction or loss; and (D) the expressed intentions of the donor. (2)  Funds available without regard to matching requirements Funds expended under this subsection shall be made available without regard to the matching requirements established by sections 302901 and 302902(b) of this title, but the recipient of the funds shall be permitted to utilize them to match any grants from the Historic Preservation Fund. (c)  Transfer of Unobligated Funds The Secretary may transfer unobligated funds previously donated to the Secretary for the purposes of the Service, with the consent of the donor, and any funds so transferred shall be used or expended in accordance with this division. ( Pub. L. 113287,  3 Dec. 19, 2014 128 Stat. 3232        Historical and Revision Notes  Revised Section Source (U.S. Code) Source (Statutes at Large)  307108 16 U.S.C. 470h1 Pub. L. 89665, title I,  109 Pub. L. 96244,  1 May 19, 1980 94 Stat. 346 In subsection (a), the word included is substituted for listed for consistency in the revised subtitle. DIVISION B ORGANIZATIONS AND PROGRAMS Subdivision  Administered by National Park Service  Statutory Notes and Related Subsidiaries Japanese American World War II History Network Pub. L. 117328, div. DD, title VI,  645 Dec. 29, 2022 136 Stat. 5615  (a)  Establishment The Secretary [of the Interior] shall establish, within the National Park Service, a program to be known as the Japanese American World War II History Network (referred to in this section as the Network). (b)  Duties of Secretary In carrying out the Network, the Secretary shall (1) review studies and reports to complement and not duplicate studies of Japanese American World War II history and Japanese American experiences during World War II, including studies related to relocation centers and confinement sites, that are underway or completed; (2) produce and disseminate appropriate educational materials, such as handbooks, maps, interpretive guides, or electronic information relating to Japanese American World War II history and Japanese American experiences during the war, including relocation centers and confinement sites; (3) enter into appropriate cooperative agreements and memoranda of understanding to provide technical assistance under subsection (d); and (4) (A) create and adopt an official, uniform symbol or device for the Network; and (B) issue regulations for the use of the symbol or device adopted under subparagraph (A). (c)  Elements The Network shall encompass the following elements: (1) All units and programs of the National Park Service that are determined by the Secretary to relate to Japanese American World War II history and Japanese American experiences during the war, including relocation centers and confinement sites. (2) With the consent of the property owner, other Federal, State, local, Tribal, and privately owned properties that (A) relate to Japanese American World War II history and Japanese experiences during the war, including relocation centers and confinement sites; (B) have a verifiable connection to Japanese American World War II history and Japanese experiences during the war, including relocation and confinement sites; and (C) are included in, or determined by the Secretary to be eligible for inclusion in, the National Register of Historic Places. (3) Other governmental and nongovernmental facilities and programs of an educational, research, or interpretive nature that are directly related to Japanese American World War II history and the experiences of Japanese Americans during the war, including relocation centers and confinement sites. (d)  Cooperative Agreements and Memoranda of Understanding To achieve the purposes of this section and to ensure effective coordination of the Federal and non-Federal elements of the Network described in subsection (c) with units of the National Park System and programs of the National Park Service, including the Japanese American Confinement Sites Program, the Secretary may enter into cooperative agreements and memoranda of understanding with, and provide technical assistance to, the heads of other Federal agencies, States, units of local government, Indian Tribes, regional governmental bodies, and private entities. (e)  Sunset The authority of the Secretary under this section shall expire 7 years after the date of enactment of this Act [ Dec. 29, 2022 Historic Confinement Sites Pub. L. 109441 Dec. 21, 2006 120 Stat. 3288 Pub. L. 11188, div. A, title I Oct. 30, 2009 123 Stat. 2929 Pub. L. 117328, div. DD, title VI,  644 Dec. 29, 2022 136 Stat. 5614  SECTION. 1. PRESERVATION OF HISTORIC CONFINEMENT SITES. (a)  Preservation Program The Secretary shall create a program within the National Park Service to encourage, support, recognize, and work in partnership with citizens, Federal agencies, State, local, and tribal governments, other public entities, educational institutions, and private nonprofit organizations for the purpose of identifying, researching, evaluating, interpreting, protecting, restoring, repairing, and acquiring historic confinement sites in order that present and future generations may learn and gain inspiration from these sites and that these sites will demonstrate the Nations commitment to equal justice under the law. (b)  Grants. (1)  Criteria The Secretary, after consultation with State, local, and tribal governments, other public entities, educational institutions, and private nonprofit organizations (including organizations involved in the preservation of historic confinement sites), shall develop criteria for making grants under paragraph (2) to assist in carrying out subsection (a). (2)  Provision of grants Not later than 180 days after the date on which funds are made available to carry out this Act, the Secretary shall, subject to the availability of appropriations, make grants to the entities described in paragraph (1) only in accordance with the criteria developed under that paragraph. (c)  Property Acquisition. (1)  Authority Federal funds made available under this section may be used to acquire non-Federal property for the purposes of this section, in accordance with section 3, only if that property is within the areas described in paragraph (2). (2)  Property descriptions The property referred to in paragraph (2) [probably should be (1)] is the following: (A) Jerome, depicted in Figure 7.1 of the Site Document. (B) Rohwer, depicted in Figure 11.2 of the Site Document. (C) Topaz, depicted in Figure 12.2 of the Site Document. (D) Honouliuli, located on the southern part of the Island of Oahu, Hawaii, and within the land area bounded by H1 to the south, Route 750 (Kunia Road) to the east, the Honouliuli Forest Reserve to the west, and Kunia town and Schofield Barracks to the north. (E) Heart Mountain, depicted in Figure 6.3 of the Site Document. (3)  No effect on private property The authority granted in this subsection shall not constitute a Federal designation or have any effect on private property ownership. (d)  Matching Fund Requirement The Secretary shall require a 50 percent non-Federal match for funds provided under this section. (e)  Sunset of Authority This Act shall have no force or effect on and after the date that is 2 years after the disbursement to grantees under this section of the total amount of funds authorized to be appropriated under section 4. SEC. 2. DEFINITIONS. For purposes of this Act the following definitions apply: (1)  Historic confinement sites (A) The term historic confinement sites means the 10 internment camp sites referred to as Gila River, Granada, Heart Mountain, Jerome, Manzanar, Minidoka, Poston, Rohwer, Topaz, and Tule Lake and depicted in Figures 4.1, 5.1, 6.1, 7.1, 8.4, 9.2, 10.6, 11.2, 12.2, and 13.2, respectively, of the Site Document; and (B) other historically significant locations, as determined by the Secretary, where Japanese Americans were detained during World War II. (2)  Secretary The term Secretary means the Secretary of the Interior. (3)  Site document The term Site Document means the document titled Confinement and Ethnicity: An Overview of World War II Japanese American Relocation Sites, published by the Western Archeological and Conservation Center, National Park Service, in 1999. (4)  Japanese american confinement education grants The term Japanese American Confinement Education Grants means competitive grants, awarded through the Japanese American Confinement Sites Program, for Japanese American organizations to educate individuals, including through the use of digital resources, in the United States on the historical importance of Japanese American confinement during World War II, so that present and future generations may learn from Japanese American confinement and the commitment of the United States to equal justice under the law. (5)  Japanese american organization The term Japanese American organization means a private nonprofit organization within the United States established to promote the understanding and appreciation of the ethnic and cultural diversity of the United States by illustrating the Japanese American experience throughout the history of the United States. SEC. 3. PRIVATE PROPERTY PROTECTION. No Federal funds made available to carry out this Act may be used to acquire any real property or any interest in any real property without the written consent of the owner or owners of that property or interest in property. SEC. 4. AUTHORIZATION OF APPROPRIATIONS. (a)  In General There are authorized to be appropriated to the Secretary $80,000,000 to carry out this Act. Such sums shall remain available until expended. (b)  Japanese American Confinement Education Grants. (1)  In general Of the amounts made available under this section, not more than $10,000,000 shall be awarded as Japanese American Confinement Education Grants to Japanese American organizations. Such competitive grants shall be in an amount not less than $750,000 and the Secretary shall give priority consideration to Japanese American organizations with fewer than 100 employees. (2)  Matching requirement. (A)  Fifty percent Except as provided in subparagraph (B), for funds awarded under this subsection, the Secretary shall require a 50 percent match with non-Federal assets from non-Federal sources, which may include cash or durable goods and materials fairly valued, as determined by the Secretary. (B)  Waiver The Secretary may waive all or part of the matching requirement under subparagraph (A), if the Secretary determines that (i) no reasonable means are available through which an applicant can meet the matching requirement; and (ii) the probable benefit of the project funded outweighs the public interest in the matching requirement. CHAPTER 3081 AMERICAN BATTLEFIELD PROTECTION PROGRAM    Sec.  308101. Definition.  308102. Preservation assistance.  308103. Battlefield acquisition grant program.  308104. Battlefield interpretation modernization grant program.  308105. Battlefield restoration grant program.  Editorial Notes Amendments 2019 Pub. L. 11694, div. P, title VII,  703(b) Dec. 20, 2019 133 Stat. 3196  308101. Definition  In this chapter, the term Secretary means the Secretary, acting through the American Battlefield Protection Program. ( Pub. L. 113287,  3 Dec. 19, 2014 128 Stat. 3233        Historical and Revision Notes  Revised Section Source (U.S. Code) Source (Statutes at Large)  308101 16 U.S.C. 469k1(c)(1)(D) Pub. L. 11111, title VII Mar. 30, 2009 123 Stat. 1213 Statutory Notes and Related Subsidiaries Purpose Pub. L. 11111, title VII,  7301(a) Mar. 30, 2009 123 Stat. 1213 The purpose of this section [enacting former section 469k1 of Title 16  308102. Preservation assistance (a)  In General Using the established national historic preservation program to the extent practicable, the Secretary shall encourage, support, assist, recognize, and work in partnership with citizens, Federal, State, local, and tribal governments, other public entities, educational institutions, and private nonprofit organizations in identifying, researching, evaluating, interpreting, and protecting historic battlefields and associated sites on a national, State, and local level. (b)  Financial Assistance To carry out subsection (a), the Secretary may use a cooperative agreement, grant, contract, or other generally adopted means of providing financial assistance. (c)  Authorization of Appropriations There is authorized to be appropriated to carry out this section $3,000,000 for each fiscal year, to remain available until expended. ( Pub. L. 113287,  3 Dec. 19, 2014 128 Stat. 3233        Historical and Revision Notes  Revised Section Source (U.S. Code) Source (Statutes at Large)  308102 16 U.S.C. 469k1(b) Pub. L. 11111, title VII Mar. 30, 2009 123 Stat. 1213  308103. Battlefield acquisition grant program (a)  Definition In this section, the term eligible site means a site (1) that is not within the exterior boundaries of a System unit; and (2) that is identified in the document entitled Report on the Nations Civil War Battlefields, prepared by the Civil War Sites Advisory Commission, and dated July 1993. (b)  Establishment The Secretary shall establish a battlefield acquisition grant program under which the Secretary may provide grants to State and local governments to pay the Federal share of the cost of acquiring interests in eligible sites for the preservation and protection of those eligible sites. (c)  Nonprofit Partners A State or local government may acquire an interest in an eligible site using a grant under this section in partnership with a nonprofit organization. (d)  Non-Federal Share The non-Federal share of the total cost of acquiring an interest in an eligible site under this section shall be not less than 50 percent. (e)  Limitation on Land Use An interest in an eligible site acquired under this section shall be subject to section 200305(f)(3) of this title (f)  Authorization of Appropriations There is authorized to be appropriated to the Secretary to provide grants under this section $18,000,000 for each of fiscal years 2020 through 2028. ( Pub. L. 113287,  3 Dec. 19, 2014 128 Stat. 3234 Pub. L. 11376, div. G, title IV,  429 Jan. 17, 2014 128 Stat. 345 Pub. L. 113235, div. F, title IV,  421 Dec. 16, 2014 128 Stat. 2449 Pub. L. 113291, div. B, title XXX,  3050 Dec. 19, 2014 128 Stat. 3799 Pub. L. 11694, div. P, title VII,  702 Dec. 20, 2019 133 Stat. 3195  Amendment Not Shown in Text This section was derived from section 469k1(c)(1)(A) to (C), (2) to (6) of Title 16, Conservation, which was amended by Pub. L. 11376, div. G, title IV,  429 Jan. 17, 2014 128 Stat. 345 Pub. L. 113235, div. F, title IV,  421 Dec. 16, 2014 128 Stat. 2449 Pub. L. 113291, div. B, title XXX,  3050 Dec. 19, 2014 128 Stat. 3799 section 6(b) of Pub. L. 113287 section 100101 of this title Subsec. (c)(6) of former section 469k1 of Title 16 Pub. L. 11376 Pub. L. 113235 Subsec. (c) of former section 469k1 of Title 16 Pub. L. 113291 (1) In paragraph (1) (A) by striking subparagraph (A) [restated in subsec. (a)(2) of this section] and inserting the following: (A) Battlefield report .The term battlefield report means, collectively (i) the report entitled Report on the Nations Civil War Battlefields, prepared by the Civil War Sites Advisory Commission, and dated July 1993; and (ii) the report entitled Report to Congress on the Historic Preservation of Revolutionary War and War of 1812 Sites in the United States, prepared by the National Park Service, and dated September 2007.; and (B) in subparagraph (C)(ii) [restated in subsec. (a)(2) of this section], by striking Battlefield Report and inserting battlefield report; (2) In paragraph (2) [restated in subsec. (b) of this section], by inserting eligible sites or after acquiring; (3) In paragraph (3) [restated in subsec. (c) of this section], by inserting an eligible site or after acquire; (4) In paragraph (4) [restated as subsec. (d) of this section], by inserting an eligible site or after acquiring; (5) In paragraph (5) [restated as subsec. (e) of this section], by striking An and inserting An eligible site or an; (6) By redesignating paragraph (6) [restated as subsec. (f) of this section] as paragraph (9); (7) By inserting after paragraph (5) [restated as subsec. (e) of this section] the following new paragraphs: (6) Willing sellers .Acquisition of land or interests in land under this subsection shall be from willing sellers only. (7) Report .Not later than 5 years after the date of the enactment of this paragraph, the Secretary shall submit to Congress a report on the activities carried out under this subsection, including a description of (A) preservation activities carried out at the battlefields and associated sites identified in the battlefield report during the period between publication of the battlefield report and the report required under this paragraph; (B) changes in the condition of the battlefields and associated sites during that period; and (C) any other relevant developments relating to the battlefields and associated sites during that period. (8) Prohibition on lobbying .None of the funds provided pursuant to this section shall be used in any way, directly or indirectly, to influence congressional action on any legislation or appropriation matters pending before Congress.; and (8) In paragraph (9) [restated as subsec. (f) of this section] (as redesignated), by striking 2014 and inserting 2021.       Historical and Revision Notes  Revised Section Source (U.S. Code) Source (Statutes at Large)  308103(a) 16 U.S.C. 469k1(c)(1)(A) Pub. L. 11111, title VII Mar. 30, 2009 123 Stat. 1213 308103(b) 16 U.S.C. 469k1(c)(1)(B) 308103(c) 16 U.S.C. 469k1(c)(1)(B) 308103(d) through (f) 16 U.S.C. 469k1(c)(4) In subsection (f), reference to fiscal years 2009 to 2011 is omitted as obsolete. Editorial Notes Amendments 2019Subsec. (f). Pub. L. 11694  308104. Battlefield interpretation modernization grant program (a)  Establishment The Secretary shall establish a battlefield interpretation modernization grant program under which the Secretary may provide competitive grants to States, Tribes, local governments, and nonprofit organizations for projects and programs that deploy technology to modernize battlefield interpretation and education. (b)  Eligible Sites The Secretary may make grants under this section for Revolutionary War, War of 1812, and Civil War battlefield sites eligible for assistance under the battlefield acquisition grant program established under section 308103(b). (c)  Federal Share The Federal share of the cost of a project or program funded through a grant provided under the program established under subsection (a) shall be not more than 50 percent of the total cost of the applicable project or program. (d)  Authorization of Appropriations There is authorized to be appropriated to the Secretary to provide grants under this section $1,000,000 for each of fiscal years 2020 through 2028. (Added Pub. L. 11694, div. P, title VII,  703(a) Dec. 20, 2019 133 Stat. 3195  308105. Battlefield restoration grant program (a)  Establishment The Secretary shall establish a battlefield restoration grant program (referred to in this section as the program) under which the Secretary may provide grants to States, Tribes, local governments, and nonprofit organizations for projects that restore day-of-battle conditions on land preserved under the battlefield acquisition grant program established under section 308103(b). (b)  Eligible Sites The Secretary may make grants under this section for Revolutionary War, War of 1812, and Civil War battlefield sites eligible for assistance under the battlefield acquisition grant program established under section 308103(b). (c)  Federal Share The Federal share of the cost of a restoration project funded through a grant provided under the program shall be not more than 50 percent of the total cost of the project. (d)  Restoration Standards All restoration work carried out through a grant awarded under the program shall be performed in accordance with the Secretary of the Interiors Standards for the Treatment of Historic Properties under part 68 of title 36, Code of Federal Regulations (or successor regulations). (e)  Authorization of Appropriations There is authorized to be appropriated to the Secretary to provide grants under this section $1,000,000 for each of fiscal years 2020 through 2028. (Added Pub. L. 11694, div. P, title VII,  703(a) Dec. 20, 2019 133 Stat. 3196 CHAPTER 3083 NATIONAL UNDERGROUND RAILROAD NETWORK TO FREEDOM    Sec.  308301. Definition.  308302. Program.  308303. Preservation and interpretation of Underground Railroad history, historic sites, and structures.  308304. Authorization of appropriations.  308301. Definition  In this chapter, the term national network means the National Underground Railroad Network to Freedom established under section 308302 of this title ( Pub. L. 113287,  3 Dec. 19, 2014 128 Stat. 3234        Historical and Revision Notes  Revised Section Source (U.S. Code) Source (Statutes at Large)  308301 no source. Statutory Notes and Related Subsidiaries Purposes of Pub. L. 105203 Pub. L. 105203,  2(b) July 21, 1998 112 Stat. 679  The purposes of this Act [see 54 U.S.C. 308301 (1) To recognize the importance of the Underground Railroad, the sacrifices made by those who used the Underground Railroad in search of freedom from tyranny and oppression, and the sacrifices made by the people who helped them. (2) To authorize the National Park Service to coordinate and facilitate Federal and non-Federal activities to commemorate, honor, and interpret the history of the Underground Railroad, its significance as a crucial element in the evolution of the national civil rights movement, and its relevance in fostering the spirit of racial harmony and national reconciliation.  308302. Program (a)  Establishment; Responsibilities of Secretary The Secretary shall establish in the Service the National Underground Railroad Network to Freedom. Under the national network, the Secretary shall (1) produce and disseminate appropriate educational materials, such as handbooks, maps, interpretive guides, or electronic information; (2) enter into appropriate cooperative agreements and memoranda of understanding to provide technical assistance under subsection (c); and (3) create and adopt an official, uniform symbol or device for the national network and issue regulations for its use. (b)  Elements The national network shall encompass the following elements: (1) All System units and programs of the Service determined by the Secretary to pertain to the Underground Railroad. (2) Other Federal, State, local, and privately owned properties pertaining to the Underground Railroad that have a verifiable connection to the Underground Railroad and that are included on, or determined by the Secretary to be eligible for inclusion on, the National Register of Historic Places. (3) Other governmental and nongovernmental facilities and programs of an educational, research, or interpretive nature that are directly related to the Underground Railroad. (c)  Cooperative Agreements and Memoranda of Understanding To achieve the purposes of this chapter and to ensure effective coordination of the Federal and non-Federal elements of the national network with System units and programs of the Service, the Secretary may enter into cooperative agreements and memoranda of understanding with, and provide technical assistance (1) to the heads of other Federal agencies, States, localities, regional governmental bodies, and private entities; and (2) in cooperation with the Secretary of State, to the governments of Canada, Mexico, and any appropriate country in the Caribbean. ( Pub. L. 113287,  3 Dec. 19, 2014 128 Stat. 3234        Historical and Revision Notes  Revised Section Source (U.S. Code) Source (Statutes at Large)  308302 16 U.S.C. 469 l Pub. L. 105203,  3 July 21, 1998 112 Stat. 679 Pub. L. 110229, title III May 8, 2008 122 Stat. 801 In subsection (a), the words a program to be known as are omitted as unnecessary. The words national network are substituted for program because of the definition of national network in section 308301 of this title  308303. Preservation and interpretation of Underground Railroad history, historic sites, and structures (a)  Authority To Make Grants The Secretary may make grants in accordance with this section for the preservation and restoration of historic buildings or structures associated with the Underground Railroad, and for related research and documentation to sites, programs, or facilities that have been included in the national network. (b)  Grant Conditions Any grant made under this section shall provide that (1) no change or alteration may be made in property for which the grant is used except with the agreement of the property owner and the Secretary; (2) the Secretary shall have the right of access at reasonable times to the public portions of the property for interpretive and other purposes; and (3) conversion, use, or disposal of the property for purposes contrary to the purposes of this chapter, as determined by the Secretary, shall result in a right of the United States to compensation equal to all Federal funds made available to the grantee under this chapter. (c)  Matching Requirement The Secretary may obligate funds made available for a grant under this section only if the grantee agrees to match, from funds derived from non-Federal sources, the amount of the grant with an amount that is equal to or greater than the grant. The Secretary may waive the requirement if the Secretary determines that an extreme emergency exists or that a waiver is in the public interest to ensure the preservation of historically significant resources. ( Pub. L. 113287,  3 Dec. 19, 2014 128 Stat. 3235        Historical and Revision Notes  Revised Section Source (U.S. Code) Source (Statutes at Large)  308303 16 U.S.C. 469 l Pub. L. 105203,  4 Pub. L. 106291, title I,  150(h) Oct. 11, 2000 114 Stat. 959 Pub. L. 110229, title III May 8, 2008 122 Stat. 801 Statutory Notes and Related Subsidiaries National Underground Railroad Freedom Center Pub. L. 106291, title I,  150(b) Oct. 11, 2000 114 Stat. 956  (1)  Findings Congress finds that (A) the National Underground Railroad Freedom Center (hereinafter Freedom Center) is a nonprofit organization incorporated under the laws of the State of Ohio in 1995; (B) the objectives of the Freedom Center are to interpret the history of the Underground Railroad through development of a national cultural institution in Cincinnati, Ohio, that will house an interpretive center, including museum, educational, and research facilities, all dedicated to communicating to the public the importance of the quest for human freedom which provided the foundation for the historic and inspiring story of the Underground Railroad; (C) the city of Cincinnati has granted exclusive development rights for a prime riverfront location to the Freedom Center; (D) the Freedom Center will be a national center linked through state-of-the-art technology to Underground Railroad sites and facilities throughout the United States and to a constituency that reaches across the United States, Canada, Mexico, the Caribbean and beyond; and (E) the Freedom Center has reached an agreement with the National Park Service to pursue a range of historical and educational cooperative activities related to the Underground Railroad, including but not limited to assisting the National Park Service in the implementation of the National Underground Railroad Network to Freedom Act [see 54 U.S.C. 308301 (2)  Purposes The purposes of this section are (A) to promote preservation and public awareness of the history of the Underground Railroad; (B) to assist the Freedom Center in the development of its programs and facilities in Cincinnati, Ohio; and (C) to assist the National Park Service in the implementation of the National Underground Railroad Network to Freedom Act ( 112 Stat. 679 16 U.S.C. 469 l 54 U.S.C. 308301  308304. Authorization of appropriations (a)  Amounts There is authorized to be appropriated to carry out this chapter $2,500,000 for each fiscal year, of which (1) $2,000,000 shall be used to carry out section 308302 of this title (2) $500,000 shall be used to carry out section 308303 of this title (b)  Limitation No amount may be appropriated for the purposes of this chapter except to the Secretary for carrying out the responsibilities of the Secretary as set forth in this chapter. ( Pub. L. 113287,  3 Dec. 19, 2014 128 Stat. 3235        Historical and Revision Notes  Revised Section Source (U.S. Code) Source (Statutes at Large)  308304 16 U.S.C. 469 l Pub. L. 105203,  5 Pub. L. 110229, title III May 8, 2008 122 Stat. 801 CHAPTER 3084 AFRICAN AMERICAN CIVIL RIGHTS NETWORK    Sec.  308401. Definition of network.  308402. African American Civil Rights Network.  308403. Cooperative agreements and memoranda of understanding.  308404. Sunset.  Editorial Notes Amendments 2019 Pub. L. 1169, title II,  2407(a) Mar. 12, 2019 133 Stat. 750  308401. Definition of network 1 1  In this chapter, the term Network means the African American Civil Rights Network established under section 308402(a). (Added Pub. L. 115104,  3(a) Jan. 8, 2018 131 Stat. 2260  Statutory Notes and Related Subsidiaries Purposes Pub. L. 115104,  2 Jan. 8, 2018 131 Stat. 2260  The purposes of this Act [enacting this chapter] are (1) to recognize (A) the importance of the African American civil rights movement; and (B) the sacrifices made by the people who fought against discrimination and segregation; and (2) to authorize the National Park Service to coordinate and facilitate Federal and non-Federal activities to commemorate, honor, and interpret (A) the history of the African American civil rights movement; (B) the significance of the civil rights movement as a crucial element in the evolution of the Civil Rights Act of 1964 ( 42 U.S.C. 2000a (C) the relevance of the African American civil rights movement in fostering the spirit of social justice and national reconciliation.  308402. African American Civil Rights Network (a)  In General The Secretary shall establish, within the Service, a program to be known as the African American Civil Rights Network. (b)  Duties of Secretary In carrying out the Network, the Secretary shall (1) review studies and reports to complement and not duplicate studies of the historical importance of the African American civil rights movement that may be underway or completed, such as the Civil Rights Framework Study; (2) produce and disseminate appropriate educational materials relating to the African American civil rights movement, such as handbooks, maps, interpretive guides, or electronic information; (3) enter into appropriate cooperative agreements and memoranda of understanding to provide technical assistance under subsection (c); and (4) (A) create and adopt an official, uniform symbol or device for the Network; and (B) issue regulations for the use of the symbol or device adopted under subparagraph (A). (c)  Elements The Network shall encompass the following elements: (1) All units and programs of the Service that are determined by the Secretary to relate to the African American civil rights movement during the period from 1939 through 1968. (2) With the consent of the property owner, other Federal, State, local, and privately owned properties that (A) relate to the African American civil rights movement; (B) have a verifiable connection to the African American civil rights movement; and (C) are included in, or determined by the Secretary to be eligible for inclusion in, the National Register of Historic Places. (3) Other governmental and nongovernmental facilities and programs of an educational, research, or interpretive nature that are directly related to the African American civil rights movement. (Added Pub. L. 115104,  3(a) Jan. 8, 2018 131 Stat. 2261 Pub. L. 1169, title II,  2407(a) Mar. 12, 2019 133 Stat. 750  Editorial Notes Amendments 2019 Pub. L. 1169 Statutory Notes and Related Subsidiaries References Pub. L. 1169, title II,  2407(c) Mar. 12, 2019 133 Stat. 750 Any reference in any law (other than in this section [amending this section and analyses preceding section 100101 and preceding section 308401 of this title  308403. Cooperative agreements and memoranda of understanding  To achieve the purposes of this chapter and to ensure effective coordination of the Federal and non-Federal elements of the Network described in section 308402(c) with System units and programs of the Service, the Secretary may enter into cooperative agreements and memoranda of understanding with, and provide technical assistance to the heads of other Federal agencies, States, units of local government, regional governmental bodies, and private entities. (Added Pub. L. 115104,  3(a) Jan. 8, 2018 131 Stat. 2261  308404. Sunset  This program shall expire on the date that is 7 years after the date of enactment of this chapter. (Added Pub. L. 115104,  3(a) Jan. 8, 2018 131 Stat. 2261  Editorial Notes  References in Text The date of enactment of this chapter, referred to in text, is the date of enactment of Pub. L. 115104 Jan. 8, 2018 CHAPTER 3085 NATIONAL WOMENS RIGHTS HISTORY PROJECT    Sec.  308501. National womens rights history project national registry.  308502. National womens rights history project partnerships network.  308501. National womens rights history project national registry (a)  In General The Secretary may make annual grants to State historic preservation offices for not more than 5 years to assist the State historic preservation offices in surveying, evaluating, and nominating to the National Register of Historic Places womens rights history properties. (b)  Eligibility In making grants under subsection (a), the Secretary shall give priority to grants relating to properties associated with the multiple facets of the womens rights movement, such as politics, economics, education, religion, and social and family rights. (c)  Updates The Secretary shall ensure that the National Register travel itinerary website entitled Places Where Women Made History is updated to contain (1) the results of the inventory conducted under subsection (a); and (2) any links to websites related to places on the inventory. (d)  Cost-Sharing Requirement The Federal share of the cost of any activity carried out using any assistance made available under this section shall be 50 percent. (e)  Authorization of Appropriations There is authorized to be appropriated to the Secretary to carry out this section $1,000,000 for each of fiscal years 2012 and 2013. ( Pub. L. 113287,  3 Dec. 19, 2014 128 Stat. 3236        Historical and Revision Notes  Revised Section Source (U.S. Code) Source (Statutes at Large)  308501 16 U.S.C. 469m(b) Pub. L. 11111, title VII Mar. 30, 2009 123 Stat. 1200 In subsection (e), reference to fiscal years 2009 to 2011 is omitted as obsolete.  308502. National womens rights history project partnerships network (a)  Grants The Secretary may make matching grants and give technical assistance for development of a network of governmental and nongovernmental entities (referred to in this section as the network), the purpose of which is to provide interpretive and educational program development of national womens rights history, including historic preservation. (b)  Management of Network. (1)  In general Through a competitive process, the Secretary shall designate a nongovernmental managing entity to manage the network. (2)  Coordination The nongovernmental managing entity designated under paragraph (1) shall work in partnership with the Director and State historic preservation offices to coordinate operation of the network. (c)  Cost-Sharing Requirement. (1)  In general The Federal share of the cost of any activity carried out using any assistance made available under this section shall be 50 percent. (2)  State historic preservation offices Matching grants for historic preservation specific to the network may be made available through State historic preservation offices. (d)  Authorization of Appropriations There is authorized to be appropriated to the Secretary to carry out this section $1,000,000 for each of fiscal years 2012 and 2013. ( Pub. L. 113287,  3 Dec. 19, 2014 128 Stat. 3236        Historical and Revision Notes  Revised Section Source (U.S. Code) Source (Statutes at Large)  308502 16 U.S.C. 469m(c) Pub. L. 11111, title VII Mar. 30, 2009 123 Stat. 1200 In subsection (b)(1), the words nongovernmental managing entity are substituted for nongovernmental managing network for consistency. In subsection (d), reference to fiscal years 2009 to 2011 is omitted as obsolete. CHAPTER 3086 UNITED STATES AFRICAN-AMERICAN BURIAL GROUNDS PRESERVATION PROGRAM    Sec.  308601. Definitions.  308602. United States African-American Burial Grounds Preservation Program.  308603. Authority to make grants.  308604. Cooperative agreements and memoranda of understanding.  308605. Private property protection.  308601. Definitions In this chapter: (1)  Burial ground The term burial ground means any natural or prepared physical location, whether originally below, on, or above the surface of the earth, into which human remains are deposited as a part of the death rite or ceremony of a culture. (2)  Historic The term historic, with respect to a property, means a property that can reasonably be considered to date back at least 50 years. (3)  Program The term Program means the United States African-American Burial Grounds Preservation Program established under section 308602(a). (Added Pub. L. 117328, div. DD, title VI,  643(a) Dec. 29, 2022 136 Stat. 5613  308602. United States African-American Burial Grounds Preservation Program (a)  In General The Secretary shall establish within the Service, in accordance with this chapter, a program to be known as the United States African-American Burial Grounds Preservation Program. (b)  Duties of Secretary In carrying out the Program, the Secretary, in consultation with the National Trust for Historic Preservation and members of the African-American heritage community, shall develop a program for the provision of grants in accordance with section 308603(a). (c)  Donations The Secretary may accept monetary donations to further the purposes of this chapter. (d)  Consent of Private Property Owner Required Burial grounds shall only be considered for a grant under the Program (1) with the consent of the property owner; and (2) at the request of an individual, landowner, private or nonprofit organization, State, Tribal, or local government, or other entity. (Added Pub. L. 117328, div. DD, title VI,  643(a) Dec. 29, 2022 136 Stat. 5613  308603. Authority to make grants (a)  In General The Secretary may make grants to other Federal agencies, State, local, and Tribal governments, other public entities, educational institutions, historic preservation groups, and private nonprofit organizations in accordance with this chapter for (1) the identification of historic African-American burial grounds that may qualify for the Program; (2) the preservation and restoration of African-American burial grounds; (3) the interpretation of African-American burial grounds; and (4) related research and documentation for historic African-American burial grounds. (b)  Funding. (1)  In general There is authorized to be appropriated to the Secretary to carry out this section $3,000,000 for each of fiscal years 2023 through 2027. (2)  Availability Any amounts made available for a fiscal year under paragraph (1) that are not used during that fiscal year shall be available for use under this section during any subsequent fiscal year. (Added Pub. L. 117328, div. DD, title VI,  643(a) Dec. 29, 2022 136 Stat. 5613  308604. Cooperative agreements and memoranda of understanding The Secretary may enter into cooperative agreements and memoranda of understanding with, and provide technical assistance to, the heads of other Federal agencies, States, units of local government, Tribal governments, regional governmental bodies, nonprofit organizations, educational institutions, and private entities (1) to achieve the purposes of this chapter; and (2) to ensure effective coordination of the Federal elements and non-Federal elements provided a grant or other assistance under the Program with System units and programs of the Service. (Added Pub. L. 117328, div. DD, title VI,  643(a) Dec. 29, 2022 136 Stat. 5614  308605. Private property protection Nothing in this chapter (1) authorizes the Secretary to require or affect the management or use of private property without the written consent of the owner of the private property; (2) prohibits the Secretary from providing land management guidance or requirements relating to private property as a condition of a grant provided to the owner of the private property under this chapter; or (3) shall be construed as creating any new regulatory burden on any Federal, State, Tribal, or private entity. (Added Pub. L. 117328, div. DD, title VI,  643(a) Dec. 29, 2022 136 Stat. 5614 CHAPTER 3087 NATIONAL MARITIME HERITAGE    Sec.  308701. Policy.  308702. Definitions.  308703. National Maritime Heritage Grants Program.  308704. Funding.  308705. Designation of Americas National Maritime Museum.  308706. Regulations.  308707. Applicability of other authorities.  308701. Policy It shall be the policy of the Federal Government, in partnership with the States and local governments and private organizations and individuals, to (1) use measures, including financial and technical assistance, to foster conditions under which our modern society and our historic maritime resources can exist in productive harmony; (2) provide leadership in the preservation of the historic maritime resources of the United States; (3) contribute to the preservation of historic maritime resources and give maximum encouragement to organizations and individuals undertaking preservation by private means; and (4) assist State and local governments to expand their maritime historic preservation programs and activities. ( Pub. L. 113287,  3 Dec. 19, 2014 128 Stat. 3237        Historical and Revision Notes  Revised Section Source (U.S. Code) Source (Statutes at Large)  308701 16 U.S.C. 5402 Pub. L. 103451,  3 Nov. 2, 1994 108 Stat. 4770  308702. Definitions In this chapter: (1)  National trust The term National Trust means the National Trust for Historic Preservation in the United States established under section 312102 of this title (2)  Private nonprofit organization The term private nonprofit organization means any person that is exempt from taxation under section 501(a) of the Internal Revenue Code of 1986 ( 26 U.S.C. 501(a) 26 U.S.C. 501(c)(3) (3)  Program The term Program means the National Maritime Heritage Grants Program established under section 308703(a) of this title (4)  State historic preservation officer The term State Historic Preservation Officer means a State Historic Preservation Officer appointed pursuant to section 302301(1) of this title ( Pub. L. 113287,  3 Dec. 19, 2014 128 Stat. 3237        Historical and Revision Notes  Revised Section Source (U.S. Code) Source (Statutes at Large)  308702 16 U.S.C. 5406 Pub. L. 103451,  7 Nov. 2, 1994 108 Stat. 4777 The definition of Committee is omitted as obsolete.  308703. National Maritime Heritage Grants Program (a)  Establishment There is established in the Department of the Interior the National Maritime Heritage Grants Program, to foster in the American public a greater awareness and appreciation of the role of maritime endeavors in our Nations history and culture. The Program shall consist of (1) annual grants to the National Trust for subgrants administered by the National Trust for maritime heritage education projects under subsection (b); and (2) grants to State Historic Preservation Officers for maritime heritage preservation projects carried out or administered by those Officers under subsection (c). (b)  Grants for Maritime Heritage Education Projects. (1)  Grants to national trust The Secretary, subject to paragraph (2), and the availability of amounts for that purpose under section 308704(b)(1)(A) of this title (2)  Use of grants Amounts received by the National Trust as an annual grant under this subsection shall be used to make subgrants to State and local governments and private nonprofit organizations to carry out education projects that have been approved by the Secretary under subsection (f) and that consist of (A) assistance to any maritime museum or historical society for (i) existing and new educational programs, exhibits, educational activities, conservation, and interpretation of artifacts and collections; (ii) minor improvements to educational and museum facilities; and (iii) other similar activities; (B) activities designed to encourage the preservation of traditional maritime skills, including (i) building and operation of vessels of all sizes and types for educational purposes; (ii) special skills such as wood carving, sail making, and rigging; (iii) traditional maritime art forms; and (iv) sail training; (C) other educational activities relating to historic maritime resources, including (i) maritime  educational  waterborne-experience programs in historic vessels or vessel reproductions; (ii) maritime archeological field schools; and (iii) educational programs on other aspects of maritime history; (D) heritage programs focusing on maritime historic resources, including maritime heritage trails and corridors; or (E) the construction and use of reproductions of historic maritime resources for educational purposes, if a historic maritime resource no longer exists or would be damaged or consumed through direct use. (c)  Grants for Maritime Heritage Preservation Projects. (1)  Grants to state historic preservation officers The Secretary, acting through the National Maritime Initiative of the Service and subject to paragraph (2), and the availability of amounts for that purpose under section 308704(b)(1)(A) of this title (2)  Use of grants Amounts received by a State Historic Preservation Officer as a grant under this subsection shall be used by the Officer to carry out, or to make subgrants to local governments and private nonprofit organizations to carry out, projects that have been approved by the Secretary under subsection (f) for the preservation of historic maritime resources through (A) identification of historic maritime resources, including underwater archeological sites; (B) acquisition of historic maritime resources for the purposes of preservation; (C) repair, restoration, stabilization, maintenance, or other capital improvements to historic maritime resources, in accordance with standards prescribed by the Secretary; and (D) research, recording (through drawings, photographs, or otherwise), planning (through feasibility studies, architectural and engineering services, or otherwise), and other services carried out as part of a preservation program for historic maritime resources. (d)  Criteria for Direct Grant and Subgrant Eligibility To qualify for a subgrant from the National Trust under subsection (b), or a direct grant to or a subgrant from a State Historic Preservation Officer under subsection (c), a person shall (1) demonstrate that the project for which the direct grant or subgrant will be used has the potential for reaching a broad audience with an effective educational program based on American maritime history, technology, or the role of maritime endeavors in American culture; (2) match the amount of the direct grant or subgrant, on a 1-to-1 basis, with non-Federal assets from non-Federal sources, which may include cash or donated services fairly valued as determined by the Secretary; (3) maintain records as may be reasonably necessary to fully disclose (A) the amount and the disposition of the proceeds of the direct grant or subgrant; (B) the total cost of the project for which the direct grant or subgrant is made; and (C) other records as may be required by the Secretary, including such records as will facilitate an effective accounting for project funds; (4) provide access to the Secretary for the purposes of any required audit and examination of any records of the person; and (5) be a unit of State or local government, or a private nonprofit organization. (e)  Procedures, Terms, and Conditions. (1)  Application procedures An application for a subgrant under subsection (b), or a direct grant or subgrant under subsection (c), shall be submitted under procedures prescribed by the Secretary. (2)  Terms and conditions A person may not receive a subgrant under subsection (b), or a direct grant or subgrant under subsection (c), unless the person agrees to assume, after completion of the project for which the direct grant or subgrant is awarded, the total cost of the continued maintenance, repair, and administration of any property for which the subgrant will be used in a manner satisfactory to the Secretary. (f)  Allocation of, and Limitation on, Grant Funding. (1)  Allocation To the extent feasible, the Secretary shall ensure that the amount made available under subsection (b) for maritime heritage education projects is equal to the amount made available under subsection (c) for maritime heritage preservation projects. (2)  Limitation The amount provided by the Secretary in a fiscal year as grants under this section for projects relating to historic maritime resources owned or operated by the Federal Government shall not exceed 40 percent of the total amount available for the fiscal year for grants under this section. (g)  Publication of Direct Grant and Subgrant Information The Secretary shall publish annually in the Federal Register and otherwise as the Secretary considers appropriate (1) a solicitation of applications for direct grants and subgrants under this section; (2) a list of priorities for the making of those direct grants and subgrants; (3) a single deadline for the submission of applications for those direct grants and subgrants; and (4) other relevant information. (h)  Direct Grant and Subgrant Administration. (1)  Responsibility. (A)  National trust The National Trust is responsible for administering subgrants for maritime heritage education projects under subsection (b). (B)  Secretary The Secretary is responsible for administering direct grants for maritime heritage preservation projects under subsection (c). (C)  State historic preservation officers State Historic Preservation Officers are responsible for administering subgrants for maritime heritage preservation projects under subsection (c). (2)  Actions The appropriate responsible party under paragraph (1) shall administer direct grants or subgrants by (A) publicizing the Program to prospective grantees, subgrantees, and the public at large, in cooperation with the Service, the Maritime Administration, and other appropriate government agencies and private institutions; (B) answering inquiries from the public, including providing information on the Program as requested; (C) distributing direct grant and subgrant applications; (D) receiving direct grant and subgrant applications and ensuring their completeness; (E) keeping records of all direct grant and subgrant awards and expenditures of funds; (F) monitoring progress of projects carried out with direct grants and subgrants; and (G) providing to the Secretary such progress reports as may be required by the Secretary. (i)  Assistance of Maritime Preservation Organizations The Secretary, the National Trust, and the State Historic Preservation Officers may, individually or jointly, enter into cooperative agreements with any private nonprofit organization with appropriate expertise in maritime preservation issues, or other qualified maritime preservation organizations, to assist in the administration of the Program. (j)  Report to Congress The Secretary shall submit to the Committee on Commerce, Science, and Transportation of the Senate, the Committee on Energy and Natural Resources of the Senate, the Committee on Natural Resources of the House of Representatives, the Committee on Armed Services of the House of Representatives, and the Committee on Transportation and Infrastructure of the House of Representatives an annual report on the Program, including (1) the total number of grant applications submitted and approved under the Program in the period covered by the report; (2) a detailed description of each project funded under the Program in the period covered by the report; (3) the results or accomplishments of each such project; and (4) recommended priorities for achieving the policy set forth in section 308701 of this title ( Pub. L. 113287,  3 Dec. 19, 2014 128 Stat. 3238 Pub. L. 114328, div. C, title XXXV,  3507(b) Dec. 23, 2016 130 Stat. 2778        Historical and Revision Notes  Revised Section Source (U.S. Code) Source (Statutes at Large)  308703 16 U.S.C. 5403 Pub. L. 103451,  4 Nov. 2, 1994 108 Stat. 4770 The text of 16 U.S.C. 5403(j) In subsection (a), the text of 16 U.S.C. 5403(a)(3) In subsections (b)(1) and (c)(1), the references are to paragraph (2) to correct errors in the source provisions. In subsection (d)(4), the word records is substituted for books, documents, papers, and records to eliminate unnecessary words. In subsection (f), the text of 16 U.S.C. 5403(f)(1) In subsection (g), the text of 16 U.S.C. 5403(g)(2) In subsection (h)(2), the text of 16 U.S.C. 5403(h)(5) Editorial Notes Amendments 2016Subsec. (c)(1). Pub. L. 114328,  3507(b) Subsec. (j). Pub. L. 114328,  3507(c)(1) Subsec. (j)(1). Pub. L. 114328,  3507(c)(3) Subsec. (j)(2). Pub. L. 114328,  3507(c)(2) Subsec. (j)(3), (4). Pub. L. 114328,  3507(c)(2)  308704. Funding (a)  Availability of Funds From Sale and Scrapping of Obsolete Vessels. (1)  In general Notwithstanding any other provision of law, the amount of funds credited in a fiscal year to the Vessel Operations Revolving Fund established by section 50301(a) of title 46 (A) Fifty percent shall be available to the Administrator of the Maritime Administration for such acquisition, maintenance, repair, reconditioning, or improvement of vessels in the National Defense Reserve Fleet as is authorized under other Federal law. (B) Twenty five percent shall be available to the Administrator of the Maritime Administration for the payment or reimbursement of expenses incurred by or on behalf of State maritime academies or the United States Merchant Marine Academy for facility and training ship maintenance, repair, and modernization, and for the purchase of simulators and fuel. (C) The remainder shall be available to the Secretary to carry out the Program, as provided in subsection (b). (2)  Applicability Paragraph (1) does not apply to amounts credited to the Vessel Operations Revolving Fund before July 1, 1994 (b)  Use of Amounts for Program. (1)  Allocation. (A)  In general Except as provided in subparagraph (B) and paragraph (2), of the amounts available each fiscal year for the Program under subsection (a)(1)(C) (i) 50 percent shall be used for grants under section 308703(b); and (ii) 50 percent shall be used for grants under section 308703(c). (B)  Set aside. (i)  In general Not less than 25 percent of the amounts available each fiscal year for the Program under subsection (a)(1)(C) shall be used for the preservation and presentation to the public of the maritime heritage property of the Maritime Administration. (ii)  Direct transfers The Secretary may provide amounts used for the preservation and presentation to the public of the maritime heritage property of the Maritime Administration through direct transfers to the Maritime Administration. (iii)  Waiver The Maritime Administrator may waive the application of clause (i) for any fiscal year. (2)  Administrative expenses. (A)  In general Not more than 15 percent or $500,000, whichever is less, of the amount available for the Program under subsection (a)(1)(C) for a fiscal year may be used for expenses of administering the Program. (B)  Allocation Of the amount available under subparagraph (A) for a fiscal year (i) one half shall be allocated to the National Trust for expenses incurred in administering grants under section 308703(b) of this title (ii) one half shall be allocated as appropriate by the Secretary to the Service and participating State Historic Preservation Officers. (c)  Disposal of Vessels. (1)  Requirement The Secretary of Transportation shall dispose (by sale or by purchase of disposal services) of all vessels described in paragraph (2) (A) in accordance with a priority system for disposing of vessels, as determined by the Secretary, that shall include provisions requiring the Maritime Administration to (i) dispose of all deteriorated high priority ships that are available for disposal within 12 months of their designation as available for disposal; and (ii) give priority to the disposition of those vessels that pose the most significant danger to the environment or cost the most to maintain; (B) in the manner that provides the best value to the Federal Government, except in any case in which obtaining the best value would require towing a vessel and the towing poses a serious threat to the environment; and (C) in accordance with the plan of the Department of Transportation for disposal of those vessels and requirements under sections 57102 to 57104 of title 46. (2)  Description of vessels The vessels referred to in paragraph (1) are the vessels in the National Defense Reserve Fleet after July 1, 1994 (A) are not assigned to the Ready Reserve Force component of the National Defense Reserve Fleet; and (B) are not specifically authorized or required by statute to be used for a particular purpose. (d)  Treatment of Available Amounts Amounts available under this section shall not be considered in any determination of the amounts available to the Department of the Interior. ( Pub. L. 113287,  3 Dec. 19, 2014 128 Stat. 3241 Pub. L. 114328, div. C, title XXXV,  3507(a) Dec. 23, 2016 130 Stat. 2777        Historical and Revision Notes  Revised Section Source (U.S. Code) Source (Statutes at Large)  308704 16 U.S.C. 5405 Pub. L. 103451,  6 Nov. 2, 1994 108 Stat. 4776 Pub. L. 10585, div. A, title X,  1026(c) Nov. 18, 1997 111 Stat. 1878 Pub. L. 106398,  1 [div. C, title XXXV,  3502(a)] Oct. 30, 2000 114 Stat. 1654 Pub. L. 110181, div. C, title XXXV,  3514 Jan. 28, 2008 122 Stat. 594 Pub. L. 11184, div. C, title XXXV,  3509 Oct. 28, 2009 123 Stat. 2721 Pub. L. 111383, div. A, title X,  1075(n) Jan. 7, 2011 124 Stat. 4378 The text of 16 U.S.C. 5405(b)(2) In subsection (a)(1)(C), before subparagraph (i), the words whether collected before or after October 28, 2009 Editorial Notes Amendments 2016Subsec. (a)(1)(C). Pub. L. 114328,  3507(a)(1) Subsec. (b)(1). Pub. L. 114328,  3507(a)(2) Statutory Notes and Related Subsidiaries Pilot Program on Export of Obsolete Vessels for Dismantlement and Recycling Pub. L. 107314, div. C, title XXXV,  3504(c) Dec. 2, 2002 116 Stat. 2755 Scrapping of National Defense Reserve Fleet Vessels Pub. L. 106398,  1 [div. C, title XXXV,  3502(b)(f)] Oct. 30, 2000 114 Stat. 1654 Pub. L. 109163, div. C, title XXXV,  3505(a) Jan. 6, 2006 119 Stat. 3551 Pub. L. 11281, div. C, title XXXV,  3504 Dec. 31, 2011 125 Stat. 1717 Pub. L. 112239, div. C, title XXXV,  3502 Jan. 2, 2013 126 Stat. 2222  (b)  Selection of Scrapping Facilities The Secretary of Transportation may scrap obsolete vessels pursuant to section 6(c)(1) of the National Maritime Heritage Act of 1994 ([former] 16 U.S.C. 5405(c)(1) 54 U.S.C. 308704(c)(1) (1) at least cost to the Government; (2) in a timely manner; (3) giving consideration to worker safety and the environment; and (4) in a manner that minimizes the geographic distance that a vessel must be towed when towing a vessel poses a serious threat to the environment. (c)  Comprehensive Management Plan. (1)  Requirement to develop plan The Secretary of Transportation shall prepare, publish, and submit to the Congress by not later than 180 days after the date of the enactment of this Act [probably should be this subsection, Jan. 6, 2006 (2)  Contents of plan The plan shall (A) include a strategy and implementation plan for disposal of obsolete National Defense Reserve Fleet vessels (including vessels added to the fleet after the enactment of this paragraph) in a timely manner, maximizing the use of all available disposal methods, including dismantling, use for artificial reefs, donation, and Navy training exercises; (B) identify and describe the funding and other resources necessary to implement the plan, and specific milestones for disposal of vessels under the plan; (C) establish performance measures to track progress toward achieving the goals of the program, including the expeditious disposal of ships commencing upon the date of the enactment of this paragraph; (D) develop a formal decisionmaking framework for the program; and (E) identify external factors that could impede successful implementation of the plan, and describe steps to be taken to mitigate the effects of such factors. (d)  Implementation of Management Plan. (1)  Requirement to implement Subject to the availability of appropriations, the Secretary shall implement the vessel disposal program of the Maritime Administration in accordance with (A) the management plan submitted under subsection (c); and (B) the requirements set forth in paragraph (2). (2)  Utilization of domestic sources In the procurement of services under the vessel disposal program of the Maritime Administration, the Secretary shall (A) use full and open competition; and (B) utilize domestic sources to the maximum extent practicable. (e)  Failure to Submit Plan. (1)  Private management contract for disposal of maritime administration vessels The Secretary of Transportation, subject to the availability of appropriations, shall promptly award a contract using full and open competition to expeditiously implement all aspects of disposal of obsolete National Defense Reserve Fleet vessels. (2)  Application This subsection shall apply beginning 180 days after the date of the enactment of this subsection [ Jan. 6, 2006 (f)  Briefings The Maritime Administrator shall, upon request, provide briefings to the Committee on Transportation and Infrastructure, the Committee on Natural Resources, and the Committee on Armed Services of the House of Representatives, and the Committee on Commerce, Science, and Transportation and the Committee on Armed Services of the Senate, on the progress made in recycling vessels, problems encountered with recycling vessels, issues relating to vessel recycling, and other issues relating to vessel recycling and disposal.  308705. Designation of Americas National Maritime Museum (a)  In General Americas National Maritime Museum shall be composed of the museums designated by law to be museums of Americas National Maritime Museum on the basis that the museums (1) house a collection of maritime artifacts clearly representing the Nations maritime heritage; and (2) provide outreach programs to educate the public about the Nations maritime heritage. (b)  Initial Designation The following museums (meeting the criteria specified in subsection (a)) are designated as museums of Americas National Maritime Museum: (1) The Mariners Museum, located at 100 Museum Drive, Newport News, Virginia. (2) The South Street Seaport Museum, located at 207 Front Street, New York, New York. (c)  Future Designation of Other Museums Not Precluded The designation of the museums referred to in subsection (b) as museums of Americas National Maritime Museum does not preclude the designation by law of any other museum that meets the criteria specified in subsection (a) as a museum of Americas National Maritime Museum. (d)  Reference to Museums Any reference in any law, map, regulation, document, paper, or other record of the United States to a museum designated by law to be a museum of Americas National Maritime Museum shall be deemed to be a reference to that museum as a museum of Americas National Maritime Museum. ( Pub. L. 113287,  3 Dec. 19, 2014 128 Stat. 3242        Historical and Revision Notes  Revised Section Source (U.S. Code) Source (Statutes at Large)  308705 16 U.S.C. 5409 Pub. L. 105261, div. A, title X,  1068 Oct. 17, 1998 112 Stat. 2135  308706. Regulations  The Secretary, after consultation with the National Trust, the National Conference of State Historic Preservation Officers, and appropriate members of the maritime heritage community, shall prescribe appropriate guidelines, procedures, and regulations to carry out the chapter, including direct grant and subgrant priorities, the method of solicitation and review of direct grant and subgrant proposals, criteria for review of direct grant and subgrant proposals, administrative requirements, reporting and recordkeeping requirements, and any other requirements the Secretary considers appropriate. ( Pub. L. 113287,  3 Dec. 19, 2014 128 Stat. 3243        Historical and Revision Notes  Revised Section Source (U.S. Code) Source (Statutes at Large)  308706 16 U.S.C. 5407 Pub. L. 103451,  8 Nov. 2, 1994 108 Stat. 4778 The words within 1 year after November 2, 1994  308707. Applicability of other authorities  The authorities contained in this chapter shall be in addition to, and shall not be construed to supersede or modify those contained in division A of this subtitle. ( Pub. L. 113287,  3 Dec. 19, 2014 128 Stat. 3243        Historical and Revision Notes  Revised Section Source (U.S. Code) Source (Statutes at Large)  308707 16 U.S.C. 5408 Pub. L. 103451,  9 Nov. 2, 1994 108 Stat. 4778 CHAPTER 3089 SAVE AMERICAS TREASURES PROGRAM    Sec.  308901. Definitions.  308902. Establishment.  308903. Grants.  308904. Guidelines and regulations.  308905. Authorization of appropriations.  308901. Definitions In this chapter: (1)  Collection The term collection means a collection of intellectual and cultural artifacts, including documents, sculpture, and works of art. (2)  Eligible entity The term eligible entity means a Federal entity, State, local, or tribal government, educational institution, or nonprofit organization. (3)  Historic property The term historic property has the meaning given the term in section 300308 of this title (4)  Nationally significant The term nationally significant, in reference to a collection or historic property, means a collection or historic property that meets the applicable criteria for national significance, in accordance with regulations promulgated by the Secretary pursuant to section 302103 of this title (5)  Program The term program means the Save Americas Treasures Program established under section 308902(a) of this title (6)  Secretary The term Secretary means the Secretary, acting through the Director. ( Pub. L. 113287,  3 Dec. 19, 2014 128 Stat. 3243        Historical and Revision Notes  Revised Section Source (U.S. Code) Source (Statutes at Large)  308901 16 U.S.C. 469 o Pub. L. 11111, title VII Mar. 30, 2009 123 Stat. 1216 In paragraph (4), the words in reference to a collection or historic property are added for clarity.  308902. Establishment (a)  In General There is established in the Department of the Interior the Save Americas Treasures Program. (b)  Participants In consultation and partnership with the National Endowment for the Arts, the National Endowment for the Humanities, the Institute of Museum and Library Services, the National Trust for Historic Preservation in the United States, the National Conference of State Historic Preservation Officers, the National Association of Tribal Historic Preservation Officers, and the Presidents Committee on the Arts and the Humanities, the Secretary shall use the amounts made available under section 308905 of this title ( Pub. L. 113287,  3 Dec. 19, 2014 128 Stat. 3244        Historical and Revision Notes  Revised Section Source (U.S. Code) Source (Statutes at Large)  308902 16 U.S.C. 469 o Pub. L. 11111, title VII Mar. 30, 2009 123 Stat. 1216 In subsection (a), the words The purpose of this section is to authorize within the Department of the Interior the Save Americas Treasures Program are omitted as unnecessary. The words to be carried out by the Director of the National Park Service are omitted because the definition of Secretary in section 308901 of the new title provides that the Secretary acts through the Director and because this is the only place in the chapter where the Director is mentioned. In subsection (b), the words subject to paragraph (6)(A)(ii) are omitted as unnecessary.  308903. Grants (a)  Determination of Grants Of the amounts made available for grants under section 308905 of this title (b)  Application for Grants To be considered for a grant under the program an eligible entity shall submit to the Secretary an application containing such information as the Secretary may require. (c)  Collections and Historic Property Eligible for Grants. (1)  In general A collection or historic property shall be provided a grant under the program only if the Secretary determines that the collection or historic property is (A) nationally significant; and (B) threatened or endangered. (2)  Eligible collections A determination by the Secretary regarding the national significance of a collection under paragraph (1)(A) shall be made in consultation with the organizations described in section 308902(b) of this title (3)  Eligible historic property To be eligible for a grant under the program, a historic property shall, as of the date of the grant application (A) be listed on the National Register of Historic Places at the national level of significance; or (B) be designated as a National Historic Landmark. (d)  Selection Criteria. (1)  In general The Secretary shall not provide a grant under this chapter to a project for a collection or historic property unless the project (A) eliminates or substantially mitigates the threat of destruction or deterioration of the collection or historic property; (B) has a clear public benefit; and (C) is able to be completed on schedule and within the budget described in the grant application. (2)  Preference In providing grants under this chapter, the Secretary may give preference to projects that carry out the purposes of both the program and the Preserve America Program. (3)  Limitation In providing grants under this chapter, the Secretary shall provide only one grant to each project selected for a grant. (e)  Consultation and Notification by Secretary. (1)  Consultation. (A)  In general Subject to subparagraph (B), the Secretary shall consult with the organizations described in section 308902(b) of this title (B)  Limitation If an organization described in section 308902(b) of this title section 308902(b) of this title (2)  Notification Not later than 30 days before the date on which the Secretary provides grants for a fiscal year under the program, the Secretary shall submit to the Committee on Energy and Natural Resources and Committee on Appropriations of the Senate and the Committee on Natural Resources and Committee on Appropriations of the House of Representatives a list of any eligible projects that are to be provided grants under the program for the fiscal year. (f)  Cost-Sharing Requirement. (1)  In general The non-Federal share of the cost of carrying out a project provided a grant under this chapter shall be not less than 50 percent of the total cost of the project. (2)  Form of non-federal share The non-Federal share required under paragraph (1) shall be in the form of (A) cash; or (B) donated supplies or related services, the value of which shall be determined by the Secretary. (3)  Requirement The Secretary shall ensure that each applicant for a grant has the capacity and a feasible plan for securing the non-Federal share for an eligible project required under paragraph (1) before a grant is provided to the eligible project under the program. ( Pub. L. 113287,  3 Dec. 19, 2014 128 Stat. 3244        Historical and Revision Notes  Revised Section Source (U.S. Code) Source (Statutes at Large)  308903 16 U.S.C. 469 o Pub. L. 11111, title VII Mar. 30, 2009 123 Stat. 1217 In subsections (b) and (c), the word competitive is omitted for consistency in the chapter. In subsection (e)(1)(A), the words by the Secretary are omitted as unnecessary. In subsection (e)(1)(B), the word organization is substituted for entity for consistency.  308904. Guidelines and regulations  The Secretary shall develop any guidelines and prescribe any regulations that the Secretary determines to be necessary to carry out this chapter. ( Pub. L. 113287,  3 Dec. 19, 2014 128 Stat. 3245        Historical and Revision Notes  Revised Section Source (U.S. Code) Source (Statutes at Large)  308904 16 U.S.C. 469 o Pub. L. 11111, title VII Mar. 30, 2009 123 Stat. 1218  308905. Authorization of appropriations  There is authorized to be appropriated to carry out this chapter $50,000,000 for each fiscal year, to remain available until expended. ( Pub. L. 113287,  3 Dec. 19, 2014 128 Stat. 3245        Historical and Revision Notes  Revised Section Source (U.S. Code) Source (Statutes at Large)  308905 16 U.S.C. 469 o Pub. L. 11111, title VII Mar. 30, 2009 123 Stat. 1218 CHAPTER 3091 COMMEMORATION OF FORMER PRESIDENTS    Sec.  309101. Sites and structures that commemorate former Presidents.  309101. Sites and structures that commemorate former Presidents (a)  Survey The Secretary may conduct a survey of sites that the Secretary considers exhibit qualities most appropriate for the commemoration of each former President. The survey may (1) include sites associated with the deeds, leadership, or lifework of a former President; and (2) identify sites or structures historically unrelated to a former President but that may be suitable as a memorial to honor that President. (b)  Reports The Secretary shall, from time to time, prepare and transmit to the Committee on Natural Resources of the House of Representatives and the Committee on Energy and Natural Resources of the Senate reports on individual sites and structures identified in a survey under subsection (a), together with the Secretarys recommendation as to whether the site or structure is suitable for establishment as a national historic site or national memorial to commemorate a former President. Each report shall include pertinent information with respect to the need for acquisition of land and interests in land, the development of facilities, and the operation and maintenance of the site or structure and the estimated cost of the operation and maintenance. (c)  Establishment as National Historic Site If during the 6-month period following the transmittal of a report pursuant to subsection (b) neither Committee has by vote of a majority of its members disapproved a recommendation of the Secretary that a site or structure is suitable for establishment as a national historic site, the Secretary may by appropriate order establish the site or structure as a national historic site, including the land and interests in land identified in the report accompanying the recommendation of the Secretary. (d)  Acquistion 1 1 Acquisition  of Land and Interests in Land The Secretary may acquire the land and interests in land by donation, purchase with donated or appropriated funds, transfer from any other Federal agency, or exchange. (e)  Effect of Section Nothing in this section shall be construed as diminishing the authority of the Secretary under chapter 3201 of this title or as authorizing the Secretary to establish any national memorial, creation of which is expressly reserved to Congress. ( Pub. L. 113287,  3 Dec. 19, 2014 128 Stat. 3246        Historical and Revision Notes  Revised Section Source (U.S. Code) Source (Statutes at Large)  309101 16 U.S.C. 467b(a) Pub. L. 96199, title I,  120(a) Mar. 5, 1980 94 Stat. 73 Pub. L. 103437,  6(d)(26) Nov. 2, 1994 108 Stat. 4584 In subsection (d), the words and he shall administer the site in accordance with sections 1, 2, 3, and 4 of this title, as amended and supplemented, and sections 461 to 467 of this title, as amended are omitted as unnecessary because a site established under this section is a System unit that the Secretary administers under 16 U.S.C. 1 Subdivision  Administered Jointly With National Park Service CHAPTER 3111 PRESERVE AMERICA PROGRAM    Sec.  311101. Definitions.  311102. Establishment.  311103. Designation of Preserve America Communities.  311104. Regulations.  311105. Authorization of appropriations.  311101. Definitions In this chapter: (1)  Council The term Council means the Advisory Council on Historic Preservation. (2)  Heritage tourism The term heritage tourism means the conduct of activities to attract and accommodate visitors to a site or area based on the unique or special aspects of the history, landscape (including trail systems), and culture of the site or area. (3)  Program The term program means the Preserve America Program established under section 311102(a). ( Pub. L. 113287,  3 Dec. 19, 2014 128 Stat. 3247        Historical and Revision Notes  Revised Section Source (U.S. Code) Source (Statutes at Large)  311101 16 U.S.C. 469n(b) Pub. L. 11111, title VII Mar. 30, 2009 123 Stat. 1214  311102. Establishment (a)  In General There is established in the Department of the Interior the Preserve America Program, under which the Secretary, in partnership with the Council, may provide competitive grants to States, local governments (including local governments in the process of applying for designation as Preserve America Communities under section 311103 of this title section 311103 of this title (b)  Eligible Projects. (1)  In general The following projects shall be eligible for a grant under this chapter: (A) A project for the conduct of (i) research on, and documentation of, the history of a community; and (ii) surveys of the historic resources of a community. (B) An education and interpretation project that conveys the history of a community or site. (C) A planning project (other than building rehabilitation) that advances economic development using heritage tourism and historic preservation. (D) A training project that provides opportunities for professional development in areas that would aid a community in using and promoting its historic resources. (E) A project to support heritage tourism in a Preserve America Community designated under section 311103 of this title (F) Other nonconstruction projects that identify or promote historic properties or provide for the education of the public about historic properties that are consistent with the purposes of this chapter. (2)  Limitation In providing grants under this chapter, the Secretary shall provide only one grant to each eligible project selected for a grant. (c)  Preference In providing grants under this chapter, the Secretary may give preference to projects that carry out the purposes of both the program and the Save Americas Treasures Program. (d)  Consultation and Notification. (1)  Consultation The Secretary shall consult with the Council in preparing the list of projects to be provided grants for a fiscal year under the program. (2)  Notification Not later than 30 days before the date on which the Secretary provides grants for a fiscal year under the program, the Secretary shall submit to the Committee on Energy and Natural Resources and Committee on Appropriations of the Senate and the Committee on Natural Resources and Committee on Appropriations of the House of Representatives a list of any eligible projects that are to be provided grants under the program for the fiscal year. (e)  Cost-Sharing Requirement. (1)  In general The non-Federal share of the cost of carrying out a project provided a grant under this chapter shall be not less than 50 percent of the total cost of the project. (2)  Form of non-federal share The non-Federal share required under paragraph (1) shall be in the form of (A) cash; or (B) donated supplies and related services, the value of which shall be determined by the Secretary. (3)  Requirement The Secretary shall ensure that each applicant for a grant has the capacity to secure, and a feasible plan for securing, the non-Federal share for an eligible project required under paragraph (1) before a grant is provided to the eligible project under the program. ( Pub. L. 113287,  3 Dec. 19, 2014 128 Stat. 3247        Historical and Revision Notes  Revised Section Source (U.S. Code) Source (Statutes at Large)  311102 16 U.S.C. 469n(c) Pub. L. 11111, title VII Mar. 30, 2009 123 Stat. 1214  311103. Designation of Preserve America Communities (a)  Application To be considered for designation as a Preserve America Community, a community, tribal area, or neighborhood shall submit to the Council an application containing such information as the Council may require. (b)  Criteria To be designated as a Preserve America Community under the program, a community, tribal area, or neighborhood that submits an application under subsection (a) shall, as determined by the Chairman of the Council, in consultation with the Secretary, meet criteria required by the Chairman of the Council and, in addition, consider (1) protection and celebration of the heritage of the community, tribal area, or neighborhood; (2) use of the historic assets of the community, tribal area, or neighborhood for economic development and community revitalization; and (3) encouragement of people to experience and appreciate local historic resources through education and heritage tourism programs. (c)  Local Governments Previously Certified for Historic Preservation Activities The Council shall establish an expedited process for Preserve America Community designation for local governments previously certified for historic preservation activities under section 302502 of this title (d)  Guidelines The Chairman of the Council, in consultation with the Secretary, shall establish any guidelines that are necessary to carry out this section. ( Pub. L. 113287,  3 Dec. 19, 2014 128 Stat. 3248 Pub. L. 114289, title V,  501(d) Dec. 16, 2016 130 Stat. 1490        Historical and Revision Notes  Revised Section Source (U.S. Code) Source (Statutes at Large)  311103 16 U.S.C. 469n(d) Pub. L. 11111, title VII Mar. 30, 2009 123 Stat. 1215 Editorial Notes Amendments 2016Subsec. (b). Pub. L. 114289 Subsec. (d). Pub. L. 114289  311104. Regulations  The Secretary shall develop any guidelines and issue any regulations that the Secretary determines to be necessary to carry out this chapter. ( Pub. L. 113287,  3 Dec. 19, 2014 128 Stat. 3248        Historical and Revision Notes  Revised Section Source (U.S. Code) Source (Statutes at Large)  311104 16 U.S.C. 469n(e) Pub. L. 11111, title VII Mar. 30, 2009 123 Stat. 1216  311105. Authorization of appropriations  There is authorized to be appropriated to carry out this chapter $25,000,000 for each fiscal year, to remain available until expended. ( Pub. L. 113287,  3 Dec. 19, 2014 128 Stat. 3249 Pub. L. 113291, div. B, title XXX,  3033(e) Dec. 19, 2014 128 Stat. 3777  Amendment Not Shown in Text This section was derived from section 469n(f) of Title 16 Pub. L. 113291, div. B, title XXX,  3033(e) Dec. 19, 2014 128 Stat. 3777 section 6(b) of Pub. L. 113287 section 100101 of this title section 469n(f) of Title 16 Pub. L. 113291       Historical and Revision Notes  Revised Section Source (U.S. Code) Source (Statutes at Large)  311105 16 U.S.C. 469n(f) Pub. L. 11111, title VII Mar. 30, 2009 123 Stat. 1216 Editorial Notes  References in Text The date of enactment of the First State National Historical Park Act, referred to in Amendment Not Shown in Text note above, probably means the date of enactment of section 3033 of Pub. L. 113291 Dec. 19, 2014 section 410rrr of Title 16 Subdivision  Administered by Other Than National Park Service CHAPTER 3121 NATIONAL TRUST FOR HISTORIC PRESERVATION IN THE UNITED STATES    Sec.  312101. Definitions.  312102. Establishment and purposes.  312103. Principal office.  312104. Board of trustees.  312105. Powers.  312106. Consultation with National Park System Advisory Board.  312101. Definitions In this chapter: (1)  Board The term Board means the board of trustees of the National Trust. (2)  National trust The term National Trust means the National Trust for Historic Preservation in the United States established under section 312102 of this title ( Pub. L. 113287,  3 Dec. 19, 2014 128 Stat. 3249        Historical and Revision Notes  Revised Section Source (U.S. Code) Source (Statutes at Large)  312101 no source.  312102. Establishment and purposes (a)  Establishment To further the policy enunciated in chapter 3201 of this title, and to facilitate public participation in the preservation of sites, buildings, and objects of national significance or interest, there is established a charitable, educational, and nonprofit corporation to be known as the National Trust for Historic Preservation in the United States. (b)  Purposes The purposes of the National Trust shall be to (1) receive donations of sites, buildings, and objects significant in American history and culture; (2) preserve and administer the sites, buildings, and objects for public benefit; (3) accept, hold, and administer gifts of money, securities, or other property of any character for the purpose of carrying out the preservation program; and (4) execute other functions vested in the National Trust by this chapter. ( Pub. L. 113287,  3 Dec. 19, 2014 128 Stat. 3249        Historical and Revision Notes  Revised Section Source (U.S. Code) Source (Statutes at Large)  312102 16 U.S.C. 468 Oct. 26, 1949, ch. 735,  1 63 Stat. 927  312103. Principal office  The National Trust shall have its principal office in the District of Columbia and shall be deemed, for purposes of venue in civil actions, to be a resident of the District of Columbia. The National Trust may establish offices in other places as it may consider necessary or appropriate in the conduct of its business. ( Pub. L. 113287,  3 Dec. 19, 2014 128 Stat. 3249        Historical and Revision Notes  Revised Section Source (U.S. Code) Source (Statutes at Large)  312103 16 U.S.C. 468a Oct. 26, 1949, ch. 735,  2 63 Stat. 927 The words inhabitant and are omitted as unnecessary.  312104. Board of trustees (a)  Membership The affairs of the National Trust shall be under the general direction of a board of trustees composed as follows: (1) The Attorney General, the Secretary, and the Director of the National Gallery of Art, ex officio. (2) Not fewer than 6 general trustees who shall be citizens of the United States. (b)  Designation of Another Officer The Attorney General and the Secretary, when it appears desirable in the interest of the conduct of the business of the Board and to such extent as they consider it advisable, may, by written notice to the National Trust, designate any officer of their respective departments to act for them in the discharge of their duties as a member of the Board. (c)  General Trustees. (1)  Number and selection The number of general trustees shall be fixed by the Board and shall be chosen by the members of the National Trust from its members at any regular meeting of the National Trust. (2)  Term of office The respective terms of office of the general trustees shall be as prescribed by the Board but in no case shall exceed a period of 5 years from the date of election. (3)  Successor A successor to a general trustee shall be chosen in the same manner and shall have a term expiring 5 years from the date of the expiration of the term for which the predecessor was chosen, except that a successor chosen to fill a vacancy occurring prior to the expiration of a term shall be chosen only for the remainder of that term. (d)  Chairman The chairman of the Board shall be elected by a majority vote of the members of the Board. (e)  Compensation and Reimbursement No compensation shall be paid to the members of the Board for their services as such members, but they shall be reimbursed for travel and actual expenses necessarily incurred by them in attending board meetings and performing other official duties on behalf of the National Trust at the direction of the Board. ( Pub. L. 113287,  3 Dec. 19, 2014 128 Stat. 3249        Historical and Revision Notes  Revised Section Source (U.S. Code) Source (Statutes at Large)  312104 16 U.S.C. 468b Oct. 26, 1949, ch. 735,  3 63 Stat. 928 July 28, 1953, ch. 255 67 Stat. 228  312105. Powers (a)  In General To the extent necessary to enable it to carry out the functions vested in it by this chapter, the National Trust has the general powers described in this section. (b)  Succession The National Trust has succession until dissolved by Act of Congress, in which event title to the property of the National Trust, both real and personal, shall, insofar as consistent with existing contractual obligations and subject to all other legally enforceable claims or demands by or against the National Trust, pass to and become vested in the United States. (c)  Sue and Be Sued The National Trust may sue and be sued in its corporate name. (d)  Corporate Seal The National Trust may adopt, alter, and use a corporate seal that shall be judicially noticed. (e)  Constitution, Bylaws, and Regulations The National Trust may adopt a constitution and prescribe such bylaws and regulations, not inconsistent with the laws of the United States or of any State, as it considers necessary for the administration of its functions under this chapter, including among other matters, bylaws and regulations governing visitation to historic properties, administration of corporate funds, and the organization and procedure of the Board. (f)  Personal Property The National Trust may accept, hold, and administer gifts and bequests of money, securities, or other personal property of any character, absolutely or in trust, for the purposes for which the National Trust is created. Unless otherwise restricted by the terms of a gift or bequest, the National Trust may sell, exchange, or otherwise dispose of, and invest or reinvest in investments as it may determine from time to time, the moneys, securities, or other property given or bequeathed to it. The principal of corporate funds and the income from those funds and all other revenues received by the National Trust from any source shall be placed in such depositories as the National Trust shall determine and shall be subject to expenditure by the National Trust for its corporate purposes. (g)  Real Property The National Trust may acquire by gift, devise, purchase, or otherwise, absolutely or in trust, and hold and, unless otherwise restricted by the terms of the gift or devise, encumber, convey, or otherwise dispose of, any real property, or any estate or interest in real property (except property within the exterior boundaries of a System unit), as may be necessary and proper in carrying into effect the purposes of the National Trust. (h)  Contracts and Cooperative Agreements Respecting Protection, Preservation, Maintenance, or Operation The National Trust may contract and make cooperative agreements with Federal, State, or local agencies, corporations, associations, or individuals, under terms and conditions that the National Trust considers advisable, respecting the protection, preservation, maintenance, or operation of any historic site, building, object, or property used in connection with the site, building, object, or property for public use, regardless of whether the National Trust has acquired title to the property, or any interest in the property. (i)  Enter Into Contracts and Execute Instruments The National Trust may enter into contracts generally and execute all instruments necessary or appropriate to carry out its corporate purposes, including concession contracts, leases, or permits for the use of land, buildings, or other property considered desirable either to accommodate the public or to facilitate administration. (j)  Officers, Agents, and Employees The National Trust may appoint and prescribe the duties of officers, agents, and employees as may be necessary to carry out its functions, and fix and pay compensation to them for their services as the National Trust may determine. (k)  Lawful Acts The National Trust may generally do any and all lawful acts necessary or appropriate to carry out the purposes for which the National Trust is created. ( Pub. L. 113287,  3 Dec. 19, 2014 128 Stat. 3250        Historical and Revision Notes  Revised Section Source (U.S. Code) Source (Statutes at Large)  312105 16 U.S.C. 468c Oct. 26, 1949, ch. 735,  4 63 Stat. 928 In subsection (h), the words local agencies are substituted for municipal departments or agencies for consistency in the revised title and with other titles of the United States Code.  312106. Consultation with National Park System Advisory Board  In carrying out its functions under this chapter, the National Trust may consult with the National Park System Advisory Board on matters relating to the selection of sites, buildings, and objects to be preserved and protected pursuant to this chapter. ( Pub. L. 113287,  3 Dec. 19, 2014 128 Stat. 3251        Historical and Revision Notes  Revised Section Source (U.S. Code) Source (Statutes at Large)  312106 16 U.S.C. 468d Oct. 26, 1949, ch. 735,  5 63 Stat. 929 The words National Park System Advisory Board are substituted for Advisory Board on National Parks, Historic Sites, Buildings, and Museums because the Board was renamed when section 3 of the Act of August 21, 1935 49 Stat. 667 section 9 of Public Law 91383 section 2 of Public Law 94458 90 Stat. 1940 CHAPTER 3123 COMMISSION FOR THE PRESERVATION OF AMERICAS HERITAGE ABROAD    Sec.  312301. Definition.  312302. Declaration of national interest.  312303. Establishment.  312304. Duties and powers; administrative support.  312305. Reports.  312301. Definition  In this chapter, the term Commission means the Commission for the Preservation of Americas Heritage Abroad established under section 312303 of this title ( Pub. L. 113287,  3 Dec. 19, 2014 128 Stat. 3252        Historical and Revision Notes  Revised Section Source (U.S. Code) Source (Statutes at Large)  312301 no source.  312302. Declaration of national interest  Because the fabric of a society is strengthened by visible reminders of the historical roots of the society, it is in the national interest to encourage the preservation and protection of the cemeteries, monuments, and historic buildings associated with the foreign heritage of United States citizens. ( Pub. L. 113287,  3 Dec. 19, 2014 128 Stat. 3252        Historical and Revision Notes  Revised Section Source (U.S. Code) Source (Statutes at Large)  312302 16 U.S.C. 469j(a) Pub. L. 9983, title XIII,  1303(a) Aug. 8, 1985 99 Stat. 280  312303. Establishment (a)  Establishment There is established a commission to be known as the Commission for the Preservation of Americas Heritage Abroad. (b)  Membership The Commission shall consist of 21 members appointed by the President, 7 of whom shall be appointed after consultation with the Speaker of the House of Representatives and 7 of whom shall be appointed after consultation with the President pro tempore of the Senate. (c)  Term. (1)  In general Except as provided in paragraph (2), a member of the Commission shall be appointed for a term of 3 years. (2)  Vacancy A member appointed to fill a vacancy on the Commission shall serve for the remainder of the term for which the members predecessor was appointed. (3)  Member until successor appointed A member may retain membership on the Commission until the members successor has been appointed. (d)  Chairman The President shall designate the Chairman of the Commission from among its members. (e)  Meetings The Commission shall meet at least once every 6 months. (f)  Compensation and Expenses. (1)  Compensation Members of the Commission shall receive no pay on account of their service on the Commission. (2)  Expenses While away from their homes or regular places of business in the performance of services for the Commission, members of the Commission shall be allowed travel expenses, including per diem in lieu of subsistence, in the same manner as individuals employed intermittently in the Government service are allowed expenses under section 5703 of title 5 ( Pub. L. 113287,  3 Dec. 19, 2014 128 Stat. 3252        Historical and Revision Notes  Revised Section Source (U.S. Code) Source (Statutes at Large)  312303(a) 16 U.S.C. 469j(b) Pub. L. 9983, title XIII,  1303(b) Aug. 8, 1985 99 Stat. 280 312303(b) through (f) 16 U.S.C. 469j(d) In subsection (c), the text of 16 U.S.C. 469j(d)(2)(B)  312304. Duties and powers; administrative support (a)  Duties The Commission shall (1) identify and publish a list of cemeteries, monuments, and historic buildings located abroad that are associated with the foreign heritage of United States citizens from eastern and central Europe, particularly cemeteries, monuments, and buildings that are in danger of deterioration or destruction; (2) encourage the preservation and protection of those cemeteries, monuments, and historic buildings by obtaining, in cooperation with the Secretary of State, assurances from foreign governments that the cemeteries, monuments, and buildings will be preserved and protected; and (3) prepare and disseminate reports on the condition of, and the progress toward preserving and protecting, those cemeteries, monuments, and historic buildings. (b)  Powers. (1)  Hold hearings, request attendance, take testimony, and receive evidence The Commission or any member it authorizes may, for the purposes of carrying out this chapter, hold such hearings, sit and act at such times and places, request such attendance, take such testimony, and receive such evidence, as the Commission considers appropriate. (2)  Appoint personnel and fix pay The Commission may appoint such personnel (subject to the provisions of title 5 governing appointments in the competitive service) and may fix the pay of such personnel (subject to the provisions of chapter 51 and subchapter III of chapter 53 of title 5), as the Commission considers desirable. (3)  Procure temporary and intermittent services The Commission may procure temporary and intermittent services to the same extent as is authorized by section 3109(b) of title 5 section 5376 of title 5 (4)  Detail personnel to commisison 1 1 commission On request of the Commission, the head of any Federal department or agency, including the Secretary of State, may detail, on a reimbursable basis, any of the personnel of that department or agency to the Commission to assist it in carrying out its duties under this chapter. (5)  Secure information The Commission may secure directly from any department or agency of the United States, including the Department of State, any information necessary to enable it to carry out this chapter. On the request of the Chairman of the Commission, the head of the department or agency shall furnish the information to the Commission. (6)  Gifts or donations The Commission may accept, use, and dispose of gifts or donations of money or property. (7)  Use of mails The Commission may use the United States mails in the same manner and on the same conditions as other departments and agencies of the United States. (c)  Administrative Support The Administrator of General Services shall provide to the Commission on a reimbursable basis administrative support services as the Commission may request. ( Pub. L. 113287,  3 Dec. 19, 2014 128 Stat. 3252        Historical and Revision Notes  Revised Section Source (U.S. Code) Source (Statutes at Large)  312304(a) 16 U.S.C. 469j(c) Pub. L. 9983, title XIII,  1303(c) Aug. 8, 1985 99 Stat. 280 312304(b) 16 U.S.C. 469j(g) In subsection (a)(2), the word Secretary is substituted for Department because of 22 U.S.C. 2651 In subsection (b)(3), the words under section 5376 of title 5 5 U.S.C. 5332(a) Public Law 101509 5 U.S.C. 5376  312305. Reports As soon as practicable after the end of each fiscal year, the Commission shall transmit to the President a report that includes (1) a detailed statement of the activities and accomplishments of the Commission during the fiscal year; and (2) any recommendations of the Commission for legislation and administrative actions. ( Pub. L. 113287,  3 Dec. 19, 2014 128 Stat. 3253        Historical and Revision Notes  Revised Section Source (U.S. Code) Source (Statutes at Large)  312305 16 U.S.C. 469j(h) Pub. L. 9983, title XIII,  1303(h) Aug. 8, 1985 99 Stat. 282 The words and to each House of Congress are omitted pursuant to section 3003 of the Federal Reports Elimination and Sunset Act of 1995 ( 31 U.S.C. 1113 CHAPTER 3125 PRESERVATION OF HISTORICAL AND ARCHEOLOGICAL DATA    Sec.  312501. Definition.  312502. Threat of irreparable loss or destruction of significant scientific, prehistorical, historical, or archeological data by Federal construction projects.  312503. Survey and recovery by Secretary.  312504. Progress reports by Secretary on surveys and work undertaken as result of surveys.  312505. Notice of dam construction.  312506. Administration.  312507. Assistance to Secretary by Federal agencies responsible for construction projects.  312508. Costs for identification, surveys, evaluation, and data recovery with respect to historic property.  312501. Definition  In this chapter, the term State includes a State, the District of Columbia, Puerto Rico, Guam, American Samoa, the Virgin Islands, and the Northern Mariana Islands. ( Pub. L. 113287,  3 Dec. 19, 2014 128 Stat. 3254        Historical and Revision Notes  Revised Section Source (U.S. Code) Source (Statutes at Large)  312501 16 U.S.C. 469c1 Pub. L. 86523,  8 Pub. L. 96205, title VI,  608(b)(2) Mar. 12, 1980 94 Stat. 92 The words the Trust Territory of the Pacific Islands are omitted as obsolete. See note at 48 U.S.C. prec. 1681. For continued application of certain laws of the United States in certain cases, see the Covenant to Establish a Commonwealth of the Northern Mariana Islands in Political Union with the United States of America ( 48 U.S.C. 1801 48 U.S.C. 1901 48 U.S.C. 1931  312502. Threat of irreparable loss or destruction of significant scientific, prehistorical, historical, or archeological data by Federal construction projects (a)  Activity of Federal Agency. (1)  Notification of secretary When any Federal agency finds, or is notified, in writing, by an appropriate historical or archeological authority, that its activities in connection with any Federal construction project or federally licensed project, activity, or program may cause irreparable loss or destruction of significant scientific, prehistorical, historical, or archeological data, the agency shall notify the Secretary, in writing, and shall provide the Secretary with appropriate information concerning the project, program, or activity. (2)  Recovery, protection, and preservation of data The agency (A) may request the Secretary to undertake the recovery, protection, and preservation of the data (including preliminary survey, or other investigation as needed, and analysis and publication of the reports resulting from the investigation); or (B) may, with funds appropriated for the project, program, or activity, undertake those activities. (3)  Availability of reports Copies of reports of any investigations made pursuant to this section shall be submitted to the Secretary, who shall make them available to the public for inspection and review. (b)  Activity of Private Person, Association, or Public Entity. (1)  Recovery by secretary When any Federal agency provides financial assistance by loan, grant, or otherwise to any private person, association, or public entity, the Secretary, if the Secretary determines that significant scientific, prehistorical, historical, or archeological data might be irrevocably lost or destroyed, may, with funds appropriated expressly for this purpose (A) conduct, with the consent of all persons, associations, or public entities having a legal interest in the property, a survey of the affected site; and (B) undertake the recovery, protection, and preservation of the data (including analysis and publication). (2)  Compensation The Secretary shall, unless otherwise agreed to in writing, compensate any person, association, or public entity damaged as a result of delays in construction or as a result of the temporary loss of the use of private or any nonfederally owned land. ( Pub. L. 113287,  3 Dec. 19, 2014 128 Stat. 3254        Historical and Revision Notes  Revised Section Source (U.S. Code) Source (Statutes at Large)  312502 16 U.S.C. 469a1 Pub. L. 86523,  3 Pub. L. 93291,  1(3) May 24, 1974 88 Stat. 174  312503. Survey and recovery by Secretary (a)  In General The Secretary, on notification, in writing, by any Federal or State agency or appropriate historical or archeological authority that scientific, prehistorical, historical, or archeological data are being or may be irrevocably lost or destroyed by any Federal or federally assisted or licensed project, activity, or program, shall, if the Secretary determines that the data are significant and are being or may be irrevocably lost or destroyed and after reasonable notice to the agency responsible for funding or licensing the project, activity, or program (1) conduct or cause to be conducted a survey and other investigation of the areas that are or may be affected; and (2) recover and preserve the data (including analysis and publication) that, in the opinion of the Secretary, are not being, but should be, recovered and preserved in the public interest. (b)  When Survey or Recovery Not Required No survey or recovery work shall be required pursuant to this section that, in the determination of the head of the responsible agency, would impede Federal or federally assisted or licensed projects or activities undertaken in connection with any emergency, including projects or activities undertaken in anticipation of, or as a result of, a natural disaster. (c)  Initiation of Survey The Secretary shall initiate the survey or recovery effort within (1) 60 days after notification pursuant to subsection (a); or (2) such time as may be agreed on with the head of the agency responsible for funding or licensing the project, activity, or program in all other cases. (d)  Compensation by Secretary The Secretary shall, unless otherwise agreed to in writing, compensate any person, association, or public entity damaged as a result of delays in construction or as a result of the temporary loss of the use of private or nonfederally owned land. ( Pub. L. 113287,  3 Dec. 19, 2014 128 Stat. 3255        Historical and Revision Notes  Revised Section Source (U.S. Code) Source (Statutes at Large)  312503 16 U.S.C. 469a2 Pub. L. 86523,  4 Pub. L. 93291,  1(3) May 24, 1974 88 Stat. 174  312504. Progress reports by Secretary on surveys and work undertaken as result of surveys (a)  Progress Reports to Funding or Licensing Agency The Secretary shall keep the agency responsible for funding or licensing the project notified at all times of the progress of any survey made under this chapter or of any work undertaken as a result of a survey, in order that there will be as little disruption or delay as possible in the carrying out of the functions of the agency. The survey and recovery programs shall terminate at a time agreed on by the Secretary and the head of the agency unless extended by agreement. (b)  Disposition of Relics and Specimens The Secretary shall consult with any interested Federal and State agencies, educational and scientific organizations, private institutions, and qualified individuals, with a view to determining the ownership of, and the most appropriate repository for, any relics and specimens recovered as a result of any work performed as provided for in this section. (c)  Coordination of Activities The Secretary shall coordinate all Federal survey and recovery activities authorized under this chapter. ( Pub. L. 113287,  3 Dec. 19, 2014 128 Stat. 3255        Historical and Revision Notes  Revised Section Source (U.S. Code) Source (Statutes at Large)  312504 16 U.S.C. 469a3 Pub. L. 86523,  5 June 27, 1960 74 Stat. 220 Pub. L. 93291,  1(4) May 24, 1974 88 Stat. 175 Pub. L. 96205, title VI,  608(b)(1) Mar. 12, 1980 94 Stat. 92 Pub. L. 103437,  6(d)(27) Nov. 2, 1994 108 Stat. 4584 Pub. L. 104333, div. I, title VIII,  814(d)(2)(B) Nov. 12, 1996 110 Stat. 4196  312505. Notice of dam construction (a)  In General Before any Federal agency undertakes the construction of a dam, or issues a license to any private individual or corporation for the construction of a dam, it shall give written notice to the Secretary setting forth the site of the proposed dam and the approximate area to be flooded and otherwise changed if construction is undertaken. (b)  Dams With Certain Detention Capacity or Reservoir With respect to any flood water retarding dam that provides fewer than 5,000 acre-feet of detention capacity, and with respect to any other type of dam that creates a reservoir of fewer than 40 surface acres, this section shall apply only when the constructing agency, in its preliminary surveys, finds or is presented with evidence that historical or archeological materials exist or may be present in the proposed reservoir area. ( Pub. L. 113287,  3 Dec. 19, 2014 128 Stat. 3256        Historical and Revision Notes  Revised Section Source (U.S. Code) Source (Statutes at Large)  312505 16 U.S.C. 469a Pub. L. 86523,  2 June 27, 1960 74 Stat. 220 Pub. L. 93291,  1(2) May 24, 1974 88 Stat. 174 In subsection (a), the words Federal agency are substituted for agency of the United States for consistency in the revised title and with other titles of the United States Code.  312506. Administration In the administration of this chapter, the Secretary may (1) enter into contracts or make cooperative agreements with any Federal or State agency, educational or scientific organization, or institution, corporation, association, or qualified individual; (2) obtain the services of experts and consultants or organizations of experts and consultants in accordance with section 3109 of title 5 (3) accept and utilize funds made available for salvage archeological purposes by any private person or corporation or transferred to the Secretary by any Federal agency. ( Pub. L. 113287,  3 Dec. 19, 2014 128 Stat. 3256        Historical and Revision Notes  Revised Section Source (U.S. Code) Source (Statutes at Large)  312506 16 U.S.C. 469b Pub. L. 86523,  6 June 27, 1960 74 Stat. 221 Pub. L. 93291,  1(8) May 24, 1974 88 Stat. 175  312507. Assistance to Secretary by Federal agencies responsible for construction projects (a)  Assistance of Federal Agencies To carry out this chapter, any Federal agency responsible for a construction project may assist the Secretary or may transfer to the Secretary funds as may be agreed on, but not more than 1 percent of the total amount authorized to be appropriated for the project, except that the 1 percent limitation under this section shall not apply if the cost of the project is $50,000 or less. The costs of the survey, recovery, analysis, and publication shall be deemed nonreimbursable project costs. (b)  Availability of Appropriations Amounts appropriated for purposes of this section shall remain available until expended. ( Pub. L. 113287,  3 Dec. 19, 2014 128 Stat. 3256        Historical and Revision Notes  Revised Section Source (U.S. Code) Source (Statutes at Large)  312507(a) 16 U.S.C. 469c(a) Pub. L. 86523,  7 June 27, 1960 74 Stat. 221 Pub. L. 93291,  1(9) May 24, 1974 88 Stat. 175 Pub. L. 95625, title VI,  603 Nov. 10, 1978 92 Stat. 3518 312507(b) 16 U.S.C. 469c(d) In subsection (a), the text of 16 U.S.C. 469c(b) In subsection (b), the words Beginning fiscal year 1979 are omitted as obsolete.  312508. Costs for identification, surveys, evaluation, and data recovery with respect to historic property Notwithstanding section 312507(a) of this title (1) identification, surveys, and evaluation carried out with respect to historic property within project areas may be treated for purposes of any law or rule of law as planning costs of the project and not as costs of mitigation; (2) reasonable costs for identification, surveys, evaluation, and data recovery carried out with respect to historic property within project areas may be charged to Federal licensees and permittees as a condition to the issuance of the license or permit; and (3) Federal agencies, with the concurrence of the Secretary and after notification of the Committee on Natural Resources of the House of Representatives and the Committee on Energy and Natural Resources of the Senate, may waive, in appropriate cases, the 1 percent limitation under section 312507(a) of this title ( Pub. L. 113287,  3 Dec. 19, 2014 128 Stat. 3256        Historical and Revision Notes  Revised Section Source (U.S. Code) Source (Statutes at Large)  312508 16 U.S.C. 469c2  Pub. L. 96515, title II,  208 Dec. 12, 1980 94 Stat. 2997 Pub. L. 103437,  6(d)(28) Nov. 2, 1994 108 Stat. 4584 DIVISION C AMERICAN ANTIQUITIES CHAPTER 3201 POLICY AND ADMINISTRATIVE PROVISIONS    Sec.  320101. Declaration of national policy.  320102. Powers and duties of Secretary.  320103. Cooperation with governmental and private agencies and individuals.  320104. Jurisdiction of States in acquired land.  320105. Criminal penalties.  320106. Limitation on obligation or expenditure of appropriated amounts.  320101. Declaration of national policy  It is declared that it is a national policy to preserve for public use historic sites, buildings, and objects of national significance for the inspiration and benefit of the people of the United States. ( Pub. L. 113287,  3 Dec. 19, 2014 128 Stat. 3257        Historical and Revision Notes  Revised Section Source (U.S. Code) Source (Statutes at Large)  320101 16 U.S.C. 461 Aug. 21, 1935, ch. 593,  1 49 Stat. 666 Statutory Notes and Related Subsidiaries       National Historic Sites   Adams National Historic Site, Massachusetts [redesignated Adams National Historical Park by Pub. L. 105342,  5(e) Nov. 2, 1998 112 Stat. 3202 16 U.S.C. 410eee Dec. 9, 1946 Allegheny Portage Railroad National Historic Site, Pennsylvania. Pub. L. 88546 Aug. 31, 1964 78 Stat. 752 Pub. L. 107369 Dec. 19, 2002 116 Stat. 3069 Pub. L. 108352,  16 Oct. 21, 2004 118 Stat. 1398 Amache National Historic Site, Colorado. Pub. L. 117106 Mar. 18, 2022 136 Stat. 1122 Andersonville National Historic Site, Georgia. Pub. L. 91465 Oct. 16, 1970 84 Stat. 989 Pub. L. 107357,  1 Dec. 17, 2002 116 Stat. 3014 Andrew Johnson National Historic Site. Aug. 29, 1935, ch. 801 49 Stat. 958 16 U.S.C. 450 o Apr. 27, 1942 56 Stat. 1955 Pub. L. 88197 Dec. 11, 1963 77 Stat. 349 Pub. L. 94578, title II,  201(1) Oct. 21, 1976 90 Stat. 2733 Ansley Wilcox House National Historic Site (see Theodore Roosevelt Inaugural National Historic Site, New York). Bents Old Fort National Historic Site, Colorado. Pub. L. 86487 June 3, 1960 74 Stat. 155 Blackwell School National Historic Site, Texas. Pub. L. 117206 Oct. 17, 2022 136 Stat. 2235 Boston African American National Historic Site, Massachusetts. Pub. L. 96430, title I Oct. 10, 1980 94 Stat. 1845 Brown v. Board of Education National Historic Site, Kansas [redesignated Brown v. Board of Education National Historical Park by Pub. L. 117123,  2(a) May 12, 2022 136 Stat. 1196 16 U.S.C. 410iiii Pub. L. 102525, title I Oct. 26, 1992 106 Stat. 3438 Carl Sandburg Home National Historic Site, North Carolina. Pub. L. 90592 Oct. 17, 1968 82 Stat. 1154 Pub. L. 110229, title III,  311 May 8, 2008 122 Stat. 769 Carter G. Woodson Home National Historic Site, District of Columbia. Pub. L. 108192 Dec. 19, 2003 117 Stat. 2873 Charles Pinckney National Historic Site, South Carolina. Pub. L. 100421 Sept. 8, 1988 102 Stat. 1581 Clara Barton National Historic Site, Maryland. Pub. L. 93486, title I,  101(a)(1) Oct. 26, 1974 88 Stat. 1461 Edgar Allan Poe National Historic Site, Pennsylvania. Pub. L. 95625, title V,  503 Nov. 10, 1978 92 Stat. 3498 Edison National Historic Site [references to Edison National Historic Site deemed to refer to the Thomas Edison National Historical Park by Pub. L. 11111, title VII,  7110(c)(5) Mar. 30, 2009 123 Stat. 1198 16 U.S.C. 410mmm Pub. L. 87628 Sept. 5, 1962 76 Stat. 428 Pub. L. 94578, title III,  311 Oct. 21, 1976 90 Stat. 2736 Pub. L. 11111, title VII,  7110(c)(4) Mar. 30, 2009 123 Stat. 1198 Eisenhower National Historic Site, Pennsylvania.33 F.R. 16031, Nov. 27, 1967 Pub. L. 91133 Dec. 2, 1969 83 Stat. 274 Eleanor Roosevelt National Historic Site, New York. Pub. L. 9532 May 26, 1977 91 Stat. 171 Pub. L. 105364 Nov. 10, 1998 112 Stat. 3300 Eugene ONeill National Historic Site, California. Pub. L. 94539 Oct. 18, 1976 90 Stat. 2501 Fallen Timbers Battlefield and Fort Miamis National Historic Site, Ohio. Pub. L. 106164 Dec. 9, 1999 113 Stat. 1792 Pub. L. 106387,  1(a) [title VII,  777] Oct. 28, 2000 114 Stat. 1549 First Ladies National Historic Site, Ohio. Pub. L. 106291, title I,  145 Oct. 11, 2000 114 Stat. 950 Fords Theatre National Historic Site, District of Columbia. Pub. L. 91288 June 23, 1970 84 Stat. 322 Fort Bowie National Historic Site, Arizona. Pub. L. 88510 Aug. 30, 1964 78 Stat. 681 Fort Davis National Historic Site, Texas. Pub. L. 87213 Sept. 8, 1961 75 Stat. 488 Pub. L. 105355, title V,  506 Nov. 6, 1998 112 Stat. 3263 Pub. L. 11111, title VII,  7118 Mar. 30, 2009 123 Stat. 1205 Fort Laramie National Historic Site, Wyoming.Proc. No. 2292, July 16, 1938 53 Stat. 2461 Pub. L. 86444 Apr. 29, 1960 74 Stat. 83 Fort Larned National Historic Site, Kansas. Pub. L. 88541 Aug. 31, 1964 78 Stat. 748 Pub. L. 94578, title II,  201(4) Oct. 21, 1976 90 Stat. 2733 Fort Point National Historic Site, California. Pub. L. 91457 Oct. 16, 1970 84 Stat. 970 Fort Raleigh National Historic Site, North Carolina.Designated Apr. 5, 1941 Pub. L. 87148 Aug. 17, 1961 75 Stat. 384 Pub. L. 101603 Nov. 16, 1990 104 Stat. 3065 Fort Saint Marks National Historic Site, Florida. Pub. L. 87789 Oct. 10, 1962 76 Stat. 807 Fort Scott National Historic Site, Kansas. Pub. L. 95484 Oct. 19, 1978 92 Stat. 1610 Pub. L. 95625, title XII Nov. 10, 1978 92 Stat. 3548 Pub. L. 1169, title II,  2105 Mar. 12, 2019 133 Stat. 726 Fort Smith National Historic Site, Arkansas. Pub. L. 87215 Sept. 13, 1961 75 Stat. 489 Pub. L. 94578, title III,  312 Oct. 21, 1976 90 Stat. 2737 Fort Union Trading Post National Historic Site, North Dakota and Montana. Pub. L. 89458 June 20, 1966 80 Stat. 211 Frederick Law Olmsted National Historic Site, Massachusetts. Pub. L. 9687, title II Oct. 12, 1979 93 Stat. 664 Pub. L. 105343 Nov. 2, 1998 112 Stat. 3203 Friendship Hill National Historic Site, Pennsylvania. Pub. L. 95625, title V,  509 Nov. 10, 1978 92 Stat. 3509 Georgia OKeeffe National Historic Site, New Mexico. Pub. L. 96344,  3 Sept. 8, 1980 94 Stat. 1133 Pub. L. 98396, title I Aug. 22, 1984 98 Stat. 1386 Golden Spike National Historic Site, Utah [redesignated Golden Spike National Historical Park by Pub. L. 1169, title II,  2205(b) Mar. 12, 2019 133 Stat. 738 16 U.S.C. 410cccc Pub. L. 89102 July 30, 1965 79 Stat. 426 Pub. L. 94578, title II,  201(5) Oct. 21, 1976 90 Stat. 2733 Grant-Kohrs Ranch National Historic Site, Montana. Pub. L. 92406 Aug. 25, 1972 86 Stat. 632 Pub. L. 105365 Nov. 10, 1998 112 Stat. 3301 Grey Towers National Historic Site, Pennsylvania. Pub. L. 108447, div. E, title III,  348 Dec. 8, 2004 118 Stat. 3106 Hampton National Historic Site, Maryland.Designated June 22, 1948 Harry S Truman National Historic Site, Missouri. Pub. L. 9832 May 23, 1983 97 Stat. 193 Pub. L. 101105 Oct. 2, 1989 103 Stat. 675 Pub. L. 103184,  1 Dec. 14, 1993 107 Stat. 2243 Pub. L. 108396 Oct. 30, 2004 118 Stat. 2250 Pub. L. 1169, title II,  2109(b) Mar. 12, 2019 133 Stat. 731 Herbert Hoover National Historic Site, Iowa. Pub. L. 89119 Aug. 12, 1965 79 Stat. 510 Home of Franklin D. Roosevelt National Historic Site, New York.Designated Jan. 15, 1944 Pub. L. 105364 Nov. 10, 1998 112 Stat. 3300 Pub. L. 106147 Dec. 9, 1999 113 Stat. 1717 Pub. L. 1169, title II,  2110 Mar. 12, 2019 133 Stat. 733 Honouliuli National Historic Site, Hawaii. Pub. L. 1169, title II,  2206(d) Mar. 12, 2019 133 Stat. 741 Hopewell Furnace [formerly Hopewell Village] National Historic Site, Pennsylvania.Designated Aug. 3, 1938 Sept. 19, 1985 Hubbell Trading Post National Historic Site, Arizona. Pub. L. 89148 Aug. 28, 1965 79 Stat. 584 James A. Garfield National Historic Site, Ohio. Pub. L. 96607, title XII Dec. 28, 1980 94 Stat. 3545 Jefferson National Expansion Memorial, National Historical Site, Missouri [redesignated Gateway Arch National Park by Pub. L. 115128,  2 Feb. 22, 2018 132 Stat. 328 16 U.S.C. 450jj10 Dec. 21, 1935 Jimmy Carter National Historic Site, Georgia [redesignated Jimmy Carter National Historical Park by Pub. L. 116341,  2(a) Jan. 13, 2021 134 Stat. 5132 16 U.S.C. 410hhhh Pub. L. 100206 Dec. 23, 1987 101 Stat. 1434 Pub. L. 105106,  1 Nov. 20, 1997 111 Stat. 2247 John Fitzgerald Kennedy National Historic Site, Massachusetts. Pub. L. 9020 May 26, 1967 81 Stat. 29 John Muir National Historic Site, California. Pub. L. 88547 Aug. 31, 1964 78 Stat. 753 Pub. L. 100563,  5 Oct. 31, 1988 102 Stat. 2829 Pub. L. 108385 Oct. 30, 2004 118 Stat. 2227 Pub. L. 115191 June 22, 2018 132 Stat. 1501 Kate Mullany National Historic Site, New York. Pub. L. 108438 Dec. 3, 2004 118 Stat. 2625 Knife River Indian Villages National Historic Site, North Dakota. Pub. L. 93486, title I,  101(a)(3) Oct. 26, 1974 88 Stat. 1461 Pub. L. 101430,  1 Oct. 15, 1990 104 Stat. 959 Lincoln Home National Historic Site, Illinois. Pub. L. 92127 Aug. 18, 1971 85 Stat. 347 Pub. L. 94578, title I,  101(7) Oct. 21, 1976 90 Stat. 2732 Little Rock Central High School National Historic Site, Arkansas. Pub. L. 105356 Nov. 6, 1998 112 Stat. 3268 Pub. L. 115117 Jan. 12, 2018 131 Stat. 2283 Longfellow House-Washingtons Headquarters [formerly Longfellow] National Historic Site, Massachusetts. Pub. L. 92475 Oct. 9, 1972 86 Stat. 791 Pub. L. 111333 Dec. 22, 2010 124 Stat. 3581 Lower East Side Tenement National Historic Site, New York. Pub. L. 105378, title I Nov. 12, 1998 112 Stat. 3395 Pub. L. 113291, div. B, title XXX,  3038 Dec. 19, 2014 128 Stat. 3783 Lyndon B. Johnson National Historic Site, Texas [redesignated Lyndon B. Johnson National Historical Park by Pub. L. 96607, title VI Dec. 3, 1980 94 Stat. 3540 16 U.S.C. 410kk Pub. L. 91134 Dec. 2, 1969 83 Stat. 274 Maggie L. Walker National Historic Site, Virginia. Pub. L. 95625, title V,  511 Nov. 10, 1978 92 Stat. 3510 Manzanar National Historic Site, California. Pub. L. 102248, title I Mar. 3, 1992 106 Stat. 40 Pub. L. 104333, div. I, title V,  515 Nov. 12, 1996 110 Stat. 4167 Mar-A-Lago National Historic Site, Florida [redesignated Mar-A-Lago National Historic Landmark by Pub. L. 96586,  4(a)(2) Dec. 23, 1980 94 Stat. 3386 16 U.S.C. 467a Jan. 16, 1969 Pub. L. 92527 Oct. 21, 1972 86 Stat. 1049 Pub. L. 96586,  4(a)(1) Dec. 23, 1980 94 Stat. 3386 Martin Luther King, Junior, National Historic Site, Georgia [redesignated Martin Luther King, Jr. National Historical Park by Pub. L. 115108,  3 Jan. 8, 2018 131 Stat. 2267 16 U.S.C. 410www Pub. L. 96428 Oct. 10, 1980 94 Stat. 1839 Pub. L. 102575, title XL,  4024 Oct. 30, 1992 106 Stat. 4768 Pub. L. 108314 Oct. 5, 2004 118 Stat. 1198 Martin Van Buren National Historic Site, New York. Pub. L. 93486, title I,  101(a)(6) Oct. 26, 1974 88 Stat. 1462 Pub. L. 11111, title VII,  7112 Mar. 30, 2009 123 Stat. 1201 Mary McLeod Bethune Council House National Historic Site, District of Columbia. Pub. L. 97329 Oct. 15, 1982 96 Stat. 1615 Pub. L. 102211 Dec. 11, 1991 105 Stat. 1652 Minidoka National Historic Site, Idaho. Pub. L. 110229, title III,  313 May 8, 2008 122 Stat. 770 Pub. L. 113171,  1 Sept. 26, 2014 128 Stat. 1895 Minuteman Missile National Historic Site, South Dakota. Pub. L. 106115 Nov. 29, 1999 113 Stat. 1540 Pub. L. 11336 Sept. 18, 2013 127 Stat. 521 New Philadelphia National Historic Site, Illinois. Pub. L. 117328, div. DD, title VI,  601 Dec. 29, 2022 136 Stat. 5601 Nicodemus National Historic Site, Kansas. Pub. L. 104333, div. I, title V,  512 Nov. 12, 1996 110 Stat. 4163 Pub. L. 106176, title I,  112 Mar. 10, 2000 114 Stat. 27 Ninety Six National Historic Site, South Carolina. Pub. L. 94393 Aug. 19, 1976 90 Stat. 1196 Old Philadelphia Custom House National Historic Site, Pennsylvania.Designated May 26, 1939 Palo Alto Battlefield National Historic Site, Texas [redesignated Palo Alto Battlefield National Historical Park by Pub. L. 11111, title VII,  7113(a)(1) Mar. 30, 2009 123 Stat. 1201 16 U.S.C. 410nnn Pub. L. 95625, title V,  506 Nov. 10, 1978 92 Stat. 3500 Pub. L. 102304 June 23, 1992 106 Stat. 256 President William Jefferson Clinton Birthplace Home National Historic Site, Arkansas. Pub. L. 11111, title VII,  7002 Mar. 30, 2009 123 Stat. 1188 Puukohola Heiau National Historic Site, Hawaii. Pub. L. 92388 Aug. 17, 1972 86 Stat. 562 Pub. L. 106510,  3(e) Nov. 13, 2000 114 Stat. 2364 Ronald Reagan Boyhood Home National Historic Site, Illinois. Pub. L. 107137 Feb. 6, 2002 116 Stat. 3 Saint-Gaudens National Historic Site, New Hampshire [redesignated Saint-Gaudens National Historical Park by Pub. L. 1169, title II,  2201(a) Mar. 12, 2019 133 Stat. 733 16 U.S.C. 410zzz Pub. L. 88543 Aug. 31, 1964 78 Stat. 749 Pub. L. 94578, title I,  101(10) Oct. 21, 1976 90 Stat. 2732 Pub. L. 106491 Nov. 9, 2000 114 Stat. 2209 Salem Maritime National Historic Site, Massachusetts.Designated Mar. 17, 1938 Pub. L. 100349 June 27, 1988 102 Stat. 659 Pub. L. 101632 Nov. 28, 1990 104 Stat. 4575 San Juan National Historic Site, Puerto Rico.Designated Feb. 14, 1949 Sand Creek Massacre National Historic Site, Colorado. Pub. L. 106465 Nov. 7, 2000 114 Stat. 2019 Pub. L. 10945 Aug. 2, 2005 119 Stat. 445 Saugus Iron Works National Historic Site, Massachusetts. Pub. L. 90282 Apr. 5, 1968 82 Stat. 72 Sewall-Belmont House National Historic Site, District of Columbia. Pub. L. 93486, title II Oct. 26, 1974 88 Stat. 1463 Springfield Armory National Historic Site, Massachusetts. Pub. L. 93486, title I,  101(a)(4) Oct. 26, 1974 88 Stat. 1461 Steamtown National Historic Site, Pennsylvania. Pub. L. 99500,  101(h) [title I,  15] Oct. 18, 1986 100 Stat. 1783248 Pub. L. 99591,  101(h) [title I,  15] Oct. 30, 1986 100 Stat. 3341248 Thaddeus Kosciuszko Home National Historic Site, Pennsylvania. Pub. L. 92524 Oct. 21, 1972 86 Stat. 1046 Theodore Roosevelt Inaugural [formerly Ansley Wilcox House] National Historic Site, New York. Pub. L. 89708 Nov. 2, 1966 80 Stat. 1101 Pub. L. 96607, title VIII Dec. 28, 1980 94 Stat. 3541 Thomas Cole National Historic Site, New York. Pub. L. 106146 Dec. 9, 1999 113 Stat. 1714 Thomas Stone National Historic Site, Maryland. Pub. L. 95625, title V,  510 Nov. 10, 1978 92 Stat. 3510 Tuskegee Airmen National Historic Site, Alabama. Pub. L. 105355, title III Nov. 6, 1998 112 Stat. 3254 Tuskegee Institute National Historic Site, Alabama. Pub. L. 93486, title I,  101(a)(5) Oct. 26, 1974 88 Stat. 1462 Ulysses S. Grant National Historic Site, Missouri. Pub. L. 101106 Oct. 2, 1989 103 Stat. 677 Vanderbilt Mansion National Historic Site, New York.Designated Dec. 18, 1940 Weir Farm National Historic Site, Connecticut [redesignated Weir Farm National Historical Park by Pub. L. 116305,  2(a) Jan. 5, 2021 134 Stat. 4917 16 U.S.C. 410ffff Pub. L. 101485 Oct. 31, 1990 104 Stat. 1171 Pub. L. 103449, title II Nov. 2, 1994 108 Stat. 4756 Pub. L. 105363,  1 Nov. 10, 1998 112 Stat. 3296 Pub. L. 11111, title VII,  7102 Mar. 30, 2009 123 Stat. 1190 William Howard Taft National Historic Site, Ohio. Pub. L. 91132 Dec. 2, 1969 83 Stat. 273 Pub. L. 10760 Nov. 5, 2001 115 Stat. 408 For other historic sites, see General Index.       National Battlefield Sites   Cowpens National Battlefield Site, South Carolina. Act Mar. 4, 1929, ch. 699 45 Stat. 1558 Fort Necessity National Battlefield Site, Pennsylvania. Act Mar. 4, 1931, ch. 504 46 Stat. 1522 Pub. L. 87134,  3 Aug. 10, 1961 75 Stat. 336 section 430rr of this title Shenandoah Valley Battlefields National Historic District, Virginia. Pub. L. 104333, div. I, title VI,  606 Nov. 12, 1996 110 Stat. 4174 Pub. L. 106176, title I,  115 Mar. 10, 2000 114 Stat. 27 Washita Battlefield National Historic Site, Oklahoma. Pub. L. 104333, div. I, title VI,  607 Nov. 12, 1996 110 Stat. 4180 Pub. L. 106176, title I,  116 Mar. 10, 2000 114 Stat. 27 Tables listing National Heritage and River Corridors, National Heritage Areas, National Heritage Canalways, National Heritage Partnerships, and National Heritage Routes, formerly set out under this section, were transferred and are set out under section 120102 of this title       National Commemorative Sites   Charleston National Commemorative Site, Arkansas. Pub. L. 105277, div. A,  101(e) [title I,  128] Oct. 21, 1998 112 Stat. 2681231 KennedyKing National Commemorative Site, Indiana. Pub. L. 115163 Apr. 4, 2018 132 Stat. 1251 Quindaro Townsite National Commemorative Site, Kansas. Pub. L. 1169, title IX,  9008 Mar. 12, 2019 133 Stat. 838 Crossroads of the West Historic District Pub. L. 106577, title III,  302 Dec. 28, 2000 114 Stat. 3072 Route 66 Corridor Pub. L. 10645 Aug. 10, 1999 113 Stat. 224 Pub. L. 11111, title VII,  7304 Mar. 30, 2009 123 Stat. 1218 Chesapeake Bay Initiative Pub. L. 105312, title V Oct. 30, 1998 112 Stat. 2961 Pub. L. 107308,  9 Dec. 2, 2002 116 Stat. 2448 Pub. L. 111212, title III,  3005 July 29, 2010 124 Stat. 2339 Pub. L. 11274, div. E, title I Dec. 23, 2011 125 Stat. 991 Pub. L. 11376, div. G, title IV,  428 Jan. 17, 2014 128 Stat. 345 Pub. L. 114113, div. G, title IV,  422 Dec. 18, 2015 129 Stat. 2579 Pub. L. 115141, div. G, title IV,  420 Mar. 23, 2018 132 Stat. 691 Pub. L. 116188, title I,  110 Oct. 30, 2020 134 Stat. 920 Vancouver National Historic Reserve Pub. L. 104333, div. I, title V,  502 Nov. 12, 1996 110 Stat. 4154 Pub. L. 106176, title I,  107 Mar. 10, 2000 114 Stat. 26 Pub. L. 107342,  1 Dec. 17, 2002 116 Stat. 2891 Nov. 12, 1996 Great Falls Historic District, New Jersey Pub. L. 104333, div. I, title V,  510 Nov. 12, 1996 110 Stat. 4158 Pub. L. 106176, title I,  110 Mar. 10, 2000 114 Stat. 26 Aleutian World War II National Historic Area Pub. L. 104333, div. I, title V,  513 Nov. 12, 1996 110 Stat. 4165 Pub. L. 106176, title I,  113 Mar. 10, 2000 114 Stat. 27 Maine Acadian Culture Preservation Act Pub. L. 101543 Nov. 8, 1990 104 Stat. 2389 Southwestern Pennsylvania Heritage Preservation Commission Pub. L. 100698,  1 Nov. 19, 1988 102 Stat. 4618 Pub. L. 104333, div. I, title VIII,  814(d)(1)(L) Nov. 12, 1996 110 Stat. 4196 Pub. L. 106291, title I,  148 Oct. 11, 2000 114 Stat. 956 Historic Resources of Camden, South Carolina Pub. L. 97184 May 24, 1982 96 Stat. 99  That (a) in order to assist in the preservation of the nationally significant historic resources associated with the town of Camden, South Carolina, a key location in the development of South Carolina and in military operations in the South during the American Revolution, the Secretary of the Interior is authorized, in accordance with sub section 2(e) of the Act of August 21, 1935 49 Stat. 666 54 U.S.C. 320301(f) (b) Beginning October 1, 1982 Saint Pauls Church, Eastchester Pub. L. 95625, title V,  504 Nov. 10, 1978 92 Stat. 3498  (a) [Acquisition of property] In order to preserve and protect Saint Pauls Church, Eastchester, in Mount Vernon, New York, for the benefit of present and future generations, the Secretary may accept any gift or bequest of any property or structure which comprises such church and any other real or personal property located within the square bounded by South Columbus Avenue, South Third Avenue, Edison Avenue, and South Fulton Avenue, in Mount Vernon, New York, including the cemetery located within such square and any real property located within such square which was at any time a part of the old village green, now in Mount Vernon, New York. (b) [Administration; repairs; cooperative agreements: management protection, development and interpretation] Any property acquired under subsection (a) shall be administered by the Secretary acting through the National Park Service, in accordance with this section and provisions of law generally applicable to units of the National Park System, including the Act approved August 25, 1916 16 U.S.C. 1 18 U.S.C. 1865(a) 54 U.S.C. 100101(a) August 21, 1935 18 U.S.C. 1866(a) 54 U.S.C. 102303 Ebeys Landing National Historical Reserve Pub. L. 95625, title V,  508 Nov. 10, 1978 92 Stat. 3507 Pub. L. 9687, title IV,  401(k) Oct. 12, 1979 93 Stat. 666  (a) [Establishment, area of reserve] There is hereby established the Ebeys Landing National Historical Reserve (hereinafter referred to as the reserve), in order to preserve and protect a rural community which provides an unbroken historical record from nineteenth century exploration and settlement in Puget Sound to the present time, and to commemorate (1) the first thorough exploration of the Puget Sound area, by Captain George Vancouver, in 1792; (2) settlement by Colonel Isaac Neff Ebey who led the first permanent settlers to Whidbey Island, quickly became an important figure in Washington Territory, and ultimately was killed by Haidahs from the Queen Charlotte Islands during a period of Indian unrest in 1857; (3) early active settlement during the years of the Donation Land Law (18501855) [ Sept. 27, 1850, ch. 76 9 Stat. 496 Feb. 14, 1853, ch. 69 10 Stat. 158 July 17, 1854, ch. 84 10 Stat. 305 (4) the growth since 1883 of the historic town of Coupeville. The reserve shall include the area of approximately eight thousand acres identified as the Central Whidbey Island Historic District. (b) [Comprehensive plan; transmittal to Congress] (1) To achieve the purpose of this section, the Secretary, in cooperation with the appropriate State and local units of general government, shall formulate a comprehensive plan for the protection, preservation, and interpretation of the reserve. The plan shall identify those areas or zones within the reserve which would most appropriately be devoted to (A) public use and development; (B) historic and natural preservation; and (C) private use subject to appropriate local zoning ordinances designed to protect the historical rural setting. (2) Within eighteen months following the date of enactment of this section [ Nov. 10, 1978 (c) [Cooperative agreement; land use controls; transfer of management and administration; assistance; grants, limitation of amount] At such time as the State or appropriate units of local government having jurisdiction over land use within the reserve have enacted such zoning ordinances or other land use controls which in the judgment of the Secretary will protect and preserve the historic and natural features of the area in accordance with the comprehensive plan, the Secretary may, pursuant to cooperative agreement (1) transfer management and administration over all or any part of the property acquired under subsection (d) of this section to the State or appropriate units of local government; (2) provide technical assistance to such State or unit of local government in the management, protection, and interpretation of the reserve; and (3) make periodic grants, which shall be supplemental to any other funds to which the grantee may be entitled under any other provision of law, to such State or local unit of government for the annual costs of operation and maintenance, including but not limited to, salaries of personnel and the protection, preservation, and rehabilitation of the reserve except that no such grant may exceed 50 per centum of the estimated annual cost, as determined by the Secretary, of such operation and maintenance. (d) [Acquisition of property; administration by Secretary] The Secretary is authorized to acquire such lands and interests as he determines are necessary to accomplish the purposes of this section by donation, purchase with donated or appropriated funds, or exchange, except that the Secretary may not acquire the fee simple title to any land without the consent of the owner. The Secretary shall, in addition, give prompt and careful consideration to any offer made by an individual owning property within the historic district to sell such property, if such individual notifies the Secretary that the continued ownership of such property is causing, or would result in, undue hardship. Lands and interests therein so acquired shall, so long as responsibility for management and administration remains with the United States, be administered by the Secretary subject to the provisions of the Act of August 25, 1916 39 Stat. 535 18 U.S.C. 1865(a) 54 U.S.C. 100101(a) (e) [Management inconsistencies; notification; modifications; withdrawal; management by Secretary] If, after the transfer of management and administration of any lands pursuant to subsection (c) of this section, the Secretary determines that the reserve is not being managed in a manner consistent with the purposes of this section, he shall so notify the appropriate officers of the State or local unit of government to which such transfer was made and provide for a ninety-day period in which the transferee may make such modifications in applicable laws, ordinances, rules, and procedures as will be consistent with such purposes. If, upon the expiration of such ninety-day period, the Secretary determines that such modifications have not been made or are inadequate, he shall withdraw the management and administration from the transferee and he shall manage such lands in accordance with the provisions of this section. (f) [Authorization of appropriations] There is hereby authorized to be appropriated not to exceed $5,000,000 to carry out the provisions of this section. Executive Documents  Proc. No. 3339. Establishment of Key Largo Coral Reef Preserve Proc. No. 3339, Mar. 15, 1960 WHEREAS there is situated seaward from the coast of Key Largo, Florida, an undersea coral reef formation which is part of the only living coral reef formation along the coast of North America; and WHEREAS this unique coral formation and its associated marine life are of great scientific interest and value to students of the sea; and WHEREAS this coral reef is considered to be one of the most beautiful formations of its kind in the world; and WHEREAS the reef is being subjected to commercial exploitation and is in danger of destruction; and WHEREAS it is in the public interest to preserve this formation of great scientific and esthetic importance for the benefit and enjoyment of the people; and WHEREAS a portion of this reef lies inside the three-mile limit in the area relinquished to the State of Florida by the United States through the Submerged Lands Act, approved May 22, 1953 67 Stat. 29 43 U.S.C. 1301 August 7, 1953 67 Stat. 462 43 U.S.C. 1331 WHEREAS the United States and the State of Florida are desirous of cooperating for the purpose of preserving the scenic and scientific values of this area unimpaired for the benefit of future generations; and WHEREAS by the terms of the Outer Continental Shelf Lands Act the United States has jurisdiction over the lands of the outer Continental Shelf and has the exclusive right to dispose of the natural resources of the sea bed and subsoil thereof; and WHEREAS section 12(a) of the Outer Continental Shelf Lands Act [subsec. (a) of section 1341 of Title 43 WHEREAS section 5 of the Outer Continental Shelf Lands Act [ section 1334 of Title 43 NOW, THEREFORE, I, DWIGHT D. EISENHOWER, President of the United States of America, acting under and by virtue of the authority vested in me by the Constitution and the statutes of the United States, particularly section 12(a) of the Outer Continental Shelf Lands Act [subsec. (a) of section 1341 of Title 43 That portion of the outer Continental Shelf situated seaward of a line three geographic miles from Key Largo, Monroe County, Florida, lying and being within the following described area: Beginning at a point on the 60-foot depth curve (10-fathom line) as delineated on Coast and Geodetic Survey Chart 1249 (approximate Latitude 251736 N., Longitude 801000 W.), 200 yards southeast of Flashing White LightWhistle Buoy 2; thence northwesterly approximately 7,000 yards through Whistle Buoy 2 to Can Buoy 21 (approximate Latitude 252006 N., Longitude 801236 W.) southeast of Old Rhodes Key; thence southwesterly about 6,900 yards to Can Buoy 25; thence southwesterly approximately 5,500 yards to Can Buoy 27; thence southwesterly approximately 5,000 yards to Flashing Green Light 31BH in Hawk Channel southeast of Point Elizabeth; thence southwesterly approximately 10,650 yards to Black Day Beacon 33 in Hawk Channel east of Point Willie; thence southwesterly approximately 9,800 yards to Flashing White Light 35 on Mosquito Bank east of Point Charles; thence southwesterly approximately 5,400 yards to Black Day Beacon 37 (approximate Latitude 250225 N., Longitude 802536 W.), southeast of Rodriguez Key; thence southeasterly approximately 7,100 yards (pass 600 yards southwest of Flashing Light 2 at Molasses Reef) to the 60-foot depth curve (10-fathom line) 800 yards due south of said light at Molasses Reef (approximate Latitude 250018 N., Longitude 802230 W.); thence northeasterly with the 60-foot depth curve and 10-fathom line (passing easterly of French Reef, Dixie Shoal, The Elbow, and Carysfort Reef) approximately 21 miles to the point of beginning. I call upon all persons to join in the effort to protect and preserve this natural wonder for the benefit of future generations. The Secretary of the Interior is requested to prescribe rules and regulations governing the protection and conservation of the coral and other mineral resources in this area and to cooperate with the State of Florida and its conservation agencies in the preservation of the reef. IN WITNESS WHEREOF, I have hereunto set my hand and caused the Seal of the United States of America to be affixed. DONE at the City of Washington this fifteenth day of March in the year of our Lord nineteen hundred and sixty, and of the Independence of the United States of America the one hundred and eighty-fourth. [ seal]  Dwight D. Eisenhower.  320102. Powers and duties of Secretary (a)  In General The Secretary, acting through the Director, for the purpose of effectuating the policy expressed in section 320101 of this title (b)  Preservation of Data The Secretary shall secure, collate, and preserve drawings, plans, photographs, and other data of historic and archeologic sites, buildings, and objects. (c)  Survey The Secretary shall make a survey of historic and archeologic sites, buildings, and objects for the purpose of determining which possess exceptional value as commemorating or illustrating the history of the United States. (d)  Investigations and Researches The Secretary shall make necessary investigations and researches in the United States relating to particular sites, buildings, and objects to obtain accurate historical and archeological facts and information concerning the sites, buildings, and objects. (e)  Acquisition of Property The Secretary may, for the purpose of this chapter, acquire in the name of the United States by gift, purchase, or otherwise any property, personal or real, or any interest or estate in property, title to any real property to be satisfactory to the Secretary. Property that is owned by any religious or educational institution or that is owned or administered for the benefit of the public shall not be acquired without the consent of the owner. No property shall be acquired or contract or agreement for the acquisition of the property made that will obligate the general fund of the Treasury for the payment of the property, unless Congress has appropriated money that is available for that purpose. (f)  Contracts and Cooperative Agreements The Secretary may contract and make cooperative agreements with States, municipal subdivisions, corporations, associations, or individuals, with proper bond where considered advisable, to protect, preserve, maintain, or operate any historic or archeologic building, site, or object, or property used in connection with the building, site, or object, for public use, regardless whether the title to the building, site, object, or property is in the United States. No contract or cooperative agreement shall be made or entered into that will obligate the general fund of the Treasury unless or until Congress has appropriated money for that purpose. (g)  Protection of Sites, Buildings, Objects, and Property The Secretary shall restore, reconstruct, rehabilitate, preserve, and maintain historic or prehistoric sites, buildings, objects, and property of national historical or archeological significance and where considered desirable establish and maintain museums in connection with the sites, buildings, objects, and property. (h)  Tablets To Mark or Commemorate Places and Events The Secretary shall erect and maintain tablets to mark or commemorate historic or prehistoric places and events of national historical or archeological significance. (i)  Operation for Benefit of Public The Secretary may operate and manage historic and archeologic sites, buildings, and property acquired under this chapter together with land and subordinate buildings for the benefit of the public and may charge reasonable visitation fees and grant concessions, leases, or permits for the use of land, building space, roads, or trails when necessary or desirable either to accommodate the public or to facilitate administration. The Secretary may grant those concessions, leases, or permits and enter into contracts relating to the contracts, leases, or permits with responsible persons, firms, or corporations without advertising and without securing competitive bids. (j)  Corporation To Carry Out Duties When the Secretary determines that it would be administratively burdensome to restore, reconstruct, operate, or maintain any particular historic or archeologic site, building, or property donated to the United States through the Service, the Secretary may cause the restoration, reconstruction, operation, or maintenance to be done by organizing a corporation for that purpose under the laws of the District of Columbia or any State. (k)  Educational Program and Service The Secretary shall develop an educational program and service for the purpose of making available to the public information pertaining to American historic and archeologic sites, buildings, and properties of national significance. Reasonable charges may be made for the dissemination of any such information. (l)  Actions and Regulations Necessary To Carry Out Chapter The Secretary shall perform any and all acts and make regulations not inconsistent with this chapter that may be necessary and proper to carry out this chapter. ( Pub. L. 113287,  3 Dec. 19, 2014 128 Stat. 3257        Historical and Revision Notes  Revised Section Source (U.S. Code) Source (Statutes at Large)  320102 16 U.S.C. 462(a) Aug. 21, 1935, ch. 593,  2(a) 49 Stat. 666 Pub. L. 89249,  8 Oct. 9, 1965 79 Stat. 971 Statutory Notes and Related Subsidiaries National Historic Site Support Facility Improvements Pub. L. 113291, div. B, title XXX,  3053 Dec. 19, 2014 128 Stat. 3806  (a)  Improvement The Secretary of the Interior, acting through the Director of the National Park Service (referred to in this section as the Secretary), may make improvements to a support facility, including a visitor center, for a National Historic Site operated by the National Park Service if the project (1) is conducted using amounts included in the budget of the National Park Service in effect on the date on which the project is authorized; (2) is subject to a 50 percent non-Federal cost-sharing requirement; and (3) is conducted in an area in which the National Park Service was authorized by law in effect before the date of enactment of this Act [ Dec. 19, 2014 (b)  Operation and Use The Secretary may operate and use all or part of a support facility, including a visitor center, for a National Historic Site operated by the National Park Service (1) to carry out duties associated with operating and supporting the National Historic Site; and (2) only in accordance with an agreement between the Secretary and the unit of local government in which the support facility is located. Financial Assistance for Maintenance and Protection of Folger Library and Corcoran Gallery of Art; Limitation on Contract Authority Pub. L. 96344,  1 Sept. 8, 1980 94 Stat. 1133  That (a) in furtherance of the purposes of sub section 2(e) of the Act of August 21, 1935 49 Stat. 666 54 U.S.C. 320102(f) (b) Authority to enter into contracts or cooperative agreements, to incur obligations, or to make payments under this Act [ Pub. L. 96344 Sept. 8, 1980 94 Stat. 1133  320103. Cooperation with governmental and private agencies and individuals (a)  Authorization of Secretary The Secretary may cooperate with and may seek and accept the assistance of any Federal, State, or local agency, educational or scientific institution, patriotic association, or individual. (b)  Technical Advisory Committees When the Secretary considers it necessary, the Secretary may establish technical advisory committees to act in an advisory capacity in connection with the restoration or reconstruction of any historic or prehistoric building or other structure. (c)  Employment of Assistance The Secretary may employ professional and technical assistance and establish service as may be required to accomplish the purposes of this chapter and for which money may be appropriated by Congress or made available by gifts for those purposes. ( Pub. L. 113287,  3 Dec. 19, 2014 128 Stat. 3259        Historical and Revision Notes  Revised Section Source (U.S. Code) Source (Statutes at Large)  320103 16 U.S.C. 464 Aug. 21, 1935, ch. 593,  4 49 Stat. 668  320104. Jurisdiction of States in acquired land  Nothing in this chapter shall be held to deprive any State, or political subdivision of a State, of its civil and criminal jurisdiction in and over land acquired by the United States under this chapter. ( Pub. L. 113287,  3 Dec. 19, 2014 128 Stat. 3259        Historical and Revision Notes  Revised Section Source (U.S. Code) Source (Statutes at Large)  320104 16 U.S.C. 465 Aug. 21, 1935, ch. 593,  5 49 Stat. 668  320105. Criminal penalties  Criminal penalties for a violation of a regulation authorized by this chapter are provided by section 1866 of title 18 ( Pub. L. 113287,  3 Dec. 19, 2014 128 Stat. 3259        Historical and Revision Notes  Revised Section Source (U.S. Code) Source (Statutes at Large)  320105 no source. The section is added for informational purposes.  320106. Limitation on obligation or expenditure of appropriated amounts Notwithstanding any other provision of law, no funds appropriated or otherwise made available to the Secretary to carry out subsection (f) or (g) of section 320102 of this title (1) unless the appropriation of the funds has been specifically authorized by law enacted on or after October 30, 1992 (2) in excess of the amount prescribed by law enacted on or after October 30, 1992 ( Pub. L. 113287,  3 Dec. 19, 2014 128 Stat. 3259        Historical and Revision Notes  Revised Section Source (U.S. Code) Source (Statutes at Large)  320106 16 U.S.C. 466(a) Aug. 21, 1935, ch. 593,  6(a) 49 Stat. 668 Pub. L. 102575, title XL,  4023 Oct. 30, 1992 106 Stat. 4768 The words Except as provided in subsection (b) of this section are omitted as obsolete. CHAPTER 3203 MONUMENTS, RUINS, SITES, AND OBJECTS OF ANTIQUITY    Sec.  320301. National monuments.  320302. Permits.  320303. Regulations.  320301. National monuments (a)  Presidential Declaration The President may, in the Presidents discretion, declare by public proclamation historic landmarks, historic and prehistoric structures, and other objects of historic or scientific interest that are situated on land owned or controlled by the Federal Government to be national monuments. (b)  Reservation of Land The President may reserve parcels of land as a part of the national monuments. The limits of the parcels shall be confined to the smallest area compatible with the proper care and management of the objects to be protected. (c)  Relinquishment to Federal Government When an object is situated on a parcel covered by a bona fide unperfected claim or held in private ownership, the parcel, or so much of the parcel as may be necessary for the proper care and management of the object, may be relinquished to the Federal Government and the Secretary may accept the relinquishment of the parcel on behalf of the Federal Government. (d)  Limitation on Extension or Establishment of National Monuments in Wyoming No extension or establishment of national monuments in Wyoming may be undertaken except by express authorization of Congress. ( Pub. L. 113287,  3 Dec. 19, 2014 128 Stat. 3259        Historical and Revision Notes  Revised Section Source (U.S. Code) Source (Statutes at Large)  320301(a) through (c) 16 U.S.C. 431 June 8, 1906, ch. 3060,  2 34 Stat. 225 320301(d) 16 U.S.C. 431a Sept. 14, 1950, ch. 950,  1 64 Stat. 849 In subsection (c), the word parcel is substituted for tract for consistency in this section. In subsection (d), the word further is omitted as obsolete. Statutory Notes and Related Subsidiaries       National Monuments Established Under Presidential Proclamation   Ackia Battleground National Monument, Mississippi [see section 450r of Title 16 Oct. 25, 1938 53 Stat. 2494 Admiralty Island National Monument, Alaska [Monument established within Tongass National Forest by Pub. L. 96487, title V,  503(b) Dec. 2, 1980 94 Stat. 2399 Pub. L. 104123 Apr. 1, 1996 110 Stat. 879 Pub. L. 10560 Oct. 10, 1997 111 Stat. 1269 Dec. 1, 1978 93 Stat. 1446 African Burial Ground National Monument, New York.Proc. No. 7984, Feb. 27, 2006 Agua Fria National Monument, Arizona.Proc. No. 7263, Jan. 11, 2000 Andrew Johnson National Monument, Tennessee [Monument redesignated Andrew Johnson National Historical Site, see section 450 o Apr. 27, 1942 56 Stat. 1955 Aniakchak National Monument, Alaska [Monument established as unit of National Park System, see section 410hh(1) of Title 16 Dec. 1, 1978 93 Stat. 1448 Arches National Monument, Utah [Monument abolished and funds made available to Arches National Park, see section 272 of Title 16 Apr. 12, 1929 46 Stat. 2988 Nov. 25, 1938 53 Stat. 2504 July 22, 1960 c Jan. 20, 1969 83 Stat. 920 Avi Kwa Ame National Monument, Nevada.Proc. No. 10533, Mar. 21, 2023 Aztec Ruins National Monument, New Mexico.Proc. No. 1650, Jan. 24, 1923 42 Stat. 2295 July 2, 1928 45 Stat. 2954 Dec. 19, 1930 46 Stat. 3040 May 27, 1948 62 Stat. 1513 Pub. L. 100559, title VI Oct. 28, 1988 102 Stat. 2800 Baaj Nwaavjo Itah KukveniAncestral Footprints of the Grand Canyon National Monument, Arizona.Proc. No. 10606, Aug. 8, 2023 Badlands National Monument, South Dakota [Monument redesignated Badlands National Park, see section 441e1 of Title 16 Jan. 25, 1939 53 Stat. 2521 Bandelier National Monument, New Mexico.Proc. No. 1322, Feb. 11, 1916 39 Stat. 1764 Feb. 25, 1932 47 Stat. 2503 Jan. 9, 1961 75 Stat. 1014 May 27, 1963 77 Stat. 1006 Pub. L. 94578, title III,  309 Oct. 21, 1976 90 Stat. 2736 Pub. L. 10585, div. C, title XXXI,  3164 Nov. 18, 1997 111 Stat. 2050 Pub. L. 105376 Nov. 12, 1998 112 Stat. 3388 Basin and Range National Monument, Nevada.Proc. No. 9297, July 10, 2015 Bears Ears National Monument, Utah.Proc. No. 9558, Dec. 28, 2016 Sept. 29, 2017 Dec. 4, 2017 Sept. 27, 2019 Sept. 30, 2021 Oct. 8, 2021 Becharof National Monument, Alaska.Proc. No. 4613, Dec. 1, 1978 93 Stat. 1450 Belmont-Paul Womens Equality National Monument, District of Columbia.Proc. No. 9423, Apr. 12, 2016 Bering Land Bridge National Monument, Alaska.Proc. No. 4614, Dec. 1, 1978 93 Stat. 1451 Berryessa Snow Mountain National Monument, California.Proc. No. 9298, July 10, 2015 Big Hole Battlefield National Monument, Montana [Monument redesignated Big Hole National Battlefield, see section 430uu of Title 16 June 23, 1910 June 29, 1939 53 Stat. 2544 Birmingham Civil Rights National Monument, Alabama.Proc. No. 9565, Jan. 12, 2017 Black Canyon of the Gunnison National Monument, Colorado [Monument abolished and lands incorporated in, and funds made available for, Black Canyon of the Gunnison National Park, see section 410fff2 of Title 16 Mar. 2, 1933 47 Stat. 2558 May 16, 1938 52 Stat. 1548 Oct. 28, 1939 54 Stat. 2669 Apr. 8, 1960 c Pub. L. 98357 July 13, 1984 98 Stat. 397 Browns Canyon National Monument, Colorado.Proc. No. 9232, Feb. 19, 2015 Bryce Canyon National Monument, Utah.Proc. No. 1664, June 8, 1923 43 Stat. 1914 Jan. 5, 1931 46 Stat. 3042 May 4, 1931 47 Stat. 2455 Buck Island Reef National Monument, Virgin Islands.Proc. No. 3443, Dec. 28, 1961 76 Stat. 1441 Feb. 1, 1975 89 Stat. 1237 Mar. 28, 1975 89 Stat. 1254 Jan. 17, 2001 Cabrillo National Monument, California.Proc. No. 1255, Oct. 14, 1913 38 Stat. 1965 Feb. 2, 1959 c Sept. 28, 1974 88 Stat. 2514 California Coastal National Monument, California.Proc. No. 7264, Jan. 11, 2000 Mar. 11, 2014 Jan. 12, 2017 Camp Hale-Continental Divide National Monument, Colorado.Proc. No. 10476, Oct. 12, 2022 Camp Nelson National Monument, Kentucky.Proc. No. 9811, Oct. 26, 2018 Canyon De Chelly National Monument, Arizona [see section 445 of Title 16 Apr. 1, 1931 47 Stat. 2448 Mar. 3, 1933 47 Stat. 2562 Canyons of the Ancients National Monument, Colorado.Proc. No. 7317, June 9, 2000 Cape Krusenstern National Monument, Alaska [Monument established as unit of National Park System, see section 410hh(3) of Title 16 Dec. 1, 1978 93 Stat. 1453 Capitol Reef National Monument, Utah [Monument abolished and funds made available to Capitol Reef National Park, see section 273 of Title 16 Aug. 2, 1937 50 Stat. 1856 July 2, 1958 c Jan. 20, 1969 83 Stat. 922 Capulin Mountain National Monument, New Mexico [Monument redesignated Capulin Volcano National Monument by Pub. L. 100225, title V,  506(g) Dec. 31, 1987 101 Stat. 1547 Aug. 9, 1916 39 Stat. 1792 Capulin Volcano National Monument, New Mexico [Monument changed from Capulin Mountain National Monument, see section 460uu46(g) of Title 16 Aug. 9, 1916 39 Stat. 1792 Pub. L. 87635 Sept. 5, 1962 76 Stat. 436 Pub. L. 100225, title V,  506(g) Dec. 31, 1987 101 Stat. 1547 Carlsbad Cave National Monument, New Mexico [Monument redesignated Carlsbad Caverns National Park, see section 407 of Title 16 Oct. 25, 1923 43 Stat. 1929 Carrizo Plain National Monument, California.Proc. No. 7393, Jan. 17, 2001 Casa Grande National Monument, Arizona.Proc. No. 1470, Aug. 3, 1918 40 Stat. 1818 Cascade-Siskiyou National Monument, Oregon.Proc. No. 7318, June 9, 2000 Pub. L. 11111, title I Mar. 30, 2009 123 Stat. 10261031 Jan. 12, 2017 Castillo de San Marcos National Monument, Florida [Monument changed from Fort Marion National Monument by act June 5, 1942, ch. 337 56 Stat. 312 Oct. 15, 1924 43 Stat. 1968 Pub. L. 108480 Dec. 23, 2004 118 Stat. 3907 Castle Mountains National Monument, California.Proc. No. 9394, Feb. 12, 2016 Castle Pinckney National Monument, South Carolina.Proc. No. 1713, Oct. 15, 1924 43 Stat. 1968 Castner Range National Monument, Texas.Proc No. 10534, Mar. 21, 2023 Cedar Breaks National Monument, Utah.Proc. No. 2054, Aug. 22, 1933 48 Stat. 1705 Cesar E. Chavez National Monument, California.Proc. No. 8884, Oct. 8, 2012 Chaco Canyon National Monument, New Mexico [Monument abolished and funds made available to Chaco Culture National Historical Park, see section 410ii1(a) of Title 16 Mar. 11, 1907 35 Stat. 2119 Jan. 10, 1928 45 Stat. 2937 Channel Islands National Monument, California [Monument abolished and incorporated in Channel Islands National Park, see section 410ff of Title 16 Apr. 26, 1938 52 Stat. 1541 Feb. 9, 1949 63 Stat. 1258 Pub. L. 93477, title IV,  401 Oct. 26, 1974 88 Stat. 1447 Pub. L. 94578, title II,  201(9) Oct. 21, 1976 90 Stat. 2733 Charles Young Buffalo Soldiers National Monument, Ohio.Proc. No. 8945, Mar. 25, 2013 Chesapeake and Ohio Canal National Monument, Maryland.Proc. No. 3391, Jan. 18, 1961 75 Stat. 1023 Chimney Rock National Monument, Colorado.Proc. No. 8868, Sept. 21, 2012 Chiricahua National Monument, Arizona.Proc. No. 1692, Apr. 18, 1924 43 Stat. 1946 June 10, 1938 52 Stat. 1551 Cinder Cone National Monument, California.Proc. No. 753, May 6, 1907 35 Stat. 2131 Colonial National Monument, Virginia [Monument redesignated Colonial National Historical Park, see section 81 of Title 16 Dec. 30, 1930 46 Stat. 3041 Aug. 22, 1933 48 Stat. 1706 Colorado National Monument, Colorado.Proc. No. 1126, May 24, 1911 37 Stat. 1681 Mar. 3, 1933 47 Stat. 2563 Aug. 7, 1959 c Pub. L. 94578, title III,  302(a) Oct. 21, 1976 90 Stat. 2734 Craters of the Moon National Monument, Idaho.Proc. No. 1694, May 2, 1924 43 Stat. 1947 July 23, 1928 45 Stat. 2959 July 9, 1930 46 Stat. 3029 July 18, 1941 55 Stat. 1660 Nov. 19, 1962 77 Stat. 960 Pub. L. 104333, div. I, title II,  205 Nov. 12, 1996 110 Stat. 4106 Nov. 9, 2000 Pub. L. 107213,  1 Aug. 21, 2002 116 Stat. 1052 Death Valley National Monument, California and Nevada [Monument abolished and incorporated in Death Valley National Park, see section 410aaa1 of Title 16 Feb. 11, 1933 47 Stat. 2554 Mar. 26, 1937 50 Stat. 1823 Jan. 17, 1952 c Pub. L. 103433, title III,  302 Oct. 31, 1994 108 Stat. 4485 Denali National Monument, Alaska.Proc. No. 4616, Dec. 1, 1978 93 Stat. 1455 Devil Postpile National Monument, California.Proc. No. 1166, July 6, 1911 37 Stat. 1715 Devils Tower National Monument, Wyoming.Proc. No. 658, Sept. 24, 1906 34 Stat. 3236 act Aug. 9, 1955, ch. 647 69 Stat. 575 Dinosaur National Monument, Utah-Colorado.Proc. No. 1313, Oct. 4, 1915 39 Stat. 1752 July 14, 1938 53 Stat. 2454 Pub. L. 100701 Nov. 19, 1988 102 Stat. 4641 Edison Laboratory National Monument, New Jersey [Monument and Edison Home National Historic Site together with certain adjacent lands redesignated Edison National Historic Site by Pub. L. 87628,  1 Sept. 5, 1962 76 Stat. 428 Pub. L. 87628 Pub. L. 11111, title VII,  7110(c)(4) Mar. 30, 2009 123 Stat. 1198 section 410mmm of Title 16 July 14, 1956 c Effigy Mounds National Monument, Iowa.Proc. No. 2860, Oct. 25, 1949 a Pub. L. 106323 Oct. 19, 2000 114 Stat. 1289 El Morro National Monument, New Mexico.Proc. No. 695, Dec. 8, 1906 34 Stat. 3264 June 18, 1917 40 Stat. 1673 Emmett Till and Mamie Till-Mobley National Monument, Illinois and Mississippi.Proc. No. 10602, July 25, 2023 First State National Monument, Delaware [Monument redesignated First State National Historical Park, see section 410rrr of Title 16 Mar. 25, 2013 Fort Jefferson National Monument, Florida [Monument abolished and incorporated in Dry Tortugas National Park, see section 410xx of Title 16 Jan. 4, 1935 49 Stat. 3430 Pub. L. 96287, title II June 28, 1980 94 Stat. 600 Pub. L. 102525, title II,  201(c) Oct. 26, 1992 106 Stat. 3440 Fort Laramie National Monument, Wyoming [Monument redesignated Fort Laramie National Historic Site by Pub. L. 86444,  3 Apr. 29, 1960 74 Stat. 84 July 16, 1938 53 Stat. 2461 Fort Marion National Monument, Florida [Monument redesignated Castillo de San Marcos National Monument by act June 5, 1942, ch. 337 56 Stat. 312 Oct. 15, 1924 43 Stat. 1968 Fort Matanzas National Monument, Florida.Proc. No. 1713, Oct. 15, 1924 43 Stat. 1968 Jan. 9, 1935 49 Stat. 3433 Mar. 24, 1948 62 Stat. 1491 Pub. L. 106524 Nov. 22, 2000 114 Stat. 2493 Fort Monroe National Monument, Virginia.Proc. No. 8750, Nov. 1, 2011 Fort Niagara National Monument, New York.Proc. No. 1745, Sept. 5, 1925 44 Stat. 2582 Fort Ord National Monument, California.Proc. No. 8803, Apr. 20, 2012 Fort Pulaski National Monument, Georgia.Proc. No. 1713, Oct. 15, 1924 43 Stat. 1968 June 26, 1936, ch. 844 49 Stat. 1979 Pub. L. 104333, div. I, title VIII,  807 Nov. 12, 1996 110 Stat. 4188 Fort Wood National Monument, New York.Proc. No. 1713, Oct. 15, 1924 43 Stat. 1968 Fossil Cycad National Monument, South Dakota.Proc. No. 1641, Oct. 21, 1922 42 Stat. 2286 Freedom Riders National Monument, Alabama.Proc. No. 9566, Jan. 12, 2017 Gates of the Arctic National Monument, Alaska.Proc. No. 4617, Dec. 1, 1978 93 Stat. 1457 Giant Sequoia National Monument, California.Proc. No. 7295, Apr. 15, 2000 Gila Cliff-Dwellings National Monument, New Mexico.Proc. No. 781, Nov. 16, 1907 35 Stat. 2162 Apr. 17, 1962 76 Stat. 1465 Glacier Bay National Monument, Alaska [Monument redesignated Glacier Bay National Park, see section 410hh1(1) of Title 16 Feb. 26, 1925 43 Stat. 1988 Apr. 18, 1939 53 Stat. 2534 Mar. 31, 1955 c Dec. 1, 1978 93 Stat. 1458 Gold Butte National Monument, Nevada.Proc. No. 9559, Dec. 28, 2016 Sept. 29, 2017 Sept. 27, 2019 Sept. 30, 2021 Governors Island National Monument, New York.Proc. No. 7402, Jan. 19, 2001 Feb. 7, 2003 Gran Quivira National Monument, New Mexico [Monument abolished and funds made available to Salinas National Monument by Pub. L. 96550, title VI,  601(b) Dec. 19, 1980 94 Stat. 3231 Pub. L. 100559, title I,  101 Oct. 28, 1988 102 Stat. 2797 Mar. 20, 1909 36 Stat. 2503 Nov. 25, 1919 41 Stat. 1778 Grand Canyon National Monument, Arizona.Proc. No. 794, Jan. 11, 1908 35 Stat. 2175 Dec. 22, 1932 47 Stat. 2547 Apr. 4, 1940 54 Stat. 2692 Grand Canyon-Parashant National Monument, Arizona.Proc. No. 7265, Jan. 11, 2000 Grand Staircase-Escalante National Monument, Utah.Proc. No. 6920, Sept. 18, 1996 110 Stat. 4561 Pub. L. 105335 Oct. 31, 1998 112 Stat. 3139 Pub. L. 105355, title II,  201 Nov. 6, 1998 112 Stat. 3252 Pub. L. 106176, title III,  307 Mar. 10, 2000 114 Stat. 33 Dec. 4, 2017 Sept. 27, 2019 Sept. 30, 2021 Oct. 8, 2021 Great Sand Dunes National Monument, Colorado [Monument abolished and incorporated in Great Sand Dunes National Park, see section 410hhh2 of Title 16 Mar. 17, 1932 47 Stat. 2506 Mar. 12, 1946 60 Stat. 1339 June 7, 1956 c Hanford Reach National Monument, Washington.Proc. No. 7319, June 9, 2000 Harriet TubmanUnderground Railroad National Monument, Maryland.Proc. No. 8943, Mar. 25, 2013 Holy Cross National Monument, Colorado [Monument abolished by act Aug. 3, 1950, ch. 530 64 Stat. 404 May 11, 1929 46 Stat. 2993 Honouliuli National Monument, Hawaii [Monument abolished by Pub. L. 1169, title II,  2206(d) Mar. 12, 2019 133 Stat. 741 Feb. 24, 2015 Hovenweep National Monument, Colorado-Utah.Proc. No. 1654, Mar. 2, 1923 42 Stat. 2299 Apr. 26, 1951 c Nov. 20, 1952 c Apr. 6, 1956 c Ironwood Forest National Monument, Arizona.Proc. No. 7320, June 9, 2000 Jackson Hole National Monument, Wyoming [Monument abolished and incorporated in Grand Teton National Park, see section 406d1 of Title 16 Mar. 15, 1943 57 Stat. 731 Jewel Cave National Monument, South Dakota.Proc. No. 799, Feb. 7, 1908 35 Stat. 2180 Pub. L. 89250 Oct. 9, 1965 79 Stat. 971 Joshua Tree National Monument, California [see section 450ii of Title 16 section 410aaa22 of Title 16 Aug. 10, 1936 50 Stat. 1760 Pub. L. 103433, title IV,  402 Oct. 31, 1994 108 Stat. 4488 Kasha-Katuwe Tent Rocks National Monument, New Mexico.Proc. No. 7394, Jan. 17, 2001 Katahdin Woods and Waters National Monument, Maine.Proc. No. 9476, Aug. 24, 2016 Katmai National Monument, Alaska [Monument redesignated Katmai National Park, see section 410hh1(2) of Title 16 Sept. 24, 1918 40 Stat. 1855 Apr. 24, 1931 47 Stat. 2453 June 15, 1936 49 Stat. 3523 Aug. 4, 1942 56 Stat. 1972 Jan. 20, 1969 83 Stat. 926 Dec. 1, 1978 93 Stat. 1460 Kenai Fjords National Monument, Alaska.Proc. No. 4620, Dec. 1, 1978 93 Stat. 1462 Kobuk Valley National Monument, Alaska.Proc. No. 4621, Dec. 1, 1978 93 Stat. 1463 Lake Clark National Monument, Alaska.Proc. No. 4622, Dec. 1, 1978 93 Stat. 1465 Lassen Peak National Monument, California.Proc. No. 754, May 6, 1907 35 Stat. 2132 Lava Beds National Monument, California.Proc. No. 1755, Nov. 21, 1925 44 Stat. 2591 Apr. 27, 1951 c Lehman Caves National Monument, Nevada [Monument abolished and lands incorporated in, and funds made available for, Great Basin National Park, see section 410mm(d) of Title 16 Jan. 24, 1922 42 Stat. 2260 Lewis and Clark Cavern National Monument, Montana.Proc. No. 807, May 11, 1908 35 Stat. 2187 May 16, 1911 37 Stat. 1679 Marble Canyon National Monument, Arizona.Proc. No. 3889, Jan. 20, 1969 83 Stat. 924 Marianas Trench Marine National Monument, Northern Mariana Islands and Guam.Proc. No. 8335, Jan. 6, 2009 Meriwether Lewis National Monument, Tennessee [Monument included in Natchez Trace Parkway, see section 4601 of Title 16 Feb. 6, 1925 43 Stat. 1986 Dec. 6, 1927 45 Stat. 2935 Minidoka Internment National Monument, Idaho [Monument abolished and lands incorporated in Minidoka Historic Site by Pub. L. 110229, title III,  313 May 8, 2008 122 Stat. 770 Pub. L. 113171,  1 Sept. 26, 2014 128 Stat. 1895 Jan. 17, 2001 Misty Fjords National Monument, Alaska [Monument established within Tongass National Forest by Pub. L. 96487, title V,  503(a) Dec. 2, 1980 94 Stat. 2399 Dec. 1, 1978 93 Stat. 1466 Mojave Trails National Monument, California.Proc. No. 9395, Feb. 12, 2016 Montezuma Castle National Monument, Arizona.Proc. No. 696, Dec. 8, 1906 34 Stat. 3265 Feb. 23, 1937 50 Stat. 1817 Pub. L. 108190 Dec. 19, 2003 117 Stat. 2867 Mound City Group National Monument, Ohio [Monument redesignated Hopewell Culture National Historic Park, see section 410uu of Title 16 Mar. 2, 1923 42 Stat. 2298 Pub. L. 96607, title VII,  701 Dec. 28, 1980 94 Stat. 3540 Mount Olympus National Monument, Washington [Monument abolished and lands incorporated in Mount Olympus National Park, see section 251 of Title 16 Mar. 2, 1909 35 Stat. 2247 Apr. 17, 1912 37 Stat. 1737 May 11, 1915 39 Stat. 1726 Jan. 7, 1929 45 Stat. 2984 Muir Woods National Monument, California.Proc. No. 793, Jan. 9, 1908 35 Stat. 2174 Sept. 22, 1921 42 Stat. 2249 Apr. 5, 1935 49 Stat. 3443 June 26, 1951 c Sept. 8, 1959 c Mukuntuweap National Monument, Utah [Monument redesignated Zion National Monument by Proc. No. 1435, Mar. 18, 1918 40 Stat. 1760 section 344 of Title 16 July 31, 1909 36 Stat. 2498 Natural Bridges National Monument, Utah.Proc. No. 804, Apr. 16, 1908 35 Stat. 2183 Sept. 25, 1909 36 Stat. 2502 Feb. 11, 1916 39 Stat. 1764 Aug. 14, 1962 76 Stat. 1495 Navajo National Monument, Arizona.Proc. No. 873, Mar. 20, 1909 36 Stat. 2491 Mar. 14, 1912 37 Stat. 1733 Noatak National Monument, Alaska.Proc. No. 4624, Dec. 1, 1978 93 Stat. 1468 Northeast Canyons and Seamounts Marine National Monument, Atlantic Ocean.Proc. No. 9496, Sept. 15, 2016 June 5, 2020 Oct. 8, 2021 Northwestern Hawaiian Islands Marine National Monument, Hawaii [Monument redesignated Papahanaumokuakea Marine National Monument by Proc. No. 8112, Feb. 28, 2007 June 15, 2006 Ocmulgee National Monument, Georgia [Monument redesignated Ocmulgee Mounds National Historical Park, see section 410yyy3(b)(1) of Title 16 Dec. 23, 1936 50 Stat. 1798 June 13, 1941 55 Stat. 1654 Pub. L. 10267 July 9, 1991 105 Stat. 325 Old Kasaan National Monument, Alaska [Monument abolished and incorporated in Tongass National Forest by act July 26, 1955, ch. 387 69 Stat. 380 Oct. 25, 1916 39 Stat. 1812 Oregon Caves National Monument, Oregon [Monument and land designated as National Preserve to be administered as single unit of National Park System and designated as Oregon Caves National Monument and Preserve, see section 410vvv of Title 16 July 12, 1909 36 Stat. 2497 Organ Mountains-Desert Peaks National Monument, New Mexico.Proc. No. 9131, May 21, 2014 Pub. L. 1169, title I,  1201(a) Mar. 12, 2019 133 Stat. 642 Organ Pipe Cactus National Monument, Arizona.Proc. No. 2232, Apr. 13, 1937 50 Stat. 1827 Pub. L. 10864 July 29, 2003 117 Stat. 874 Pacific Remote Islands Marine National Monument, Wake, Baker, Howland, and Jarvis Islands, Johnston Atoll, Kingman Reef, and Palmyra Atoll.Proc. No. 8336, Jan. 6, 2009 Pacific Remote Islands Marine National Monument Expansion, Wake and Jarvis Islands, Johnston Atoll.Proc. No. 9173, Sept. 25, 2014 Papago Saguaro National Monument, Arizona [Monument abolished by act Apr. 7, 1930, ch. 107 46 Stat. 142 Pub. L. 109163, div. B, title XXVIII,  2873 Jan. 6, 2006 119 Stat. 3535 Jan. 31, 1914 38 Stat. 1991 Papahanaumokuakea Marine National Monument, Hawaii [Monument changed from Northwestern Hawaiian Islands Marine National Monument by Proc. No. 8112, Feb. 28, 2007 June 15, 2006 Papahanaumokuakea Marine National Monument Expansion, Hawaii.Proc. No. 9478, Aug. 26, 2016 Perrys Victory and International Peace Memorial National Monument, Ohio.Proc. No. 2182, July 6, 1936 50 Stat. 1734 Petrified Forest National Monument [Monument disestablished on establishment of Petrified Forest National Park, see sections 119 and 444 of Title 16, Conservation].Proc. No. 697, Dec. 8, 1906 34 Stat. 3266 July 31, 1911 37 Stat. 1716 Nov. 14, 1930 46 Stat. 3040 Nov. 30, 1931 47 Stat. 2486 Sept. 23, 1932 47 Stat. 2532 Pinnacles National Monument, California [Monument abolished and lands and interests therein incorporated within and made part of Pinnacles National Park, see section 410 ooo Jan. 16, 1908 35 Stat. 2177 May 7, 1923 43 Stat. 1911 July 2, 1924 43 Stat. 1961 Apr. 13, 1931 47 Stat. 2451 July 11, 1933 48 Stat. 1701 Dec. 5, 1941 55 Stat. 1709 Jan. 11, 2000 Pipe Spring National Monument, Arizona.Proc. No. 1663, May 31, 1923 43 Stat. 1913 Pompeys Pillar National Monument, Montana.Proc. No. 7396, Jan. 17, 2001 President Lincoln and Soldiers Home National Monument, District of Columbia.Proc. No. 7329, July 7, 2000 Pullman National Monument, Illinois [Monument redesignated Pullman National Historical Park, see section 410jjjj(b)(1) of Title 16 Feb. 19, 2015 section 410jjjj(b)(4) of Title 16 Rainbow Bridge National Monument, Utah.Proc. No. 1043, May 30, 1910 36 Stat. 2703 Reconstruction Era National Monument, South Carolina [Monument redesignated Reconstruction Era National Historical Park, see section 410bbbb(b)(1) of Title 16 Jan. 12, 2017 Rio Grande del Norte National Monument, New Mexico.Proc. No. 8946, Mar. 25, 2013 Rose Atoll Marine National Monument, American Samoa.Proc. No. 8337, Jan. 6, 2009 Russell Cave National Monument, Alabama.Proc. No. 3413, May 11, 1961 75 Stat. 1058 Saguaro National Monument, Arizona [Monument abolished and incorporated in Saguaro National Park, see section 410zz1 of Title 16 Mar. 1, 1933 47 Stat. 2557 Nov. 15, 1961 76 Stat. 1437 Pub. L. 10261 June 19, 1991 105 Stat. 303 Pub. L. 103364,  3 Oct. 14, 1994 108 Stat. 3467 San Gabriel Mountains National Monument, California.Proc. No. 9194, Oct. 10, 2014 San Juan Islands National Monument, Washington.Proc. No. 8947, Mar. 25, 2013 Sept. 30, 2015 Sept. 29, 2017 Sept. 27, 2019 Sept. 30, 2021 Sand to Snow National Monument, California.Proc. No. 9396, Feb. 12, 2016 Santa Rosa Island National Monument, Florida.Proc. No. 2337, May 17, 1939 53 Stat. 2542 Aug. 13, 1945 59 Stat. 877 Scotts Bluff National Monument, Nebraska.Proc. No. 1547, Dec. 12, 1919 41 Stat. 1779 June 1, 1932 47 Stat. 2512 Mar. 29, 1940 54 Stat. 2690 Shoshone Cavern National Monument, Wyoming [Monument abolished by act May 17, 1954, ch. 203 68 Stat. 98 Sept. 21, 1909 36 Stat. 2501 Sieur de Monts National Monument, Maine.Proc. No. 1339, July 8, 1916 39 Stat. 1785 Sitka National Monument, Alaska [Monument redesignated Sitka National Historical Park by Pub. L. 92501 Oct. 18, 1972 86 Stat. 904 Pub. L. 106291, title I,  130 Oct. 11, 2000 114 Stat. 946 Mar. 23, 1910 36 Stat. 2601 Feb. 25, 1952 c Sonoran Desert National Monument, Arizona.Proc. No. 7397, Jan. 17, 2001 Statue of Liberty National Monument.Proc. No. 1713, Oct. 15, 1924 43 Stat. 1968 Sept. 7, 1937 51 Stat. 393 May 11, 1965 79 Stat. 1490 Stonewall National Monument, New York.Proc. No. 9465, June 24, 2016 Sunset Crater Volcano National Monument, Arizona [Monument changed from Sunset Crater National Monument by Pub. L. 101612,  15 Nov. 16, 1990 104 Stat. 3222 May 26, 1930 46 Stat. 3023 Pub. L. 117328, div. DD, title VI,  611 Dec. 29, 2022 136 Stat. 5602 Timpanogos Cave National Monument, Utah.Proc. No. 1640, Oct. 14, 1922 42 Stat. 2285 Mar. 27, 1962 76 Stat. 1457 Pub. L. 107329, title I Dec. 6, 2002 116 Stat. 2815 Tonto National Monument, Arizona.Proc. No. 787, Dec. 19, 1907 35 Stat. 2168 Apr. 1, 1937 50 Stat. 1825 Tumacacori National Monument, Arizona [Monument abolished and lands incorporated in, and funds made available for, Tumacacori National Historical Park, see section 410ss of Title 16 Sept. 15, 1908 35 Stat. 2205 Mar. 28, 1958 c Tuzigoot National Monument, Arizona.Proc. No. 2344, July 25, 1939 53 Stat. 2548 Upper Missouri River Breaks National Monument, Montana.Proc. No. 7398, Jan. 17, 2001 Verendrye National Monument, North Dakota.Proc. No. 1380, June 29, 1917 40 Stat. 1677 Vermilion Cliffs National Monument, Arizona.Proc. No. 7374, Nov. 9, 2000 Virgin Islands Coral Reef National Monument, Virgin Islands.Proc. No. 7399, Jan. 17, 2001 Waco Mammoth National Monument, Texas.Proc. No. 9299, July 10, 2015 Walnut Canyon National Monument, Arizona.Proc. No. 1318, Nov. 30, 1915 39 Stat. 1761 Sept. 24, 1938 53 Stat. 2469 Pub. L. 104333, div. I, title II,  208 Nov. 12, 1996 110 Stat. 4107 Wheeler National Monument, Colorado [Monument abolished by act Aug. 3, 1950, ch. 534 64 Stat. 405 Dec. 7, 1908 35 Stat. 2214 White Sands National Monument, New Mexico.Proc. No. 2025, Jan. 18, 1933 47 Stat. 2551 Nov. 28, 1934 49 Stat. 3426 Aug. 29, 1938 53 Stat. 2465 June 24, 1953 c Pub. L. 104201, div. B, title XXVIII,  2854 Sept. 23, 1996 110 Stat. 2803 Pub. L. 11692, div. B, title XXVIII,  2851(c)(2)(C) Dec. 20, 2019 133 Stat. 1897 World War II Valor In the Pacific National Monument, Alaska, California, and Hawaii [Monument redesignated Pearl Harbor National Memorial, Tule Lake National Monument, and Aleutian Islands World War II National Monument by Pub. L. 1169, title II,  2206(a) Mar. 12, 2019 133 Stat. 740 Dec. 5, 2008 Pub. L. 115170 May 7, 2018 132 Stat. 1286 Wrangell-St. Elias National Monument, Alaska.Proc. No. 4625, Dec. 1, 1978 93 Stat. 1470 Wupatki National Monument, Arizona.Proc. No. 1721, Dec. 9, 1924 43 Stat. 1977 July 9, 1937 52 Stat. 1841 Jan. 20, 1941 55 Stat. 1608 Pub. L. 104333, div. I, title II,  207 Nov. 12, 1996 110 Stat. 4107 Yucca House National Monument, Colorado.Proc. No. 1549, Dec. 19, 1919 41 Stat. 1781 Pub. L. 104333, div. I, title II,  201 Nov. 12, 1996 110 Stat. 4105 Pub. L. 116329 Jan. 13, 2021 134 Stat. 5100 Yukon-Charley National Monument, Alaska.Proc. No. 4626, Dec. 1, 1978 93 Stat. 1472 Yukon Flats National Monument, Alaska.Proc. No. 4627, Dec. 1, 1978 93 Stat. 1473 Zion National Monument, Utah [Monument combined with Zion National Park into a single National park unit, see section 346b of Title 16 July 31, 1909 36 Stat. 2498 Mar. 18, 1918 40 Stat. 1760 section 344 of Title 16 Jan. 22, 1937 50 Stat. 1809       Miscellaneous National Monuments   Agate Fossil Beds National Monument, Nebraska. Pub. L. 8933 June 5, 1965 79 Stat. 123 Aleutian Islands World War II National Monument, Alaska. Pub. L. 1169, title II,  2206(c) Mar. 12, 2019 133 Stat. 741 Alibates Flint Quarries National Monument, Texas. Pub. L. 89154 Aug. 31, 1965 79 Stat. 587 Pub. L. 95625, title III,  321(c) Nov. 10, 1978 92 Stat. 3488 Camp Nelson Heritage National Monument, Kentucky. Pub. L. 1169, title II,  2303 Mar. 12, 2019 133 Stat. 745 Congaree Swamp National Monument, South Carolina [Monument redesignated Congaree National Park, see section 410jjj of Title 16 El Malpais National Monument, New Mexico. Pub. L. 100225, title I Dec. 31, 1987 101 Stat. 1539 16 U.S.C. 460uu Florissant Fossil Beds National Monument, Colorado. Pub. L. 9160 Aug. 20, 1969 83 Stat. 101 Pub. L. 1169, title II,  2106 Mar. 12, 2019 133 Stat. 726 Fossil Butte National Monument, Wyoming. Pub. L. 92537 Oct. 23, 1972 86 Stat. 1069 Hagerman Fossil Beds National Monument, Idaho. Pub. L. 100696, title III Nov. 18, 1988 102 Stat. 4575 Pub. L. 101512, title I Nov. 5, 1990 104 Stat. 1923 Pub. L. 104333, div. I, title II,  206 Nov. 12, 1996 110 Stat. 4106 Pub. L. 106421 Nov. 1, 2000 114 Stat. 1870 Hohokam Pima National Monument, Arizona. Pub. L. 92525 Oct. 21, 1972 86 Stat. 1047 John Day Fossil Beds National Monument, Oregon. Pub. L. 93486, title I,  101(a)(2) Oct. 26, 1974 88 Stat. 1461 Jurassic National Monument, Utah. Pub. L. 1169, title I,  1252 Mar. 12, 2019 133 Stat. 676 Kill Devil National Monument, North Carolina. Act Mar. 2, 1927, ch. 251 44 Stat. 1264 Dec. 1, 1953 Little Bighorn Battlefield National Monument, Montana. Pub. L. 102201 Dec. 10, 1991 105 Stat. 1631 Medgar and Myrlie Evers Home National Monument, Mississippi. Pub. L. 1169, title II,  2301 Mar. 12, 2019 133 Stat. 743 Mill Springs Battlefield National Monument, Kentucky. Pub. L. 1169, title II,  2302 Mar. 12, 2019 133 Stat. 744 Mount St. Helens National Volcanic Monument, Washington. Pub. L. 97243 Aug. 26, 1982 96 Stat. 301 Pub. L. 105279 Oct. 23, 1998 112 Stat. 2690 National Military Working Dog Teams Monument, Virginia. Pub. L. 110181, div. B, title XXVIII,  2877 Jan. 28, 2008 122 Stat. 563 Pub. L. 11184, div. B, title XXVIII,  2871 Oct. 28, 2009 123 Stat. 2696 Newberry National Volcanic Monument, Oregon. Pub. L. 101522 Nov. 5, 1990 104 Stat. 2288 Pecos National Monument, New Mexico [included in Pecos National Historical Park by Pub. L. 101313, title II,  202(b) June 27, 1990 104 Stat. 278 16 U.S.C. 410rr1(b) Pub. L. 8954 June 28, 1965 79 Stat. 195 Pub. L. 94578, title III,  317 Oct. 21, 1976 90 Stat. 2737 Pub. L. 101313, title II,  202(c) June 27, 1990 104 Stat. 278 16 U.S.C. 410rr1(c) Petroglyph National Monument, New Mexico. Pub. L. 101313, title I June 27, 1990 104 Stat. 272 Pub. L. 10350 July 2, 1993 107 Stat. 252 Pub. L. 104333, div. I, title VIII,  814(d)(2)(D) Nov. 12, 1996 110 Stat. 4196 Pub. L. 105174, title III,  3005 May 1, 1998 112 Stat. 82 Poverty Point National Monument, Louisiana. Pub. L. 100560 Oct. 31, 1988 102 Stat. 2803 Prehistoric Trackways National Monument, New Mexico. Pub. L. 11111, title II Mar. 30, 2009 123 Stat. 10961099 Saint Francis Dam Disaster National Monument, California. Pub. L. 1169, title I,  1111 Mar. 12, 2019 133 Stat. 611 Salinas Pueblo Missions National Monument, New Mexico. Pub. L. 96550, title VI,  601 Dec. 19, 1980 94 Stat. 3231 Pub. L. 100559, title I,  101 Oct. 28, 1988 102 Stat. 2797 Santa Rosa and San Jacinto Mountains National Monument, California. Pub. L. 106351 Oct. 24, 2000 114 Stat. 1362 Pub. L. 106434,  2 Nov. 6, 2000 114 Stat. 1913 Pub. L. 11111, title I,  1853 Mar. 30, 2009 123 Stat. 1068 Tule Lake National Monument, California. Pub. L. 1169, title II,  2206(b) Mar. 12, 2019 133 Stat. 741 Tule Springs Fossil Beds National Monument, Nevada. Pub. L. 113291, div. B, title XXX,  3092(a) Dec. 19, 2014 128 Stat. 3861       National Memorials   AIDS Memorial Grove National Memorial, California. Pub. L. 104333, div. I, title V,  516 Nov. 12, 1996 110 Stat. 4170 Arkansas Post National Memorial, Arkansas. Pub. L. 86595 July 6, 1960 74 Stat. 333 Pub. L. 94578, title II,  201(2) Oct. 21, 1976 90 Stat. 2733 Pub. L. 10583, title I,  126 Nov. 14, 1997 111 Stat. 1567 Arlington House, The Robert E. Lee Memorial, Virginia. Act Mar. 4, 1925, ch. 562 43 Stat. 1356 act June 29, 1955, ch. 223 69 Stat. 190 Pub. L. 93333 June 30, 1972 86 Stat. 401 Pub. L. 11692, div. B, title XXVIII,  2834(e)(4) Dec. 20, 2019 133 Stat. 1894 Astronauts Memorial, John F. Kennedy Space Center, Florida.Recognized as national memorial to astronauts who die in line of duty by Pub. L. 10241 May 8, 1991 105 Stat. 242 Battle of Midway National Memorial, Midway Atoll. Pub. L. 106113, div. B,  1000(a)(3) [title I,  126] Nov. 29, 1999 113 Stat. 1535 Benjamin Franklin National Memorial, Pennsylvania.Designation of Benjamin Franklin Memorial Hall as National Memorial by Pub. L. 92551 Oct. 25, 1972 86 Stat. 1164 Bosque Redondo Memorial, New Mexico. Pub. L. 106511, title II Nov. 13, 2000 114 Stat. 2369 Pub. L. 108204, title I,  101 Mar. 2, 2004 118 Stat. 543 Buffalo Soldiers Memorial, Louisiana. Pub. L. 109152 Dec. 30, 2005 119 Stat. 2887 Chamizal National Memorial, Texas. Pub. L. 89479 June 30, 1966 80 Stat. 232 Pub. L. 94578, title II,  201(3) Oct. 21, 1976 90 Stat. 2733 Coronado National Memorial, Arizona.Acts Aug. 18, 1941, ch. 365,  1 55 Stat. 630 July 9, 1952, ch. 610 66 Stat. 510 16 U.S.C. 450y Nov. 5, 1952 c Custis-Lee Mansion National Memorial, Virginia.Transferred to and renamed Arlington House, The Robert E. Lee Memorial. David Berger Memorial, Ohio. Pub. L. 96199, title I,  116 Mar. 5, 1980 94 Stat. 71 Disabled American Veterans Vietnam Veterans National Memorial, New Mexico.Recognized as a memorial of national significance by Pub. L. 100164 Nov. 13, 1987 101 Stat. 905 Distinguished Flying Cross National Memorial, California. Pub. L. 113132 July 25, 2014 128 Stat. 1727 El Paso Community Healing Garden National Memorial, Texas. Pub. L. 117328, div. DD, title VII,  706 Dec. 29, 2022 136 Stat. 5619 Father Marquette National Memorial, Michigan. Pub. L. 94160 Dec. 20, 1975 89 Stat. 848 Federal Hall National Memorial, New York.Designated May 26, 1939 act Aug. 11, 1955, ch. 779,  3 69 Stat. 633 Flight 93 National Memorial, Pennsylvania. Pub. L. 107226 Sept. 24, 2002 116 Stat. 1345 Pub. L. 110161, div. F, title I,  128 Dec. 26, 2007 121 Stat. 2122 Fort Caroline National Memorial, Florida. Act Sept. 21, 1950, ch. 973 64 Stat. 897 Jan. 16, 1953 Franklin Delano Roosevelt National Memorial, District of Columbia.Acts Aug. 11, 1955, ch. 833 69 Stat. 694 Sept. 1, 1959 Pub. L. 86214 73 Stat. 445 Oct. 18, 1962 Pub. L. 87842 76 Stat. 1079 Oct. 30, 1965 Pub. L. 89305 79 Stat. 1126 Sept. 8, 1970 Pub. L. 91398 84 Stat. 837 June 30, 1972 Pub. L. 92332 86 Stat. 401 July 28, 1982 Pub. L. 97224 96 Stat. 243 Oct. 1, 1996 Pub. L. 104221 110 Stat. 3024 July 24, 1997 Pub. L. 10529 111 Stat. 246 Nov. 14, 1997 Pub. L. 10583, title III,  335 111 Stat. 1601 Hamilton Grange National Memorial, New York. Pub. L. 87438 Apr. 27, 1962 76 Stat. 57 Pub. L. 100701,  1 Nov. 19, 1988 102 Stat. 4640 Pub. L. 106482 Nov. 9, 2000 114 Stat. 2192 House Where Lincoln Died National Memorial, District of Columbia. Act June 11, 1896, ch. 420 29 Stat. 439 Johnstown Flood National Memorial, Pennsylvania. Pub. L. 88546 Aug. 31, 1964 78 Stat. 752 Pub. L. 108313 Oct. 5, 2004 118 Stat. 1196 Kol Israel Foundation Holocaust National Memorial, Ohio. Pub. L. 117328, div. DD, title VII,  701 Dec. 29, 2022 136 Stat. 5616 Lincoln Boyhood National Memorial, Indiana. Pub. L. 87407 Feb. 19, 1962 76 Stat. 9 Lincoln Museum National Memorial, District of Columbia. Act Apr. 7, 1866, ch. 28,  1 14 Stat. 23 Lincoln National Memorial, District of Columbia. Act Feb. 9, 1911, ch. 42 36 Stat. 898 Medicine Creek Treaty National Memorial, Washington. Pub. L. 114101,  3 Dec. 18, 2015 129 Stat. 2203 Memorial to the Victims of the Shooting at the Washington Navy Yard on September 16, 2013 Pub. L. 113291, div. B, title XXVIII,  2853 Dec. 19, 2014 128 Stat. 3715 Military Divers Memorial. Pub. L. 11366, div. B, title XXVIII,  2842 Dec. 26, 2013 127 Stat. 1024 Mount Rushmore National Memorial, South Dakota. Act Feb. 25, 1929, ch. 315 45 Stat. 1300 Mt. Soledad Veterans Memorial, California. Pub. L. 108447, div. J, title I,  116 Dec. 8, 2004 118 Stat. 3346 Pub. L. 109272 Aug. 14, 2006 120 Stat. 770 Pub. L. 109364, div. A, title X,  1071(d) Oct. 17, 2006 120 Stat. 2401 Pub. L. 113291, div. B, title XXVIII,  2852 Dec. 19, 2014 128 Stat. 3713 National D-Day Memorial, Virginia. Pub. L. 104201, div. A, title X,  1080 Sept. 23, 1996 110 Stat. 2670 National Fallen Firefighters Memorial, Maryland. Pub. L. 101347 Aug. 9, 1990 104 Stat. 398 National Law Enforcement Officers Memorial, District of Columbia.Establishment of Maintenance Fund by Pub. L. 104329, title II,  201 Oct. 20, 1996 110 Stat. 4011 Pub. L. 109314 Oct. 6, 2006 120 Stat. 1739 National Medal of Honor Sites. Pub. L. 10683 Oct. 28, 1999 113 Stat. 1293 National Memorial to Fallen Educators, Kansas. Pub. L. 115169 Apr. 30, 2018 132 Stat. 1285 National Pulse Memorial, Florida. Pub. L. 11720 June 25, 2021 135 Stat. 291 National Veterans Memorial and Museum, Ohio. Pub. L. 115186 June 21, 2018 132 Stat. 1487 Patrick Henry National Memorial, Virginia. Pub. L. 99296 May 12, 1986 100 Stat. 429 Pearl Harbor National Memorial, Hawaii. Pub. L. 1169, title II,  2206(a) Mar. 12, 2019 133 Stat. 740 Port Chicago National Memorial, California. Pub. L. 102562, title II Oct. 28, 1992 106 Stat. 4235 Pub. L. 11184, div. B, title XXVIII,  2853(a) Oct. 28, 2009 123 Stat. 2685 Prisoner of War/Missing in Action National Memorial, California. Pub. L. 108454, title VI,  601 Dec. 10, 2004 118 Stat. 3623 Richard L. Kohnstamm Memorial Area, Oregon. Pub. L. 11111, title I,  1202(b) Mar. 30, 2009 123 Stat. 1009 Saint Francis Dam Disaster National Memorial, California. Pub. L. 1169, title I,  1111 Mar. 12, 2019 133 Stat. 611 Seabees of the United States Navy Memorial. Pub. L. 92422 Sept. 18, 1972 86 Stat. 678 Signers of the Declaration of Independence Memorial, District of Columbia. Pub. L. 95260 Apr. 17, 1978 92 Stat. 197 Thomas Jefferson National Memorial, District of Columbia. Act June 26, 1934, ch. 763 48 Stat. 1243 United States Marine Corps Memorial, Virginia. Act July 1, 1947, ch. 196 61 Stat. 242 July 7, 1952, ch. 585 66 Stat. 441 June 16, 1953, ch. 120 67 Stat. 64 United States National Civil Defense Monument, Maryland.Authorized by Pub. L. 106103 Nov. 13, 1999 113 Stat. 1482 United States Navy Memorial, District of Columbia. Pub. L. 96199, title I,  113 Mar. 5, 1980 94 Stat. 70 U.S.S. Indianapolis Memorial, Indiana. Pub. L. 103160, div. A, title XI,  1165 Nov. 30, 1993 107 Stat. 1765 USS Oklahoma Memorial, Hawaii. Pub. L. 109163, div. A, title X,  1017 Jan. 6, 2006 119 Stat. 3425 Vietnam Veterans Memorial, District of Columbia. Pub. L. 96297 July 1, 1980 94 Stat. 827 Pub. L. 106214,  1 June 15, 2000 114 Stat. 335 Pub. L. 108126, title I,  101 Nov. 17, 2003 117 Stat. 1348 Pub. L. 111270,  1 Oct. 12, 2010 124 Stat. 2851 Pub. L. 11274, div. E, title IV,  420 Dec. 23, 2011 125 Stat. 1045 Pub. L. 11321 July 18, 2013 127 Stat. 490 Washington Monument National Memorial, District of Columbia. Act Aug. 2, 1876, ch. 250,  1 19 Stat. 123 White Cross World War I Memorial, California. Pub. L. 107117, div. A, title VIII,  8137 Jan. 10, 2002 115 Stat. 2278 Pub. L. 10887, title VIII,  8121 Sept. 30, 2003 117 Stat. 1100 World War II Memorial, Guam. Pub. L. 106398,  1 [div. B, title XXVIII,  2886] Oct. 30, 2000 114 Stat. 1654 Pub. L. 107107, div. B, title XXVIII,  2868 Dec. 28, 2001 115 Stat. 1334 Wright Brothers National Memorial, North Carolina.Kill Devil Hill National Monument authorized by act Mar. 2, 1927, ch. 251 44 Stat. 1264 Dec. 1, 1953 Grants for 9/11 Memorials Pub. L. 115413 Jan. 3, 2019 132 Stat. 5427 Sept. 11, 2001 Jan. 3, 2019 Albert Einstein Memorial Pub. L. 95625, title VI,  612 Nov. 10, 1978 92 Stat. 3521 Pub. L. 9687, title IV,  401 o Oct. 12, 1979 93 Stat. 666  320302. Permits (a)  Authority To Grant Permit The Secretary, the Secretary of Agriculture, or the Secretary of the Army may grant a permit for the examination of ruins, the excavation of archeological sites, and the gathering of objects of antiquity on land under their respective jurisdictions to an institution that the Secretary concerned considers properly qualified to conduct the examination, excavation, or gathering, subject to such regulations as the Secretary concerned may prescribe. (b)  Purpose of Examination, Excavation, or Gathering A permit may be granted only if (1) the examination, excavation, or gathering is undertaken for the benefit of a reputable museum, university, college, or other recognized scientific or educational institution, with a view to increasing the knowledge of the objects; and (2) the gathering shall be made for permanent preservation in a public museum. ( Pub. L. 113287,  3 Dec. 19, 2014 128 Stat. 3260        Historical and Revision Notes  Revised Section Source (U.S. Code) Source (Statutes at Large)  320302 16 U.S.C. 432 June 8, 1906, ch. 3060,  3 34 Stat. 225 July 26, 1947, ch. 343 61 Stat. 501 In subsection (a), section 205(a) of the National Security Act of 1947 (ch. 343, 61 Stat. 501 section 53 of the Act of August 10, 1956 70A Stat. 676 Section 1 of the Act of August 10, 1956 70A Stat. 1  320303. Regulations  The Secretary, the Secretary of Agriculture, and the Secretary of the Army shall make and publish uniform regulations for the purpose of carrying out this chapter. ( Pub. L. 113287,  3 Dec. 19, 2014 128 Stat. 3260        Historical and Revision Notes  Revised Section Source (U.S. Code) Source (Statutes at Large)  320303 16 U.S.C. 432 June 8, 1906, ch. 3060,  4 34 Stat. 225