H5452 CONGRESSIONAL RECORD — HOUSE July 31, 2012 

would actually be counterproductive, 

and this bill protects that. 

b 1930 

The bill reauthorizes funding under 

the Adam Walsh Act for treatment of 

juvenile sex offenders. And the bill requires the public safety impact of longterm or lifetime registration on juvenile registrants to be studied. 

Finally, H.R. 3796 lowers the age 

after which certain juveniles adjudicated delinquent with a clean record 

can apply for removal from the sex offender registry from 25 years down to 

15 years. This is an improvement to 

current law, given the research documenting that sex offender treatment 

reduces recidivism by more than 90 percent for juveniles and that long-term 

public registry adversely impacts the 

rehabilitation of teenage offenders, 

though for the same reasons it would 

have been best to eliminate the requirement to put juveniles on the registry in the first place. 

I am pleased, therefore, that H.R. 

3796, in reauthorizing the Adam Walsh 

Act, has improved at least in these aspects. I regret that it didn’t improve 

some of the things that weren’t addressed in the bill. But I think it’s important that we pass the bill, and I 

urge my colleagues to vote in favor of 

this bill. 

I reserve the balance of my time. 

Mr. SMITH of Texas. Mr. Speaker, I 

yield such time as he may consume to 

the gentleman from Wisconsin (Mr. 

SENSENBRENNER), former chairman of 

the Judiciary Committee and the sponsor of this legislation. 

Mr. SENSENBRENNER. Mr. Speaker, the Adam Walsh Child Protection 

and Safety Act, enacted in 2006, is landmark legislation intended to keep our 

communities—and most importantly 

our children—safe from sex offenders 

and other dangerous predators. 

This bipartisan bill strengthened sex 

offender registry requirements and enforcement, extended Federal registry 

requirements to Indian tribes, and authorized funding for several programs 

intended to address and deter child exploitation. 

The centerpiece of the Adam Walsh 

Act is the national Sex Offender Registration and Notification Act, or 

SORNA. SORNA’s goal is to create a 

seamless national sex offender registry 

to assist law enforcement efforts to detect and track offenders. SORNA provides minimum standards for State sex 

offender registries and created the Dru 

Sjodin National Sex Offender Public 

Website, which allows law enforcement 

officials and the general public to 

search for sex offenders nationwide 

from just one Web site. 

H.R. 3796, the Adam Walsh Reauthorization Act of 2012, reauthorizes two 

key programs from the original Adam 

Walsh Act—grants to the States and 

other jurisdictions to implement the 

Adam Walsh Act sex offender registry 

requirements, and funding for U.S. 

Marshals to locate and apprehend sex 

offenders who violate registration requirements. These programs are crucial to efforts to complete and enforce 

the national network of sex offender 

registries, particularly in light of the 

already-passed July 2011 deadline for 

the States to come into compliance 

with SORNA. H.R. 3796 reauthorizes 

both these programs at levels commensurate with their fiscal year 2012 appropriations. 

The bill also makes changes to the 

SORNA sex offender registry requirements in response to feedback from the 

States. The bill changes the period of 

time after which juveniles adjudicated 

delinquent can petition to be removed 

from the sex offender registry for a 

clean record from 25 years to 15 years, 

and provides that juveniles do not need 

to be included on a publicly viewed sex 

offender registry. Instead, it is sufficient for juveniles to be included on 

registries that are only viewed by law 

enforcement entities. The bill, as 

amended by the Judiciary Committee, 

also reauthorizes grants for the treatment of juvenile sex offenders. I believe 

these provisions strike an appropriate 

balance between being tough on juveniles who commit serious sex crimes 

but understanding that there can be 

differences between adult and juvenile 

offenders. 

The Adam Walsh Act has already 

been a public safety success. To date, 

the Justice Department has deemed 50 

jurisdictions substantially compliant 

with the SORNA requirements, with 

two Indian tribes meeting this goal in 

just the 2 weeks since the Judiciary 

Committee considered H.R. 3796 at 

markup. 

I urge my colleagues to support this 

bill. 

Mr. SCOTT of Virginia. Mr. Speaker, 

I yield back the balance of my time. 

Mr. SMITH of Texas. Mr. Speaker, I 

yield back the balance of my time. 

The SPEAKER pro tempore. The 

question is on the motion offered by 

the gentleman from Texas (Mr. SMITH) 

that the House suspend the rules and 

pass the bill, H.R. 3796, as amended. 

The question was taken. 

The SPEAKER pro tempore. In the 

opinion of the Chair, two-thirds being 

in the affirmative, the ayes have it. 

Mr. SCOTT of Virginia. Mr. Speaker, 

I object to the vote on the ground that 

a quorum is not present and make the 

point of order that a quorum is not 

present. 

The SPEAKER pro tempore. Pursuant to clause 8 of rule XX, further proceedings on this question will be postponed. 

The point of no quorum is considered 

withdrawn. 

f 

RECODIFICATION OF EXISTING 

LAWS RELATED TO NATIONAL 

PARK SERVICE 

Mr. SMITH of Texas. Mr. Speaker, I 

move to suspend the rules and pass the 

bill (H.R. 1950) to enact title 54, United 

States Code, ‘‘National Park System’’, 

as positive law, as amended. 

The Clerk read the title of the bill. 

The text of the bill is as follows: 

H.R. 1950 

Be it enacted by the Senate and House of Representatives of the United States of America in 

Congress assembled, 

SECTION 1. TABLE OF CONTENTS. 

The table of contents for this Act is as follows: 

Sec. 1. Table of contents. 

Sec. 2. Purpose; conformity with original intent. 

Sec. 3. Enactment of title 54, United States 

Code. 

Sec. 4. Conforming amendments. 

Sec. 5. Conforming cross-references. 

Sec. 6. Transitional and savings provisions. 

Sec. 7. Repeals. 

SEC. 2. PURPOSE; CONFORMITY WITH ORIGINAL 

INTENT. 

(a) PURPOSE.—The purpose of this Act 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 93–554 

(2 U.S.C. 285b(1)). 

SEC. 3. ENACTMENT OF TITLE 54, UNITED STATES 

CODE. 

Title 54, United States Code, ‘‘National Park 

Service and Related Programs’’, is enacted as 

follows: 

TITLE 54—NATIONAL PARK SERVICE AND 

RELATED PROGRAMS 

Subtitle I—National Park System 

Division A—Establishment 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 

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 through 1047 .................................... Reserved 

1049. Miscellaneous .................................. 104901 

Division B—System Units and Related Areas—Reserved 

Subtitle II—Outdoor Recreation Programs 

2001. Coordination of Programs ................ 200101 

2003. Land and Water Conservation Fund 200301 

2005. Urban Park and Recreation Recovery 

Program ........................................ 200501 

Subtitle III—National Preservation 

Programs 

Division A—Historic Preservation 

Subdivision 1—General Provisions 

3001. Policy ............................................. 300101 

3003. Definitions ...................................... 300301 

Subdivision 2—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 


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3029. Grants ............................................ 302901 

3031. Historic Preservation Fund .............. 303101 

3033 Through 3037 ................................... Reserved 

3039. Miscellaneous .................................. 303901 

Subdivision 3—Advisory Council 

on Historic Preservation 

3041. Advisory Council on Historic Preservation ........................................... 304101 

Subdivision 4—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 5—Federal Agency Historic Preservation Responsibilities 

3061. Program Responsibilities and Authorities ........................................ 306101 

Subdivision 6—Miscellaneous 3071. Miscellaneous .................................. 307101 

Division B—Organizations and Programs 

Subdivision 1—Administered by 

National Park Service 

3081. American Battlefield Protection Program ............................................. 308101 

3083. National Underground Railroad Network to Freedom ............................ 308301 

3085. National Women’s Rights History 

Project .......................................... 308501 

3087. National Maritime Heritage .............. 308701 

3089. Save America’s Treasures Program ... 308901 

3091. Commemoration of Former Presidents 309101 

Subdivision 2—Administered 

Jointly With National Park 

Service 

3111. Preserve America Program ............... 311101 

Subdivision 3—Administered by 

Other Than National Park 

Service 

3121. National Trust for Historic Preservation in the United States ................ 312101 

3123. Commission for the Preservation of 

America’s Heritage Abroad ............. 312301 

3125. Preservation of Historical and Archeological Data ............................ 312501 

Division C—American Antiquities 

3201. Policy and Administrative Provisions 320101 

3203. Monuments, Ruins, Sites, and Objects of Antiquity ........................... 320301 

–––––––––––––––––––––––––––––––––––––––––––––––––––– 

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. 

§ 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. 

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. 

§ 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. 

§ 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. 

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. 

§ 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 area’s 

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. 

§ 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. 

§ 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. 


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(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. 

§ 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. 

§ 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 

and the effect of the adjustments on the local 

communities and surrounding area. 

(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 Secretary’s 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 Secretary’s 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. 

§ 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— 


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(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 

et seq.). 

(6) RECOMMENDATION OF PREFERRED MANAGEMENT OPTION.—The letter transmitting each 

completed study to Congress shall contain a recommendation regarding the Secretary’s 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 (b), (c), and 

(g).—To carry out subsections (b), (c), and (g), 

there is authorized to be appropriated $2,000,000 

for each fiscal year. 

Chapter 1007—Resource Management 

Subchapter I—System 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 II—System Unit Resource Protection 

100721. Definitions. 

100722. Liability. 

100723. Actions. 

100724. Use of recovered amounts. 

100725. Donations. 

Subchapter III—Mining 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 IV—Administration 

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 America’s unique natural and cultural resources contained in the 

System, the Secretary shall continually improve 

the ability of the Service to provide state-of-theart management, protection, and interpretation 

of, and research on, the resources of the System. 

§ 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. 

§ 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. 

§ 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. 

§ 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. 

§ 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. 


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§ 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 unless the Secretary determines that— 

(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. 

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. 

§ 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. 

§ 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 for response costs and damages. The Secretary shall submit a request for the civil action 

to the Attorney General whenever a person may 

be liable or an instrumentality may be liable in 

rem for those costs and damages under 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. 

§ 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. 

§ 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. 

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. 

§ 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. 

§ 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, that were not recorded with the 

Secretary within one year after September 28, 

1976, shall be conclusively presumed to be abandoned and shall be void. The recordation does 

not render valid any claim that was not valid on 

September 28, 1976, or that becomes invalid after 

that date. 

§ 100734. Report on finding or notification of 

potential damage to natural and historical 

landmarks 

When the Secretary finds on the Secretary’s 

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 Secretary’s 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. 

§ 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. 

§ 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. 

§ 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 94–429, 90 Stat. 

1342) concerning the regulation of mining in the 

System; and 

(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 94–429, 90 Stat. 1342); or 


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(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. 

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. 

§ 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. 

§ 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. 

§ 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. 

§ 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); 

and 

(3) chapter 3201 of this title. 

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. 

§ 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 


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(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. 

§ 100903. Solid waste disposal operations 

(a) IN GENERAL—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; or 

(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, on property of 

the United States. 

§ 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 105–83, 111 Stat. 1561), the 

Secretary shall withhold from the special account under section 807(a) of the Federal Lands 

Recreation Enhancement Act (16 U.S.C. 6806(a)) 

100 percent of the fees and charges collected in 

connection with any System unit at which entrance fees or admission fees cannot be collected 

by reason of deed restrictions. 

(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 thate 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). 

§ 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). 


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(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 site’s 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 public’s 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. 

§ 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 14(b) of the Federal Advisory Committee Act 

(5 U.S.C. App.) is waived with respect to any 

advisory commission or advisory committee established by law in connection with any System 

unit during the period for which the commission 

or committee is authorized by law. 

(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 member’s 

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. 

Chapter 1011—Donations 

Subchapter I—Authority of Secretary 

Sec. 

101101. Authority to accept land, rights-ofway, buildings, other property, 

and money. 

101102. Authority to accept and use funds to 

consolidate Federal land ownership. 

Subchapter II—National Park Foundation 

101111. Purpose and establishment of Foundation. 

101112. Board. 

101113. Gifts, devises, or bequests. 

101114. Dispostion 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. 

Subchapter I—Authority of Secretary 

§ 101101. Authority to accept land, rights-ofway, 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. 

§ 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. 

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. 

§ 101112. Board 

(a) MEMBERSHIP.—The National Park Foundation shall consist of a Board having as members the Secretary, the Director, and no fewer 

than 6 private citizens of the United States appointed by the Secretary. 

(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 AND SECRETARY.—The Secretary 

shall be the Chairman of the Board and the Director shall be the Secretary of the Board. 

(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. 

§ 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) 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. 

§ 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. 

§ 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. 

§ 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. 

§ 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. 


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H5460 CONGRESSIONAL RECORD — HOUSE July 31, 2012 

§ 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. 

§ 101119. Liability of United States 

The United States shall not be liable for any 

debts, defaults, acts, or omissions of the National Park Foundation. 

§ 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. 

Chapter 1013—Employees 

Subchapter I—General 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 II—Service Career Development, 

Training, and Management 

101321. Service employee training. 

101322. Management development and training. 

Subchapter III—Housing 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. 

§ 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. 

§ 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. 

§ 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. 

§ 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. 


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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. 

§ 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. 

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 employee’s family; and 

(B) any other individual who is authorized to 

occupy Federal Government quarters under section 5911 of title 5, and for whom there is no feasible alternative to the provision of Federal Government housing, and the members of the individual’s family. 

(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. 

§ 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. 

§ 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. 

§ 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. 

§ 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. 

§ 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. 

§ 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. 

§ 101338. General leasing provisions 

(a) EXEMPTION FROM LEASING REQUIREMENTS.—Section 102901 of this title and section 

1302 of title 40 shall not apply to leases issued by 

the Secretary under this section. 

(b) PROCEEDS FROM LEASES.—The proceeds 

from any lease under section 101335(a)(1) of this 

title and any lease under section 101337 of this 

title shall be retained by the Service and deposited in the special fund established for maintenance and operation of quarters. 

§ 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. 

§ 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, in sequential order, to the maximum 

extent practicable. 

(b) NONCONSTRUCTION FUNDS IN ANNUAL

BUDGET SUBMITTAL.—Each fiscal year the 

President’s 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. 

Chapter 1015—Transportation 

Subchapter I—Airports 

Sec. 

101501. Airports in or near System units. 

Subchapter II—Roads and Trails 

101511. Authority of Secretary. 

101512. Conveyance to States of roads leading 

to certain historical areas. 

Subchapter III—Public Transportation Programs for System Units 


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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 IV—Fees 

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 sponsor’s 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. 

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. 

§ 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. 

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 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. 

§ 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. 

§ 101523. Procedures applicable to transportation plans and projects 

(a) DURING FORMULATION OF PLAN.—The Secretary shall, during the formulation of any 


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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. 

§ 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. 

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 Secretary’s 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. 

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. 

§ 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. 

§ 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 of a Federal, State, or local employee for work on any Federal, State, or local 

land or an extension of the assignment may be 

for any period of time determined by the Secretary and the State or local agency to be mutually beneficial. 

§ 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. 


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H5464 CONGRESSIONAL RECORD — HOUSE July 31, 2012 

Chapter 1019—Concessions and Commercial 

Use Authorizations 

Subchapter I—Authority of Secretary 

Sec. 

101901. Utility services. 

Subchapter II—Commercial 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. 

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. 

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, to match the 

terms and conditions of any competing proposal 

that the Secretary determines to be the best proposal for a proposed new concession contract 

that authorizes the continuation of the facilities 

and services provided by the concessioner under 

its prior contract. 

§ 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. 

§ 101913. Award of concession contracts 

In furtherance of the findings and policy stated in section 101912 of this title, and except as 

provided by this subchapter or otherwise authorized by law, the Secretary shall utilize concession contracts to authorize a person, corporation, or other entity to provide accommodations, 

facilities, and services to visitors to System 

units. Concession contracts shall be awarded as 

follows: 

(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

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 


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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, or constructed or owned 

by a concessioner or the concessioner’s predecessor before the subject land was incorporated 

into the System; 

(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 shall not grant a preferential right to a 

concessioner to provide new or additional services in a System unit. 

(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 Secretary’s 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. 

§ 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. 

§ 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 Index—All 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 concessioner’s 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; or 

(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 

concessioner’s leasehold surrender interest. 

(c) SPECIAL RULE FOR POSSESSORY INTEREST

EXISTING BEFORE NOVEMBER 13, 1998.— 

(1) IN GENERAL.—A concessioner that has obtained a possessory interest (as defined pursuant to the Act of October 9, 1965 (known as the 

National Park Service Concessions Policy Act; 

Public Law 89–249, 79 Stat. 969), as in effect on 

November 12, 1998) under the terms of a concession contract entered into before November 13, 

1998, shall, on the expiration or termination of 

the concession contract, be entitled to receive 

compensation for the possessory interest improvements in the amount and manner as described by the concession contract. Where that 

possessory interest is not described in the existing concession contract, compensation of 

possessory interest shall be determined in accordance with the laws in effect on 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, instead of 

directly receiving the possessory interest compensation, shall have a leasehold surrender interest in its existing possessory interest improvements under the terms of the new concession 

contract and shall carry over as the initial 

value of the leasehold surrender interest (instead of construction cost) an amount equal to 

the value of the existing possessory interest as of 

the termination date of the previous concession 

contract. In the event of a dispute between the 

concessioner and the Secretary as to the value 


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of the possessory interest, the matter shall be resolved through binding arbitration. 

(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, considers that the value 

determination decision issued pursuant to the 

proceeding misinterprets or misapplies relevant 

contractual requirements or their underlying 

legal authority, the Secretary or either party 

may seek, within 180 days after the date of the 

decision, de novo review of the value determination decision by the United States Court of Federal Claims. The Court of Federal Claims may 

make an order affirming, vacating, modifying or 

correcting the determination decision. 

(d) TRANSITION TO SUCCESSOR CONCESSIONER.—On expiration or termination of a concession contract entered into after November 13, 

1998, a concessioner shall be entitled under the 

terms of the concession contract to receive from 

the United States or a successor concessioner 

the value of any leasehold surrender interest in 

a capital improvement as of the date of the expiration or termination. A successor concessioner 

shall have a leasehold surrender interest in the 

capital improvement under the terms of a new 

concession contract and the initial value of the 

leasehold surrender interest in the capital improvement (instead of construction cost) shall be 

the amount of money the new concessioner is required to pay the prior concessioner for its 

leasehold surrender interest under the terms of 

the prior concession contract. 

(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. 

§ 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 concessioner’s 

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. 

§ 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. 

§ 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 concessioner’s 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). 

§ 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; 


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(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 or other comparable provisions of Federal law. 

(e) TERMINATION.—The Advisory Board shall 

continue to exist until December 31, 2009. In all 

other respects, it shall be subject to the Federal 

Advisory Committee Act (5 U.S.C. App.). 

§ 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. 

§ 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. 

§ 101922. Use of nonmonetary consideration 

in concession contracts 

Section 1302 of title 40 shall not apply to concession contracts awarded by the Secretary pursuant to this subchapter. 

§ 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. 

§ 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. 

§ 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 children’s 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. 

§ 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. 

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 Secretary’s judgment, the use 


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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. 

§ 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 shall not apply. 

(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. 

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, and subchapter 

I of chapter 81 of title 5 shall apply. 

(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 shall 

apply. 

(d) AUTHORIZATION OF APPROPRIATIONS.— 

There is authorized to be appropriated to carry 

out this section not more than $3,500,000 for 

each fiscal year. 

§ 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 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) FORD’S THEATER AND WOLF TRAP NATIONAL PARK FOR THE PERFORMING ARTS.—The 

contractual amounts required for the support of 

Ford’s 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. 

§ 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 


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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 or 

comparable provisions of Federal law. 

(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) FEDERAL ADVISORY COMMITTEE ACT.—The 

Federal Advisory Committee Act (5 U.S.C. App.), 

with the exception of section 14(b), applies to 

the Board. 

(i) TERMINATION.—The Board continues to 

exist until January 1, 2010. 

§ 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. 

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. 

§ 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. 

§ 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)) and to non-Federal 

governmental entities if the Secretary determines that the recipient is dedicated to the preservation and interpretation of natural or cultural heritage and is qualified to manage the 

property, prior to any conveyance under this 

subsection and subsection (g). 

(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. 

§ 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, the Secretary 

shall establish a systematic review and approval 

process, including consultation with appropriate 

experts, that meets the highest standards of the 

museum profession for all actions taken under 

those subsections. 

Chapter 1027—Law Enforcement and 

Emergency Assistance 

Subchapter I—Law Enforcement 

Sec. 

102701. Law enforcement personnel within System. 

102702. Crime prevention assistance. 

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. 

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 


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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, for 

purposes of subchapter I of chapter 81 of title 5, 

relating to compensation to Federal employees 

for work injuries, and the provisions of subchapter I of chapter 81 of title 5 shall apply. 

(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. 

§ 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. 

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. 

§ 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. 

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 Secretary’s administration in exchange for any Federally-owned property or interest under the Secretary’s 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. 

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. 


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(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 Firemen’s Retirement and Disability Act amendments of 1957 (Public Law 85– 

157, 71 Stat. 391), to the District of Columbia on 

a monthly basis for benefit payments by the District of Columbia to United States Park Police 

annuitants under section 12 of the Policemen 

and Firemen’s Retirement and Disability Act 

(ch. 433, 39 Stat. 718), to the extent that those 

payments exceed contributions made by active 

Park Police members covered under the Policemen and Firemen’s Retirement and Disability 

Act. 

(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. 

§ 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. 

§ 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. 

§ 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. 

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. 

§ 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. 

§ 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. 

§ 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. 

§ 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. 

§ 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. 

Chapters 1035 through 1047—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. 

§ 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 


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H5472 CONGRESSIONAL RECORD — HOUSE July 31, 2012 

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. 

§ 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. 

§ 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. 

§ 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. 

§ 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. 

§ 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, the United States District Court for the District of Columbia granted 

a preliminary injunction with respect to the implementation and enforcement of the new regulations; and 

(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. 

§ 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. 

Division B—System Units and Related Areas— 

Reserved 

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. 

§ 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. 

§ 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; and 

(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. 

§ 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, the heads of Federal agencies 

having administrative responsibility over activities or resources the conduct or use of which is 

pertinent to fulfillment of that policy shall, individually or as a group— 

(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. 


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July 31, 2012 CONGRESSIONAL RECORD — HOUSE H5473 

Chapter 2003—Land and Water Conservation 

Fund 

Sec. 

200301. Definitions. 

200302. Establishment of Land and Water Conservation Fund. 

200303. Appropriations for expenditure of Fund 

amounts. 

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. 

§ 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. 

§ 200302. Establishment of Land and Water 

Conservation Fund 

(a) ESTABLISHMENT.—There is established in 

the Treasury the Land and Water Conservation 

Fund. 

(b) DEPOSITS.—During the period ending September 30, 2015, 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 through September 30, 2015. 

(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 et seq.). 

(3) AVAILABILITY OF DEPOSITS.—Notwithstanding section 200303 of this title, money deposited in the Fund under this subsection shall 

remain in the Fund until appropriated by Congress to carry out this chapter. 

§ 200303. Appropriations for expenditure of 

Fund amounts 

Amounts deposited in the Fund shall be available for expenditure for the purposes of this 

chapter only when appropriated for those purposes. The appropriations may be made without 

fiscal-year limitation. Amounts made available 

for obligation or expenditure from the Fund may 

be obligated or expended only as provided in 

this chapter. 

§ 200304. Statement of estimated requirements 

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. Not less than 40 percent of such appropriations shall be available for Federal purposes. 

§ 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 Secretary’s 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. 

(5) For the purposes of paragraph (1), the District of Columbia, Puerto Rico, Guam, American 

Samoa, the Virgin Islands, and the Northern 

Mariana Islands shall be deemed to be one 

State, and shall receive shares of the apportionment in proportion to their populations. 

(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) or, if the national plan has 

not been completed, consistent with the provisions of that section. 

(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 owner’s 


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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 to 4626); and 

(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 Secretary’s 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. 

§ 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, or purchase units approved by the National Forest Reservation Commission subsequent to January 1, 1965, all of which other 

areas are primarily of value for outdoor recreation purposes. 

(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. 

(iii) LIMITATION.—Except for areas specifically 

authorized by Act of Congress, not more than 15 

percent of the acreage added to the National 

Forest System pursuant to this section shall be 

west of the 100th meridian. 

(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. 460k–1); 

(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)) and wetlands acquired 

under section 304 of the Emergency Wetlands 

Resources Act of 1986 (16 U.S.C. 3922); and 

(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, 

or, in the case of national recreation areas, 


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prior to January 15, 1979, except that for any 

such area expenditures shall not exceed a statutory ceiling during any one fiscal year by 10 

percent of the ceiling or $1,000,000, whichever is 

greater. 

(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. 

§ 200307. Availability of Fund amounts for 

publicity purposes 

(a) IN GENERAL.—Amounts derived from the 

sources listed in section 200302 of this title shall 

not be available for publicity purposes. 

(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. 

§ 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 may be obligated by 

contract during each fiscal year for the acquisition of land, water, or interest in land or water 

within areas specified in section 200306(a)(2) of 

this title. The contract may be executed by the 

head of the department concerned, within limitations prescribed by the Secretary. The contract shall be a contractual obligation of the 

United States and shall be liquidated with 

money appropriated from the Fund specifically 

for liquidation of that contract obligation. No 

contract may be entered into for the acquisition 

of property pursuant to this section unless the 

acquisition is otherwise authorized by Federal 

law. 

§ 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 may be expended by 

the Secretary in any one fiscal year for the options. 

§ 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 April 1, 2013, 

under section 6421 of the Internal Revenue Code 

of 1986 (26 U.S.C. 6421) with respect to gasoline 

used after December 31, 1964, in motorboats, on 

the basis of claims filed for periods ending before April 1, 2012; and 

(2) 80 percent of the floor stocks refunds made 

before April 1, 2013, under section 6412(a)(1) of 

the Internal Revenue Code of 1986 (26 U.S.C. 

6412(a)(1)) with respect to gasoline to be used in 

motorboats. 

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. 

§ 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 95–625, 92 Stat. 

3538), of other general purpose local governments in metropolitan statistical areas as defined by the Director of the Office of Management and Budget. 

(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 government’s 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 


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(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. 

§ 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 Secretary’s 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 offers recreation opportunities to 

the general population within the jurisdictional 

boundaries of the grant recipient. 

(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. 

§ 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 costeffective 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. 

§ 200505. State action 

(a) ADDITIONAL MATCH.—The Secretary may 

increase rehabilitation grants or innovation 

grants authorized in section 200503 of this title 

by providing an additional match equal to the 

total match provided by a State of up to 15 percent of total project costs. The Federal matching 

amount shall not exceed 85 percent of total 

project cost. 

(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. 

§ 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 may be 

used as part of the local match only when the 

local government has not received a recovery action program grant. 

(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. 

§ 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. 

§ 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 


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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. 

§ 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. 

§ 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. 

§ 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. 

Subtitle III—National Preservation Programs 

Division A—Historic Preservation 

Subdivision 1—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 

Nation’s 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. 

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. 

§ 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. 

§ 300303. Council 

In this division, the term ‘‘Council’’ means the 

Advisory Council on Historic Preservation established by section 304101 of this title. 

§ 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. 

§ 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). 

§ 300306. Historic Preservation Fund 

In this division, the term ‘‘Historic Preservation Fund’’ means the Historic Preservation 

Fund established under section 303101 of this 

title. 

§ 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; and 

(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. 

§ 300308. Historic property 

In this division, the term ‘‘historic property’’ 

means any prehistoric or historic dustruct, 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. 

§ 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)), that is recognized as eligible for the special programs and services provided by the United States to Indians because of 

their status as Indians. 

§ 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. 

§ 300311. National Register 

In this division, the term ‘‘National Register’’ 

means the National Register of Historic Places 

maintained under chapter 3021 of this title. 

§ 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. 

§ 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. 

§ 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 Hawai’i Nei, an organization incorporated under the laws of the 

State of Hawaii. 

§ 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. 


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§ 300316. Secretary 

In this division, the term ‘‘Secretary’’ means 

the Secretary acting through the Director. 

§ 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. 

§ 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. 

§ 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. 

§ 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. 

§ 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 

(27 UST 37). 

Subdivision 2—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. 

§ 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 

shall be designated as a National Historic Landmark and included on the National Register, 

subject to the requirements of section 302107 of 

this title. 

(b) HISTORIC PROPERTY ON NATIONAL REGISTER ON DECEMBER 12, 1980.—All historic property included on the National Register on December 12, 1980, shall be deemed to be included 

on the National Register as of their initial listing for purposes of this division. 

(c) HISTORIC PROPERTY LISTED IN FEDERAL

REGISTER OF FEBRUARY 6, 1979, OR PRIOR TO

DECEMBER 12, 1980, AS NATIONAL HISTORIC

LANDMARKS.—All historic property listed in the 

Federal Register of February 6, 1979, or prior to 

December 12, 1980, as National Historic Landmarks are declared by Congress to be National 

Historic Landmarks of national historic significance as of their initial listing in the Federal 

Register for purposes of this division and chapter 3201 of this title, except that in the case of 

a National Historic Landmark district for which 

no boundaries had been established as of December 12, 1980, boundaries shall first be published in the Federal Register. 

§ 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. 

§ 302104. Nominations for inclusion on National Register 

(a) NOMINATION BY STATE.—Subject to the requirements of section 302107 of this title, any 

State that is carrying out a program approved 

under chapter 3023 shall nominate to the Secretary property that meets the criteria promulgated under section 302103 of this title for inclusion on the National Register. Subject to section 

302107 of this title, any property nominated 

under this subsection or under section 306102 of 

this title shall be included on the National Register on the date that is 45 days after receipt by 

the Secretary of the nomination and the necessary documentation, unless the Secretary disapproves the nomination within the 45-day period or unless an appeal is filed under subsection (c). 

(b) NOMINATION BY PERSON OR LOCAL GOVERNMENT.—Subject to the requirements of section 302107 of this title, the Secretary may accept a nomination directly from any person or 

local government for inclusion of a property on 

the National Register only if the property is located in a State where there is no program approved under chapter 3023 of this title. The Secretary may include on the National Register any 

property for which such a nomination is made if 

the Secretary determines that the property is eligible in accordance with the regulations promulgated under section 302103 of this title. The determination shall be made within 90 days from 

the date of the nomination unless the nomination is appealed under subsection (c). 

(c) 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. 

§ 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 

Secretary’s determination. 

§ 302106. Retention of name 

Notwithstanding section 43(c) of the Act of 

July 5, 1946 (known as the Trademark Act of 

1946) (15 U.S.C. 1125(c)), buildings and structures on or eligible for inclusion on the National 

Register (either individually or as part of a historic district), or designated as an individual 

landmark or as a contributing building in a historic district by a unit of State or local government, may retain the name historically associated with the building or structure. 

§ 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 et seq.) are deposited in an 

institution with adequate long-term curatorial 

capabilities; 

(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. 


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§ 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. 

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 and for the employment or appointment by 

the officer of such professionally qualified staff 

as may be necessary for those purposes; 

(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. 

§ 302302. Program evaluation 

(a) WHEN EVALUATION SHOULD OCCCUR.—Periodically, but not less than every 4 years after 

the approval of any State program under section 

302301 of this title, the Secretary, in consultation with the Council on the appropriate provisions of this division, and in cooperation with 

the State Historic Preservation Officer, shall 

evaluate the program to determine whether it is 

consistent with this division. 

(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. 

§ 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. 

§ 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 Secretary’s authority, the Secretary shall establish 

specific conditions and criteria essential for the 

assumption by a State Historic Preservation Officer of the Secretary’s 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. 

Chapter 3025—Certification of Local 

Governments 

Sec. 

302501. Definitions. 

302502. Certification as part of State program. 

302503. Reguirements 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. 

§ 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, of a portion of the grants received by 

the States under this division, to those local 

governments. 

§ 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; 


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(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. 

§ 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 Commission’s 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. 

The State may expedite the process with the 

concurrence of the certified local government. 

(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. 

Any report and recommendations made under 

this section shall be included with any nomination submitted by the State to the Secretary. 

§ 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; and 

(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. 

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 tribe’s chief governing authority. 

(e) CONSULTATION.—The Secretary shall consult with Indian tribes, other Federal agencies, 

State Historic Preservations Officers, and other 

interested parties concerning the program under 

subsection (a). 

§ 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 tribe’s 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 tribe’s 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), and other Indian tribes, if 

any, whose tribal or aboriginal land may be affected by conduct of the tribal preservation program, that— 

(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. 

§ 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 with respect to tribal programs that assume responsibilities under section 302702 of this 

title. 

§ 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, the Secretary shall enter 

into a contract or cooperative agreement with 

the Indian tribe permitting the assumption by 

the Indian tribe of any part of the responsibilities described in section 302304(b) of this title on 

tribal land, if— 

(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 tribe’s 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. 

§ 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, if the Council, after consultation with the 

Indian tribe and appropriate State Historic 

Preservation Officers, determines that the tribal 

preservation regulations will afford historic 

property consideration equivalent to that afforded by the Council’s regulations. 

§ 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, a 

Federal agency shall consult with any Indian 

tribe or Native Hawaiian organization that attaches religious and cultural significance to 

property described in subsection (a). 

(c) HAWAII.—In carrying out responsibilities 

under section 302303 of this title, the State Historic Preservation Officer for Hawaii shall— 

(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. 

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. 


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July 31, 2012 CONGRESSIONAL RECORD — HOUSE H5481 

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 et seq). 

(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. 

§ 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.—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 in any one fiscal year. 

(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, in meeting the non-Federal share of 

the cost of a project for which a grant is made 

under this division. 

(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). 

§ 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. 

§ 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. 

§ 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. 

§ 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. 

§ 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 tribe’s or 

Native Hawaiian organization’s conducting its 

responsibilities pursuant to this subdivision. 

§ 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 et seq., 2001 

et seq.), and the Compact of Free Association 

between the United States and Palau, approved 

by the Joint Resolution entitled ‘‘Joint Resolution to approve the ‘Compact of Free Association’ between the United States and Government 

of Palau, and for other purposes’’ (48 U.S.C. 

1931 et seq.) or any successor enactment. 

(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. 


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H5482 CONGRESSIONAL RECORD — HOUSE July 31, 2012 

(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. 

§ 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. 

§ 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. 

Chapter 3031—Historic Preservation Fund 

Sec. 

303101. Establishment. 

303102. Content. 

303103. Use and availability. 

§ 303101. Establishment 

To carry out this division (except chapter 

3041) and chapter 3121, there is established in 

the Treasury the Historic Preservation Fund. 

§ 303102. Contents 

For each of fiscal years 2012 to 2015, 

$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 7433(b) of title 10, or both, notwithstanding any provision of law that those 

proceeds shall be credited to miscellaneous receipts of the Treasury. 

§ 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. 

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 PROPERTY’S 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 property’s 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. 

§ 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. 

§ 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. 

Subdivision 3—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. 


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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 Chairman of the National Trust. 

(9) Four experts in the field of historic preservation appointed by the President from architecture, history, archeology, and other appropriate 

disciplines. 

(10) Three members from the general public, 

appointed by the President. 

(11) 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), (7), and (8) 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 (1) and (9) 

to (11) of subsection (a) shall serve for a term of 

4 years from the expiration of the term of the 

member’s 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 may not serve 

more than 2 terms. An appointed member whose 

term has expired shall serve until that member’s 

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) DESIGNATION OF VICE CHAIRMAN.—The 

President shall designate a Vice Chairman from 

the members appointed under paragraph (5), (6), 

(9), or (10) of subsection (a). The Vice Chairman 

may act in place of the Chairman during the absence or disability of the Chairman or when the 

office is vacant. 

(f) QUORUM.—Twelve members of the Council 

shall constitute a quorum. 

§ 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 Council’s 

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 Council’s 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. 

§ 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. 

§ 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 shall serve without additional compensation. The other members of the Council 

shall receive $100 per diem when engaged in the 

performance of the duties of the Council. All 

members of the Council shall receive reimbursement for necessary traveling and subsistence expenses incurred by them in the performance of 

the duties of the Council. 

§ 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, or in the Senior Executive 

Service under section 3393 of title 5. The Executive Director shall report directly to the Council 

and perform such functions and duties as the 

Council may prescribe. 

(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 Council’s 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. The Executive Director, with the concurrence of the Chairman, may appoint and fix the 

compensation of not to exceed 5 employees in 

the competitive service at rates that exceed that 

prescribed for the highest rate established for 

grade 15 of the General Schedule under section 

5332 of title 5 or in the Senior Executive Service 

under 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 Council’s 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 for the 

collection of indebtedness of personnel resulting 

from erroneous payments shall apply to the collection of erroneous payments made to or on behalf of a Council employee, and regulations of 

that agency under sections 1513(d) and 1514 of 

title 31 for the administrative control of funds 

shall apply to appropriations of the Council. 

The Council shall not be required to prescribe 

those regulations. 

(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 


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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 89–665) retains all the rights, benefits, and 

privileges pertaining to the competitive service 

held prior to the transfer. 

(i) EXEMPTION FROM FEDERAL ADVISORY

COMMITTEE ACT.—The Council is exempt from 

the Federal Advisory Committee Act (5 U.S.C. 

App.). 

(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. 

§ 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. 

§ 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. 

§ 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 in its entirety. 

(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 that affect the local governments. 

(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. 

§ 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. 

§ 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. 

§ 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. 

§ 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 program’s 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. 

Subdivision 4—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 and to 

have the conditions recorded with the deed of 

title to the historic light station; and 

(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, keeper’s 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. 

§ 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. 

§ 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); and 

(B) forward to the Administrator a single approved application for the conveyance of the 

historic light station. 


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(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 Secretary’s 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. The conveyance of a 

historic light station under this chapter shall 

not be subject to the McKinney-Vento Homeless 

Assistance Act (42 U.S.C. 11301 et seq.) or section 416(d) of the Coast Guard Authorization 

Act of 1998 (Public Law 105–383, 14 U.S.C. 93 

note). 

(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 and any other 

terms or conditions that the Secretary considers 

necessary to protect the resources of the System 

unit or wildlife refuge. 

(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 and any 

other terms or conditions that the Secretary considers necessary to protect the resources of the 

System unit or wildlife refuge. 

(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 Secretary’s responsibilities to manage and administer the System unit or wildlife refuge. 

§ 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 Interior’s 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 Secretary’s 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 of title 14. 

(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 entity’s 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 Interior’s 

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. 

§ 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. 

§ 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— 


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(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 Guard’s 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 Guard’s 

Operating Expense appropriation for that purpose. 

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. 

§ 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. 

§ 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. 

§ 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. 

§ 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 Center’s 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. 

§ 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. 

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. 

§ 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. 

§ 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. 


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§ 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. 

§ 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. 

Subdivision 5—Federal Agency Historic 

Preservation Responsibilities 

Chapter 3061—Program Responsibilities and 

Authorities 

Subchapter I—In 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 II—Lease, Exchange, or Management of Historic Property 

306121. Lease or exchange. 

306122. Contracts for management of historic 

property. 

Subchapter III—Protection 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 note). 

(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. 

§ 306102. Preservation program 

(a) ESTABLISHMENT.—Each Federal agency 

shall establish (except for programs or undertakings exempted pursuant to section 304108(c) 

of this title), in consultation with the Secretary, 

a preservation program for the identification, 

evaluation, and nomination to the National 

Register, and protection, of historic property. 

(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 and gives special consideration to the preservation of those values in the 

case of property designated as having national 

significance; 

(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 agency’s 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 agency’s 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)). 

§ 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, in the Library of 

Congress or with such other appropriate agency 

as the Secretary may designate, for future use 

and reference. 

§ 306104. Agency Preservation Officer 

The head of each Federal agency (except an 

agency that is exempted under section 304108(c) 

of this title) shall designate a qualified official 

as the agency’s Preservation Officer who shall 

be responsible for coordinating the agency’s activities under this division. Each Preservation 

Officer may, to be considered qualified, satisfactorily complete an appropriate training program 

established by the Secretary under section 

306101(c) of this title. 

§ 306105. Agency programs and projects 

Consistent with the agency’s 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. 

§ 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. 

§ 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. 

§ 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. 

§ 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. 

§ 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. 

§ 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 et seq.); or 

(2) provide any exemption from any requirement respecting the preparation of an environmental impact statement under that Act. 

§ 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 


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H5488 CONGRESSIONAL RECORD — HOUSE July 31, 2012 

(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. 

§ 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, has intentionally 

significantly adversely affected a historic property to which the grant would relate, or having 

legal power to prevent it, has allowed the significant adverse effect to occur, unless the agency, after consultation with the Council, determines that circumstances justify granting the 

assistance despite the adverse effect created or 

permitted by the applicant. 

§ 306114. Documentation of decisions respecting undertakings 

With respect to any undertaking subject to 

section 306108 of this title that adversely affects 

any historic property for which a Federal agency has not entered into an agreement pursuant 

to regulations issued by the Council, the head of 

the agency shall document any decision made 

pursuant to section 306108 of this title. The head 

of the agency may not delegate the responsibility to document a decision pursuant to this 

section. Where an agreement pursuant to regulations issued by the Council has been executed 

with respect to an undertaking, the agreement 

shall govern the undertaking and all of its 

parts. 

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. 

§ 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. 

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 Management and 

Budget 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)) and of 

property of religious or cultural importance to 

Indian tribes, Native Hawaiian organizations, 

or other Native American groups; and 

(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), (C)), give notice to and consult 

with the Indian tribe or Native Hawaiian organization. 

Subdivision 6—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. Attorney’s 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 nonFederal 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 

country’s 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. 

§ 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. 


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(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. 

§ 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 agency’s compliance with section 306107 or 306108 of this title, 

the Secretary shall consult with the Council in 

reaching determinations under subsections (a) 

and (b). 

§ 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. 

§ 307105. Attorney’s 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 attorney’s fees, expert witness fees, and other 

costs of participating in the civil action, as the 

court considers reasonable. 

§ 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. 

§ 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. 

§ 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. 

Division B—Organizations and Programs 

Subdivision 1—Administered by National 

Park Service 

Chapter 3081—American Battlefield 

Protection Program 

Sec. 

308101. Definition. 

308102. Preservation assistance. 

308103. Battlefield acquisition grant program. 

§ 308101. Definition 

In this chapter, the term ‘‘Secretary’’ means 

the Secretary, acting through the American Battlefield Protection Program. 

§ 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. 

§ 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 Nation’s 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 

$10,000,000 for each of fiscal years 2012 and 2013. 

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. 

§ 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. 

§ 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 


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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. 

§ 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; and 

(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. 

Chapter 3085—National Women’s Rights 

History Project 

Sec. 

308501. National women’s rights history project 

national registry. 

308502. National women’s rights history project 

partnerships network. 

§ 308501. National women’s 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 women’s 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 women’s 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. 

§ 308502. National women’s 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 women’s 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. 

Chapter 3087—National Maritime Heritage 

Sec. 

308701. Policy. 

308702. Definitions. 

308703. National Maritime Heritage Grants 

Program. 

308704. Funding. 

308705. Designation of America’s 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. 

§ 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)) and described in section 

501(c)(3) of the Internal Revenue Code of 1986 

(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 

by the chief executive official of a State having 

a State Historic Preservation Program approved 

by the Secretary under that section. 

§ 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 Nation’s 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, shall make an 

annual grant to the National Trust for maritime 

heritage education projects. 

(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)(B) of this title, shall make grants to 

State Historic Preservation Officers for maritime 

heritage preservation projects. 

(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 


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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 Congress an annual report on the Program, including— 

(1) a description of each project funded under 

the Program in the period covered by the report; 

(2) the results or accomplishments of each 

such project; and 

(3) recommended priorities for achieving the 

policy set forth in section 308701 of this title. 

§ 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 that is attributable to the sale of obsolete vessels in the National Defense Reserve Fleet that 

are scrapped or sold under section 57102, 57103, 

or 57104 of title 46 shall be available until expended as follows: 

(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— 

(i) to the Secretary to carry out the Program, 

as provided in subsection (b); or 

(ii) if otherwise determined by the Administrator of the Maritime Administration, for use in 

the preservation and presentation to the public 

of maritime heritage property of the Maritime 

Administration. 

(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) IN GENERAL.—Except as provided in paragraph (2), of amounts available each fiscal year 

for the Program under subsection (a)(1)(C)— 

(A) one half shall be used for grants under 

section 308703(b) of this title; and 

(B) one half shall be used for grants under 

section 308703(c) of this title. 

(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; and 

(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, that— 

(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. 

§ 308705. Designation of America’s National 

Maritime Museum 

(a) IN GENERAL.—America’s National Maritime Museum shall be composed of the museums 

designated by law to be museums of America’s 

National Maritime Museum on the basis that 

the museums— 

(1) house a collection of maritime artifacts 

clearly representing the Nation’s maritime heritage; and 

(2) provide outreach programs to educate the 

public about the Nation’s maritime heritage. 

(b) INITIAL DESIGNATION.—The following museums (meeting the criteria specified in subsection (a)) are designated as museums of America’s 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 

America’s 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 America’s 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 America’s 


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National Maritime Museum shall be deemed to 

be a reference to that museum as a museum of 

America’s National Maritime Museum. 

§ 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. 

§ 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. 

Chapter 3089—Save America’s 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 America’s Treasures Program established under section 308902(a) of this title. 

(6) SECRETARY.—The term ‘‘Secretary’’ means 

the Secretary, acting through the Director. 

§ 308902. Establishment 

(a) IN GENERAL.—There is established in the 

Department of the Interior the Save America’s 

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 President’s Committee 

on the Arts and the Humanities, the Secretary 

shall use the amounts made available under section 308905 of this title to provide grants to eligible entities for projects to preserve nationally 

significant collections and historic property. 

§ 308903. Grants 

(a) DETERMINATION OF GRANTS.—Of the 

amounts made available for grants under section 308905 of this title, not less than 50 percent 

shall be made available for grants for projects to 

preserve collections and historic property, to be 

distributed through a competitive grant process 

administered by the Secretary, subject to the selection criteria established under subsection (d). 

(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, 

as appropriate. 

(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 

in preparing the list of projects to be provided 

grants for a fiscal year under the program. 

(B) LIMITATION.—If an organization described 

in section 308902(b) of this title has submitted an 

application for a grant under the program, the 

organization shall be recused by the Secretary 

from the consultation requirements under subparagraph (A) and 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 nonFederal 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. 

§ 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. 

§ 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. 

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 Secretary’s 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 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. 

Subdivision 2—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. Authoriztion 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). 


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§ 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, Indian 

tribes, communities designated as Preserve 

America Communities under section 311103 of 

this title, State historic preservation offices, and 

tribal historic preservation offices to support 

preservation efforts through heritage tourism, 

education, and historic preservation planning 

activities. 

(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 America’s 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 nonFederal 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. 

§ 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 Council, in consultation 

with the Secretary, meet criteria required by 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 Council, in consultation 

with the Secretary, shall establish any guidelines that are necessary to carry out this section. 

§ 311104. Regulations 

The Secretary shall develop any guidelines 

and issue any regulations that the Secretary determines to be necessary to carry out this chapter. 

§ 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. 

Subdivision 3—Administered by Other Than 

National Park Service 

Chapter 3121—National Trust for Historic 

Preservation in the United Sstates 

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. 

§ 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. 

§ 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. 

§ 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. 

§ 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 


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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. 

§ 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. 

Chapter 3123—Commission for the 

Preservation of America’s 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 America’s Heritage Abroad established under section 

312303 of this title. 

§ 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. 

§ 312303. Establishment 

(a) ESTABLISHMENT.—There is established a 

commission to be known as the Commission for 

the Preservation of America’s 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 member’s 

predecessor was appointed. 

(3) MEMBER UNTIL SUCCESSOR APPOINTED.—A 

member may retain membership on the Commission until the member’s 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. 

§ 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, 

but at rates for individuals not to exceed the 

daily equivalent of the maximum annual rate of 

basic pay then in effect under section 5376 of 

title 5. 

(4) DETAIL PERSONNEL TO COMMISISON.—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. 

§ 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. 

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. 

§ 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. 


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(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. 

§ 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. 

§ 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. 

§ 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. 

§ 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; and 

(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. 

§ 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. 

§ 312508. Costs for identification, surveys, 

evaluation, and data recovery with respect 

to historic property 

Notwithstanding section 312507(a) of this title 

or any other provision of law— 

(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. 

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. 

§ 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, has the powers and shall perform the 

duties set out in this section. 

(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. 


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(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. 

§ 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. 

§ 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. 

§ 320105. Criminal penalties 

Criminal penalties for a violation of a regulation authorized by this chapter are provided by 

section 1866 of title 18. 

§ 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 may be obligated or expended— 

(1) unless the appropriation of the funds has 

been specifically authorized by law enacted on 

or after October 30, 1992; or 

(2) in excess of the amount prescribed by law 

enacted on or after October 30, 1992. 

Chaper 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 President’s 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. 

§ 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. 

§ 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. 

SEC. 4. CONFORMING AMENDMENTS. 

(a) TITLE 18.— 

(1) IN GENERAL.—Chapter 91 of title 18, United 

States Code, is amended by adding at the end 

the following: 

‘‘§ 1865. National Park Service 

‘‘(a) VIOLATION OF REGULATIONS RELATING TO

USE AND MANAGEMENT OF NATIONAL PARK SYSTEM UNITS.—A person that violates any regulation authorized by section 100751(a) of title 54 

shall be imprisoned not more than 6 months, 

fined under this title, or both, and be adjudged 

to pay all cost of the proceedings. 

‘‘(b) FINANCIAL DISCLOSURE BY OFFICERS OR

EMPLOYEES PERFORMING FUNCTIONS OR DUTIES

UNDER SUBCHAPTER III OF CHAPTER 1007 OF

TITLE 54.—An officer or employee of the Department of the Interior who is subject to, and 

knowingly violates, section 100737 of title 54 or 

any regulation prescribed under that section 

shall be imprisoned not more than one year, 

fined under this title, or both. 

‘‘(c) OFFENSES RELATING TO STRUCTURES AND

VEGETATION.—A person that willfully destroys, 

mutilates, defaces, injures, or removes any 

monument, statue, marker, guidepost, or other 

structure, or that willfully destroys, cuts, 

breaks, injures, or removes any tree, shrub, or 

plant within a national military park shall be 

imprisoned not less than 15 days nor more than 

one year, fined under this title but not less than 

$10 for each monument, statue, marker, guidepost, or other structure, tree, shrub, or plant 

that is destroyed, defaced, injured, cut, or removed, or both. 

‘‘(d) TRESPASSING IN A NATIONAL MILITARY

PARK TO HUNT OR SHOOT.—An individual who 

trespasses in a national military park to hunt or 

shoot, or hunts game of any kind in a national 

military park with a gun or dog, or sets a trap 

or net or other device in a national military 

park to hunt or catch game of any kind, shall 

be imprisoned not less than 5 nor more than 30 

days, fined under this title, or both. 

‘‘§ 1866. Historic, archeologic, or prehistoric 

items and antiquities 

‘‘(a) VIOLATION OF REGULATIONS AUTHORIZED

BY CHAPTER 3201 OF TITLE 54.—A person that 

violates any of the regulations authorized by 

chapter 3201 of title 54 shall be fined under this 

title and be adjudged to pay all cost of the proceedings. 

‘‘(b) APPROPRIATION OF, INJURY TO, OR DESTRUCTION OF HISTORIC OR PREHISTORIC RUIN

OR MONUMENT OR OBJECT OF ANTIQUITY.—A 

person that appropriates, excavates, injures, or 

destroys any historic or prehistoric ruin or 

monument or any other object of antiquity that 

is situated on land owned or controlled by the 

Federal Government without the permission of 

the head of the Federal agency having jurisdiction over the land on which the object is situated, shall be imprisoned not more than 90 days, 

fined under this title, or both.’’. 

(2) TABLE OF CONTENTS.—The table of contents of chapter 91 of title 18, United States 

Code, is amended by adding at the end the following: 

‘‘1865. National Park Service. 

‘‘1866. Historic, archeologic, or prehistoric 

items and antiquities.’’. 

(b) TITLE 28.— 

(1) IN GENERAL.—Part VI of title 28, United 

States Code, is amended by adding at the end 

the following: 

‘‘CHAPTER 190—MISCELLANEOUS 

‘‘Sec. 

‘‘5001. Civil action for death or personal injury 

in a place subject to exclusive jurisdiction of United States. 

‘‘§ 5001. Civil action for death or personal injury in a place subject to exclusive jurisdiction of United States 

‘‘(a) DEATH.—In the case of the death of an 

individual by the neglect or wrongful act of another in a place subject to the exclusive jurisdiction of the United States within a State, a right 

of action shall exist as though the place were 

under the jurisdiction of the State in which the 

place is located. 

‘‘(b) PERSONAL INJURY.—In a civil action 

brought to recover on account of an injury sustained in a place described in subsection (a), the 

rights of the parties shall be governed by the 

law of the State in which the place is located.’’. 

(2) TABLE OF CONTENTS.—The table of contents of part VI of title 28, United States Code, 

is amended by adding at the end the following: 

‘‘190. Miscellaneous ................................. 5001’’. 

(c) ACT OF MAY 26, 2000.—Section 1 of Public 

Law 106–206 (114 Stat. 314) is amended to read 

as follows: 

‘‘SECTION 1. COMMERCIAL FILMING. 

‘‘(a) COMMERCIAL FILMING FEE.— 

‘‘(1) IN GENERAL.—The Secretary of the Interior or the Secretary of Agriculture (hereafter 

individually referred to as the ‘Secretary’ with 

respect to land (except land in a System unit as 


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defined in section 100102 of title 54, United 

States Code) under their respective jurisdictions) 

shall require a permit and shall establish a reasonable fee for commercial filming activities or 

similar projects on Federal land administered by 

the Secretary. 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 on Federal land 

under the Secretary’s jurisdiction. 

‘‘(B) The size of the film crew present on Federal land under the Secretary’s jurisdiction. 

‘‘(C) The amount and type of equipment 

present. 

‘‘(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 project, 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 nor assess a fee for still photography on 

land administered by the Secretary if such photography takes place where members of the public are generally allowed. The Secretary may require a permit, fee, or both, if such 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 which are 

not a part of the site’s 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 public’s 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.’’. 

(d) PUBLIC LAW 111–24.—Section 512 of Public 

Law 111–24 (123 Stat. 1764) is amended to read 

as follows: 

‘‘SEC. 512. PROTECTION OF RIGHT OF 

INDIVIDUALS TO BEAR ARMS 

‘‘(a) CONGRESSIONAL 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 27.42 of title 50, Code of Federal 

Regulations, provides that, except in special circumstances, citizens of the United States may 

not ‘possess, use, or transport firearms on national wildlife refuges’ of the United States Fish 

and Wildlife Service. 

‘‘(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 units of 

the National Wildlife Refuge System. 

‘‘(4) The existence of different laws relating to 

the transportation and possession of firearms at 

different units of the National Wildlife Refuge 

System entrapped law-abiding gun owners while 

at units of the National Wildlife Refuge System. 

‘‘(5) Although the Bush administration issued 

new regulations relating to the 2d amendment 

rights of law-abiding citizens in units of the National Wildlife Refuge System that went into effect on January 9, 2009— 

‘‘(A) on March 19, 2009, the United States District Court for the District of Columbia granted 

a preliminary injunction with respect to the implementation and enforcement of the new regulations; and 

‘‘(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 90,790,000 

acres of land under the jurisdiction of the 

United States Fish and Wildlife Service. 

‘‘(7) Federal laws should make it clear that 

the 2d amendment rights of an individual at a 

unit of the National Wildlife Refuge System 

should not be infringed. 

‘‘(b) PROTECTION OF RIGHT OF INDIVIDUALS

TO BEAR ARMS IN UNITS OF THE NATIONAL WILDLIFE REFUGE SYSTEM.—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 unit of the National Wildlife Refuge System 

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 unit 

of the National Wildlife Refuge System is located.’’. 

SEC. 5. CONFORMING CROSS-REFERENCES. 

(a) TITLE 7, UNITED STATES CODE.—Section 

32(e) of the Bankhead-Jones Farm Tenant Act 

(7 U.S.C. 1011(e)) is amended by striking ‘‘the 

Land and Water Conservation Fund Act of 1965 

(78 Stat. 897)’’ and substituting ‘‘chapter 2003 of 

title 54, United States Code’’. 

(b) TITLE 10, UNITED STATES CODE.—Section 

2684(c)(1) of title 10, United States Code, is 

amended by striking ‘‘section 101(a) of the National Historic Preservation Act (16 U.S.C. 

470a(a))’’ and substituting ‘‘section 2023.01 of 

title 54’’. 

(c) TITLE 15, UNITED STATES CODE.—Section 

1072(a)(3)(D) of the Alaska Natural Gas Pipeline 

Act (15 U.S.C. 720(a)(3)(D)) is amended by striking ‘‘the National Historic Preservation Act (16 

U.S.C. 470 et seq.)’’ and substituting ‘‘chapter 

2003 of title 54, United States Code’’. 

(d) TITLE 16, UNITED STATES CODE.— 

(1) Section 6 of Public Law 89–72 (16 U.S.C. 

460l–17) is amended— 

(A) in subsection (a), by striking ‘‘subsection 

5(d) of the Land and Water Conservation Fund 

Act of 1965 (78 Stat. 897)’’ and substituting ‘‘section 200305(d) of title 54, United States Code’’; 

and 

(B) in subsection (g), by striking ‘‘Subsection 

6(a)(2) of the Land and Water Development 

Fund Act of 1965 (78 Stat. 897)’’ and substituting ‘‘section 200306(a)(3) of title 54, United 

States Code,’’. 

(2) Section 8 of Public Law 90–540 (16 U.S.C. 

460v–7) is amended by striking ‘‘section 6 of the 

Act of September 3, 1964 (78 Stat. 897, 903)’’ and 

substituting ‘‘section 200306 of title 54, United 

States Code’’. 

(3) Section 7(c) of the Springs Mountain National Recreation Area Act (16 U.S.C. 460hhh– 

5(c)) is amended by striking ‘‘section 7 of the 

Land and Water Conservation Fund Act of 1965 

(16 U.S.C. 460l–9)’’ and substituting ‘‘section 

100506 of title 54, United States Code’’. 

(4) Section 5(b) of Public Law 103–64 (16 

U.S.C. 460iii–4(b)) is amended by striking ‘‘section 7(a) of the Land and Water Conservation 

Fund Act of 1964 (16 U.S.C. 460l–9(a))’’ and substituting ‘‘section 200306(a) of title 54, United 

States Code’’. 

(5) Section 702(a) of the Steens Mountain Cooperative Management and Protection Act of 

2000 (16 U.S.C. 460nnn-122(a)) is amended by 

striking ‘‘section 2 of the Land and Water Conservation Fund Act of 1965 (16 U.S.C. 460l-5)’’ 

and substituting ‘‘section 200302 of title 54, 

United States Code,’’. 

(6) Section 4 of the Archaeological Resources 

Protection Act of 1979 (16 U.S.C. 470cc) is 

amended— 

(A) in subsection (h)— 

(i) in paragraph (1), by striking ‘‘the Act of 

June 8, 1906 (16 U.S.C. 431–433)’’ and substituting ‘‘chapter 3203 of title 54, United States 

Code’’; and 

(ii) in paragraph (2), by striking ‘‘the Act of 

June 8, 1906’’ each place it appears and substituting ‘‘chapter 3203 of title 54, United States 

Code’’; and 

(B) in subsection (i), by striking ‘‘section 106 

of the Act of October 15, 1966 (80 Stat. 917, 16 

U.S.C. 470f)’’ and substituting ‘‘section 306108 of 

title 54, United States Code’’. 

(7) Section 5 of the Archaeological Resources 

Protection Act of 1979 (16 U.S.C. 470dd) is 

amended by striking ‘‘the Act of June 27, 1960 

(16 U.S.C. 469–469c) or the Act of June 8, 1906 

(16 U.S.C. 431–433)’’ and substituting ‘‘chapter 

3125 or chapter 3203 of title 54, United States 

Code’’. 

(8) Section 9(a)(2) of the Archaeological Resources Protection Act of 1979 (16 U.S.C. 

470hh(a)(2)) is amended by striking ‘‘the Act of 

June 27, 1960 (16 U.S.C. 469–469c)’’ and substituting ‘‘chapter 3125 of title 54, United States 

Code’’. 

(9) Section 6311(1) of the Omnibus Public 

Land Management Act of 2009 (16 U.S.C. 

470aaa–10(1)) is amended by striking ‘‘Public 

Law 94–429 (commonly known as the ‘Mining in 

the Parks Act’ (16 U.S.C. 1901 et seq.)’’ and substituting ‘‘subchapter 3 of chapter 1007 of title 

54, United States Code’’. 

(10) Section 502(h)(1)(B) of the National Parks 

and Recreation Act of 1998 (16 U.S.C. 

471i(h)(1)(B)) is amended by striking ‘‘the Land 

and Water Conservation Fund Act’’ and substituting ‘‘chapter 2003 of title 54, United States 

Code’’. 

(11) Section 339(f)(4)(H) of the Department of 

the Interior and Related Agencies Appropriations Act, 2000 (Public Law 106–113, div. B, 

§1000(a)(3), title III, 16 U.S.C. 528 note), is 

amended by striking ‘‘Section 4 of the Land and 

Water Conservation Fund Act of 1965 (16 U.S.C. 

460l–6a)’’ and substituting ‘‘Section 100904 of 

title 54, United States Code’’. 

(12) Section 6(d) of the Alaska Land Status 

Technical Corrections Act of 1992 (Public Law 

102–415, 16 U.S.C. 539 note) is amended by striking ‘‘section 7 of the Land and Water Conservation Fund Act of 1965 (16 U.S.C. 460l–9)’’ and 

substituting ‘‘section 100506 of title 54, United 

States Code’’. 

(13) Section 2(b) of the Greer Spring Acquisition and Protection Act of 1991 (Public Law 102– 

220, 16 U.S.C. 539h note) is amended by striking 

‘‘section 7 of the Land and Water Conservation 

Fund Act of 1965 (16 U.S.C. 460l–9)’’ and substituting ‘‘section 100506 of title 54, United 

States Code’’. 

(14) Section 606 of the Interstate 90 Land Exchange Act of 1998 (Public Law 105–277, div. A, 

§101(e), title VI, 16 U.S.C. 539k note) is amended— 

(A) in subsection (a)(3), by striking ‘‘section 7 

of the Land and Water Conservation Fund Act 

of 1965 (16 U.S.C. 460l–9)’’ and substituting ‘‘section 100506 of title 54, United States Code,’’; 

(B) in subsection (b)(2), by striking ‘‘the National Historic Preservation Act’’ and substituting ‘‘division A of subtitle III of title 54, 

United States Code’’; and 


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(C) in subsection (g)(1), by striking ‘‘the National Historic Preservation Act’’ and substituting ‘‘division A of subtitle III of title 54, 

United States Code,’’. 

(15) Section 6 of Public Law 93–535 (16 U.S.C. 

541e) is amended by striking ‘‘clause 7(a)(1) of 

the Act of September 3, 1964 (78 Stat. 903), as 

amended’’ and substituting ‘‘section 200306(a)(2) 

of title 54, United States Code’’. 

(16) Section 14(e)(3)(D)(iii) of the Columbia 

River Gorge National Scenic Area Act (16 U.S.C. 

544l(e)(3)(D)(iii)) is amended by striking ‘‘the 

Land and Water Conservation Fund Act of 1965 

(16 U.S.C. 460l–4 through 11)’’ and substituting 

‘‘chapter 2003 of title 54, United States Code,’’. 

(17) Section 16(a)(1) of the Columbia River 

Gorge National Scenic Area Act (16 U.S.C. 

544n(a)(1) is amended by striking ‘‘the Land 

and Water Conservation Fund (16 U.S.C. 460l–4 

and following)’’ and substituting ‘‘chapter 2003 

of title 54, United States Code,’’. 

(18) Section 3(b) of the Saint Helena Island 

National Scenic Area Act (16 U.S.C. 546a(b)) is 

amended by striking ‘‘section 8 of the Land and 

Water Conservation Fund Act of 1965 (16 U.S.C. 

460l–9)’’ and substituting ‘‘section 100506 of title 

54, United States Code’’. 

(19) Section 6(a) of the Act of June 22, 1948 

(known as the Thye-Blatnik Act) (16 U.S.C. 

577h(a)) is amended by striking ‘‘the Land and 

Water Conservation Fund Act (78 Stat. 897), as 

amended’’ and substituting ‘‘chapter 2003 of 

title 54, United States Code’’. 

(20) Section 104(f) of the Valles Caldera Preservation Act (16 U.S.C. 688v–2(f)) is amended by 

striking ‘‘section 7 of the Land and Water Conservation Fund Act of 1965 (16 U.S.C. 460l–9)’’ 

and substituting ‘‘section 100506 of title 54, 

United States Code’’. 

(21) Section 4(a)(3) of the Wilderness Act (16 

U.S.C. 1133(a)(3)) is amended— 

(A) by striking ‘‘the Act of August 25, 1916’’ 

and substituting ‘‘section 100101(b)(1), chapter 

1003, and sections 100751(a), 100752, 100753, and 

102101 of title 54, United States Code’’; and 

(B) by striking ‘‘the Act of June 8, 1906 (34 

Stat. 225; 16 U.S.C. 432 et seq); section 3(2) of the 

Federal Power Act (16 U.S.C. 796(2)); and the 

Act of August 21, 1935 (49 Stat. 666; 16 U.S.C. 

461 et seq.)’’ and substituting ‘‘section 3(2) of 

the Federal Power Act (16 U.S.C. 796(2)); and 

chapters 3201 and 3203 of title 54, United States 

Code’’. 

(22) Section 5 of Public Law 90–454 (16 U.S.C. 

1225) is amended by striking ‘‘the Land and 

Water Conservation Fund Act of 1965 (78 Stat. 

897)’’ and substituting ‘‘chapter 2003 of title 54, 

United States Code’’. 

(23) Section 7(h)(1) of the National Trails System Act (16 U.S.C. 1246(h)(1) is amended by 

striking ‘‘the Volunteers in the Parks Act of 

1969’’ and substituting ‘‘section 102301 of title 

54, United States Code,’’. 

(24) Section 8(a) of the National Trails System 

Act (16 U.S.C. 1247(a)) is amended— 

(A) by striking ‘‘the Land and Water Conservation Fund Act’’ and substituting ‘‘chapter 

2003 of title 54, United States Code’’; 

(B) by striking ‘‘the Act of October 15, 1966 (80 

Stat. 915), as amended’’ and substituting ‘‘division A of subtitle III of title 54, United States 

Code’’; and 

(C) by striking ‘‘the Act of May 28, 1963 (77 

Stat. 49’’ and substituting ‘‘chapter 2003 of title 

54, United States Code’’. 

(25) Section 9(e)(3) of the National Trails System Act (16 U.S.C. 1248 (e)(3)) is amended by 

striking ‘‘section 2 of the Land and Water Conservation Fund Act of 1965’’ and substituting 

‘‘section 200302 of title 54, United States Code’’. 

(26) Section 10(a)(1) of the National Trails 

System Act (16 U.S.C. 1249(a)(1)) is amended by 

striking ‘‘the Land and Water Conservation 

Fund Act (78 Stat. 897), as amended’’ and substituting ‘‘chapter 2003 of title 54, United States 

Code’’. 

(27) Section 11(a)(2) of the National Trails 

System Act (16 U.S.C. 1250(a)(2)) is amended— 

(A) by striking ‘‘the Volunteers in the Parks 

Act of 1969’’ and substituting ‘‘section 102301 of 

title 54, United States Code’’; and 

(B) by striking ‘‘section 6 of the Land and 

Water Conservation Fund Act of 1965’’ and substituting ‘‘200305 of title 54, United States 

Code’’. 

(28) Section 12(4) of the National Trails System Act (16 U.S.C. 1251(4)) is amended by striking ‘‘the Land and Water Conservation Fund 

Act of 1965’’ and substituting ‘‘chapter 2003 of 

title 54, United States Code,’’. 

(29) Section 2(a) of the Wild and Scenic Rivers 

Act (16 U.S.C. 1273(a)) is amended by striking 

‘‘the Land and Water Conservation Act of 1965’’ 

and substituting ‘‘chapter 2003 of title 54, 

United States Code,’’. 

(30) Section 7(d) of the Wild and Scenic Rivers 

Act (16 U.S.C. 1278(d)) is amended by striking 

‘‘the Land and Water Conservation Fund Act of 

1965’’ and substituting ‘‘chapter 2003 of title 54, 

United States Code’’. 

(31) Section 11 of the Wild and Scenic Rivers 

Act (16 U.S.C. 1282) is amended— 

(A) in subsection (a), by striking ‘‘the Land 

and Water Conservation Fund Act of 1965 (78 

Stat. 897’’ and substituting ‘‘chapter 2003 of title 

54, United States Code’’; and 

(B) in subsection (b)(2)— 

(i) in subparagraph (A), by striking ‘‘the Volunteers in the Parks Act of 1969’’ and substituting ‘‘section 102301 of title 54, United 

States Code,’’; and 

(ii) in subparagraph (B), by striking ‘‘the 

Land and Water Conservation Fund Act of 

1965’’ and substituting ‘‘chapter 2003 of title 54, 

United States Code’’. 

(32) Section 5(b) of the Endangered Species 

Act of 1973 (16 U.S.C. 1534(b) is amended by 

striking ‘‘the Land and Water Conservation 

Fund Act of 1965, as amended’’ and substituting 

‘‘chapter 2003 of title 54, United States Code’’. 

(33) Section 815(4) of the Alaska National Interest Lands Conservation Act (16 U.S.C. 

3125(4)’’ is amended— 

(A) by striking ‘‘the National Park Service Organic Act (39 Stat. 535, 16 U.S.C. 1, 2, 3, 4)’’ and 

substituting‘‘section 100101(b)(1), chapter 1003, 

and sections 100751(a), 100752, 100753, and 

102101 of title 54, United States Code’’; and 

(B) by adding ‘‘or such title’’ after ‘‘such 

Acts’’. 

(34) Section 6(a)(6)(C) of the Coastal Barrier 

Act of 1968 (16 U.S.C. 3505(a)(6)(C)) is amended 

by striking ‘‘the Land and Water Conservation 

Fund Act of 1965 (16 U.S.C. 460l–4 through 11)’’ 

and substituting ‘‘chapter 2003 of title 54, 

United States Code,’’. 

(35) Section 11 of the National Fish and Wildlife Foundation Establishment Act (16 U.S.C. 

3710) is amended by striking ‘‘Public Law 90–209 

(16 U.S.C. 19e et seq.)’’ and substituting ‘‘subchapter II of chapter 1011 of title 54, United 

States Code’’. 

(36) Section 805(f)(1) of the Federal Lands 

Recreation Enhancement Act (16 U.S.C. 

6804(f)(1)) is amended— 

(A) by striking ‘‘(16 U.S.C. 460l–6a)’’; and 

(B) by striking ‘‘; 16 U.S.C. 5991–5995’’. 

(37) Section 813 of the Federal Lands Recreation Enhancement Act (16 U.S.C. 6812) is 

amended— 

(A) in subsection (A), by striking ‘‘(16 U.S.C. 

460l–6a et seq.)’’; 

(B) in subsection (b), by striking ‘‘; 16 U.S.C. 

460l–6a’’; 

(C) in subsection (c)— 

(i) in paragraph (1), by striking ‘‘; 16 U.S.C. 

5982’’; and 

(ii) in paragraph (2), by striking ‘‘; 16 U.S.C. 

5991–5995’’; and 

(D) in subsection (e)— 

(i) in paragraph (1), by striking ‘‘(16 U.S.C. 

460l–6a(i)(1))’’; 

(ii) in paragraph (2), by striking ‘‘; 16 U.S.C. 

5991–5995’’; and 

(iii) in paragraph (3), by striking ‘‘; 16 U.S.C. 

460l–6a’’. 

(e) TITLE 20, UNITED STATES CODE.— 

(1) Section 2 of the Act of August 15, 1949 (20 

U.S.C. 78a) is amended by striking ‘‘the Act of 

June 8, 1906 (16 U.S.C. 432, 433)’’ and substituting ‘‘section 1866(b) of title 18, United 

States Code, and sections 320302 and 320303 of 

title 54, United States Code’’. 

(2) Section 1517(a)(3) of the American Indian, 

Alaska Native, and Native Hawaiian Culture 

and Art Development Act (20 U.S.C. 4424(a)(3)) 

is amended by striking ‘‘the National Historic 

Preservation Act (16 U.S.C. 470 et seq.)’’ and 

substituting ‘‘division A of subtitle III of title 54, 

United States Code’’. 

(3) Section 7202(13)(E) of the Native Hawaiian 

Education Act (20 U.S.C. 7512(13)(D)) is amended by striking ‘‘ the National Historic Preservation Act (16 U.S.C. 470 et seq.)’’ and substituting 

‘‘division A of subtitle III of title 54, United 

States Code’’. 

(f) TITLE 23, UNITED STATES CODE.— 

(1) Section 103(c)(5) of title 23, United States 

Code, is amended— 

(A) in subparagraph (B), by striking ‘‘section 

106 of the National Historic Preservation Act (16 

U.S.C. 470f)’’ and substituting ‘‘section 306108 of 

title 54’’; and 

(B) in subparagraph (C), by striking ‘‘section 

106 of the National Historic Preservation Act (16 

U.S.C. 470f)’’ and substituting ‘‘section 306108 of 

title 54’’. 

(2) Section 133(e)(5)(B) of title 23, United 

States Code, is amended— 

(A) by striking ‘‘title II of the National Historic Preservation Act (16 U.S.C. 470i et seq.)’’ 

and substituting ‘‘section 304101 of title 54’’; and 

(B) by striking ‘‘section 106 of such Act (16 

U.S.C. 470f)’’ and substituting ‘‘section 306108 of 

title 54’’. 

(3) Section 138(b)(2)(A) of title 23, United 

States Code, is amended by striking ‘‘section 106 

of the National Historic Preservation Act (16 

U.S.C. 470f)’’ and substituting ‘‘section 306108 of 

title 54’’. 

(4) Section 206 of title 23, United States Code, 

is amended— 

(A) in subsection (d)(1)(B), by striking ‘‘the 

Land and Water Conservation Fund Act of 1965 

(16 U.S.C. 460l–4 et seq.)’’ and substituting 

‘‘chapter 2003 of title 54’’; 

(B) in subsection (d)(2)(D)(ii), by striking ‘‘the 

Land and Water Conservation Fund Act of 1965 

(16 U.S.C. 460l–4 et seq.)’’ and substituting 

‘‘chapter 2003 of title 54’’; and 

(C) in subsection (h)(3), by striking ‘‘section 

6(f)(3) of the Land and Water Conservation 

Fund Act of 1965 (16 U.S.C. 460l–8(f)(3))’’ and 

substituting ‘‘section 200305(f)(3) of title 54’’. 

(g) TITLE 25, UNITED STATES CODE.—Section 

509(a) of the Indian Self-Determination and 

Education Assistance Act (25 U.S.C. 458aaa– 

8(a)) is amended by striking ‘‘the National Historic Preservation Act (16 U.S.C. 470et seq.)’’ 

and substituting ‘‘division A of subtitle III of 

title 54, United States Code’’. 

(h) TITLE 26, UNITED STATES CODE.—Section 

9503(c)(3)(A)(i) of the Internal Revenue Code of 

1986 (26 U.S.C. 9503(c)(3)(A)(i)) is amended by 

striking ‘‘title I of the Land and Water Conservation Fund Act of 1965’’ and substituting 

‘‘chapter 2003 of title 54’’. 

(i) TITLE 36, UNITED STATES CODE.—Section 

153513(a)(1) of title 36, United States Code, is 

amended by striking ‘‘the Act of August 25, 1916 

(16 U.S.C. 1 et seq.) (known as the National 

Park Service Organic Act)’’ and substituting 

‘‘section 100101(a), chapter 1003, and sections 

100751(a), 100752, 100753, and 102101 of title 54, 

United States Code’’. 

(j) TITLE 40, UNITED STATES CODE.— 

(1) Section 549(c)(3)(B)(ix) of title 40, United 

States code, is amended— 

(A) by striking ‘‘section 308(e)(2) of the National Historic Preservation Act (16 U.S.C. 

470w–7(e)(2))’’ and substituting ‘‘section 

305101(4) of title 54’’; and 

(B) by striking ‘‘subsection (b) of that section’’ and substituting ‘‘section 305103 of title 

54’’. 


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July 31, 2012 CONGRESSIONAL RECORD — HOUSE H5499 

(2) Section 550(h)(1)(B) of title 40, United 

States Code, is amended by striking ‘‘section 3 of 

the Act of August 21, 1935 (16 U.S.C. 463) 

(known as the Historic Sites, Buildings, and Antiquities Act)’’ and substituting ‘‘section 102303 

of title 54’’. 

(3) Section 1303(c) of title 40, United States 

Code, is amended by striking ‘‘the Act of August 

21, 1935 (16 U.S.C. 461 et seq.) (known as the 

Historic Sites, Buildings, and Antiquities Act)’’ 

and substituting ‘‘chapter 3201 of title 54’’. 

(4) Section 1314(a)(2)(A)(ii) of title 40, United 

States Code, is amended by striking ‘‘the Act of 

August 25, 1916 (16 U.S.C. 1, 2, 3, 4) (known as 

the National Park Service Organic Act)’’ and 

substituting ‘‘section 100101(a), chapter 1003, 

and sections 100751(a), 100752, 100753, and 

102101 of title 54’’. 

(5) Section 3303(c) of title 40, United States 

Code, is amended by striking ‘‘title II of the National Historic Preservation Act (16 U.S.C. 470i 

et seq.)’’ and substituting ‘‘section 304101 of title 

54’’. 

(6) Section 3306(a)(4) of title 40, United States 

Code, is amended by striking ‘‘section 101 of the 

National Historic Preservation Act (16 U.S.C. 

470a)’’ and substituting ‘‘chapter 3021 of title 

54’’. 

(7) Section 14507(a)(1)(A)(ii) of title 40, United 

States Code, is amended by striking ‘‘the Land 

and Water Conservation Fund Act of 1965 (16 

U.S.C. 460l–4 et seq.)’’ and substituting ‘‘chapter 

2003 of title 54’’. 

(k) TITLE 42, UNITED STATES CODE.— 

(1) Section 303(2) of the Water Resources 

Planning Act (42 U.S.C. 1962c–2(2)) is amended 

by striking ‘‘the Land and Water Conservation 

Fund Act of 1965’’ and substituting ‘‘chapter 

2003 of title 54, United States Code’’. 

(2) Section 208(2) of the Demonstration Cities 

and Metropolitan Development Act of 1966 (42 

U.S.C. 3338(2)) is amended by striking ‘‘section 

5(e) of the Land And Water Conservation Fund 

Act of 1965’’ and substituting ‘‘section 200305(e) 

of title 54, United States Code’’. 

(3) Section 5(c) of the Department of Housing 

and Urban Development Act (42 U.S.C. 3534(c)) 

is amended by striking ‘‘the Land and Water 

Conservation Fund Act of 1965 (78 Stat. 897)’’ 

and substituting ‘‘chapter 2003 of title 54, 

United States Code,’’. 

(4) Section 121 of the Housing and Community 

Development Act of 1974 (42 U.S.C. 5320) is 

amended— 

(A) by amending subsection (a) to read as follows: 

‘‘(a) With respect to applications for assistance under section 5318 of this title, the Secretary of the Interior, after consulting with the 

Secretary, shall prescribe and implement regulations concerning projects funded under section 

5318 of this title and their relationship with division A of substitle III and chapter 3125 of title 

54, United States Code.’’; 

and 

(B) in subsection (c), by striking ‘‘section 106 

of the Act referred to in subsection (a)(1)’’ and 

substituting ‘‘section 306108 of title 54, United 

States Code,’’. 

(5) Section 504(c)(2) of the Americans with 

Disabilities Act of 1990 (42 U.S.C. 12204(c)(2)) is 

amended by striking ‘‘the National Historic 

Preservation Act (16 U.S.C. 470 et seq.)’’ and 

substituting ‘‘division A of subtitle III of title 54, 

United States Code’’. 

(6) Section 999H(c)(2) of the Energy Policy Act 

of 2005 Energy Research, Development, Demonstration, and Commercial Application Act of 

2005 (42 U.S.C. 16378(c)(2)) is amended— 

(A) in subparagraph (B), by striking ‘‘section 

2(c) of the Land and Water Conservation Fund 

Act of 1965 (16 U.S.C. 460l–5(c))’’ and substituting ‘‘section 200302(c) of title 54, United 

States Code’’; and 

(B) in subparagraph (C), by striking ‘‘section 

108 of the National Historic Preservation Act (16 

U.S.C. 470h)’’ and substituting ‘‘chapter 3031 of 

title 54, United States Code’’. 

(l) TITLE 43, UNITED STATES CODE.— 

(1) The second paragraph under the heading 

‘‘ADMINISTRATIVE PROVISIONS’’ under the heading ‘‘BUREAU OF RECLAMATION’’ (43 U.S.C. 377b) 

is amended by striking ‘‘the Acts of August 21, 

1935 (16 U.S.C. 461–467) and June 27 1960 (16 

U.S.C. 469)’’ and substituting ‘‘chapters 3125 

and 3201 of title 54, United States Code’’. 

(2) Section 105 of the Gulf of Mexico Energy 

Security Act of 2006 (Public Law 109–432, div. C, 

title I, 43 U.S.C. 1331 note) is amended— 

(A) in subsection (a)(2)(B)— 

(i) by striking ‘‘section 6 of the Land And 

Water Conservation Fund Act of 1965 (16 U.S.C. 

460l–8)’’ and substituting ‘‘section 200305 of title 

54, United States Code’’; and 

(ii) by striking ‘‘section 2 of that Act (16 

U.S.C. 460l–5)’’ and substituting ‘‘section 200302 

of that title’’; and 

(B) in subsection (e)(3)(B), by striking ‘‘the 

Land and Water Conservation Fund Act of 1965 

(16 U.S.C. 460l–4 et seq.)’’ and substituting 

‘‘chapter 2003 of title 54, United States Code’’. 

(3) Section 1401(b) of the Omnibus Budget 

Reconciliation Act of 1981 (43 U.S.C. 1457a(b)) is 

amended— 

(A) by striking ‘‘the Land and Water Conservation Fund Act of 1965 (78 Stat; 897; 16 

U.S.C. 460z)’’ and substituting ‘‘chapter 2003 of 

title 54, United States Code’’; 

(B) by striking ‘‘the National Historic Preservation Act of 1966 (80 Stat. 915; 16 U.S.C. 470)’’ 

and substituting ‘‘division A of subtitle III of 

title 54, United States Code’’; and 

(C) by striking ‘‘the Urban Park and Recreation Recovery Act of 1978 (92 Stat. 3538; 16 

U.S.C. 2501, et seq.)’’ and substituting ‘‘chapter 

2005 of title 54, United States Code’’. 

(4) The paragraph under the heading ‘‘NATURAL RESOURCE DAMAGE ASSESSMENT AND RESTORATION FUND’’ under the heading ‘‘UNITED

STATES FISH AND WILDLIFE SERVICE’’ in Public 

Law 103–138 (43 U.S.C. 1474b–1) is omitted by 

striking ‘‘the Act of July 27, 1990 (Public Law 

101–337)’’ and substituting ‘‘subchapter II of 

chapter 1007 of title 54, United States Code,’’. 

(5) Section 7(e)(3) of the Colorado River 

Floodway Protection Act (43 U.S.C. 1600e(e)(3)) 

is amended by striking ‘‘the Land and Water 

Conservation Fund Act of 1965 (16 U.S.C. 460l– 

4 through 11)’’ and substituting ‘‘chapter 2003 of 

title 54, United States Code’’. 

(6) Section 202(c)(9) of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 

1712(c)(9)) is amended by striking ‘‘the Act of 

September 3, 1964 (78 Stat. 897), as amended’’ 

and substituting ‘‘chapter 2003 of title 54, 

United States Code’’. 

(7) Section 204(j) of the Federal Land Policy 

and Management Act of 1976 (43 U.S.C. 1714(j)) 

is amended by striking ‘‘the Act of June 8, 1906 

(34 Stat. 225; 16 U.S.C. 431–433)’’ and substituting ‘‘chapter 3203 of title 54, United States 

Code’’. 

(8) Section 201(d)(3)(E) of the Consolidated 

Natural Resources Act of 2008 (43 U.S.C. 

1786(d)(3)(E)) is amended by striking ‘‘the National Historic Preservation Act (16 U.S.C. 470 et 

seq.)’’ and substituting ‘‘division A of subtitle 

III of title 54, United States Code,’’. 

(9) Section 206 of the Federal Land Transaction Facilitation Act (43 U.S.C. 2305) is 

amended— 

(A) in subsection (e), by striking ‘‘the Land 

and Water Conservation Fund Act (16 U.S.C. 

460l–4 et seq.)’’ and substituting ‘‘chapter 2003 

of title 54, United States Code’’; and 

(B) in subsection (f)(2), by striking ‘‘section 3 

of the Land and Water Conservation Fund Act 

of 1965 (16 U.S.C. 460l–6)’’ and substituting ‘‘section 200303 of title 54, United States Code’’. 

(m) TITLE 45, UNITED STATES CODE.— 

(1) Section 1168(a) of the Omnibus Budget 

Reconciliation Act of 1981 (45 U.S.C. 1111(a)) is 

amended by striking ‘‘the National Historic 

Preservation Act’’ and substituting ‘‘division A 

of subtitle III of title 54, United States Code’’. 

(2) Section 613(a) of the Alaska Railroad 

Transfer Act of 1982 (45 U.S.C. 1212(a)) is 

amended by striking ‘‘the National Historic 

Preservation Act (16 U.S.C. 470 et seq.)’’ and 

substituting ‘‘division A of subtitle III of title 54, 

United States Code’’. 

(n) TITLE 46, UNITED STATES CODE.—Section 

13102(b)(2) of title 46, United States Code, is 

amended by striking ‘‘the Land and Water Conservation Fund Act of 1965 (16 U.S.C. 460l–4— 

460–11)’’ and substituting ‘‘chapter 2003 of title 

54, United States Code,’’. 

(o) TITLE 48, UNITED STATES CODE.— 

(1) Section 105(l) of Public Law 99–239 (known 

as the Compact of Free Association Amendments 

Act of 2003) (48 U.S.C. 1905(l)) is amended by 

striking ‘‘the National Historic Preservation Act 

(80 Stat. 915; 16 U.S.C. 470–470t)’’ and substituting ‘‘division A of subtitle III of title 54, 

United States Code’’. 

(2) Section 105(j) of Public Law 108–188 

(known as the Compact of Free Association Act 

of 1985) (48 U.S.C. 1921(d)) is amended by striking ‘‘the National Historic Preservation Act (80 

Stat. 915; 16 U.S.C. 470–470t)’’ and substituting 

‘‘division A of subtitle III of title 54, United 

States Code’’. 

(p) TITLE 49, UNITED STATES CODE.—Section 

303(d)(2) of title 49, United States Code, is 

amended by striking ‘‘section 106 of the National Historic Preservation Act (16 U.S.C. 

470f)’’ and substituting ‘‘section 306108 of title 

54, United States Code’’. 

SEC. 6. TRANSITIONAL AND SAVINGS PROVISIONS. 

(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 3, 2012. If a law enacted after that 

date amends or repeals a source provision, that 

law is deemed to amend or repeal, as the case 

may be, the corresponding title 54 provision. If 

a law enacted after that date is otherwise inconsistent with a title 54 provision or a provision of 

this Act, that law supersedes the title 54 provision or provision of this Act to the extent of the 

inconsistency. 

(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 54 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. 

SEC. 7. REPEALS. 

The following provisions of law are repealed, 

except with respect to rights and duties that matured, penalties that were incurred, or proceedings that were begun before the date of enactment of this Act: 


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H5500 CONGRESSIONAL RECORD — HOUSE July 31, 2012 

Schedule of Laws Repealed 

Act Section United States Code 

Former Classification 

Act of February 15, 1901 (ch. 372 relating to System units) ....................................................... ..................................... 16 U.S.C. 79.

Act of June 8, 1906 (ch. 3060) .................................................................................................. 1 ................................... 16 U.S.C. 433.

2 ................................... 16 U.S.C. 431.

3 ................................... 16 U.S.C. 432.

4 ................................... 16 U.S.C. 432.

Act of March 4, 1911 (ch. 238 (4th and last paragraphs (relating to System units) under heading 

‘‘IMPROVEMENT OF THE NATIONAL FOREST’’ under heading ‘‘FOREST SERVICE’’) ..................... ..................................... 16 U.S.C. 5.

Act of August 25, 1916 (ch. 408) .............................................................................................. 1 ................................... 16 U.S.C. 1.

2 ................................... 16 U.S.C. 2.

3 ................................... 16 U.S.C. 3.

4 ................................... 16 U.S.C. 4.

Act of June 12, 1917 (ch. 27) ................................................................................................... 1 (21st undesignated 

paragraph under 

heading ‘‘NATIONAL

PARKS’’).

16 U.S.C. 452.

Act of June 5, 1920 (ch. 235) ................................................................................................... 1 (2d undesignated 

paragraph under 

heading ‘‘NATIONAL

PARKS’’).

16 U.S.C. 6.

Act of May 24, 1922 (ch. 199) .................................................................................................. (1st sentence in 9th 

undesignated paragraph 

under heading 

‘‘NATIONAL PARKS’’).

16 U.S.C. 452.

Act of April 9, 1924 (ch. 86) .................................................................................................... 1 ................................... 16 U.S.C. 8.

4 ................................... 16 U.S.C. 8a.

5 ................................... 16 U.S.C. 8b.

6 ................................... 16 U.S.C. 8c.

Act of May 10, 1926 (ch. 277) .................................................................................................. 1 (28th undesignated 

paragraph under 

heading ‘‘NATIONAL 

PARKS’’).

16 U.S.C. 456.

1 (last undesignated 

paragraph under 

heading ‘‘NATIONAL 

PARKS’’).

16 U.S.C. 11.

Act of June 11, 1926 (ch. 555) .................................................................................................. 1 ................................... 16 U.S.C. 455.

2 ................................... 16 U.S.C. 455a.

3 ................................... 16 U.S.C. 455b.

4 ................................... 16 U.S.C. 455c.

Act of July 3, 1926 (ch. 792) .................................................................................................... 1 ................................... 16 U.S.C. 12.

2 ................................... 16 U.S.C. 13.

Act of February 1, 1928 (ch. 15) .............................................................................................. ..................................... 16 U.S.C. 457.

Act of March 7, 1928 (ch. 137) ................................................................................................. 1 (28th undesignated 

paragraph under 

heading ‘‘NATIONAL 

PARK SERVICE’’).

16 U.S.C. 15.

Act of March 8, 1928 (ch. 152) ................................................................................................. ..................................... 16 U.S.C. 458.

Act of April 18, 1930 (ch. 187) ................................................................................................. ..................................... 16 U.S.C. 16.

Act of May 26, 1930 (ch. 324) .................................................................................................. 1 ................................... 16 U.S.C. 17.

3 ................................... 16 U.S.C. 17b.

4 ................................... 16 U.S.C. 17c.

5 ................................... 16 U.S.C. 17d.

6 ................................... 16 U.S.C. 17e.

7 ................................... 16 U.S.C. 17f.

8 ................................... 16 U.S.C. 17g.

9 ................................... 16 U.S.C. 17h.

10 ................................. 16 U.S.C. 17i.

11 ................................. 16 U.S.C. 17j.

Act of March 4, 1931 (ch. 522) ................................................................................................. title I (proviso in last 

undesignated paragraph 

under heading 

‘‘NATIONAL PARK

SERVICE’’).

16 U.S.C. 9a.

Act of March 2, 1933 (ch. 180) ................................................................................................. 1 ................................... 16 U.S.C. 9a.

Act of May 9, 1935 (ch. 101) .................................................................................................... 1 (34th undesignated 

paragraph under 

heading ‘‘NATIONAL 

PARK SERVICE’’).

16 U.S.C. 14b, 456a.

Act of August 21, 1935 (ch. 593) .............................................................................................. 1 ................................... 16 U.S.C. 461.

2 ................................... 16 U.S.C. 462.

3 ................................... 16 U.S.C. 463.

4 ................................... 16 U.S.C. 464.

5 ................................... 16 U.S.C. 465.

6 ................................... 16 U.S.C. 466.

7 ................................... 16 U.S.C. 467.

Act of June 23, 1936 (ch. 735) .................................................................................................. 1 ................................... 16 U.S.C. 17k.

2 ................................... 16 U.S.C. 17l. 3 ................................... 16 U.S.C. 17m.

4 ................................... 16 U.S.C. 17n.

Act of May 10, 1939 (ch. 119) .................................................................................................. 1 (41st undesignated 

paragraph under 

heading ‘‘NATIONAL 

PARK SERVICE’’).

16 U.S.C. 14a.

Act of June 18, 1940 (ch. 395) .................................................................................................. 1 (proviso in 3d 

undesignated paragraph 

under heading 

‘‘NATIONAL PARK 

SERVICE’’).

16 U.S.C. 17j–1.

Act of August 27, 1940 (ch. 690) .............................................................................................. 1 ................................... 16 U.S.C. 458a.

Act of June 28, 1941 (ch. 259) .................................................................................................. 1 (41st undesignated 

paragraph under 

heading ‘‘NATIONAL 

PARK SERVICE’’).

16 U.S.C. 14c.

Act of August 7, 1946 (ch. 788) ................................................................................................ (b) through (g) .............. 16 U.S.C. 17j–2(b) 

through (g).


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July 31, 2012 CONGRESSIONAL RECORD — HOUSE H5501 

Schedule of Laws Repealed—Continued 

Act Section United States Code 

Former Classification 

(i), (j) ........................... 16 U.S.C. 17j–2(i), (j).

Act of June 3, 1948 (ch. 401) ................................................................................................... 1 ................................... 16 U.S.C. 8e.

2 ................................... 16 U.S.C. 8f.

Act of October 26, 1949 (ch. 755) .............................................................................................. 1 ................................... 16 U.S.C. 468.

2 ................................... 16 U.S.C. 468a.

3 ................................... 16 U.S.C. 468b.

4 ................................... 16 U.S.C. 468c.

5 ................................... 16 U.S.C. 468d.

Act of March 18, 1950 (ch. 72) ................................................................................................. 1 ................................... 16 U.S.C. 7a.

2 ................................... 16 U.S.C. 7b.

3 ................................... 16 U.S.C. 7c.

4 ................................... 16 U.S.C. 7d.

5 ................................... 16 U.S.C. 7e.

Act of September 14, 1950 (ch. 950) .......................................................................................... 1 (last sentence proviso 

relating to national 

monuments).

16 U.S.C. 431a.

1 (last sentence proviso 

relating to national 

parks).

16 U.S.C. 451a.

Act of August 8, 1953 (ch. 384) ................................................................................................ 1 (less (3)) ..................... 16 U.S.C. 1b (less (3)).

2 ................................... 16 U.S.C. 1c.

3 ................................... 16 U.S.C. 1d.

Act of August 31, 1954 (ch. 1163) ............................................................................................. ..................................... 16 U.S.C. 452a.

Act of July 1, 1955 (ch. 259) .................................................................................................... 1 ................................... 16 U.S.C. 18f.

2 ................................... 16 U.S.C. 18f–2.

3 ................................... 16 U.S.C. 18f–3.

Public Law 86–523 ................................................................................................................. 2 ................................... 16 U.S.C. 469a.

3 ................................... 16 U.S.C. 469a–1.

4 ................................... 16 U.S.C. 469a–2.

5 ................................... 16 U.S.C. 469a–3.

6 ................................... 16 U.S.C. 469b.

7 ................................... 16 U.S.C. 469c.

8 ................................... 16 U.S.C. 469c–1.

Public Law 87–608 ................................................................................................................. ..................................... 16 U.S.C. 3b.

Public Law 88–29 ................................................................................................................... 1 ................................... 16 U.S.C. 460l.

2 ................................... 16 U.S.C. 460l–1.

3 ................................... 16 U.S.C. 460l–2.

4 ................................... 16 U.S.C. 460l–3.

Land and Water Conservation Fund Act of 1965 (Pub. L. 88–578) ............................................. title I, §2 ....................... 16 U.S.C. 460l–5.

title I, §3 ....................... 16 U.S.C. 460l–6.

title I, §4(i)(1)(C) ........... 16 U.S.C. 460l–6a(i)(1)(C).

title I, §4(j) through (n) 16 U.S.C. 460l–6a(j) 

through (n).

title I, §5 ....................... 16 U.S.C. 460l–7.

title I, §6 ....................... 16 U.S.C. 460l–8.

title I, §7 ....................... 16 U.S.C. 460l–9.

title I, §8 ....................... 16 U.S.C. 460l–10.

title I, §9 ....................... 16 U.S.C. 460l–10a.

title I, §10 ..................... 16 U.S.C. 460l–10b.

title I, §11 ..................... 16 U.S.C. 460l–10c.

title I, §12 ..................... 16 U.S.C. 460l–10d.

title I, §13 ..................... 16 U.S.C. 460l–10e.

title II, §201 .................. 16 U.S.C. 460l–11.

National Historic Preservation Act (Pub. L. 89–665) ................................................................. 2 ................................... 16 U.S.C. 470–1.

101 ................................ 16 U.S.C. 470a.

102 ................................ 16 U.S.C. 470b.

103 ................................ 16 U.S.C. 470c.

104 ................................ 16 U.S.C. 470d.

105 ................................ 16 U.S.C. 470e.

106 ................................ 16 U.S.C. 470f.

107 ................................ 16 U.S.C. 470g.

108 ................................ 16 U.S.C. 470h.

109 ................................ 16 U.S.C. 470h–1.

110 ................................ 16 U.S.C. 470h–2.

111 ................................ 16 U.S.C. 470h–3.

112 ................................ 16 U.S.C. 470h–4.

113 ................................ 16 U.S.C. 470h–5.

201 ................................ 16 U.S.C. 470i.

202 ................................ 16 U.S.C. 470j.

203 ................................ 16 U.S.C. 470k.

204 ................................ 16 U.S.C. 470l. 205 ................................ 16 U.S.C. 470m.

206 ................................ 16 U.S.C. 470n.

207 ................................ 16 U.S.C. 470o. 208 ................................ 16 U.S.C. 470p.

209 ................................ 16 U.S.C. 470q.

210 ................................ 16 U.S.C. 470r.

211 ................................ 16 U.S.C. 470s.

212 ................................ 16 U.S.C. 470t.

213 ................................ 16 U.S.C. 470u.

214 ................................ 16 U.S.C. 470v.

215 ................................ 16 U.S.C. 470v–1.

216 ................................ 16 U.S.C. 470v–2.

301 ................................ 16 U.S.C. 470w.

302 ................................ 16 U.S.C. 470w–1.

303 ................................ 16 U.S.C. 470w–2.

304 ................................ 16 U.S.C. 470w–3.

305 ................................ 16 U.S.C. 470w–4.

306 ................................ 16 U.S.C. 470w–5.

307 ................................ 16 U.S.C. 470w–6.

308 ................................ 16 U.S.C. 470w–7.

309 ................................ 16 U.S.C. 470w–8.

401 ................................ 16 U.S.C. 470x.

402 ................................ 16 U.S.C. 470x–1.


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H5502 CONGRESSIONAL RECORD — HOUSE July 31, 2012 

Schedule of Laws Repealed—Continued 

Act Section United States Code 

Former Classification 

403 ................................ 16 U.S.C. 470x–2.

404 ................................ 16 U.S.C. 470x–3.

405 ................................ 16 U.S.C. 470x–4.

406 ................................ 16 U.S.C. 470x–5.

407 ................................ 16 U.S.C. 470x–6.

Demonstration Cities and Metropolitan Development Act of 1966 (Pub. L. 89–754) ..................... 603 ................................ 16 U.S.C. 470b–1.

Public Law 90–209 ................................................................................................................. 1 ................................... 16 U.S.C. 19e.

2 ................................... 16 U.S.C. 19f.

3 ................................... 16 U.S.C. 19g.

4 ................................... 16 U.S.C. 19h.

5 ................................... 16 U.S.C. 19i.

6 ................................... 16 U.S.C. 19j.

7 ................................... 16 U.S.C. 19k.

8 ................................... 16 U.S.C. 19l. 9 ................................... 16 U.S.C. 19m.

10 ................................. 16 U.S.C. 19n.

11 ................................. 16 U.S.C. 19o. Public Law 90–401 ................................................................................................................. 5 ................................... 16 U.S.C. 460l–22.

Volunteers in the Parks Act of 1969 (Pub. L. 91–357) ................................................................ 1 ................................... 16 U.S.C. 18g.

2 ................................... 16 U.S.C. 18h.

3 ................................... 16 U.S.C. 18i.

4 ................................... 16 U.S.C. 18j.

Public Law 91–383 ................................................................................................................. 1 ................................... 16 U.S.C. 1a–1.

3 ................................... 16 U.S.C. 1a–2.

6 ................................... 16 U.S.C. 1a–3.

7 ................................... 16 U.S.C. 1a–4.

8 ................................... 16 U.S.C. 1a–5.

10 ................................. 16 U.S.C. 1a–6.

12 ................................. 16 U.S.C. 1a–7.

13 ................................. 16 U.S.C. 1a–7a.

Public Law 94–429 ................................................................................................................. 1 ................................... 16 U.S.C. 1901.

2 ................................... 16 U.S.C. 1902.

4 ................................... 16 U.S.C. 1903.

5 ................................... 16 U.S.C. 1904.

6 ................................... 16 U.S.C. 1905.

7 ................................... 16 U.S.C. 1906.

8 ................................... 16 U.S.C. 1907.

9 ................................... 16 U.S.C. 1908.

10 ................................. 16 U.S.C. 1909.

11 ................................. 16 U.S.C. 1910.

12 ................................. 16 U.S.C. 1911.

13 ................................. 16 U.S.C. 1912.

Public Law 95–344 ................................................................................................................. title III, §302 ................. 16 U.S.C. 2302.

title III, §303 ................. 16 U.S.C. 2303.

title III, §304 ................. 16 U.S.C. 2304.

title III, §305 ................. 16 U.S.C. 2305.

title III, §306 ................. 16 U.S.C. 2306.

Urban Park and Recreation Recovery Act of 1978 (Pub. L. 95–625) ........................................... title X, §1004 ................. 16 U.S.C. 2503.

title X, §1005 ................. 16 U.S.C. 2304.

title X, §1006 ................. 16 U.S.C. 2305.

title X, §1007 ................. 16 U.S.C. 2306.

title X, §1008 ................. 16 U.S.C. 2307.

title X, §1009 ................. 16 U.S.C. 2308.

title X, §1010 ................. 16 U.S.C. 2309.

title X, §1011 ................. 16 U.S.C. 2310.

title X, §1012 ................. 16 U.S.C. 2311.

title X, §1013 ................. 16 U.S.C. 2312.

title X, §1014 ................. 16 U.S.C. 2313.

title X, §1015 ................. 16 U.S.C. 2314.

Public Law 96–199 ................................................................................................................. title I, §120 .................... 16 U.S.C. 467b.

National Historic Preservation Act Amendments of 1980 (Pub. L. 96–515) .................................. 208 ................................ 16 U.S.C. 469c–2.

401 ................................ 16 U.S.C. 470a–1.

402 ................................ 16 U.S.C. 470a–2.

Public Law. 98–473 ................................................................................................................ title I, §101(c) [title I, 

§100].

16 U.S.C. 1e.

Public Law 98–540 ................................................................................................................. 4(a) ............................... 16 U.S.C. 1a–8(a).

International Security and Development Cooperation Act of 1985 (Pub. L. 99–83) ...................... 1303 .............................. 16 U.S.C. 469j.

Public Law 101–337 ................................................................................................................ 1 ................................... 19jj.

2 ................................... 19jj–1.

3 ................................... 19jj–2.

4 ................................... 19jj–3.

5 ................................... 19jj–4.

Public Law 101–628 ................................................................................................................ title XII, §1213 .............. 16 U.S.C. 1a–9.

title XII, §1214 .............. 16 U.S.C. 1a–10.

title XII, §1215 .............. 16 U.S.C. 1a–11.

title XII, §1216 .............. 16 U.S.C. 1a–12.

title XII, §1217 .............. 16 U.S.C. 1a–13.

Department of the Interior and Related Agencies Appropriations Act, 1993 (Pub. L. 102–381) ..... title I (1st proviso in 

paragraph under 

heading 

‘‘ADMINISTRATIVE

PROVISIONS’’ under 

heading ‘‘NATIONAL

PARK SERVICE’’).

16 U.S.C. 14d.

Public Law 102–525 ................................................................................................................ title III, §301 ................. 16 U.S.C. 1a–14.

Department of the Interior and Related Agencies Appropriations Act, 1994 (Pub. L. 103–138) ..... title I (3d proviso in 

paragraph under 

heading 

‘‘ADMINISTRATIVE

PROVISIONS’’ under 

heading ‘‘NATIONAL

PARK SERVICE’’).

16 U.S.C. 3a.

National Maritime Heritage Act of 1994 (Pub. L. 103–451) ........................................................ 3 ................................... 16 U.S.C. 5402.

4 ................................... 16 U.S.C. 5403.


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July 31, 2012 CONGRESSIONAL RECORD — HOUSE H5503 

Schedule of Laws Repealed—Continued 

Act Section United States Code 

Former Classification 

5 ................................... 16 U.S.C. 5404.

6 ................................... 16 U.S.C. 5405.

7 ................................... 16 U.S.C. 5406.

8 ................................... 16 U.S.C. 5407.

9 ................................... 16 U.S.C. 5408.

Omnibus Consolidated Appropriations Act, 1997 (Pub. L. 104–208) ............................................ div. A, title I, §101(d) 

[title I (3d undesignated 

paragraph under 

heading 

‘‘ADMINISTRATIVE

PROVISIONS’’ under 

heading ‘‘NATIONAL

PARK SERVICE’’)].

16 U.S.C. 1g.

Omnibus Parks and Public Lands Management Act of 1996 (Pub. L. 104–333) ........................... div. I, title VI, §604 ....... 16 U.S.C. 469k.

div. I, title VIII, 

§814(a)(2) through (19).

16 U.S.C. 17o(2) through 

(19).

div. I, title VIII, §814(g) 16 U.S.C. 1f.

National Underground Railroad Network to Freedom Act of 1998 (Pub. L. 105–203) ................... 3 ................................... 16 U.S.C. 469l–1.

4 ................................... 16 U.S.C. 469l–2.

5 ................................... 16 U.S.C. 469l–3.

Strom Thurmond National Defense Authorization Act for Fiscal Year 1999 (Pub. L. 105–261) ..... div. A, title X, §1068 ...... 16 U.S.C. 5409.

National Parks Omnibus Management Act of 1998 (Pub. L. 105–391) ......................................... 2 ................................... 16 U.S.C. 5901.

101 ................................ 16 U.S.C. 5911.

102 ................................ 16 U.S.C. 5912.

103 ................................ 16 U.S.C. 5913.

104 ................................ 16 U.S.C. 5914.

201 ................................ 16 U.S.C. 5931.

202 ................................ 16 U.S.C. 5932.

203 ................................ 16 U.S.C. 5933.

204 ................................ 16 U.S.C. 5934.

205 ................................ 16 U.S.C. 5935.

206 ................................ 16 U.S.C. 5936.

207 ................................ 16 U.S.C. 5937.

402 ................................ 16 U.S.C. 5951.

403 ................................ 16 U.S.C. 5952.

404 ................................ 16 U.S.C. 5953.

405 ................................ 16 U.S.C. 5954.

406 ................................ 16 U.S.C. 5955.

407 ................................ 16 U.S.C. 5956.

408 ................................ 16 U.S.C. 5957.

409 ................................ 16 U.S.C. 5958.

410 ................................ 16 U.S.C. 5959.

411 ................................ 16 U.S.C. 5960.

412 ................................ 16 U.S.C. 5961.

413 ................................ 16 U.S C. 5962.

414 ................................ 16 U.S.C. 5963.

416 ................................ 16 U.S.C. 5964.

417 ................................ 16 U.S.C. 5965.

418 ................................ 16 U.S.C. 5966.

501 ................................ 16 U.S.C. 5981.

801 ................................ 16 U.S.C. 6011.

Public Law 106–206 ................................................................................................................ 1 (relating to National 

Park System).

16 U.S.C. 460l–6d 

(relating to National 

Park System).

Department of the Interior and Related Agencies Appropriations Act, 2002 (Pub. L. 107–63) ...... title I (paragraph under 

heading ‘‘CONTRIBUTION

FOR ANNUITY BENEFITS’’ 

under heading 

‘‘NATIONAL PARK

SERVICE’’).

16 U.S.C. 14e.

Consolidated Appropriations Resolution, 2003 (Pub. L. 108–7) .................................................. div. F, title I (words 

before proviso in last 

undesignated paragraph 

under heading 

‘‘ADMINISTRATIVE

PROVISIONS’’ under 

heading ‘‘NATIONAL

PARK SERVICE’’).

16 U.S.C. 1h.

div. F, title I (proviso in 

last undesignated 

paragraph under 

heading 

‘‘ADMINISTRATIVE

PROVISIONS’’ under 

heading ‘‘NATIONAL

PARK SERVICE’’).

16 U.S.C. 1i.

Consolidated Appropriations Act of 2008 (Pub. L. 110–161) ....................................................... div. F, title I (1st 

paragraph under 

heading 

‘‘ADMINISTRATIVE

PROVISIONS’’ under 

heading ‘‘NATIONAL

PARK SERVICE’’).

16 U.S.C. 5954 note.

Consolidated Natural Resources Act of 2008 (Pub. L. 110–229) .................................................. title III, subtitle A, §301 16 U.S.C. 1j.

Omnibus Public Land Management Act of 2009 (Pub. L. 111–11) .............................................. title VII, subtitle B,

§7111(b).

16 U.S.C. 469m(b).

title VII, subtitle B, 

§7111(c).

16 U.S.C. 469m(c).

title VII, subtitle D, 

§7301(b), (c).

16 U.S.C. 469k–1)(b), (c).

title VII, subtitle D, 

§7302(b) through (f).

16 U.S.C. 469n(b) 

through (f).

title VII, subtitle D, 

§7303.

16 U.S.C. 469o.


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H5504 CONGRESSIONAL RECORD — HOUSE July 31, 2012 

Schedule of Laws Repealed—Continued 

Act Section United States Code 

Former Classification 

Credit Card Accountability Responsibility and Disclosure Act of 2009 (Pub. L. 111–24) .............. title V, §512 (relating to 

National Park System).

16 U.S.C. 1a–7b (relating 

to National Park System).

The SPEAKER pro tempore. Pursuant to the rule, the gentleman from 

Texas (Mr. SMITH) and the gentleman 

from Virginia (Mr. SCOTT) each will 

control 20 minutes. 

The Chair recognizes the gentleman 

from Texas. 

GENERAL LEAVE

Mr. SMITH of Texas. Mr. Speaker, I 

ask unanimous consent that all Members may have 5 legislative days within 

which to revise and extend their remarks and include extraneous materials on H.R. 1950, as amended, currently under consideration. 

The SPEAKER pro tempore. Is there 

objection to the request of the gentleman from Texas? 

There was no objection. 

Mr. SMITH of Texas. Mr. Speaker, I 

yield myself such time as I may consume. 

Mr. Speaker, the rules of the House 

entrust to the Judiciary Committee 

the responsibilities of revision and 

codification of the statutes of the 

United States. This power does not 

give our committee substantive legislative jurisdiction over all areas of law; 

it merely confers the authority to organize duly enacted laws into an efficient codification system. 

The nonpartisan Office of the Law 

Revision Counsel is responsible for 

properly codifying public laws into titles and sections of the United States 

Code. From time to time, that office 

provides the Judiciary Committee advice as to how to enact a more userfriendly and cohesive statutory system. 

This spring, Republican and Democratic committee staff worked cooperatively with the Office of the Law Revision Counsel to develop H.R. 1950. The 

bill creates a new title of positive law— 

title 54—to compile all of the laws that 

relate to the National Park System. 

Codification bills do not make any 

substantive changes to existing law. 

Before the Judiciary Committee 

marked up H.R. 1950, industries, government, and interested parties commented on the draft. Based on their 

comments, I offered a manager’s 

amendment in committee to further 

ensure this bill makes no changes to 

substantive law. 

I encourage my colleagues to support 

this bill, and I reserve the balance of 

my time. 

Mr. SCOTT of Virginia. Mr. Speaker, 

I yield myself such time as I may consume. 

I rise in support of H.R. 1950. Dating 

back to the mid-19th century, numerous laws have been enacted pertaining 

to the organization and management of 

the National Park System by the National Park Service. 

The Service is also responsible for 

carrying out the Historic Sites, Buildings, and Antiquities Act, the National 

Historic Preservation Act, and other 

laws relating to the protection and 

preservation of sites that illustrate 

America’s history. 

Over the ensuing years, laws specifying the Service’s responsibilities 

have been codified in various sections 

of title 16 of the United States Code. 

And as laws relating to the National 

Park Service were amended and new 

laws were added to the Code, classifications have become more cumbersome 

to use. 

b 1940 

H.R. 1950 simply gathers all of these 

provisions pertaining to the National 

Park Service and restates them in a 

new positive law title of the United 

States Code. The new title 54 of the 

Code replaces and repeals these provisions of the former law. 

All changes in existing law made by 

H.R. 1950 are purely technical, and they 

reflect the understood policy, intent, 

and purpose of Congress in the original 

enactments. These changes include corrections to remove ambiguities, contradictions, and other imperfections. 

We should note that this measure 

was drafted by the Office of the Law 

Revision Counsel as part of that office’s ongoing statutory responsibility 

to ‘‘prepare a complete compilation, 

restatement, and revision of the general and permanent laws of the United 

States.’’ 

I commend the Office of the Law Revision Counsel for its good work on 

H.R. 1950 and for its many valuable 

contributions to our legislative process. 

Mr. Speaker, accordingly, I urge my 

colleagues to support the measure. 

I yield back the balance of my time. 

Mr. SMITH of Texas. Mr. Speaker, I 

yield back the balance of my time. 

The SPEAKER pro tempore. The 

question is on the motion offered by 

the gentleman from Texas (Mr. SMITH) 

that the House suspend the rules and 

pass the bill, H.R. 1950, as amended. 

The question was taken. 

The SPEAKER pro tempore. In the 

opinion of the Chair, two-thirds being 

in the affirmative, the ayes have it. 

Mr. SCOTT of Virginia. Mr. Speaker, 

I object to the vote on the ground that 

a quorum is not present and make the 

point of order that a quorum is not 

present. 

The SPEAKER pro tempore. Pursuant to clause 8 of rule XX, further proceedings on this question will be postponed. 

The point of no quorum is considered 

withdrawn. 

STUDENT VISA REFORM ACT 

Mr. SMITH of Texas. Mr. Speaker, I 

move to suspend the rules and pass the 

bill (H.R. 3120) to amend the Immigration and Nationality Act to require accreditation of certain educational institutions for purposes of a nonimmigrant student visa, and for other 

purposes, as amended. 

The Clerk read the title of the bill. 

The text of the bill is as follows: 

H.R. 3120 

Be it enacted by the Senate and House of Representatives of the United States of America in 

Congress assembled, 

SECTION 1. SHORT TITLE. 

This Act may be cited as the ‘‘Student Visa 

Reform Act’’. 

SEC. 2. ACCREDITATION REQUIREMENT FOR COLLEGES AND UNIVERSITIES. 

Section 101(a) of the Immigration and Nationality Act (8 U.S.C. 1101(a)) is amended— 

(1) in paragraph (15)(F)(i)— 

(A) by striking ‘‘section 214(l) at an established college, university, seminary, conservatory, academic high school, elementary school, 

or other academic institution or in an accredited 

language training program in the United 

States’’ and inserting ‘‘section 214(m) at an accredited college, university, or language training program, or at an established seminary, conservatory, academic high school, elementary 

school, or other academic institution in the 

United States’’; and 

(B) by striking ‘‘Attorney General’’ each place 

such term appears and inserting ‘‘Secretary of 

Homeland Security’’; and 

(2) by amending paragraph (52) to read as follows: 

‘‘(52) Except as provided in section 214(m)(4), 

the term ‘accredited college, university, or language training program’ means a college, university, or language training program that is accredited by an accrediting agency recognized by 

the Secretary of Education.’’. 

SEC. 3. OTHER REQUIREMENTS FOR ACADEMIC 

INSTITUTIONS. 

Section 214(m) of the Immigration and Nationality Act (8 U.S.C. 1184(m)) is amended by adding at the end the following: 

‘‘(3) The Secretary of Homeland Security, in 

the Secretary’s discretion, may require accreditation of an academic institution (except for 

seminaries or other religious institutions) for 

purposes of section 101(a)(15)(F) if— 

‘‘(A) that institution is not already required to 

be accredited under section 101(a)(15)(F)(i); 

‘‘(B) an appropriate accrediting agency recognized by the Secretary of Education is able to 

provide such accreditation; and 

‘‘(C) the institution has or will have 25 or 

more alien students accorded status as nonimmigrants under clause (i) or (iii) of section 

101(a)(15)(F) pursuing a course of study at that 

institution. 

‘‘(4) The Secretary of Homeland Security, in 

the Secretary’s discretion, may waive the accreditation requirement in section 

101(a)(15)(F)(i) with respect to an established 

college, university, or language training program if the academic institution— 

‘‘(A) is otherwise in compliance with the requirements of such section; and 

‘‘(B) is making a good faith effort to satisfy 

the accreditation requirement. 

‘‘(5)(A) No person convicted of an offense referred to in subparagraph (B) shall be permitted 


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