### §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 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. 113–287, §3, Dec. 19, 2014, 128 Stat. 3132.)

| *Revised* Section | *Source (U.S. Code)* | *Source (Statutes at Large)* |
| ----------------- | -------------------- | ---------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- |
| 101521 | 16 U.S.C. 2302. | Pub. L. 95–344, title III, §302, Aug. 15, 1978, 92 Stat. 478; Pub. L. 103–437, §6(d)(18), Nov. 2, 1994, 108 Stat. 4584; Pub. L. 104–333, div. I, title VIII, §814(d)(1)(A), Nov. 12, 1996, 110 Stat. 4195. |

The text of 16 U.S.C. 2302(d) is omitted as superseded by 16 U.S.C. 5981, restated as section 101531 of the new title.

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)" are omitted as obsolete because that Act was repealed by section 415(a) of the National Parks Omnibus Management Act of 1998 (Public Law 105–391, 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 104–88, 109 Stat. 802), in which provisions comparable to section 10526(a)(9) were enacted as section 13506(a)(9) (109 Stat. 862). The words "section 10526(a)(9)" previously had been substituted for "section 203(b)(4) of the Interstate Commerce Act (49 U.S.C. 303(b)(4))" because of section 3(b) of the Act of October 17, 1978 (Public Law 95–473, 92 Stat, 1466), the 1st section of which enacted subtitle IV of title 49.

#### **Statutory Notes and Related Subsidiaries**

#### Congressional Statement of Purpose

Pub. L. 95–344, title III, §301(b), Aug. 15, 1978, 92 Stat. 478, provided that "The purpose of this title [see Tables for classification] is to make the National Park System more accessible in a manner consistent with the preservation of parks and the conservation of energy by encouraging the use of transportation modes other than personal motor vehicles for access to and within units of the National Park System with minimum disruption to nearby communities through authorization of a pilot transportation program."

1  So in original. Probably should be " Acquisition ".