IB 

House Calendar No. 154 

112TH CONGRESS 

2D SESSION H. R. 1950 

[Report No. 112–631] 

To enact title 54, United States Code, ‘‘National Park System’’, as positive 

law. 

IN THE HOUSE OF REPRESENTATIVES 

MAY 23, 2011 

Mr. SMITH OF TEXAS (for himself and Mr. CONYERS) introduced the following 

bill; which was referred to the Committee on the Judiciary 

JULY 31, 2012 

Reported with an amendment, referred to the House Calendar, and ordered 

to be printed 

[Strike out all after the enacting clause and insert the part printed in italic] 

[For text of introduced bill, see copy of bill introduced on May 23, 2011] 

A BILL 

To enact title 54, United States Code, ‘‘National Park 

System’’, as positive law. 

1 Be it enacted by the Senate and House of Representatives of the United 

2 States of America in Congress assembled, 

3 SECTION 1. TABLE OF CONTENTS. 

4 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. 


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Sec. 6. Transitional and savings provisions. 

Sec. 7. Repeals. 

1 SEC. 2. PURPOSE; CONFORMITY WITH ORIGINAL INTENT. 

2 (a) PURPOSE.—The purpose of this Act is to codify certain existing laws 

3 relating to the National Park System as title 54, United States Code, ‘‘Na4 tional Park Service and Related Programs’’. 

5 (b) CONFORMITY WITH ORIGINAL INTENT.—In the codification of laws by 

6 this Act, the intent is to conform to the understood policy, intent, and purpose 

7 of Congress in the original enactments, with such amendments and corrections 

8 as will remove ambiguities, contradictions, and other imperfections, in ac9 cordance with section 205(c)(1) of House Resolution No. 988, 93d Congress, 

10 as enacted into law by Public Law 93–554 (2 U.S.C. 285b(1)). 

11 SEC. 3. ENACTMENT OF TITLE 54, UNITED STATES CODE. 

12 Title 54, United States Code, ‘‘National Park Service and Related Pro13 grams’’, is enacted as follows: 

14 TITLE 54—NATIONAL PARK SERVICE AND 

15 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 


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3025. Certification of Local Governments ........................................................................ 302501 

3027. Historic Preservation Programs and Authorities for Indian Tribes and Native 

Hawaiian Organizations.

302701 

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

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

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

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

Subdivision 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 

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

1 Subtitle I—National Park System 

2 Division A—Establishment and General 

3 Administration 

4 Chapter 1001—General Provisions 

Sec. 

100101. Promotion and regulation. 

100102. Definitions. 

5 § 100101. Promotion and regulation 

6 (a) IN GENERAL.—The Secretary, acting through the Director of the Na7 tional Park Service, shall promote and regulate the use of the National Park 

8 System by means and measures that conform to the fundamental purpose of 

9 the System units, which purpose is to conserve the scenery, natural and his10 toric objects, and wild life in the System units and to provide for the enjoy11 ment of the scenery, natural and historic objects, and wild life in such man12 ner and by such means as will leave them unimpaired for the enjoyment of 

13 future generations. 


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1 (b) DECLARATIONS.— 

2 (1) 1970 DECLARATIONS.—Congress declares that— 

3 (A) the National Park System, which began with establishment 

4 of Yellowstone National Park in 1872, has since grown to include 

5 superlative natural, historic, and recreation areas in every major 

6 region of the United States and its territories and possessions; 

7 (B) these areas, though distinct in character, are united through 

8 their interrelated purposes and resources into one National Park 

9 System as cumulative expressions of a single national heritage; 

10 (C) individually and collectively, these areas derive increased na11 tional dignity and recognition of their superb environmental qual12 ity through their inclusion jointly with each other in one System 

13 preserved and managed for the benefit and inspiration of all the 

14 people of the United States; and 

15 (D) it is the purpose of this division to include all these areas 

16 in the System and to clarify the authorities applicable to the Sys17 tem. 

18 (2) 1978 REAFFIRMATION.—Congress reaffirms, declares, and directs 

19 that the promotion and regulation of the various System units shall be 

20 consistent with and founded in the purpose established by subsection (a), 

21 to the common benefit of all the people of the United States. The author22 ization of activities shall be construed and the protection, management, 

23 and administration of the System units shall be conducted in light of 

24 the high public value and integrity of the System and shall not be exer25 cised in derogation of the values and purposes for which the System 

26 units have been established, except as directly and specifically provided 

27 by Congress. 

28 § 100102. Definitions 

29 In this title: 

30 (1) DIRECTOR.—The term ‘‘Director’’ means the Director of the Na31 tional Park Service. 

32 (2) NATIONAL PARK SYSTEM.—The term ‘‘National Park System’’ 

33 means the areas of land and water described in section 100501 of this 

34 title. 

35 (3) SECRETARY.—The term ‘‘Secretary’’ means the Secretary of the 

36 Interior. 

37 (4) SERVICE.—The term ‘‘Service’’ means the National Park Service. 

38 (5) SYSTEM.—The term ‘‘System’’ means the National Park System. 

39 (6) SYSTEM UNIT.—The term ‘‘System unit’’ means one of the areas 

40 described in section 100501 of this title. 


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1 Chapter 1003—Establishment, Directors, 

2 and Other Employees 

Sec. 

100301. Establishment. 

100302. Directors and other employees. 

100303. Effect on other laws. 

3 § 100301. Establishment 

4 There is in the Department of the Interior a service called the National 

5 Park Service. 

6 § 100302. Directors and other employees 

7 (a) DIRECTOR.— 

8 (1) APPOINTMENT.—The Service shall be under the charge of a director 

9 who shall be appointed by the President, by and with the advice and con10 sent of the Senate. 

11 (2) QUALIFICATIONS.—The Director shall have substantial experience 

12 and demonstrated competence in land management and natural or cul13 tural resource conservation. 

14 (3) AUTHORITY.—Under the direction of the Secretary, the Director 

15 shall have the supervision, management, and control of System units. In 

16 the supervision, management, and control of System units contiguous to 

17 national forests the Secretary of Agriculture may cooperate with the 

18 Service to such extent as may be requested by the Secretary. 

19 (b) DEPUTY DIRECTORS.—The Director shall select 2 Deputy Directors. 

20 One Deputy Director shall have responsibility for Service operations, and the 

21 other Deputy Director shall have responsibility for other programs assigned 

22 to the Service. 

23 (c) OTHER EMPLOYEES.—The Service shall have such subordinate officers 

24 and employees as may be appropriated for by Congress. 

25 § 100303. Effect on other laws 

26 This chapter and sections 100101(a), 100751(a), 100752, 100753, and 

27 102101 of this title do not affect or modify section 100902(a) of this title. 

28 Chapter 1005—Areas of National Park 

29 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. 

30 § 100501. Areas included in System 

31 The System shall include any area of land and water administered by the 

32 Secretary, acting through the Director, for park, monument, historic, park33 way, recreational, or other purposes. 


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1 § 100502. General management plans 

2 General management plans for the preservation and use of each System 

3 unit, including areas within the national capital area, shall be prepared and 

4 revised in a timely manner by the Director. On January 1 of each year, the 

5 Secretary shall submit to Congress a list indicating the current status of com6 pletion or revision of general management plans for each System unit. Gen7 eral management plans for each System unit shall include— 

8 (1) measures for the preservation of the area’s resources; 

9 (2) indications of types and general intensities of development (includ10 ing visitor circulation and transportation patterns, systems, and modes) 

11 associated with public enjoyment and use of the area, including general 

12 locations, timing of implementation, and anticipated costs; 

13 (3) identification of and implementation commitments for visitor car14 rying capacities for all areas of the System unit; and 

15 (4) indications of potential modifications to the external boundaries 

16 of the System unit, and the reasons for the modifications. 

17 § 100503. Five-year strategic plans 

18 (a) STRATEGIC AND PERFORMANCE PLANS.—Each System unit shall pre19 pare and make available to the public a 5-year strategic plan and an annual 

20 performance plan. The plans shall reflect the Service policies, goals, and out21 comes represented in the Service-wide strategic plan prepared pursuant to sec22 tion 306 of title 5. 

23 (b) ANNUAL BUDGET.— 

24 (1) IN GENERAL.—As a part of the annual performance plan for a 

25 System unit prepared pursuant to subsection (a), following receipt of the 

26 appropriation for the unit from the Operations of the National Park 

27 System account (but not later than January 1 of each year), the super28 intendent of the System unit shall develop and make available to the 

29 public the budget for the current fiscal year for that System unit. 

30 (2) CONTENTS.—The budget shall include— 

31 (A) funding allocations for resource preservation (including re32 source management), visitor services (including maintenance, inter33 pretation, law enforcement, and search and rescue), and adminis34 tration; and 

35 (B) allocations into each of the categories in subparagraph (A) 

36 of all funds retained from fees collected for that year, including spe37 cial use permits, concession franchise fees, and recreation use and 

38 entrance fees. 

39 § 100504. Study and planning of park, parkway, and rec40 reational-area facilities 

41 (a) IN GENERAL.— 


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1 (1) DEFINITION.—In this subsection, the term ‘‘State’’ means a State, 

2 the District of Columbia, Puerto Rico, Guam, and the Virgin Islands. 

3 (2) STUDY.—The Secretary shall cause the Service to make a com4 prehensive study, other than on land under the jurisdiction of the Sec5 retary of Agriculture, of the public park, parkway, and recreational area 

6 programs of the United States, States, and political subdivisions of 

7 States and of areas of land throughout the United States that are or may 

8 be chiefly valuable as public park, parkway, or recreational areas. A 

9 study shall not be made in any State without the consent and approval 

10 of the State officials, boards, or departments having jurisdiction over the 

11 land. The study shall be such as, in the judgment of the Secretary, will 

12 provide data helpful in developing a plan for coordinated and adequate 

13 public park, parkway, and recreational-area facilities for the people of 

14 the United States. 

15 (3) COOPERATION AND AGREEMENTS WITH OTHER ENTITIES.—In 

16 making the study and to accomplish the purposes of this section, the Sec17 retary, acting through the Director— 

18 (A) shall seek and accept the cooperation and assistance of Fed19 eral departments or agencies having jurisdiction of land belonging 

20 to the United States; and 

21 (B) may cooperate and make agreements with and seek and ac22 cept the assistance of— 

23 (i) other Federal agencies and instrumentalities; and 

24 (ii) States, political subdivisions of States, and agencies and 

25 instrumentalities of either of them. 

26 (4) STATE PLANNING.—For the purpose of developing coordinated and 

27 adequate public park, parkway, and recreational-area facilities for the 

28 people of the United States, the Secretary may aid States and political 

29 subdivisions of States in planning public park, parkway, and rec30 reational areas and in cooperating with one another to accomplish these 

31 ends. Aid shall be made available through the Service acting in coopera32 tion with such State agencies or agencies of political subdivisions of 

33 States as the Secretary considers best. 

34 (b) CONSENT OF CONGRESS TO AGREEMENTS BETWEEN STATES.—The con35 sent of Congress is given to any 2 or more States to negotiate and enter into 

36 compacts or agreements with one another with reference to planning, estab37 lishing, developing, improving, and maintaining any park, parkway, or rec38 reational area. No compact or agreement shall be effective until approved by 

39 the legislatures of the States that are parties to the compact or agreement and 

40 by Congress. 


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1 § 100505. Periodic review of System 

2 (a) AUTHORITY OF SECRETARY TO CONDUCT REVIEW.—The Secretary 

3 shall conduct a systematic and comprehensive review of certain aspects of the 

4 System and on a periodic basis (but not less often than every 3 years) submit 

5 to the Committee on Natural Resources and the Committee on Appropriations 

6 of the House of Representatives and the Committee on Energy and Natural 

7 Resources and the Committee on Appropriations of the Senate a report on 

8 the findings of the review, together with recommendations as the Secretary de9 termines to be necessary. 

10 (b) CONSULTATION.—In conducting and preparing the report, the Secretary 

11 shall consult with appropriate officials of affected Federal, State, and local 

12 agencies and national, regional, and local organizations. The consultation 

13 shall include holding public hearings that the Secretary determines to be ap14 propriate to provide a full opportunity for public comment. 

15 (c) CONTENTS OF REPORT.—The report shall contain the following: 

16 (1) A comprehensive listing of all authorized but unacquired parcels 

17 of land within the exterior boundaries of each System unit as of Novem18 ber 28, 1990. 

19 (2) A priority listing of all those unacquired parcels by System unit 

20 and for the System as a whole. The list shall describe the acreage and 

21 ownership of each parcel, the estimated cost of acquisition for each parcel 

22 (subject to any statutory acquisition limitations for the land), and the 

23 basis for the estimate. 

24 (3) An analysis and evaluation of the current and future needs of each 

25 System unit for resource management, interpretation, construction, oper26 ation and maintenance, personnel, and housing, together with an esti27 mate of the costs. 

28 § 100506. Boundary changes to System units 

29 (a) CRITERIA FOR EVALUATION.—The Secretary shall maintain criteria to 

30 evaluate any proposed changes to the boundaries of System units, including— 

31 (1) analysis of whether or not an existing boundary provides for the 

32 adequate protection and preservation of the natural, historic, cultural, 

33 scenic and recreational resources integral to the System unit; 

34 (2) an evaluation of each parcel proposed for addition or deletion to 

35 a System unit based on the analysis under paragraph (1); and 

36 (3) an assessment of the impact of potential boundary adjustments 

37 taking into consideration the factors in section 100505(c)(3) of this title 

38 and the effect of the adjustments on the local communities and sur39 rounding area. 

40 (b) PROPOSAL OF SECRETARY.—In proposing a boundary change to a Sys41 tem unit, the Secretary shall— 


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1 (1) consult with affected agencies of State and local governments, sur2 rounding communities, affected landowners, and private national, re3 gional, and local organizations; 

4 (2) apply the criteria developed pursuant to subsection (a) and accom5 pany the proposal with a statement reflecting the results of the applica6 tion of the criteria; and 

7 (3) include with the proposal an estimate of the cost for acquiring any 

8 parcels proposed for acquisition, the basis for the estimate, and a state9 ment on the relative priority for the acquisition of each parcel within 

10 the priorities for acquisition of other parcels for the System unit and for 

11 the System. 

12 (c) MINOR BOUNDARY CHANGES.— 

13 (1) IN GENERAL.—When the Secretary determines that to do so will 

14 contribute to, and is necessary for, the proper preservation, protection, 

15 interpretation, or management of a System unit, the Secretary may, fol16 lowing timely notice in writing to the Committee on Natural Resources 

17 of the House of Representatives and the Committee on Energy and Nat18 ural Resources of the Senate of the Secretary’s intention to do so, and 

19 by publication of a revised boundary map or other description in the 

20 Federal Register— 

21 (A) make minor changes to the boundary of the System unit, and 

22 amounts appropriated from the Fund shall be available for acquisi23 tion of any land, water, and interests in land or water added to 

24 the System unit by the boundary change subject to such statutory 

25 limitations, if any, on methods of acquisition and appropriations 

26 thereof as may be specifically applicable to the System unit; and 

27 (B) acquire by donation, purchase with donated funds, transfer 

28 from any other Federal agency, or exchange, land, water, or inter29 ests in land or water adjacent to the System unit, except that in 

30 exercising the Secretary’s authority under this subparagraph the 

31 Secretary— 

32 (i) shall not alienate property administered as part of the 

33 System to acquire land by exchange; 

34 (ii) shall not acquire property without the consent of the 

35 owner; and 

36 (iii) may acquire property owned by a State or political 

37 subdivision of a State only by donation. 

38 (2) CONSULTATION.—Prior to making a determination under this sub39 section, the Secretary shall consult with the governing body of the county, 

40 city, town, or other jurisdiction or jurisdictions having primary taxing 


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1 authority over the land or interest to be acquired as to the impacts of 

2 the proposed action. 

3 (3) ACTION TO ADVANCE LOCAL PUBLIC AWARENESS.—The Secretary 

4 shall take such steps as the Secretary considers appropriate to advance 

5 local public awareness of the proposed action. 

6 (4) ADMINISTRATION OF ACQUISITIONS.—Land, water, and interests in 

7 land or water acquired in accordance with this subsection shall be ad8 ministered as part of the System unit to which they are added, subject 

9 to the laws and regulations applicable to the System unit. 

10 (5) WHEN AUTHORITY APPLIES.—For the purposes of paragraph 

11 (1)(A), in all cases except the case of technical boundary changes (result12 ing from such causes as survey error or changed road alignments), the 

13 authority of the Secretary under paragraph (1)(A) shall apply only if 

14 each of the following conditions is met: 

15 (A) The sum of the total acreage of the land, water, and interests 

16 in land or water to be added to the System unit and the total acre17 age of the land, water, and interests in land or water to be deleted 

18 from the System unit is not more than 5 percent of the total Federal 

19 acreage authorized to be included in the System unit and is less 

20 than 200 acres. 

21 (B) The acquisition, if any, is not a major Federal action signifi22 cantly affecting the quality of the human environment, as deter23 mined by the Secretary. 

24 (C) The sum of the total appraised value of the land, water, and 

25 interests in land or water to be added to the System unit and the 

26 total appraised value of the land, water, and interests in land or 

27 water to be deleted from the System unit does not exceed $750,000. 

28 (D) The proposed boundary change is not an element of a more 

29 comprehensive boundary change proposal. 

30 (E) The proposed boundary has been subject to a public review 

31 and comment period. 

32 (F) The Director obtains written consent for the boundary change 

33 from all property owners whose land, water, or interests in land or 

34 water, or a portion of whose land, water, or interests in land or 

35 water, will be added to or deleted from the System unit by the 

36 boundary change. 

37 (G) The land abuts other Federal land administered by the Direc38 tor. 

39 (6) ACT OF CONGRESS REQUIRED.—Minor boundary changes involving 

40 only deletions of acreage owned by the Federal Government and adminis41 tered by the Service may be made only by Act of Congress. 


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1 § 100507. Additional areas for System 

2 (a) MONITORING AREAS FOR INCLUSION IN SYSTEM.—The Secretary shall 

3 investigate, study, and continually monitor the welfare of areas whose re4 sources exhibit qualities of national significance and that may have potential 

5 for inclusion in the System. 

6 (b) SUBMISSION OF LIST OF AREAS RECOMMENDED FOR STUDY FOR PO7 TENTIAL INCLUSION.— 

8 (1) WHEN LIST IS TO BE SUBMITTED.—At the beginning of each cal9 endar year, with the annual budget submission, the Secretary shall sub10 mit to the Committee on Natural Resources of the House of Representa11 tives and the Committee on Energy and Natural Resources of the Senate 

12 a list of areas recommended for study for potential inclusion in the Sys13 tem. 

14 (2) FACTORS TO BE CONSIDERED.—In developing the list to be sub15 mitted under this subsection, the Secretary shall consider— 

16 (A) the areas that have the greatest potential to meet the estab17 lished criteria of national significance, suitability, and feasibility; 

18 (B) themes, sites, and resources not already adequately rep19 resented in the System; and 

20 (C) public petitions and Congressional resolutions. 

21 (3) ACCOMPANYING SYNOPSIS.—Accompanying the annual listing of 

22 areas shall be a synopsis, for each report previously submitted, of the 

23 current and changed condition of the resource integrity of the area and 

24 other relevant factors, compiled as a result of continual periodic moni25 toring and embracing the period since the previous submission or initial 

26 report submission one year earlier. 

27 (4) CONGRESSIONAL AUTHORIZATION REQUIRED.—No study of the po28 tential of an area for inclusion in the System may be initiated except 

29 as provided by specific authorization of an Act of Congress. 

30 (5) AUTHORITY TO CONDUCT CERTAIN ACTIVITIES NOT LIMITED.—This 

31 section and sections 100901(b), 101702(b) and (c), and 102102 of this 

32 title do not limit the authority of the Service to conduct preliminary re33 source assessments, gather data on potential study areas, provide tech34 nical and planning assistance, prepare or process nominations for ad35 ministrative designations, update previous studies, or complete recon36 naissance surveys of individual areas requiring a total expenditure of 

37 less than $25,000. 

38 (6) STUDY OF RIVERS OR TRAILS NOT AFFECTED.—This section does 

39 not apply to or affect or alter the study of— 

40 (A) any river segment for potential addition to the national wild 

41 and scenic rivers system; or 


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1 (B) any trail for potential addition to the national trails system. 

2 (c) STUDY OF AREAS FOR POTENTIAL INCLUSION.— 

3 (1) STUDY TO BE COMPLETED WITHIN 3 YEARS.—The Secretary shall 

4 complete the study for each area for potential inclusion in the System 

5 within 3 complete fiscal years following the date on which funds are first 

6 made available for that purpose. 

7 (2) OPPORTUNITY FOR PUBLIC INVOLVEMENT REQUIRED.—Each study 

8 under this section shall be prepared with appropriate opportunity for 

9 public involvement, including at least one public meeting in the vicinity 

10 of the area under study, and after reasonable efforts to notify potentially 

11 affected landowners and State and local governments. 

12 (3) CONSIDERATIONS.—In conducting the study, the Secretary shall 

13 consider whether the area under study— 

14 (A) possesses nationally significant natural or cultural resources 

15 and represents one of the most important examples of a particular 

16 resource type in the country; and 

17 (B) is a suitable and feasible addition to the System. 

18 (4) SCOPE OF STUDY.—Each study— 

19 (A) with regard to the area being studied, shall consider— 

20 (i) the rarity and integrity of the resources; 

21 (ii) the threats to those resources; 

22 (iii) whether similar resources are already protected in the 

23 System or in other public or private ownership; 

24 (iv) the public use potential; 

25 (v) the interpretive and educational potential; 

26 (vi) costs associated with acquisition, development, and oper27 ation; 

28 (vii) the socioeconomic impacts of any designation; 

29 (viii) the level of local and general public support; and 

30 (ix) whether the area is of appropriate configuration to en31 sure long-term resource protection and visitor use; 

32 (B) shall consider whether direct Service management or alter33 native protection by other public agencies or the private sector is 

34 appropriate for the area; 

35 (C) shall identify what alternative or combination of alternatives 

36 would in the professional judgment of the Director be most effective 

37 and efficient in protecting significant resources and providing for 

38 public enjoyment; and 

39 (D) may include any other information that the Secretary con40 siders to be relevant. 


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1 (5) COMPLIANCE WITH NATIONAL ENVIRONMENTAL POLICY ACT OF

2 1969.—Each study shall be completed in compliance with the National 

3 Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.). 

4 (6) RECOMMENDATION OF PREFERRED MANAGEMENT OPTION.—The 

5 letter transmitting each completed study to Congress shall contain a rec6 ommendation regarding the Secretary’s preferred management option for 

7 the area. 

8 (d) LIST OF AREAS PREVIOUSLY STUDIED.— 

9 (1) SUBMISSION OF LIST.—At the beginning of each calendar year, 

10 with the annual budget submission, the Secretary shall submit to the 

11 Committee on Natural Resources of the House of Representatives and the 

12 Committee on Energy and Natural Resources of the Senate, in numerical 

13 order of priority for addition to the System— 

14 (A) a list of areas that have been previously studied that contain 

15 primarily historical resources; and 

16 (B) a list of areas that have been previously studied that contain 

17 primarily natural resources. 

18 (2) CONSIDERATIONS.—In developing the lists, the Secretary should 

19 consider threats to resource values, cost escalation factors, and other fac20 tors listed in subsection (c). 

21 (3) AREAS ELIGIBLE FOR INCLUSION.—The Secretary should include 

22 on the lists only areas for which the supporting data are current and 

23 accurate. 

24 (e) LIST OF AREAS THAT EXHIBIT DANGER OR THREATS TO THE INTEG25 RITY OF THEIR RESOURCES.—At the beginning of each fiscal year, the Sec26 retary shall submit to the Speaker of the House of Representatives and the 

27 President of the Senate a complete and current list of all areas listed on the 

28 Registry of Natural Landmarks, and areas of national significance listed on 

29 the National Register of Historic places, that exhibit known or anticipated 

30 damage or threats to the integrity of their resources, with notations as to the 

31 nature and severity of the damage or threats. 

32 (f) REPORTS AND LISTINGS PRINTED AS HOUSE DOCUMENTS.—Each re33 port and annual listing described in this section shall be printed as a House 

34 document. If adequate supplies of previously printed identical reports remain 

35 available, newly submitted identical reports shall be omitted from printing on 

36 receipt by the Speaker of the House of Representatives of a joint letter from 

37 the chairman of the Committee on Natural Resources of the House of Rep38 resentatives and the chairman of the Committee on Energy and Natural Re39 sources of Senate indicating that to be the case. 


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1 (g) DESIGNATION OF OFFICE.—The Secretary shall designate a single office 

2 to prepare all new area studies and to implement other functions under this 

3 section. 

4 (h) AUTHORIZATION OF APPROPRIATIONS.— 

5 (1) STUDIES OF POTENTIAL NEW SYSTEM UNITS AND MONITORING THE

6 WELFARE OF SYSTEM UNIT RESOURCES.—To carry out studies for poten7 tial new System units and for monitoring the welfare of historical and 

8 natural resources referred to in subparagraphs (A) and (B) of subsection 

9 (d)(1), there is authorized to be appropriated not more than $1,000,000 

10 for each fiscal year. 

11 (2) MONITORING WELFARE AND INTEGRITY OF NATIONAL LAND12 MARKS.—To monitor the welfare and integrity of the national land13 marks, there is authorized to be appropriated not more than $1,500,000 

14 for each fiscal year. 

15 (3) CARRYING OUT SUBSECTIONS (b), (c), and (g).—To carry out sub16 sections (b), (c), and (g), there is authorized to be appropriated 

17 $2,000,000 for each fiscal year. 

18 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. 


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1 Subchapter I—System Resource Inventory 

2 and Management 

3 § 100701. Protection, interpretation, and research in System 

4 Recognizing the ever increasing societal pressures being placed upon Amer5 ica’s unique natural and cultural resources contained in the System, the Sec6 retary shall continually improve the ability of the Service to provide state7 of-the-art management, protection, and interpretation of, and research on, the 

8 resources of the System. 

9 § 100702. Research mandate 

10 The Secretary shall ensure that management of System units is enhanced 

11 by the availability and utilization of a broad program of the highest quality 

12 science and information. 

13 § 100703. Cooperative study units 

14 The Secretary shall enter into cooperative agreements with colleges and 

15 universities, including land grant schools, in partnership with other Federal 

16 and State agencies, to establish cooperative study units to conduct multi-dis17 ciplinary research and develop integrated information products on the re18 sources of the System, or the larger region of which System units are a part. 

19 § 100704. Inventory and monitoring program 

20 The Secretary shall undertake a program of inventory and monitoring of 

21 System resources to establish baseline information and to provide information 

22 on the long-term trends in the condition of System resources. The monitoring 

23 program shall be developed in cooperation with other Federal monitoring and 

24 information collection efforts to ensure a cost-effective approach. 

25 § 100705. Availability of System units for scientific study 

26 (a) IN GENERAL.—The Secretary may solicit, receive, and consider requests 

27 from Federal or non-Federal public or private agencies, organizations, indi28 viduals, or other entities for the use of any System unit for purposes of sci29 entific study. 

30 (b) CRITERIA.—A request for use of a System unit under subsection (a) 

31 may be approved only if the Secretary determines that the proposed study— 

32 (1) is consistent with applicable laws and Service management poli33 cies; and 

34 (2) will be conducted in a manner that poses no threat to the System 

35 unit resources or public enjoyment derived from System unit resources. 

36 (c) FEE WAIVER.—The Secretary may waive any System unit admission 

37 or recreational use fee in order to facilitate the conduct of scientific study 

38 under this section. 

39 (d) BENEFIT-SHARING ARRANGEMENTS.—The Secretary may negotiate for 

40 and enter into equitable, efficient benefit-sharing arrangements with the re41 search community and private industry. 


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1 § 100706. Integration of study results into management deci2 sions 

3 The Secretary shall take such measures as are necessary to ensure the full 

4 and proper utilization of the results of scientific study for System unit man5 agement decisions. In each case in which an action undertaken by the Service 

6 may cause a significant adverse effect on a System unit resource, the admin7 istrative record shall reflect the manner in which System unit resource studies 

8 have been considered. The trend in the condition of resources of the System 

9 shall be a significant factor in the annual performance evaluation of each su10 perintendent of a System unit. 

11 § 100707. Confidentiality of information 

12 Information concerning the nature and specific location of a System re13 source that is endangered, threatened, rare, or commercially valuable, of min14 eral or paleontological objects within System units, or of objects of cultural 

15 patrimony within System units, may be withheld from the public in response 

16 to a request under section 552 of title 5 unless the Secretary determines 

17 that— 

18 (1) disclosure of the information would further the purposes of the Sys19 tem unit in which the resource or object is located and would not create 

20 an unreasonable risk of harm, theft, or destruction of the resource or ob21 ject, including individual organic or inorganic specimens; and 

22 (2) disclosure is consistent with other laws protecting the resource or 

23 object. 

24 Subchapter II—System Unit Resource 

25 Protection 

26 § 100721. Definitions 

27 In this subchapter: 

28 (1) DAMAGES.—The term ‘‘damages’’ includes— 

29 (A) compensation for— 

30 (i)(I) the cost of replacing, restoring, or acquiring the equiv31 alent of a System unit resource; and 

32 (II) the value of any significant loss of use of a System unit 

33 resource pending its restoration or replacement or the acquisi34 tion of an equivalent resource; or 

35 (ii) the value of the System unit resource if the System unit 

36 resource cannot be replaced or restored; and 

37 (B) the cost of a damage assessment under section 100723(b) of 

38 this title. 

39 (2) RESPONSE COSTS.—The term ‘‘response costs’’ means the costs of 

40 actions taken by the Secretary to— 


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1 (A) prevent or minimize destruction or loss of or injury to a Sys2 tem unit resource; 

3 (B) abate or minimize the imminent risk of the destruction, loss, 

4 or injury; or 

5 (C) monitor ongoing effects of incidents causing the destruction, 

6 loss, or injury. 

7 (3) SYSTEM UNIT RESOURCE.— 

8 (A) IN GENERAL.—The term ‘‘System unit resource’’ means any 

9 living or non-living resource that is located within the boundaries 

10 of a System unit. 

11 (B) EXCLUSION.—The term ‘‘System unit resource’’ does not in12 clude a resource owned by a non-Federal entity. 

13 § 100722. Liability 

14 (a) IN GENERAL.—Subject to subsection (c), any person that destroys, 

15 causes the loss of, or injures any System unit resource is liable to the United 

16 States for response costs and damages resulting from the destruction, loss, or 

17 injury. 

18 (b) LIABILITY IN REM.—Any instrumentality, including a vessel, vehicle, 

19 aircraft, or other equipment, that destroys, causes the loss of, or injures any 

20 System unit resource shall be liable in rem to the United States for response 

21 costs and damages resulting from the destruction, loss, or injury to the same 

22 extent as a person is liable under subsection (a). 

23 (c) DEFENSES.—A person is not liable under this section if the person es24 tablishes that— 

25 (1) the destruction, loss of, or injury to the System unit resource was 

26 caused solely by an act of God or an act of war; 

27 (2) the person acted with due care, and the destruction, loss of, or in28 jury to the System unit resource was caused solely by an act or omission 

29 of a 3d party, other than an employee or agent of the person; or 

30 (3) the destruction, loss, or injury to the System unit resource was 

31 caused by an activity authorized by Federal or State law. 

32 (d) SCOPE.—Liability under this section is in addition to any other liabil33 ity that may arise under Federal or State law. 

34 § 100723. Actions 

35 (a) CIVIL ACTION FOR RESPONSE COSTS AND DAMAGES.—The Attorney 

36 General, on request of the Secretary after a finding by the Secretary of de37 struction, loss, or injury to a System unit resource or a finding that absent 

38 the undertaking of a response action, destruction, loss, or injury to a System 

39 unit resource would have occurred, may bring a civil action in United States 

40 district court against any person or instrumentality that may be liable under 

41 section 100722 of this title for response costs and damages. The Secretary 


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1 shall submit a request for the civil action to the Attorney General whenever 

2 a person may be liable or an instrumentality may be liable in rem for those 

3 costs and damages under section 100722 of this title. 

4 (b) RESPONSE ACTIONS AND ASSESSMENT OF DESTRUCTION, LOSS, OR IN5 JURY.— 

6 (1) ACTIONS TO PREVENT OR MINIMIZE DESTRUCTION, LOSS, OR IN7 JURY.—The Secretary shall undertake all necessary actions to— 

8 (A) prevent or minimize the destruction, loss of, or injury to Sys9 tem unit resources; or 

10 (B) minimize the imminent risk of destruction, loss, or injury to 

11 System unit resources. 

12 (2) ASSESSMENT AND MONITORING.—The Secretary shall assess and 

13 monitor destruction, loss, or injury to System unit resources. 

14 § 100724. Use of recovered amounts 

15 (a) LIMITATION ON USE.—Response costs and damages recovered by the 

16 Secretary under this subchapter or amounts recovered by the Federal Govern17 ment under any Federal, State, or local law or regulation or otherwise as a 

18 result of destruction, loss of, or injury to any System unit resource shall be 

19 available to the Secretary and without further Congressional action may be 

20 used only as follows: 

21 (1) REIMBURSEMENT.—To reimburse response costs and damage as22 sessments by the Secretary or other Federal agencies as the Secretary 

23 considers appropriate. 

24 (2) RESTORATION AND REPLACEMENT.—To restore, replace, or acquire 

25 the equivalent of System unit resources that were the subject of the action 

26 and to monitor and study those System unit resources. The funds may 

27 not be used to acquire any land or water, interest in land or water, or 

28 right to land or water unless the acquisition is specifically approved in 

29 advance in appropriations Acts. The acquisition shall be subject to any 

30 limitations contained in the legislation establishing the System unit. 

31 (b) EXCESS AMOUNTS.—Any amounts remaining after expenditures pursu32 ant to paragraphs (1) and (2) of subsection (a) shall be deposited in the 

33 Treasury. 

34 § 100725. Donations 

35 The Secretary may accept donations of money or services for expenditure 

36 or employment to meet expected, immediate, or ongoing response costs. The 

37 donations may be expended or employed at any time after their acceptance, 

38 without further Congressional action. 


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1 Subchapter III—Mining Activity Within 

2 System Units 

3 § 100731. Findings and declaration 

4 Congress finds and declares that— 

5 (1) the level of technology of mineral exploration and development has 

6 changed radically, and continued application of the mining laws of the 

7 United States to System units to which the mining laws apply conflicts 

8 with the purposes for which the System units were established; and 

9 (2) all mining operations in System units should be conducted so as 

10 to prevent or minimize damage to the environment and other resource 

11 values. 

12 § 100732. Preservation and management of System units by 

13 Secretary; promulgation of regulations 

14 To preserve for the benefit of present and future generations the pristine 

15 beauty of System units, and to further the purposes of section 100101(a), 

16 chapter 1003, and sections 100751(a), 100752, 100753, and 102101 of this 

17 title and the individual organic Acts for the System units, all activities re18 sulting from the exercise of mineral rights on patented or unpatented mining 

19 claims within any System unit shall be subject to such regulations prescribed 

20 by the Secretary as the Secretary considers necessary or desirable for the pres21 ervation and management of the System units. 

22 § 100733. Recordation of mining claims; publication of notice 

23 All mining claims under the Mining Law of 1872 (30 U.S.C. chapter 2, 

24 sections 161 and 162, and chapters 12A and 16) that lie within the bound25 aries of System units in existence on September 28, 1976, that were not re26 corded with the Secretary within one year after September 28, 1976, shall be 

27 conclusively presumed to be abandoned and shall be void. The recordation 

28 does not render valid any claim that was not valid on September 28, 1976, 

29 or that becomes invalid after that date. 

30 § 100734. Report on finding or notification of potential dam31 age to natural and historical landmarks 

32 When the Secretary finds on the Secretary’s own motion or on being noti33 fied in writing by an appropriate scientific, historical, or archeological au34 thority that a district, site, building, structure, or object that has been found 

35 to be nationally significant in illustrating natural history or the history of 

36 the United States and that has been designated as a natural or historic land37 mark may be irreparably lost or destroyed in whole or in part by any surface 

38 mining activity, including exploration for or removal or production of min39 erals or materials, the Secretary shall notify the person conducting the activ40 ity and submit a report on the findings or notification, including the basis 

41 for the Secretary’s finding that the activity may cause irreparable loss or deVerDate Mar 15 2010 00:44 Aug 03, 2012 Jkt 019200 PO 00000 Frm 00019 Fmt 6652 Sfmt 6223 E:\BILLS\H1950.RH H1950

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1 struction of a national landmark, to the Advisory Council on Historic Preser2 vation, with a request for advice of the Council as to alternative measures 

3 that may be taken by the United States to mitigate or abate the activity. 

4 § 100735. Civil actions for just compensation by mining claim 

5 holders 

6 The holder of any patented or unpatented mining claim subject to this sub7 chapter that believes the holder has suffered a loss by operation of this sub8 chapter, or by orders or regulations issued pursuant to this subchapter, may 

9 bring a civil action in United States district court to recover just compensa10 tion, which shall be awarded if the court finds that the loss constitutes a tak11 ing of property compensable under the Constitution. 

12 § 100736. Acquisition of land by Secretary 

13 Nothing in this subchapter shall be construed to limit the authority of the 

14 Secretary to acquire land and interests in land within the boundary of any 

15 System unit. The Secretary shall give prompt and careful consideration to 

16 any offer made by the owner of any valid right or other property in Glacier 

17 Bay National Monument, Death Valley National Monument, Organ Pipe Cac18 tus National Monument, or Mount McKinley National Park to sell the right 

19 or other property if the owner notifies the Secretary that the continued owner20 ship of the right or property is causing, or would result in, undue hardship. 

21 § 100737. Financial disclosure by officer or employee of Sec22 retary 

23 (a) WRITTEN STATEMENTS.—Each officer or employee of the Secretary 

24 who— 

25 (1) performs any function or duty under this subchapter, or any Act 

26 amended by the Mining in the Parks Act (Public Law 94–429, 90 Stat. 

27 1342) concerning the regulation of mining in the System; and 

28 (2) has any known financial interest— 

29 (A) in any person subject to this subchapter or any Act amended 

30 by the Mining in the Parks Act (Public Law 94–429, 90 Stat. 

31 1342); or 

32 (B) in any person who holds a mining claim within the bound33 ary of any System unit; 

34 shall annually file with the Secretary a written statement concerning all such 

35 interests held by the officer or employee during the preceding calendar year. 

36 The statement shall be available to the public. 

37 (b) MONITORING AND ENFORCEMENT PROCEDURES.—The Secretary shall— 

38 (1) define the term ‘‘known financial interest’’ for purposes of sub39 section (a); 

40 (2) establish the methods by which the requirement to file written 

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1 cluding appropriate provisions for the filing by the officers and employ2 ees of the statements and the review by the Secretary of the statements; 

3 and 

4 (3) submit to Congress on June 1 of each year a report with respect 

5 to the disclosures and the actions taken in regard to the disclosures dur6 ing the preceding calendar year. 

7 (c) EXEMPTIONS.—In the rules prescribed under subsection (b), the Sec8 retary may identify specific positions within the Department of the Interior 

9 that are of a nonregulatory or nonpolicymaking nature and provide that offi10 cers or employees occupying those positions shall be exempt from the require11 ments of this section. 

12 (d) CRIMINAL PENALTIES.—Criminal penalties for a violation of this sec13 tion are provided by section 1865 of title 18. 

14 Subchapter IV—Administration 

15 § 100751. Regulations 

16 (a) IN GENERAL.—The Secretary shall prescribe such regulations as the 

17 Secretary considers necessary or proper for the use and management of Sys18 tem units. 

19 (b) BOATING AND OTHER ACTIVITIES ON OR RELATING TO WATER.—The 

20 Secretary, under such terms and conditions as the Secretary considers advis21 able, may prescribe regulations under subsection (a) concerning boating and 

22 other activities on or relating to water located within System units, including 

23 water subject to the jurisdiction of the United States. Any regulation under 

24 this subsection shall be complementary to, and not in derogation of, the au25 thority of the Coast Guard to regulate the use of water subject to the jurisdic26 tion of the United States. 

27 (c) CRIMINAL PENALTIES.—Criminal penalties for a violation of a regula28 tion prescribed under this section are provided by section 1865 of title 18. 

29 § 100752. Destruction of animals and plant life 

30 The Secretary may provide for the destruction of such animals and plant 

31 life as may be detrimental to the use of any System unit. 

32 § 100753. Disposal of timber 

33 The Secretary, on terms and conditions to be fixed by the Secretary, may 

34 sell or dispose of timber in cases where, in the judgment of the Secretary, the 

35 cutting of timber is required to control attacks of insects or diseases or other36 wise conserve the scenery or the natural or historic objects in any System 

37 unit. 

38 § 100754. Relinquishment of legislative jurisdiction 

39 (a) IN GENERAL.—Notwithstanding any other provision of law, the Sec40 retary may relinquish to a State or a territory (including a possession) of 

41 the United States part of the legislative jurisdiction of the United States over 


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1 System land or interests in land in that State or territory. Relinquishment 

2 may be accomplished— 

3 (1) by filing with the chief executive official of the State or territory 

4 a notice of relinquishment to take effect on acceptance; or 

5 (2) as the laws of the State or territory may otherwise provide. 

6 (b) SUBMISSION OF AGREEMENT TO CONGRESS.—Prior to consummating 

7 a relinquishment under subsection (a), the Secretary shall submit the pro8 posed agreement to the Committee on Energy and Natural Resources of the 

9 Senate and the Committee on Natural Resources of the House of Representa10 tives. The Secretary shall not finalize the agreement until 60 calendar days 

11 after the submission has elapsed. 

12 (c) CONCURRENT LEGISLATIVE JURISDICTION.—The Secretary shall dili13 gently pursue the consummation of arrangements with each State or territory 

14 within which a System unit is located so that insofar as practicable the 

15 United States shall exercise concurrent legislative jurisdiction within System 

16 units. 

17 § 100755. Applicability of other laws 

18 (a) IN GENERAL.—This section and sections 100501, 100901(d) to (h), 

19 101302(b)(2), 101901(c), and 102711 of this title, and the various authorities 

20 relating to the administration and protection of System units, including the 

21 provisions of law listed in subsection (b), shall, to the extent that those provi22 sions are not in conflict with any such specific provision, be applicable to 

23 System units, and any reference in any of these provisions to a System unit 

24 does not limit those provisions to that System unit. 

25 (b) APPLICABLE PROVISIONS.—The provisions of law referred to in sub26 section (a) are— 

27 (1) section 100101(a), chapter 1003, sections 100751(a), 100752, 

28 100753, 101101, 101102, 101511, 102101, 102712, 102901, 104905, and 

29 104906, and chapter 2003 of this title; 

30 (2) the Act of March 4, 1911 (43 U.S.C. 961); and 

31 (3) chapter 3201 of this title. 

32 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. 

33 § 100901. Authority of Secretary to carry out certain activi34 ties 

35 (a) IN GENERAL.—To facilitate the administration of the System, the Sec36 retary, under such terms and conditions as the Secretary may consider advis37 able, may carry out the activities described in this section. 


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1 (b) SERVICES, RESOURCES, OR WATER CONTRACTS.—The Secretary may 

2 enter into contracts that provide for the sale or lease to persons, States, or 

3 political subdivisions of States, of services, resources, or water available with4 in a System unit, as long as the activity does not jeopardize or unduly inter5 fere with the primary natural or historic resource of the System unit, if the 

6 person, State, or political subdivision— 

7 (1) provides public accommodations or services within the immediate 

8 vicinity of the System unit to individuals visiting the System unit; and 

9 (2) demonstrates to the Secretary that there are no reasonable alter10 natives by which to acquire or perform the necessary services, resources, 

11 or water. 

12 (c) VEHICULAR AIR CONDITIONING.—The Secretary may acquire, and have 

13 installed, air conditioning units for any Government-owned passenger motor 

14 vehicles used by the Service, where assigned duties necessitate long periods in 

15 automobiles or in regions of the United States where high temperatures and 

16 humidity are common and prolonged. 

17 (d) UTILITY FACILITIES.—The Secretary may erect and maintain fire pro18 tection facilities, water lines, telephone lines, electric lines, and other utility 

19 facilities adjacent to any System unit, where necessary, to provide service in 

20 the System unit. 

21 (e) SUPPLIES AND RENTAL OF EQUIPMENT.—The Secretary may furnish, 

22 on a reimbursement of appropriation basis, supplies, and rent equipment, to 

23 persons and agencies that, in cooperation with and subject to the approval 

24 of the Secretary, render services or perform functions that facilitate or supple25 ment the activities of the Department of the Interior in the administration 

26 of the System. The reimbursements may be credited to the appropriation cur27 rent at the time reimbursements are received. 

28 (f) CONTRACTS FOR UTILITY FACILITIES.—The Secretary may contract, 

29 under terms and conditions that the Secretary considers to be in the interest 

30 of the Federal Government, for the sale, operation, maintenance, repair, or 

31 relocation of Government-owned electric and telephone lines and other utility 

32 facilities used for the administration and protection of the System, regardless 

33 of whether the lines and facilities are located within or outside the System. 

34 (g) RIGHTS OF WAY NECESSARY TO CONSTRUCT, IMPROVE, AND MAINTAIN

35 ROADS.—The Secretary may acquire— 

36 (1) rights of way necessary to construct, improve, and maintain roads 

37 within the authorized boundaries of any System unit; and 

38 (2) land and interests in land adjacent to the rights of way, when— 

39 (A) considered necessary by the Secretary— 

40 (i) to provide adequate protection of natural features; or 


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1 (ii) to avoid traffic and other hazards resulting from private 

2 road access connections; or 

3 (B) the acquisition of adjacent residual tracts, which otherwise 

4 would remain after acquiring the rights of way, would be in the 

5 public interest. 

6 (h) OPERATION AND MAINTENANCE OF MOTOR AND OTHER EQUIPMENT.— 

7 (1) IN GENERAL.—The Secretary may operate, repair, maintain, and 

8 replace motor and other equipment on a reimbursable basis when the 

9 equipment is used on Federal projects of the System, chargeable to other 

10 appropriations, or on work of other Federal agencies, when requested by 

11 the agencies. 

12 (2) REIMBURSEMENT.—Reimbursement shall be— 

13 (A) made from appropriations applicable to the work on which 

14 the equipment is used at rental rates established by the Secretary, 

15 based on actual or estimated cost of operation, repair, maintenance, 

16 depreciation, and equipment management control; and 

17 (B) credited to appropriations currently available at the time ad18 justment is effected. 

19 (3) RENTAL OF EQUIPMENT FOR FIRE CONTROL PURPOSES.—The Sec20 retary may rent equipment for fire control purposes to State, county, 

21 private, or other non-Federal agencies that cooperate with the Secretary 

22 in the administration of the System and other areas in fire control. The 

23 rental shall be under the terms of written cooperative agreements. The 

24 amount collected for the rentals shall be credited to appropriations cur25 rently available at the time payment is received. 

26 § 100902. Rights of way for public utilities and power and 

27 communication facilities 

28 (a) PUBLIC UTILITIES.— 

29 (1) IN GENERAL.—Under regulations the Secretary prescribes, the Sec30 retary may grant a right of way through a System unit to a citizen, 

31 association, or corporation of the United States that intends to use the 

32 right of way for— 

33 (A) electrical plants, poles, and lines for the generation and dis34 tribution of electrical power; 

35 (B) telephone and telegraph purposes; and 

36 (C) canals, ditches, pipes and pipe lines, flumes, tunnels, or other 

37 water conduits and water plants, dams, and reservoirs used to pro38 mote irrigation or mining or quarrying, or the manufacturing or 

39 cutting of timber or lumber, or the supplying of water for domestic, 

40 public, or any other beneficial uses. 


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1 (2) EXTENT OF RIGHT OF WAY.—A right of way under this subsection 

2 shall be for— 

3 (A) the ground occupied by the canals, ditches, flumes, tunnels, 

4 reservoirs, or other water conduits or water plants, or electrical or 

5 other works permitted under paragraph (1); and 

6 (B) not more than 50 feet— 

7 (i) on each side of the marginal limits of the ground; or 

8 (ii) on each side of the center line of the pipes and pipe 

9 lines, electrical, telegraph, and telephone lines and poles. 

10 (3) APPROVAL.—A right of way under this subsection shall be allowed 

11 within or through a System unit only on the approval of the Secretary 

12 and on a finding that the right of way is not incompatible with the pub13 lic interest. 

14 (4) REVOCATION.—The Secretary may revoke a right of way under 

15 this subsection. 

16 (5) RIGHT, EASEMENT, OR INTEREST NOT CONFERRED.—A right of 

17 way under this subsection does not confer any right, easement, or interest 

18 in, to, or over a System unit. 

19 (b) POWER AND COMMUNICATION FACILITIES.— 

20 (1) IN GENERAL.—Under regulations the Secretary prescribes, the Sec21 retary may grant a right of way over, across, and on through a System 

22 unit to a citizen, association, or corporation of the United States that 

23 intends to use the right of way for— 

24 (A) electrical poles and lines for the transmission and distribu25 tion of electrical power; 

26 (B) poles and lines for communication purposes; and 

27 (C) radio, television, and other forms of communication transmit28 ting, relay, and receiving structures and facilities. 

29 (2) EXTENT OF RIGHT OF WAY.—A right of way under this sub30 section— 

31 (A) shall be for not more than 50 years from the date the right 

32 of way is granted; and 

33 (B) for— 

34 (i) lines and poles shall be for 200 feet on each side of the 

35 center line of the lines and poles; and 

36 (ii) radio, television, and other forms of communication 

37 transmitting, relay, and receiving structures and facilities 

38 shall be for not more than 400 feet by 400 feet. 

39 (3) APPROVAL.—A right of way under this subsection shall be allowed 

40 within or through a System unit only on the approval of the Secretary 


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1 and on a finding that the right of way is not incompatible with the pub2 lic interest. 

3 (4) FORFEITURE AND ANNULMENT.—The Secretary may forfeit and 

4 annul any part of a right of way under this subsection for— 

5 (A) nonuse for a period of 2 years; or 

6 (B) abandonment. 

7 § 100903. Solid waste disposal operations 

8 (a) IN GENERAL—To protect the air, land, water, and natural and cultural 

9 values of the System and the property of the United States in the System, 

10 no solid waste disposal site (including any site for the disposal of domestic 

11 or industrial solid waste) may be operated within the boundary of any Sys12 tem unit, other than— 

13 (1) a site that was operating as of September 1, 1984; or 

14 (2) a site used only for disposal of waste generated within that System 

15 unit so long as the site will not degrade any of the natural or cultural 

16 resources of the System unit. 

17 (b) REGULATIONS.—The Secretary shall prescribe regulations to carry out 

18 this section, including reasonable regulations to mitigate the adverse effects 

19 of solid waste disposal sites in operation as of September 1, 1984, on property 

20 of the United States. 

21 § 100904. Admission and special recreation use fees 

22 (a) SYSTEM UNITS AT WHICH ENTRANCE FEES OR ADMISSIONS FEES CAN23 NOT BE COLLECTED.— 

24 (1) WITHHOLDING OF AMOUNTS.—Notwithstanding section 107 of the 

25 Department of the Interior and Related Agencies Appropriations Act, 

26 1998 (Public Law 105–83, 111 Stat. 1561), the Secretary shall withhold 

27 from the special account under section 807(a) of the Federal Lands 

28 Recreation Enhancement Act (16 U.S.C. 6806(a)) 100 percent of the fees 

29 and charges collected in connection with any System unit at which en30 trance fees or admission fees cannot be collected by reason of deed restric31 tions. 

32 (2) USE OF AMOUNTS.—Amounts withheld under paragraph (1) shall 

33 be retained by the Secretary and shall be available, without further ap34 propriation, for expenditure by the Secretary for the System unit with 

35 respect to which the amounts were collected for the purposes of enhancing 

36 the quality of the visitor experience, protection of resources, repair and 

37 maintenance, interpretation, signage, habitat or facility enhancement, 

38 resource preservation, annual operation (including fee collection), main39 tenance, and law enforcement. 

40 (b) ALLOCATION OF FUNDS TO SYSTEM UNITS.— 


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1 (1) ALLOCATION OF FUNDS ON BASIS OF NEED.—Ten percent of the 

2 funds made available to the Director under subsection (a) in each fiscal 

3 year shall be allocated among System units on the basis of need in a 

4 manner to be determined by the Director. 

5 (2) ALLOCATION OF FUNDS BASED ON EXPENSES AND BASED ON FEES

6 COLLECTED.— 

7 (A) IN GENERAL.—Forty percent of the funds made available to 

8 the Director under subsection (a) in each fiscal year shall be allo9 cated among System units in accordance with subparagraph (B) of 

10 this subsection and 50 percent shall be allocated in accordance with 

11 subparagraph (C). 

12 (B) ALLOCATION BASED ON EXPENSES.–The amount allocated to 

13 each System unit under this paragraph for each fiscal year based 

14 on expenses shall be a fraction of the total allocation to all System 

15 units under this paragraph. The fraction for each System unit shall 

16 be determined by dividing the operating expenses at that System 

17 unit during the prior fiscal year by the total operating expenses at 

18 all System units during the prior fiscal year. 

19 (C) ALLOCATION BASED ON FEES COLLECTED.—The amount allo20 cated to each System unit under this paragraph for each fiscal year 

21 based on fees collected shall be a fraction of the total allocation to 

22 all System units under this paragraph. The fraction for each Sys23 tem unit shall be determined by dividing the user fees and admis24 sion fees collected under this section at that System unit during the 

25 prior fiscal year by the total of user fees and admission fees collected 

26 under this section at all System units during the prior fiscal year. 

27 (3) AVAILABILITY OF AMOUNTS.—Amounts allocated under this sub28 section to any System unit for any fiscal year and not expended in that 

29 fiscal year shall remain available for expenditure at that System unit 

30 until expended. 

31 (c) SELLING OF PERMITS.— 

32 (1) AUTHORITY TO SELL PERMITS.—When authorized by the Sec33 retary, volunteers at System units may sell permits and collect fees au34 thorized or established pursuant to this section. The Secretary shall en35 sure that the volunteers have adequate training regarding— 

36 (A) the sale of permits and the collection of fees; 

37 (B) the purposes and resources of the System units in which they 

38 are assigned; and 

39 (C) the provision of assistance and information to visitors to the 

40 System unit. 


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1 (2) SURETY BOND REQUIRED.—The Secretary shall require a surety 

2 bond for any such volunteer performing services under this subsection. 

3 Funds available to the Service may be used to cover the cost of the surety 

4 bond. The Secretary may enter into arrangements with qualified public 

5 or private entities pursuant to which the entities may sell (without cost 

6 to the United States) annual admission permits (including Golden Eagle 

7 Passports) at any appropriate location. The arrangements shall require 

8 each such entity to reimburse the United States for the full amount to 

9 be received from the sale of the permits at or before the Secretary delivers 

10 the permits to the entity for sale. 

11 (d) CHARGE FOR TRANSPORTATION PROVIDED BY SERVICE FOR VIEWING

12 SYSTEM UNITS.— 

13 (1) CHARGE WHEN TRANSPORTATION PROVIDED.—Where the Service 

14 provides transportation to view all or a portion of any System unit, the 

15 Director may impose a charge for the service in lieu of an admission 

16 fee under this section. 

17 (2) RETENTION OF CHARGE AND USE OF RETAINED AMOUNT.—Not18 withstanding any other provision of law, half of the charges imposed 

19 under paragraph (1) shall be retained by the System unit at which the 

20 service was provided. The remainder shall be deposited in the same man21 ner as receipts from fees collected pursuant to this section. Fifty percent 

22 of the amount retained shall be expended only for maintenance of trans23 portation systems at the System unit where the charge was imposed. The 

24 remaining 50 percent of the retained amount shall be expended only for 

25 activities related to resource protection at those System units. 

26 (e) ADMISSION FEES.–Where the primary public access to a System unit 

27 is provided by a concessioner, the Secretary may charge an admission fee at 

28 the System unit only to the extent that the total of the fee charged by the 

29 concessioner for access to the System unit and the admission fee does not ex30 ceed the maximum amount of the admission fee thate could otherwise be im31 posed. 

32 (f) COMMERCIAL TOUR USE FEES.— 

33 (1) ESTABLISHMENT.—In the case of each System unit for which an 

34 admission fee is charged under this section, the Secretary shall establish 

35 a commercial tour use fee to be imposed on each vehicle entering the Sys36 tem unit for the purpose of providing commercial tour services within 

37 the System unit. 

38 (2) AMOUNT.—The Secretary shall establish the amount of fee per 

39 entry as follows: 

40 (A) Twenty-five dollars per vehicle with a passenger capacity of 

41 25 individuals or less. 


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1 (B) Fifty dollars per vehicle with a passenger capacity of more 

2 than 25 individuals. 

3 (3) ADJUSTMENTS.—The Secretary may periodically make reasonable 

4 adjustments to the commercial tour use fee imposed under this sub5 section. 

6 (4) NONAPPLICABILITY.—The commercial tour use fee imposed under 

7 this subsection shall not apply to the following: 

8 (A) Any vehicle transporting organized school groups or outings 

9 conducted for educational purposes by schools or other bona fide 

10 educational institutions. 

11 (B) Any vehicle entering a System unit pursuant to a contract 

12 issued under subchapter II of chapter 1019 of this title. 

13 (5) APPLICABILITY.—This subsection shall apply to aircraft entering 

14 the airspace of— 

15 (A) Haleakala ̄ Crater, Crater Cabins, the Scientific Research Re16 serve, Halemauu Trail, Kaupo Gap Trail, or any designated tourist 

17 viewpoint in Haleakala ̄ National Park or of Grand Canyon Na18 tional Park; or 

19 (B) any other System unit for the specific purpose of providing 

20 commercial tour services if the Secretary determines that the level 

21 of the services is equal to or greater than the level at the System 

22 units specified in subparagraph (A). 

23 § 100905. Commercial filming 

24 (a) COMMERCIAL FILMING FEE.— 

25 (1) IN GENERAL.—The Secretary shall require a permit and shall es26 tablish a reasonable fee for commercial filming activities or similar 

27 projects in a System unit. The fee shall provide a fair return to the 

28 United States and shall be based on the following criteria: 

29 (A) The number of days the filming activity or similar project 

30 takes place in the System unit. 

31 (B) The size of the film crew present in the System unit. 

32 (C) The amount and type of equipment present in the System 

33 unit. 

34 (2) OTHER FACTORS.—The Secretary may include other factors in de35 termining an appropriate fee as the Secretary considers necessary. 

36 (b) RECOVERY OF COSTS.—The Secretary shall collect any costs incurred 

37 as a result of filming activities or similar projects, including administrative 

38 and personnel costs. All costs recovered shall be in addition to the fee assessed 

39 in subsection (a). 

40 (c) STILL PHOTOGRAPHY.— 


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1 (1) IN GENERAL.—Except as provided in paragraph (2), the Secretary 

2 shall not require a permit or assess a fee for still photography in a Sys3 tem unit if the photography takes place where members of the public are 

4 generally allowed. The Secretary may require a permit, assess a fee, or 

5 both, if the photography takes place at other locations where members of 

6 the public are generally not allowed, or where additional administrative 

7 costs are likely. 

8 (2) EXCEPTION.—The Secretary shall require and shall establish a 

9 reasonable fee for still photography that uses models or props that are 

10 not a part of the site’s natural or cultural resources or administrative 

11 facilities. 

12 (d) PROTECTION OF RESOURCES.—The Secretary shall not permit any 

13 filming, still photography or other related activity if the Secretary determines 

14 that— 

15 (1) there is a likelihood of resource damage; 

16 (2) there would be an unreasonable disruption of the public’s use and 

17 enjoyment of the site; or 

18 (3) the activity poses health or safety risks to the public. 

19 (e) USE OF PROCEEDS.— 

20 (1) FEES.—All fees collected under this section shall be available for 

21 expenditure by the Secretary, without further appropriation and shall 

22 remain available until expended. 

23 (2) COSTS.—All costs recovered under this section shall be available 

24 for expenditure by the Secretary, without further appropriation, at the 

25 site where the costs are collected and shall remain available until ex26 pended. 

27 (f) PROCESSING OF PERMIT APPLICATIONS.—The Secretary shall establish 

28 a process to ensure that the Secretary responds in a timely manner to permit 

29 applicants for commercial filming, still photography, or other activity. 

30 § 100906. Advisory committees 

31 (a) ESTABLISHMENT.—To facilitate the administration of the System, the 

32 Secretary, under such terms and conditions as the Secretary may consider ad33 visable, may appoint and establish advisory committees in regard to the func34 tions of the Service as the Secretary considers advisable. 

35 (b) CHARTER EXCEPTION ON RENEWAL.—Section 14(b) of the Federal Ad36 visory Committee Act (5 U.S.C. App.) is waived with respect to any advisory 

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

38 System unit during the period for which the commission or committee is au39 thorized by law. 


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1 (c) SERVICE OF MEMBERS.—Any member of any advisory commission or 

2 advisory committee established in connection with any System unit may serve 

3 after the expiration of the member’s term until a successor is appointed. 

4 (d) COMPENSATION AND TRAVEL EXPENSES.—Members of an advisory 

5 committee established under subsection (a) shall receive no compensation for 

6 their services as such but shall be allowed necessary travel expenses as author7 ized by section 5703 of title 5. 

8 Chapter 1011—Donations 

Subchapter I—Authority of Secretary 

Sec. 

101101. Authority to accept land, rights-of-way, buildings, other property, and money. 

101102. Authority to accept and use funds to consolidate Federal land ownership. 

Subchapter 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. 

9 Subchapter I—Authority of Secretary 

10 § 101101. Authority to accept land, rights-of-way, buildings, 

11 other property, and money 

12 The Secretary in the administration of the Service may accept— 

13 (1) patented land, rights-of-way over patented land or other land, 

14 buildings, or other property within a System unit; and 

15 (2) money that may be donated for the purposes of the System. 

16 § 101102. Authority to accept and use funds to consolidate 

17 Federal land ownership 

18 (a) IN GENERAL.—The Secretary may— 

19 (1) accept and use funds that may be donated in order to consolidate 

20 Federal land ownership within the existing boundaries of any System 

21 unit; and 

22 (2) encourage the donation of funds for that purpose, subject to the 

23 condition that donated funds are to be expended for purposes of this sec24 tion only if Federal funds in an amount equal to the amount of the do25 nated funds are appropriated for the purposes of this section. 

26 (b) AUTHORIZATION OF APPROPRIATIONS.—There are authorized to be ap27 propriated for each fiscal year not more than $500,000 to match funds that 

28 are donated for those purposes. 


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1 Subchapter II—National Park Foundation 

2 § 101111. Purpose and establishment of Foundation 

3 To encourage private gifts of real and personal property, or any income 

4 from, or other interest in, the property, for the benefit of, or in connection 

5 with, the Service, its activities, or its services, and thereby to further the con6 servation of natural, scenic, historic, scientific, educational, inspirational, or 

7 recreational resources for future generations of Americans, there is established 

8 a charitable and nonprofit corporation to be known as the National Park 

9 Foundation to accept and administer those gifts. 

10 § 101112. Board 

11 (a) MEMBERSHIP.—The National Park Foundation shall consist of a Board 

12 having as members the Secretary, the Director, and no fewer than 6 private 

13 citizens of the United States appointed by the Secretary. 

14 (b) TERM OF OFFICE AND VACANCIES.—The term of the private citizen 

15 members of the Board is 6 years. If a successor is chosen to fill a vacancy 

16 occurring prior to the expiration of a term, the successor shall be chosen only 

17 for the remainder of that term. 

18 (c) CHAIRMAN AND SECRETARY.—The Secretary shall be the Chairman of 

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

20 (d) BOARD MEMBERSHIP NOT AN OFFICE.—Membership on the Board shall 

21 not be an office within the meaning of the statutes of the United States. 

22 (e) QUORUM.—A majority of the members of the Board serving at any time 

23 shall constitute a quorum for the transaction of business. 

24 (f) SEAL.—The National Park Foundation shall have an official seal, 

25 which shall be judicially noticed. 

26 (g) MEETINGS.—The Board shall meet at the call of the Chairman and 

27 there shall be at least one meeting each year. 

28 (h) COMPENSATION AND REIMBURSEMENT.—No compensation shall be paid 

29 to the members of the Board for their services as members, but they shall be 

30 reimbursed for actual and necessary traveling and subsistence expenses in31 curred by them in the performance of their duties as members out of National 

32 Park Foundation funds available to the Board for those purposes. 

33 § 101113. Gifts, devises, or bequests 

34 (a) AUTHORITY TO ACCEPT GIFTS, DEVISES, OR BEQUESTS.— 

35 (1) IN GENERAL.—The National Park Foundation may accept, receive, 

36 solicit, hold, administer, and use any gifts, devises, or bequests, either ab37 solutely or in trust of real or personal property, or any income from, 

38 or other interest in, the gift, devise, or bequest, for the benefit of, or in 

39 connection with, the Service, its activities, or its services. 

40 (2) GIFT, DEVISE, OR BEQUEST THAT IS ENCUMBERED, RESTRICTED, 

41 OR SUBJECT TO BENEFICIAL INTERESTS.—A gift, devise, or bequest may 


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1 be accepted by the National Park Foundation even though it is encum2 bered, restricted, or subject to beneficial interests of private persons if 

3 any current or future interest in the gift, devise, or bequest is for the 

4 benefit of the Service, its activities, or its services. 

5 (b) WHEN GIFT, DEVISE, OR BEQUEST MAY NOT BE ACCEPTED.—The Na6 tional Park Foundation may not accept any gift, devise, or bequest that en7 tails any expenditure other than from the resources of the Foundation. 

8 (c) INTEREST IN REAL PROPERTY.—For purposes of this section, an inter9 est in real property includes easements or other rights for preservation, con10 servation, protection, or enhancement by and for the public of natural, scenic, 

11 historic, scientific, educational, inspirational, or recreational resources. 

12 § 101114. Disposition of property or income 

13 (a) AUTHORITY TO DISPOSE OR DEAL WITH PROPERTY OR INCOME.—Ex14 cept as otherwise required by the instrument of transfer, the National Park 

15 Foundation may sell, lease, invest, reinvest, retain, or otherwise dispose of or 

16 deal with any property or income from the property as the Board may deter17 mine. 

18 (b) RESTRICTION.—The National Park Foundation shall not engage in any 

19 business or make any investment that may not lawfully be made by a trust 

20 company in the District of Columbia, except that the Foundation may make 

21 any investment authorized by the instrument of transfer, and may retain any 

22 property accepted by the Foundation. 

23 (c) USE OF SERVICES AND FACILITIES OF THE DEPARTMENTS OF THE IN24 TERIOR AND JUSTICE.—The National Park Foundation may utilize the serv25 ices and facilities of the Department of the Interior and the Department of 

26 Justice, and the services and facilities may be made available on request to 

27 the extent practicable with or without reimbursement. Amounts reimbursed to 

28 either Department shall be returned by the Department to the account from 

29 which the funds for which the reimbursement is made were drawn and may, 

30 without further appropriation, be expended for any purpose for which the ac31 count is authorized. 

32 § 101115. Corporate succession and powers and duties acting 

33 as trustee; personal liability for malfeasance 

34 (a) PERPETUAL SUCCESSION.—The National Park Foundation shall have 

35 perpetual succession. 

36 (b) POWERS AND DUTIES OF TRUSTEE.—The National Park Foundation 

37 shall have all the usual powers and obligations of a corporation acting as a 

38 trustee, including the power to sue and to be sued in its own name. 

39 (c) PERSONAL LIABILITY OF BOARD MEMBERS.—The members of the Board 

40 shall not be personally liable, except for malfeasance. 


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1 § 101116. Corporate powers 

2 The National Park Foundation shall have the power to enter into contracts, 

3 to execute instruments, and generally to do any and all lawful acts necessary 

4 or appropriate to its purposes. 

5 § 101117. Authority of Board 

6 In carrying out this chapter, the Board may— 

7 (1) adopt bylaws and regulations necessary for the administration of 

8 its functions; and 

9 (2) contract for any necessary services. 

10 § 101118. Tax exemptions; contributions toward costs of local 

11 government; contributions, gifts, or transfers to or 

12 for use of United States 

13 (a) TAX EXEMPTION.—The National Park Foundation and any income or 

14 property received or owned by it, and all transactions relating to that income 

15 or property, shall be exempt from all Federal, State, and local taxation. 

16 (b) CONTRIBUTIONS IN LIEU OF TAXES.—The National Park Foundation 

17 may— 

18 (1) contribute toward the costs of local government in amounts not in 

19 excess of those which it would be obligated to pay that government if it 

20 were not exempt from taxation by virtue of subsection (a) or by virtue 

21 of its being a charitable and nonprofit corporation; and 

22 (2) agree to contribute with respect to property transferred to it and 

23 the income derived from the property if the agreement is a condition of 

24 the transfer. 

25 (c) TRANSFERS DEEMED TO BE TO OR FOR THE USE OF UNITED

26 STATES.—Contributions, gifts, and other transfers made to or for the use of 

27 the Foundation shall be deemed to be contributions, gifts, or transfers to or 

28 for the use of the United States. 

29 § 101119. Liability of United States 

30 The United States shall not be liable for any debts, defaults, acts, or omis31 sions of the National Park Foundation. 

32 § 101120. Promotion of local fundraising support 

33 (a) PROGRAM.—The National Park Foundation shall design and imple34 ment a comprehensive program to assist and promote philanthropic programs 

35 of support at the individual System unit level. 

36 (b) IMPLEMENTATION.—The program under subsection (a) shall be imple37 mented to— 

38 (1) assist in the creation of local nonprofit support organizations; and 

39 (2) provide support, national consistency, and management-improving 

40 suggestions for local nonprofit support organizations. 

41 (c) PROGRAM.—The program under subsection (a)— 


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1 (1) shall include the greatest number of System units as is practicable; 

2 and 

3 (2) at a minimum shall include— 

4 (A) a standard adaptable organizational design format to estab5 lish and sustain responsible management of a local nonprofit sup6 port organization for support of a System unit; 

7 (B) standard and legally tenable bylaws and recommended 

8 money-handling procedures that can easily be adapted as applied 

9 to individual System units; and 

10 (C) a standard training curriculum to orient and expand the op11 erating expertise of personnel employed by local nonprofit support 

12 organizations. 

13 (d) ANNUAL REPORT.—The National Park Foundation shall report the 

14 progress of the program under subsection (a) in the annual report of the 

15 Foundation. 

16 (e) AFFILIATIONS.— 

17 (1) CHARTER OR CORPORATE BYLAWS.—Nothing in this section re18 quires— 

19 (A) a nonprofit support organization or friends group to modify 

20 current practices or to affiliate with the National Park Foundation; 

21 or 

22 (B) a local nonprofit support organization, established as a result 

23 of this section, to be bound through its charter or corporate bylaws 

24 to be permanently affiliated with the National Park Foundation. 

25 (2) ESTABLISHMENT.—An affiliation with the National Park Founda26 tion shall be established only at the discretion of the governing board of 

27 a nonprofit organization. 

28 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. 


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1 Subchapter I—General Provisions 

2 § 101301. Maintenance management system 

3 The Service shall implement a maintenance management system in the 

4 maintenance and operations programs of the System. The system shall in5 clude the following elements: 

6 (1) A workload inventory of assets including detailed information that 

7 quantifies for all assets (including buildings, roads, utility systems, and 

8 grounds that must be maintained) the characteristics affecting the type 

9 of maintenance work performed. 

10 (2) A set of maintenance tasks that describe the maintenance work in 

11 each System unit. 

12 (3) A description of work standards including— 

13 (A) frequency of maintenance; 

14 (B) measurable quality standard to which assets should be main15 tained; 

16 (C) methods for accomplishing work; 

17 (D) required labor, equipment, and material resources; and 

18 (E) expected worker production for each maintenance task. 

19 (4) A work program and performance budget that develops an annual 

20 work plan identifying maintenance needs and financial resources to be 

21 devoted to each maintenance task. 

22 (5) A work schedule that identifies and prioritizes tasks to be done in 

23 a specific time period and specifies required labor resources. 

24 (6) Work orders specifying job authorizations and a record of work ac25 complished that can be used to record actual labor and material costs. 

26 (7) Reports and special analyses that compare planned versus actual 

27 accomplishments and costs and that can be used to evaluate maintenance 

28 operations. 

29 § 101302. Authority of Secretary to carry out certain activi30 ties 

31 (a) IN GENERAL.—To facilitate the administration of the System, the Sec32 retary, under such terms and conditions as the Secretary may consider advis33 able, may carry out the activities described in this section. 

34 (b) TRANSPORTATION.—The Secretary may provide transportation of em35 ployees located at an isolated area of the System and to members of their fam36 ilies, if— 

37 (1) the area is not adequately served by commercial transportation; 

38 and 

39 (2) the transportation is incidental to official transportation services. 


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1 (c) RECREATION FACILITIES, EQUIPMENT, AND SERVICES.—The Secretary 

2 may provide recreation facilities, equipment, and services for use by employ3 ees and their families located at an isolated area of the System. 

4 (d) FIELD AND SPECIAL PURPOSE EQUIPMENT.—The Secretary may pur5 chase field and special purpose equipment required by employees for the per6 formance of assigned functions. The purchased equipment shall be regarded 

7 and listed as System equipment. 

8 (e) MEALS AND LODGING.—The Secretary may provide meals and lodging, 

9 as the Secretary considers appropriate, for members of the United States Park 

10 Police and other employees of the Service, as the Secretary may designate, 

11 serving temporarily on extended special duty in System units. For this pur12 pose the Secretary may use funds appropriated for the expenses of the Depart13 ment of the Interior. 

14 § 101303. Medical attention for employees 

15 (a) IN GENERAL.—In the administration of the Service, the Secretary may 

16 contract for medical attention and service for employees and to make nec17 essary payroll deductions agreed to by the employees for that medical atten18 tion and service. 

19 (b) EMPLOYEES LOCATED AT ISOLATED SITUATIONS.—The Secretary may 

20 provide, out of amounts appropriated for the general expense of the System 

21 units, medical attention for employees of the Service located at isolated situa22 tions, including— 

23 (1) moving the employees to hospitals or other places where medical 

24 assistance is available; and 

25 (2) in case of death, to remove the bodies of deceased employees to the 

26 nearest place where they can be prepared for shipment or for burial. 

27 § 101304. Personal equipment and property 

28 (a) PURCHASE OF PERSONAL EQUIPMENT AND SUPPLIES.—The Secretary 

29 may purchase personal equipment and supplies for employees of the Service 

30 and make deductions for the equipment and supplies from amounts appro31 priated for salary payments or otherwise due the employees. 

32 (b) LOST, DAMAGED, OR DESTROYED PROPERTY.—The Secretary, in the 

33 administration of the Service, may reimburse employees and other owners of 

34 horses, vehicles, and other equipment lost, damaged, or destroyed while in the 

35 custody of the employee or the Department of the Interior, under authoriza36 tion, contract, or loan, for necessary firefighting, trail, or other official busi37 ness. Reimbursement shall be made from any available funds in the appro38 priation to which the hire of the equipment would be properly chargeable. 

39 (c) EQUIPMENT REQUIRED TO BE FURNISHED BY FIELD EMPLOYEES.— 

40 The Secretary may— 


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1 (1) require field employees of the Service to furnish horses, motor and 

2 other vehicles, and miscellaneous equipment necessary for the perform3 ance of their official work; and 

4 (2) provide, at Federal Government expense, forage, care, and housing 

5 for animals, and housing or storage and fuel for vehicles and other 

6 equipment required to be furnished. 

7 (d) HIRE, RENTAL, AND PURCHASE OF PROPERTY.—The Secretary, under 

8 regulations the Secretary may prescribe, may authorize the hire, rental, or 

9 purchase of property from employees of the Service whenever it would promote 

10 the public interest to do so. 

11 § 101305. Travel expenses of System employees and depend12 ents of deceased employees 

13 In the administration of the System, the Secretary may, under regulations 

14 the Secretary may prescribe, pay the travel expenses (including the costs of 

15 packing, crating, and transporting (including draying) personal property) 

16 of— 

17 (1) employees, on permanent change of station of the employees; and 

18 (2) dependents of deceased employees— 

19 (A) to the nearest housing reasonably available that is of a stand20 ard not less than that which is vacated, including compensation for 

21 not to exceed 60 days rental cost, in the case of an employee who 

22 occupied Federal Government housing and whose death requires the 

23 housing to be promptly vacated; and 

24 (B) to the nearest port of entry in the conterminous 48 States 

25 in the case of an employee whose last permanent station was outside 

26 the conterminous 48 States. 

27 Subchapter II—Service Career 

28 Development, Training, and Management 

29 § 101321. Service employee training 

30 The Secretary shall develop a comprehensive training program for employ31 ees in all professional careers in the workforce of the Service for the purpose 

32 of ensuring that the workforce has available the best up-to-date knowledge, 

33 skills, and abilities with which to manage, interpret, and protect the resources 

34 of the System. 

35 § 101322. Management development and training 

36 The Secretary shall maintain a clear plan for management training and 

37 development under which career professional Service employees from any ap38 propriate academic field may obtain sufficient training, experience, and ad39 vancement opportunity to enable those qualified to move into System unit 

40 management positions, including the position of superintendent of a System 

41 unit. 


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1 Subchapter III—Housing Improvement 

2 § 101331. Definitions 

3 In this subchapter: 

4 (1) FIELD EMPLOYEE.—The term ‘‘field employee’’ means— 

5 (A) an employee of the Service who is exclusively assigned by the 

6 Service to perform duties at a field unit, and the members of the 

7 employee’s family; and 

8 (B) any other individual who is authorized to occupy Federal 

9 Government quarters under section 5911 of title 5, and for whom 

10 there is no feasible alternative to the provision of Federal Govern11 ment housing, and the members of the individual’s family. 

12 (2) PRIMARY RESOURCE VALUES.—The term ‘‘primary resource val13 ues’’ means resources that are specifically mentioned in the enabling leg14 islation for that field unit or other resource value recognized under Fed15 eral statute. 

16 (3) QUARTERS.—The term ‘‘quarters’’ means quarters owned or leased 

17 by the Federal Government. 

18 (4) SEASONAL QUARTERS.—The term ‘‘seasonal quarters’’ means quar19 ters typically occupied by field employees who are hired on assignments 

20 of 6 months or less. 

21 § 101332. General authority of Secretary 

22 (a) RENTAL HOUSING.—To enhance the ability of the Secretary, acting 

23 through the Director, to effectively manage System units, the Secretary may 

24 where necessary and justified— 

25 (1) make available employee housing, on or off land under the admin26 istrative jurisdiction of the Service; and 

27 (2) rent that housing to field employees at rates based on the reason28 able value of the housing in accordance with requirements applicable 

29 under section 5911 of title 5. 

30 (b) JOINT DEVELOPMENT AUTHORITY.—The Secretary may use authorities 

31 granted by statute in combination with one another in the furtherance of pro32 viding where necessary and justified affordable field employee housing. 

33 (c) CONSTRUCTION LIMITATIONS ON FEDERAL LAND.—The Secretary may 

34 not utilize any land for the purposes of providing field employee housing 

35 under this subchapter that will affect a primary resource value of the area 

36 or adversely affect the mission of the Service. 

37 (d) RENTAL RATES.—To the extent practicable, the Secretary shall estab38 lish rental rates for all quarters occupied by field employees of the Service 

39 that are based on the reasonable value of the quarters in accordance with re40 quirements applicable under section 5911 of title 5. 


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1 § 101333. Criteria for providing housing 

2 The Secretary shall maintain criteria under which housing is provided to 

3 employees of the Service. The Secretary shall examine the criteria with respect 

4 to the circumstances under which the Service requires an employee to occupy 

5 Federal Government quarters, so as to provide necessary services or protect 

6 Federal Government property or because of a lack of availability of non-Fed7 eral housing in a geographic area. 

8 § 101334. Authorization for housing agreements 

9 The Secretary may, pursuant to the authorities contained in this sub10 chapter and subject to the appropriation of necessary funds in advance, enter 

11 into housing agreements with housing entities under which the housing enti12 ties may develop, construct, rehabilitate, or manage housing, located on or off 

13 public land, for rent to Service employees who meet the housing eligibility cri14 teria developed by the Secretary pursuant to this subchapter. 

15 § 101335. Housing programs 

16 (a) JOINT PUBLIC-PRIVATE SECTOR HOUSING PROGRAM.— 

17 (1) LEASE-TO-BUILD PROGRAM.—Subject to the appropriation of nec18 essary funds in advance, the Secretary may lease— 

19 (A) Federal land and interests in land to qualified persons for 

20 the construction of field employee quarters for any period not to ex21 ceed 50 years; and 

22 (B) developed and undeveloped non-Federal land for providing 

23 field employee quarters. 

24 (2) COMPETITIVE LEASING.—Each lease under paragraph (1)(A) shall 

25 be awarded through the use of publicly advertised, competitively bid, or 

26 competitively negotiated contracting procedures. 

27 (3) TERMS AND CONDITIONS.—Each lease under paragraph (1)(A)— 

28 (A) shall stipulate whether operation and maintenance of field 

29 employee quarters is to be provided by the lessee, field employees, 

30 or the Federal Government; 

31 (B) shall require that the construction and rehabilitation of field 

32 employee quarters be done in accordance with the requirements of 

33 the Service and local applicable building codes and industry stand34 ards; 

35 (C) shall contain additional terms and conditions as may be ap36 propriate to protect the Federal interest, including limits on rents 

37 that the lessee may charge field employees for the occupancy of quar38 ters, conditions on maintenance and repairs, and agreements on the 

39 provision of charges for utilities and other infrastructure; and 


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1 (D) may be granted at less than fair market value if the Sec2 retary determines that the lease will improve the quality and avail3 ability of field employee quarters. 

4 (4) CONTRIBUTIONS BY FEDERAL GOVERNMENT.—The Secretary may 

5 make payments, subject to appropriations, or contributions in kind, in 

6 advance or on a continuing basis, to reduce the costs of planning, con7 struction, or rehabilitation of quarters on or off Federal land under a 

8 lease under this subsection. 

9 (b) RENTAL GUARANTEE PROGRAM.— 

10 (1) GENERAL AUTHORITY.—Subject to the appropriation of necessary 

11 funds in advance, the Secretary may enter into a lease-to-build arrange12 ment as set forth in subsection (a) with further agreement to guarantee 

13 the occupancy of field employee quarters constructed or rehabilitated 

14 under the lease. A guarantee made under this paragraph shall be in 

15 writing. 

16 (2) LIMITATIONS ON GUARANTEES.— 

17 (A) SPECIFIC GUARANTEES.—The Secretary may not guar18 antee— 

19 (i) the occupancy of more than 75 percent of the units con20 structed or rehabilitated under the lease; and 

21 (ii) at a rental rate that exceeds the rate based on the rea22 sonable value of the housing in accordance with requirements 

23 applicable under section 5911 of title 5. 

24 (B) TOTAL OF OUTSTANDING GUARANTEES.—Outstanding guar25 antees shall not be in excess of $3,000,000. 

26 (3) AGREEMENT TO RENT TO FEDERAL GOVERNMENT EMPLOYEES.— 

27 A guarantee may be made under this subsection only if the lessee agrees 

28 to permit the Secretary to utilize for housing purposes any units for 

29 which the guarantee is made. 

30 (4) OPERATION AND MAINTENANCE.—A lease shall be void if the lessee 

31 fails to maintain a satisfactory level of operation and maintenance. 

32 § 101336. Contracts for the management of field employee 

33 quarters 

34 Subject to the appropriation of necessary funds in advance, the Secretary 

35 may enter into contracts of any duration for the management, repair, and 

36 maintenance of field employee quarters. The contract shall contain terms and 

37 conditions that the Secretary considers necessary or appropriate to protect the 

38 interests of the United States and ensure that necessary quarters are available 

39 to field employees. 


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1 § 101337. Leasing of seasonal employee quarters 

2 (a) GENERAL AUTHORITY.—The Secretary may lease quarters at or near 

3 a System unit for use as seasonal quarters for field employees if the Secretary 

4 finds that there is a shortage of adequate and affordable seasonal quarters at 

5 or near the System unit and that— 

6 (1) the requirement for the seasonal field employee quarters is tem7 porary; or 

8 (2) leasing would be more cost-effective than construction of new sea9 sonal field employee quarters. 

10 (b) RENT.—The rent charged to field employees under the lease shall be a 

11 rate based on the reasonable value of the quarters in accordance with require12 ments applicable under section 5911 of title 5. 

13 (c) UNRECOVERED COSTS.—The Secretary may pay the unrecovered costs 

14 of leasing seasonal quarters under this section from annual appropriations 

15 for the year in which the lease is made. 

16 § 101338. General leasing provisions 

17 (a) EXEMPTION FROM LEASING REQUIREMENTS.—Section 102901 of this 

18 title and section 1302 of title 40 shall not apply to leases issued by the Sec19 retary under this section. 

20 (b) PROCEEDS FROM LEASES.—The proceeds from any lease under section 

21 101335(a)(1) of this title and any lease under section 101337 of this title shall 

22 be retained by the Service and deposited in the special fund established for 

23 maintenance and operation of quarters. 

24 § 101339. Assessment and priority listing 

25 The Secretary shall— 

26 (1) complete a condition assessment for all field employee housing, in27 cluding the physical condition of the housing and the necessity and suit28 ability of the housing for carrying out the mission of the Service, using 

29 existing information; and 

30 (2) develop a Service-wide priority listing, by structure, identifying 

31 the units in greatest need for repair, rehabilitation, replacement, or ini32 tial construction. 

33 § 101340. Use of funds 

34 (a) EXPENDITURE SHALL FOLLOW PRIORITY LISTING.—Expenditure of 

35 any funds authorized and appropriated for new construction, repair, or reha36 bilitation of housing under this chapter shall follow the housing priority list37 ing established by the Secretary under section 101339 of this title, in sequen38 tial order, to the maximum extent practicable. 

39 (b) NONCONSTRUCTION FUNDS IN ANNUAL BUDGET SUBMITTAL.—Each fis40 cal year the President’s proposed budget to Congress shall include identificaVerDate Mar 15 2010 00:44 Aug 03, 2012 Jkt 019200 PO 00000 Frm 00042 Fmt 6652 Sfmt 6223 E:\BILLS\H1950.RH H1950

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1 tion of nonconstruction funds to be spent for Service housing maintenance 

2 and operations that are in addition to rental receipts collected. 

3 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 

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. 

4 Subchapter I—Airports 

5 § 101501. Airports in or near System units 

6 (a) DEFINITIONS.—In this section, the terms ‘‘airport’’, ‘‘project’’, ‘‘project 

7 costs’’, ‘‘public agency’’, and ‘‘sponsor’’ have the meanings given the terms in 

8 section 47102 of title 49. 

9 (b) ACQUISITION, OPERATION, AND MAINTENANCE OF AIRPORTS.— 

10 (1) AUTHORIZATION.—The Secretary may plan, acquire, establish, 

11 construct, enlarge, improve, maintain, equip, operate, regulate, and pro12 tect airports in the continental United States in, or in close proximity 

13 to, System units, when the Secretary determines that the airports are 

14 necessary to the proper performance of the functions of the Department 

15 of the Interior. 

16 (2) INCLUSION IN NATIONAL PLAN.—The Secretary shall not acquire, 

17 establish, or construct an airport under this section unless the airport 

18 is included in the national plan of integrated airport systems formulated 

19 by the Secretary of Transportation pursuant to section 47103 of title 49. 

20 (3) OPERATION AND MAINTENANCE MUST ACCORD WITH STANDARDS

21 AND REGULATIONS OF SECRETARY OF TRANSPORTATION.—The operation 

22 and maintenance of airports under this section shall be in accordance 

23 with the standards and regulations prescribed by the Secretary of Trans24 portation. 

25 (c) AUTHORITY OF SECRETARY.— 

26 (1) IN GENERAL.—To carry out this section, the Secretary may— 

27 (A) acquire necessary land and interests in or over land; 

28 (B) contract for the construction, improvement, operation, and 

29 maintenance of airports and incidental facilities; 

30 (C) enter into agreements with other public agencies providing for 

31 the construction, operation, or maintenance of airports by those 

32 agencies or jointly by the Secretary and those agencies on mutually 

33 satisfactory terms; and 


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1 (D) enter into other agreements and take other action with re2 spect to the airports as may be necessary to carry out this section. 

3 (2) CONSENT REQUIRED.—This section does not authorize the Sec4 retary to acquire any land, or interest in or over land, by purchase, con5 demnation, grant, or lease, without first obtaining the consent of the 

6 Governor of the State, and the consent of the chief executive official of 

7 the State political subdivision, in which the land is located. 

8 (d) AUTHORIZATION TO SPONSOR AIRPORT PROJECTS.—To carry out this 

9 section, the Secretary may— 

10 (1) sponsor projects under subchapter I of chapter 471 of title 49 inde11 pendently or jointly with other public agencies; and 

12 (2) use, for payment of the sponsor’s share of the project costs of those 

13 projects, any funds that may be— 

14 (A) contributed or otherwise made available to the Secretary for 

15 those purposes; or 

16 (B) appropriated or otherwise specifically authorized for that 

17 purpose. 

18 (e) JURISDICTION OVER AIRPORTS.—All airports under the jurisdiction of 

19 the Secretary, unless otherwise specifically provided by law, shall be operated 

20 as public airports, available for public use on fair and reasonable terms and 

21 without unjust discrimination. 

22 Subchapter II—Roads and Trails 

23 § 101511. Authority of Secretary 

24 (a) ROADS AND TRAILS IN SYSTEM UNITS.—The Secretary may construct, 

25 reconstruct, and improve roads and trails, including bridges, in System units. 

26 (b) APPROACH ROADS.— 

27 (1) IN GENERAL.— 

28 (A) DESIGNATION.—When the Secretary determines it to be in the 

29 public interest, the Secretary may designate, as System unit ap30 proach roads, roads whose primary value is to carry System unit 

31 travel and that lead across land at least 90 percent owned by the 

32 Federal Government and that will connect the highways within a 

33 System unit with a convenient point on or leading to the National 

34 Highway System. 

35 (B) LIMIT ON LENGTH OF APPROACH ROADS.— 

36 (i) IN GENERAL.—A designated approach road shall not ex37 ceed— 

38 (I) 60 miles in length between a System unit gateway 

39 and a point on or leading to the nearest convenient Na40 tional Highway System road; or 


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1 (II) 30 miles in length if the approach road is on the 

2 National Highway System. 

3 (ii) COUNTY LIMIT.—Not to exceed 40 miles of any one ap4 proach road shall be designated in any one county. 

5 (C) SUPPLEMENTARY PART OF SYSTEM UNIT HIGHWAY SYSTEM.— 

6 An approach road designated for a System unit shall be treated as 

7 a supplementary part of the highway system of the System unit. 

8 (2) CONSTRUCTION, RECONSTRUCTION, AND IMPROVEMENT.— 

9 (A) IN GENERAL.—The Secretary may construct, reconstruct, and 

10 improve approach roads designated under paragraph (1) (including 

11 bridges) and enter into agreements for the maintenance of the ap12 proach roads by State or county authorities or to maintain the ap13 proach roads when otherwise necessary. 

14 (B) ANNUAL ALLOCATION.—Not more than $1,500,000 shall be al15 located annually for the construction, reconstruction, and improve16 ment of System unit approach roads. 

17 (3) APPROVAL OF SECRETARY OF AGRICULTURE REQUIRED.—When an 

18 approach road is proposed under this section across or within any na19 tional forest, the Secretary shall secure the approval of the Secretary of 

20 Agriculture before construction begins. 

21 (c) AGREEMENT WITH SECRETARY OF TRANSPORTATION.—Under agree22 ment with the Secretary, the Secretary of Transportation may carry out any 

23 provision of this section. 

24 § 101512. Conveyance to States of roads leading to certain 

25 historical areas 

26 (a) DEFINITION.—In this section, the term ‘‘State’’ means a State, Puerto 

27 Rico, Guam, and the Virgin Islands. 

28 (b) AUTHORITY OF SECRETARY.—The Secretary may, subject to conditions 

29 as seem proper to the Secretary, convey by proper quitclaim deed to any 

30 State, county, municipality, or agency of a State, county, or municipality 

31 in which the road is located, all right, title, and interest of the United States 

32 in and to any Federal Government owned or controlled road leading to any 

33 national cemetery, national military park, national historical park, national 

34 battlefield park, or national historic site administered by the Service. 

35 (c) NOTIFICATION BY STATE, AGENCY, OR MUNICIPALITY.—Prior to the de36 livery of any conveyance of a road under this section, the State, county, or 

37 municipality to which the conveyance is to be made shall notify the Secretary 

38 in writing of its willingness to accept and maintain the road. 

39 (d) TRANSFER OF JURISDICTION.—On the execution and delivery of the 

40 conveyance of a road under this section, any jurisdiction previously ceded to 


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1 the United States by a State over the road is retroceded and shall vest in 

2 the State in which the road is located. 

3 Subchapter III—Public Transportation 

4 Programs for System Units 

5 § 101521. Transportation service and facility programs 

6 (a) FORMULATION OF PLANS AND IMPLEMENTATION OF PROJECTS.—The 

7 Secretary may formulate transportation plans and implement transportation 

8 projects where feasible pursuant to those plans for System units. 

9 (b) CONTRACTS, OPERATIONS, AND ACQUISITIONS FOR IMPROVEMENT OF

10 ACCESS TO SYSTEM UNITS.— 

11 (1) AUTHORITY OF SECRETARY.—To carry out subsection (a), the Sec12 retary may— 

13 (A) contract with public or private agencies or carriers to provide 

14 transportation services, capital equipment, or facilities to improve 

15 access to System units; 

16 (B) operate those services directly in the absence of suitable and 

17 adequate agencies or carriers; 

18 (C) acquire, by purchase, lease, or agreement, capital equipment 

19 for those services; and 

20 (D) where necessary to carry out this subchapter, acquire, by 

21 lease, purchase, donation, exchange, or transfer, land, water, or an 

22 interest in land or water that is situated outside the boundary of 

23 a System unit. 

24 (2) SPECIFIC PROVISIONS RELATED TO PROPERTY ACQUISITION.— 

25 (A) ADMINISTRATION.—The acquired property shall be adminis26 tered as part of the System unit. 

27 (B) ACQUISTION OF LAND OR INTERESTS IN LAND OWNED BY

28 STATE OR POLITICAL SUBDIVISION.—Any land or interests in land 

29 owned by a State or any of its political subdivisions may be ac30 quired only by donation. 

31 (C) ACQUISITION SUBJECT TO STATUTORY LIMITATIONS.—Any 

32 land acquisition shall be subject to any statutory limitations on 

33 methods of acquisition and appropriations as may be specifically 

34 applicable to the area. 

35 (c) ESTABLISHMENT OF INFORMATION PROGRAMS.—The Secretary shall es36 tablish information programs to inform the public of available System unit 

37 access opportunities and to promote the use of transportation modes other 

38 than personal motor vehicles for access to and travel within the System units. 

39 (d) UNDERTAKING TRANSPORTATION FACILITIES AND SERVICES.—Trans40 portation facilities and services provided pursuant to this subchapter may be 

41 undertaken by the Secretary directly or by contract without regard to any 


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1 requirement of Federal, State, or local law respecting determinations of public 

2 convenience and necessity or other similar matters. The Secretary or con3 tractor shall consult with the appropriate State or local public service com4 mission or other body having authority to issue certificates of convenience and 

5 necessity. A contractor shall be subject to applicable requirements of that body 

6 unless the Secretary determines that the requirements would not be consistent 

7 with the purposes and provisions of this subchapter. 

8 (e) CONSTRUCTION OF GRANT OF AUTHORITY RESPECTING OPERATION OF

9 MOTOR VEHICLES EXCEPTED FROM STATUTORY COVERAGE.—No grant of 

10 authority in this subchapter shall be deemed to expand the exemption of sec11 tion 13506(a)(9) of title 49. 

12 § 101522. Transportation projects 

13 (a) ASSISTANCE OF HEADS OF OTHER FEDERAL DEPARTMENTS AND

14 AGENCIES IN FORMULATION AND IMPLEMENTATION.—To carry out this sub15 chapter, the Secretary of Transportation, the Secretary of Housing and Urban 

16 Development, the Secretary of Health and Human Services, the Secretary of 

17 Commerce, and the heads of other Federal departments or agencies that the 

18 Secretary considers necessary shall assist the Secretary in the formulation 

19 and implementation of transportation projects. 

20 (b) COMPILATION OF STATUTES AND PROGRAMS.—The Secretary shall 

21 maintain a compilation of Federal statutes and programs providing author22 ity for the planning, funding, or operation of transportation projects that 

23 might be utilized by the Secretary to carry out this subchapter. 

24 § 101523. Procedures applicable to transportation plans and 

25 projects 

26 (a) DURING FORMULATION OF PLAN.—The Secretary shall, during the for27 mulation of any transportation plan authorized pursuant to section 101521 

28 of this title— 

29 (1) give public notice of intention to formulate the plan by publication 

30 in the Federal Register and in a newspaper or periodical having general 

31 circulation in the vicinity of the affected System unit; and 

32 (2) following the notice, hold a public meeting at a location convenient 

33 to the affected System unit. 

34 (b) PRIOR TO IMPLEMENTATION OF PROJECT.—Prior to the implementa35 tion of any project developed pursuant to the transportation plan formulated 

36 pursuant to subsection (a), the Secretary shall— 

37 (1) establish procedures, including public meetings, to give State and 

38 local governments and the public adequate notice and an opportunity to 

39 comment on the proposed transportation project; and 

40 (2) when the proposed project would involve an expenditure in excess 

41 of $100,000 in any fiscal year, submit a detailed report to the Committee 


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1 on Energy and Natural Resources of the Senate and the Committee on 

2 Natural Resources of the House of Representatives. 

3 (c) WAITING PERIOD.—When a report on a project is required under sub4 section (b)(2), the Secretary may proceed with the implementation of the 

5 project only after 60 days (not counting days on which the Senate or House 

6 of Representatives has adjourned for more than 3 consecutive days) have 

7 elapsed following submission of the report. 

8 § 101524. Special rule for service contract to provide trans9 portation services 

10 Notwithstanding any other provision of law, a service contract entered into 

11 by the Secretary for the provision solely of transportation services in a Sys12 tem unit shall be not more than 10 years in length, including a base period 

13 of 5 years and annual extensions for up to an additional 5 years based on 

14 satisfactory performance and approval by the Secretary. 

15 Subchapter IV—Fees 

16 § 101531. Fee for use of transportation services 

17 Notwithstanding any other provision of law, where the Service or an entity 

18 under a service contract, cooperative agreement, or other contractual agree19 ment with the Service provides transportation to all or a portion of any Sys20 tem unit, the Secretary may impose a reasonable and appropriate charge to 

21 the public for the use of the transportation services in addition to any admis22 sion fee required to be paid. Collection of the transportation and admission 

23 fees may occur at the transportation staging area or any other reasonably 

24 convenient location determined by the Secretary. The Secretary may enter 

25 into agreements, with public or private entities that qualify to the Secretary’s 

26 satisfaction, to collect the transportation and admission fee. Transportation 

27 fees collected pursuant to this section shall be retained by the System unit 

28 at which the transportation fee was collected, and the amount retained shall 

29 be expended only for costs associated with the transportation systems at the 

30 System unit where the charge was imposed. 

31 Chapter 1017—Financial Agreements 

Sec. 

101701. Challenge cost-share agreement authority. 

101702. Cooperative agreements. 

101703. Cooperative management agreements. 

101704. Reimbursable agreements. 

32 § 101701. Challenge cost-share agreement authority 

33 (a) DEFINITIONS.—In this section: 

34 (1) CHALLENGE COST-SHARE AGREEMENT.—The term ‘‘challenge cost35 share agreement’’ means any agreement entered into between the Sec36 retary and any cooperator for the purpose of sharing costs or services 

37 in carrying out authorized functions and responsibilities of the Secretary 


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1 with respect to any System unit or System program, any affiliated area, 

2 or any designated national scenic trail or national historic trail. 

3 (2) COOPERATOR.—The term ‘‘cooperator’’ means any State or local 

4 government, public or private agency, organization, institution, corpora5 tion, individual, or other entity. 

6 (b) AUTHORITY TO ENTER INTO CHALLENGE COST-SHARE AGREE7 MENTS.—The Secretary may negotiate and enter into challenge cost-share 

8 agreements with cooperators. 

9 (c) SOURCE OF FEDERAL SHARE.—In carrying out challenge cost-share 

10 agreements, the Secretary may provide the Federal funding share from any 

11 funds available to the Service. 

12 § 101702. Cooperative agreements 

13 (a) TRANSFER OF SERVICE APPROPRIATED FUNDS.—A cooperative agree14 ment entered into by the Secretary that involves the transfer of Service appro15 priated funds to a State, local, or tribal government or other public entity, 

16 an educational institution, or a private nonprofit organization to carry out 

17 public purposes of a Service program is a cooperative agreement properly en18 tered into under section 6305 of title 31. 

19 (b) COOPERATIVE RESEARCH AND TRAINING PROGRAMS.— 

20 (1) IN GENERAL.—To facilitate the administration of the System, the 

21 Secretary, under such terms and conditions as the Secretary may con22 sider advisable, may— 

23 (A) enter into cooperative agreements with public or private edu24 cational institutions, States, and political subdivisions of States to 

25 develop adequate, coordinated, cooperative research and training 

26 programs concerning the resources of the System; and 

27 (B) pursuant to an agreement, accept from and make available 

28 to the cooperator technical and support staff, financial assistance 

29 for mutually agreed upon research projects, supplies and equipment, 

30 facilities, and administrative services relating to cooperative re31 search units that the Secretary considers appropriate. 

32 (2) EFFECT OF SUBSECTION.—This subsection does not waive any re33 quirements for research projects that are subject to Federal procurement 

34 regulations. 

35 (c) SALE OF PRODUCTS AND SERVICES PRODUCED IN THE CONDUCT OF

36 LIVING EXHIBITS AND INTERPRETIVE DEMONSTRATIONS.—To facilitate the 

37 administration of the System, the Secretary, under such terms and conditions 

38 as the Secretary considers advisable, may— 

39 (1) sell at fair market value, without regard to the requirements of 

40 chapters 1 to 11 of title 40 and division C (except sections 3302, 3307(e), 

41 3501(b), 3509, 3906, 4710, and 4711) of subtitle I of title 41, products 


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1 and services produced in the conduct of living exhibits and interpretive 

2 demonstrations in System units; 

3 (2) enter into contracts, including cooperative arrangements, with re4 spect to living exhibits and interpretive demonstrations in System units; 

5 and 

6 (3) credit the proceeds from those sales and contracts to the appropria7 tion bearing the cost of the exhibits and demonstrations. 

8 (d) COOPERATIVE AGREEMENTS FOR SYSTEM UNIT NATURAL RESOURCE

9 PROTECTION.— 

10 (1) IN GENERAL.—The Secretary may enter into cooperative agree11 ments with State, local, or tribal governments, other Federal agencies, 

12 other public entities, educational institutions, private nonprofit organi13 zations, or participating private landowners for the purpose of protecting 

14 natural resources of System units through collaborative efforts on land 

15 inside and outside the System units. 

16 (2) TERMS AND CONDITIONS.—A cooperative agreement entered into 

17 under paragraph (1) shall provide clear and direct benefits to System 

18 unit natural resources and— 

19 (A) provide for— 

20 (i) the preservation, conservation, and restoration of coastal 

21 and riparian systems, watersheds, and wetlands; 

22 (ii) preventing, controlling, or eradicating invasive exotic 

23 species that are within a System unit or adjacent to a System 

24 unit; or 

25 (iii) restoration of natural resources, including native wild26 life habitat or ecosystems; 

27 (B) include a statement of purpose demonstrating how the agree28 ment will— 

29 (i) enhance science-based natural resource stewardship at the 

30 System unit; and 

31 (ii) benefit the parties to the agreement; 

32 (C) specify any staff required and technical assistance to be pro33 vided by the Secretary or other parties to the agreement in support 

34 of activities inside and outside the System unit that will— 

35 (i) protect natural resources of the System unit; and 

36 (ii) benefit the parties to the agreement; 

37 (D) identify any materials, supplies, or equipment and any other 

38 resources that will be contributed by the parties to the agreement 

39 or by other Federal agencies; 

40 (E) describe any financial assistance to be provided by the Sec41 retary or the partners to implement the agreement; 


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1 (F) ensure that any expenditure by the Secretary pursuant to the 

2 agreement is determined by the Secretary to support the purposes 

3 of natural resource stewardship at a System unit; and 

4 (G) include such other terms and conditions as are agreed to by 

5 the Secretary and the other parties to the agreement. 

6 (3) LIMITATIONS.—The Secretary shall not use any funds associated 

7 with an agreement entered into under paragraph (1) for the purposes of 

8 land acquisition, regulatory activity, or the development, maintenance, 

9 or operation of infrastructure, except for ancillary support facilities that 

10 the Secretary determines to be necessary for the completion of projects 

11 or activities identified in the agreement. 

12 § 101703. Cooperative management agreements 

13 (a) IN GENERAL.—To facilitate the administration of the System, the Sec14 retary, under such terms and conditions as the Secretary considers advisable, 

15 may enter into an agreement with a State or local government agency to pro16 vide for the cooperative management of the Federal and State or local park 

17 areas where a System unit is located adjacent to or near a State or local park 

18 area, and cooperative management between the Service and a State or local 

19 government agency of a portion of either the System unit or State or local 

20 park will allow for more effective and efficient management of the System 

21 unit and State or local park. The Secretary may not transfer administration 

22 responsibilities for any System unit under this paragraph. 

23 (b) PROVISION OF GOODS AND SERVICES.—Under a cooperative manage24 ment agreement, the Secretary may acquire from and provide to a State or 

25 local government agency goods and services to be used by the Secretary and 

26 the State or local governmental agency in the cooperative management of 

27 land. 

28 (c) ASSIGNMENT OF EMPLOYEE.—An assignment arranged by the Secretary 

29 under section 3372 of title 5 of a Federal, State, or local employee for work 

30 on any Federal, State, or local land or an extension of the assignment may 

31 be for any period of time determined by the Secretary and the State or local 

32 agency to be mutually beneficial. 

33 § 101704. Reimbursable agreements 

34 (a) IN GENERAL.—In carrying out work under reimbursable agreements 

35 with any State, local, or tribal government, the Secretary, without regard to 

36 any provision of law or a regulation— 

37 (1) may record obligations against accounts receivable from those gov38 ernments; and 

39 (2) shall credit amounts received from those governments to the appro40 priate account. 


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1 (b) WHEN AMOUNTS SHALL BE CREDITED.—Amounts shall be credited 

2 within 90 days of the date of the original request by the Service for payment. 

3 Chapter 1019—Concessions and 

4 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. 

5 Subchapter I—Authority of Secretary 

6 § 101901. Utility services. 

7 To facilitate the administration of the System, the Secretary, under such 

8 terms and conditions as the Secretary considers advisable, may furnish, on 

9 a reimbursement of appropriation basis, all types of utility services to conces10 sioners, contractors, permittees, or other users of the services, within the Sys11 tem. The reimbursements for cost of the services may be credited to the appro12 priation current at the time reimbursements are received. 

13 Subchapter II—Commercial Visitor 

14 Services 

15 § 101911. Definitions 

16 In this subchapter: 

17 (1) ADVISORY BOARD.—The term ‘‘Advisory Board’’ means the Na18 tional Park Service Concessions Management Advisory Board established 

19 under section 101919 of this title. 

20 (2) PREFERENTIAL RIGHT OF RENEWAL.—The term ‘‘preferential right 

21 of renewal’’ means the right of a concessioner, subject to a determination 

22 by the Secretary that the facilities or services authorized by a prior con23 tract continue to be necessary and appropriate within the meaning of 

24 section 101912 of this title, to match the terms and conditions of any 

25 competing proposal that the Secretary determines to be the best proposal 

26 for a proposed new concession contract that authorizes the continuation 

27 of the facilities and services provided by the concessioner under its prior 

28 contract. 


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1 § 101912. Findings and declaration of policy 

2 (a) FINDINGS.—In furtherance of section 100101(a), Congress finds that the 

3 preservation and conservation of System unit resources and values requires 

4 that public accommodations, facilities, and services that have to be provided 

5 within those System units should be provided only under carefully controlled 

6 safeguards against unregulated and indiscriminate use, so that— 

7 (1) visitation will not unduly impair those resources and values; and 

8 (2) development of public accommodations, facilities, and services 

9 within System units can best be limited to locations that are consistent 

10 to the highest practicable degree with the preservation and conservation 

11 of the resources and values of the System units. 

12 (b) DECLARATION OF POLICY.—It is the policy of Congress that the develop13 ment of public accommodations, facilities, and services in System units shall 

14 be limited to accommodations, facilities, and services that— 

15 (1) are necessary and appropriate for public use and enjoyment of the 

16 System unit in which they are located; and 

17 (2) are consistent to the highest practicable degree with the preserva18 tion and conservation of the resources and values of the System unit. 

19 § 101913. Award of concession contracts 

20 In furtherance of the findings and policy stated in section 101912 of this 

21 title, and except as provided by this subchapter or otherwise authorized by 

22 law, the Secretary shall utilize concession contracts to authorize a person, cor23 poration, or other entity to provide accommodations, facilities, and services 

24 to visitors to System units. Concession contracts shall be awarded as follows: 

25 (1) COMPETITIVE SELECTION PROCESS.—Except as otherwise provided 

26 in this section, all proposed concession contracts shall be awarded by the 

27 Secretary to the person, corporation, or other entity submitting the best 

28 proposal, as determined by the Secretary through a competitive selection 

29 process. The competitive process shall include simplified procedures for 

30 small, individually-owned entities seeking award of a concession con31 tract. 

32 (2) SOLICITATION OF PROPOSALS.—Except as otherwise provided in 

33 this section, prior to awarding a new concession contract (including re34 newals or extensions of existing concession contracts) the Secretary— 

35 (A) shall publicly solicit proposals for the concession contract; 

36 and 

37 (B) in connection with the solicitation, shall— 

38 (i) prepare a prospectus and publish notice of its avail39 ability at least once in local or national newspapers or trade 

40 publications, by electronic means, or both, as appropriate; and 


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1 (ii) make the prospectus available on request to all interested 

2 persons. 

3 (3) INFORMATION TO BE INCLUDED IN PROSPECTUS.—The prospectus 

4 shall include the following information: 

5 (A) The minimum requirements for the contract as set forth in 

6 paragraph (4). 

7 (B) The terms and conditions of any existing concession contract 

8 relating to the services and facilities to be provided, including all 

9 fees and other forms of compensation provided to the United States 

10 by the concessioner. 

11 (C) Other authorized facilities or services that may be provided 

12 in a proposal. 

13 (D) Facilities and services to be provided by the Secretary to the 

14 concessioner, including public access, utilities, and buildings. 

15 (E) An estimate of the amount of compensation due an existing 

16 concessioner from a new concessioner under the terms of a prior 

17 concession contract. 

18 (F) A statement as to the weight to be given to each selection fac19 tor identified in the prospectus and the relative importance of those 

20 factors in the selection process. 

21 (G) Other information related to the proposed concession oper22 ation that is provided to the Secretary pursuant to a concession 

23 contract or is otherwise available to the Secretary, as the Secretary 

24 determines is necessary to allow for the submission of competitive 

25 proposals. 

26 (H) Where applicable, a description of a preferential right to the 

27 renewal of the proposed concession contract held by an existing con28 cessioner as set forth in paragraph (7). 

29 (4) CONSIDERATION OF PROPOSALS.— 

30 (A) MINIMUM REQUIREMENTS.—No proposal shall be considered 

31 that fails to meet the minimum requirements as determined by the 

32 Secretary. The minimum requirements shall include the following: 

33 (i) The minimum acceptable franchise fee or other forms of 

34 consideration to the Federal Government. 

35 (ii) Any facilities, services, or capital investment required to 

36 be provided by the concessioner. 

37 (iii) Measures necessary to ensure the protection, conserva38 tion, and preservation of resources of the System unit. 

39 (B) REJECTION OF PROPOSAL.—The Secretary shall reject any 

40 proposal, regardless of the franchise fee offered, if the Secretary de41 termines that— 


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1 (i) the person, corporation, or entity is not qualified or is 

2 not likely to provide satisfactory service; or 

3 (ii) the proposal is not responsive to the objectives of pro4 tecting and preserving resources of the System unit and of pro5 viding necessary and appropriate facilities and services to the 

6 public at reasonable rates. 

7 (C) ALL PROPOSALS FAIL TO MEET MIMIMUM REQUIREMENTS OR

8 ARE REJECTED.—If all proposals submitted to the Secretary fail to 

9 meet the minimum requirements or are rejected by the Secretary, 

10 the Secretary shall establish new minimum contract requirements 

11 and re-initiate the competitive selection process pursuant to this sec12 tion. 

13 (D) TERMS AND CONDITIONS MATERIALLY AMENDED OR NOT IN14 CORPORATED IN CONTRACT.—The Secretary may not execute a con15 cession contract that materially amends or does not incorporate the 

16 proposed terms and conditions of the concession contract as set forth 

17 in the applicable prospectus. If proposed material amendments or 

18 changes are considered appropriate by the Secretary, the Secretary 

19 shall resolicit offers for the concession contract incorporating the 

20 material amendments or changes. 

21 (5) SELECTION OF THE BEST PROPOSAL.— 

22 (A) FACTORS IN SELECTION.—In selecting the best proposal, the 

23 Secretary shall consider the following principal factors: 

24 (i) The responsiveness of the proposal to the objectives of pro25 tecting, conserving, and preserving resources of the System unit 

26 and of providing necessary and appropriate facilities and serv27 ices to the public at reasonable rates. 

28 (ii) The experience and related background of the person, 

29 corporation, or entity submitting the proposal, including the 

30 past performance and expertise of the person, corporation or 

31 entity in providing the same or similar facilities or services. 

32 (iii) The financial capability of the person, corporation, or 

33 entity submitting the proposal. 

34 (iv) The proposed franchise fee, except that consideration of 

35 revenue to the United States shall be subordinate to the objec36 tives of protecting, conserving, and preserving resources of the 

37 System unit and of providing necessary and appropriate fa38 cilities to the public at reasonable rates. 

39 (B) SECONDARY FACTORS.—The Secretary may also consider 

40 such secondary factors as the Secretary considers appropriate. 


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1 (C) DEVELOPMENT OF REGULATIONS.—In developing regulations 

2 to implement this subchapter, the Secretary shall consider the extent 

3 to which plans for employment of Indians (including Native Alas4 kans) and involvement of businesses owned by Indians, Indian 

5 tribes, or Native Alaskans in the operation of a concession contract 

6 should be identified as a factor in the selection of a best proposal 

7 under this section. 

8 (6) CONGRESSIONAL NOTIFICATION.— 

9 (A) IN GENERAL.—The Secretary shall submit any proposed con10 cession contract with anticipated annual gross receipts in excess of 

11 $5,000,000 or a duration of more than 10 years to the Committee 

12 on Natural Resources of the House of Representatives and the Com13 mittee on Energy and Natural Resources of the Senate. 

14 (B) WAITING PERIOD.—The Secretary shall not award any pro15 posed concession contract to which subparagraph (A) applies until 

16 at least 60 days subsequent to the notification of both Committees. 

17 (7) PREFERENTIAL RIGHT OF RENEWAL.— 

18 (A) IN GENERAL.—Except as provided in subparagraph (B), the 

19 Secretary shall not grant a concessioner a preferential right to 

20 renew a concession contract, or any other form of preference to a 

21 concession contract. 

22 (B) EXCEPTION.—The Secretary shall grant a preferential right 

23 of renewal to an existing concessioner with respect to proposed re24 newals of the categories of concession contracts described by para25 graph (8), subject to the requirements of that paragraph. 

26 (C) ENTITLEMENT TO AWARD OF NEW CONTRACT.—A concessioner 

27 that successfully exercises a preferential right of renewal in accord28 ance with the requirements of this subchapter shall be entitled to 

29 award of the proposed new concession contract to which the pref30 erence applies. 

31 (8) OUTFITTER AND GUIDE SERVICES AND SMALL CONTRACTS.— 

32 (A) APPLICATION.—Paragraph (7) shall apply only to the fol33 lowing: 

34 (i) Subject to subparagraph (B), concession contracts that 

35 solely authorize the provision of specialized backcountry out36 door recreation guide services that require the employment of 

37 specially trained and experienced guides to accompany System 

38 unit visitors in the backcountry so as to provide a safe and en39 joyable experience for visitors who otherwise may not have the 

40 skills and equipment to engage in that activity. 


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1 (ii) Subject to subparagraph (C), concession contracts with 

2 anticipated annual gross receipts under $500,000. 

3 (B) OUTFITTING AND GUIDE CONCESSIONERS.— 

4 (i) DESCRIPTION.—Outfitting and guide concessioners, 

5 where otherwise qualified, include concessioners that provide 

6 guided river running, hunting, fishing, horseback, camping, 

7 and mountaineering experiences. 

8 (ii) WHEN ENTITLED TO PREFERENTIAL RIGHT.—An outfit9 ting and guide concessioner is entitled to a preferential right 

10 of renewal under this subchapter only if— 

11 (I) the contract with the outfitting and guide conces12 sioner does not grant the concessioner any interest, includ13 ing any leasehold surrender interest or possessory interest, 

14 in capital improvements on land owned by the United 

15 States within a System unit, other than a capital im16 provement constructed by a concessioner pursuant to the 

17 terms of a concession contract prior to November 13, 1998, 

18 or constructed or owned by a concessioner or the conces19 sioner’s predecessor before the subject land was incor20 porated into the System; 

21 (II) the Secretary determines that the concessioner has 

22 operated satisfactorily during the term of the contract (in23 cluding any extension); and 

24 (III) the concessioner has submitted a responsive pro25 posal for a proposed new concession contract that satisfies 

26 the minimum requirements established by the Secretary 

27 pursuant to paragraph (4). 

28 (C) CONTRACT WITH ESTIMATED GROSS RECEIPTS OF LESS THAN

29 $500,000.—A concessioner that holds a concession contract that the 

30 Secretary estimates will result in gross annual receipts of less than 

31 $500,000 if renewed shall be entitled to a preferential right of re32 newal under this subchapter if— 

33 (i) the Secretary has determined that the concessioner has 

34 operated satisfactorily during the term of the contract (includ35 ing any extension); and 

36 (ii) the concessioner has submitted a responsive proposal for 

37 a proposed new concession contract that satisfies the minimum 

38 requirements established by the Secretary pursuant to para39 graph (4). 


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1 (9) NEW OR ADDITIONAL SERVICES.—The Secretary shall not grant a 

2 preferential right to a concessioner to provide new or additional services 

3 in a System unit. 

4 (10) AUTHORITY OF SECRETARY NOT LIMITED.—Nothing in this sub5 chapter shall be construed as limiting the authority of the Secretary to 

6 determine whether to issue a concession contract or to establish its terms 

7 and conditions in furtherance of the policies expressed in this subchapter. 

8 (11) EXCEPTIONS.—Notwithstanding this section, the Secretary may 

9 award, without public solicitation, the following: 

10 (A) TEMPORARY CONTRACT.—To avoid interruption of services to 

11 the public at a System unit, the Secretary may award a temporary 

12 concession contract or an extension of an existing concessions con13 tract for a term not to exceed 3 years, except that prior to making 

14 the award, the Secretary shall take all reasonable and appropriate 

15 steps to consider alternatives to avoid the interruption. 

16 (B) CONTRACT IN EXTRAORDINARY CIRCUMSTANCES.—The Sec17 retary may award a concession contract in extraordinary cir18 cumstances where compelling and equitable considerations require 

19 the award of a concession contract to a particular party in the pub20 lic interest. Award of a concession contract under this subparagraph 

21 shall not be made by the Secretary until at least 30 days after— 

22 (i) publication in the Federal Register of notice of the Sec23 retary’s intention to award the contract and the reasons for the 

24 action; and 

25 (ii) submission of notice to the Committee on Energy and 

26 Natural Resources of the Senate and the Committee on Natural 

27 Resources of the House of Representatives. 

28 § 101914. Term of concession contracts 

29 A concession contract entered into pursuant to this subchapter shall gen30 erally be awarded for a term of 10 years or less. The Secretary may award 

31 a contract for a term of up to 20 years if the Secretary determines that the 

32 contract terms and conditions, including the required construction of capital 

33 improvements, warrant a longer term. 

34 § 101915. Protection of concessioner investment 

35 (a) DEFINITIONS.—In this section: 

36 (1) CAPITAL IMPROVEMENT.—The term ‘‘capital improvement’’ means 

37 a structure, a fixture, or nonremovable equipment provided by a conces38 sioner pursuant to the terms of a concession contract and located on land 

39 of the United States within a System unit. 

40 (2) CONSUMER PRICE INDEX.—The term ‘‘Consumer Price Index’’ 

41 means— 


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1 (A) the ‘‘Consumer Price Index—All Urban Consumers’’ pub2 lished by the Bureau of Labor Statistics of the Department of 

3 Labor; or 

4 (B) if the Index is not published, another regularly published 

5 cost-of-living index approximating the Consumer Price Index. 

6 (b) LEASEHOLD SURRENDER INTEREST IN CAPITAL IMPROVEMENTS.—A 

7 concessioner that constructs a capital improvement on land owned by the 

8 United States within a System unit pursuant to a concession contract shall 

9 have a leasehold surrender interest in the capital improvement subject to the 

10 following terms and conditions: 

11 (1) IN GENERAL.—A concessioner shall have a leasehold surrender in12 terest in each capital improvement constructed by a concessioner under 

13 a concession contract, consisting solely of a right to compensation for the 

14 capital improvement to the extent of the value of the concessioner’s lease15 hold surrender interest in the capital improvement. 

16 (2) PLEDGE AS SECURITY.—A leasehold surrender interest may be 

17 pledged as security for financing of a capital improvement or the acqui18 sition of a concession contract when approved by the Secretary pursuant 

19 to this subchapter. 

20 (3) TRANSFER AND RELINQUISHMENT OR WAIVER OF INTEREST.—A 

21 leasehold surrender interest shall be transferred by the concessioner in 

22 connection with any transfer of the concession contract and may be re23 linquished or waived by the concessioner. 

24 (4) LIMIT ON EXTINGUISHING OR TAKING INTEREST.—A leasehold sur25 render interest shall not be extinguished by the expiration or other termi26 nation of a concession contract and may not be taken for public use ex27 cept on payment of just compensation. 

28 (5) VALUE OF INTEREST.—The value of a leasehold surrender interest 

29 in a capital improvement shall be an amount equal to the initial value 

30 (construction cost of the capital improvement), increased (or decreased) 

31 by the same percentage increase (or decrease) as the percentage increase 

32 (or decrease) in the Consumer Price Index, from the date of making the 

33 investment in the capital improvement by the concessioner to the date 

34 of payment of the value of the leasehold surrender interest, less deprecia35 tion of the capital improvement as evidenced by the condition and pro36 spective serviceability in comparison with a new unit of like kind. 

37 (6) VALUE OF INTEREST IN CERTAIN NEW CONCESSION CONTRACTS.— 

38 (A) HOW VALUE IS DETERMINED.—The Secretary may provide, 

39 in any new concession contract that the Secretary estimates will 

40 have a leasehold surrender interest of more than $10,000,000, that 


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1 the value of any leasehold surrender interest in a capital improve2 ment shall be based on— 

3 (i) a reduction on an annual basis, in equal portions, over 

4 the same number of years as the time period associated with 

5 the straight line depreciation of the initial value (construction 

6 cost of the capital improvement), as provided by applicable 

7 Federal income tax laws and regulations in effect on November 

8 12, 1998; or 

9 (ii) an alternative formula that is consistent with the objec10 tives of this subchapter. 

11 (B) WHEN ALTERNATIVE FORMULA MAY BE USED.—The Sec12 retary may use an alternative formula under subparagraph (A)(ii) 

13 only if the Secretary determines, after scrutiny of the financial and 

14 other circumstances involved in the particular concession contract 

15 (including providing notice in the Federal Register and opportunity 

16 for comment), that the alternative formula is, compared to the 

17 standard method of determining value provided for in paragraph 

18 (5), necessary to provide a fair return to the Federal Government 

19 and to foster competition for the new contract by providing a rea20 sonable opportunity to make a profit under the new contract. If no 

21 responsive offers are received in response to a solicitation that in22 cludes the alternative formula, the concession opportunity shall be 

23 resolicited with the leasehold surrender interest value as described 

24 in paragraph (5). 

25 (7) INCREASE IN VALUE OF INTEREST.—Where a concessioner, pursu26 ant to the terms of a concession contract, makes a capital improvement 

27 to an existing capital improvement in which the concessioner has a lease28 hold surrender interest, the cost of the additional capital improvement 

29 shall be added to the then-current value of the concessioner’s leasehold 

30 surrender interest. 

31 (c) SPECIAL RULE FOR POSSESSORY INTEREST EXISTING BEFORE NOVEM32 BER 13, 1998.— 

33 (1) IN GENERAL.—A concessioner that has obtained a possessory inter34 est (as defined pursuant to the Act of October 9, 1965 (known as the Na35 tional Park Service Concessions Policy Act; Public Law 89–249, 79 Stat. 

36 969), as in effect on November 12, 1998) under the terms of a concession 

37 contract entered into before November 13, 1998, shall, on the expiration 

38 or termination of the concession contract, be entitled to receive compensa39 tion for the possessory interest improvements in the amount and manner 

40 as described by the concession contract. Where that possessory interest is 

41 not described in the existing concession contract, compensation of 


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1 possessory interest shall be determined in accordance with the laws in 

2 effect on November 12, 1998. 

3 (2) EXISTING CONCESSIONER AWARDED A NEW CONTRACT.—A conces4 sioner awarded a new concession contract to replace an existing conces5 sion contract after November 13, 1998, instead of directly receiving the 

6 possessory interest compensation, shall have a leasehold surrender inter7 est in its existing possessory interest improvements under the terms of 

8 the new concession contract and shall carry over as the initial value of 

9 the leasehold surrender interest (instead of construction cost) an amount 

10 equal to the value of the existing possessory interest as of the termination 

11 date of the previous concession contract. In the event of a dispute between 

12 the concessioner and the Secretary as to the value of the possessory inter13 est, the matter shall be resolved through binding arbitration. 

14 (3) NEW CONCESSIONER AWARDED A CONTRACT.—A new concessioner 

15 awarded a concession contract and required to pay a prior concessioner 

16 for possessory interest in prior improvements shall have a leasehold sur17 render interest in the prior improvements. The initial value in the lease18 hold surrender interest (instead of construction cost) shall be an amount 

19 equal to the value of the existing possessory interest as of the termination 

20 date of the previous concession contract. 

21 (4) DE NOVO REVIEW OF VALUE DETERMINATION.—If the Secretary, 

22 or either party to a value determination proceeding conducted under a 

23 Service concession contract issued before November 13, 1998, considers 

24 that the value determination decision issued pursuant to the proceeding 

25 misinterprets or misapplies relevant contractual requirements or their 

26 underlying legal authority, the Secretary or either party may seek, with27 in 180 days after the date of the decision, de novo review of the value 

28 determination decision by the United States Court of Federal Claims. 

29 The Court of Federal Claims may make an order affirming, vacating, 

30 modifying or correcting the determination decision. 

31 (d) TRANSITION TO SUCCESSOR CONCESSIONER.—On expiration or termi32 nation of a concession contract entered into after November 13, 1998, a con33 cessioner shall be entitled under the terms of the concession contract to receive 

34 from the United States or a successor concessioner the value of any leasehold 

35 surrender interest in a capital improvement as of the date of the expiration 

36 or termination. A successor concessioner shall have a leasehold surrender in37 terest in the capital improvement under the terms of a new concession con38 tract and the initial value of the leasehold surrender interest in the capital 

39 improvement (instead of construction cost) shall be the amount of money the 

40 new concessioner is required to pay the prior concessioner for its leasehold 

41 surrender interest under the terms of the prior concession contract. 


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1 (e) TITLE TO IMPROVEMENTS.—Title to any capital improvement con2 structed by a concessioner on land owned by the United States in a System 

3 unit shall be vested in the United States. 

4 § 101916. Reasonableness of rates and charges 

5 (a) IN GENERAL.—A concession contract shall permit the concessioner to 

6 set reasonable and appropriate rates and charges for facilities, goods, and 

7 services provided to the public, subject to approval under subsection (b). 

8 (b) APPROVAL BY SECRETARY REQUIRED.— 

9 (1) FACTORS TO CONSIDER.—A concessioner’s rates and charges to the 

10 public shall be subject to approval by the Secretary. The approval process 

11 utilized by the Secretary shall be as prompt and as unburdensome to the 

12 concessioner as possible and shall rely on market forces to establish rea13 sonableness of rates and charges to the maximum extent practicable. The 

14 Secretary shall approve rates and charges that the Secretary determines 

15 to be reasonable and appropriate. Unless otherwise provided in the con16 cession contract, the reasonableness and appropriateness of rates and 

17 charges shall be determined primarily by comparison with those rates 

18 and charges for facilities, goods, and services of comparable character 

19 under similar conditions, with due consideration to the following factors 

20 and other factors deemed relevant by the Secretary: 

21 (A) Length of season. 

22 (B) Peakloads. 

23 (C) Average percentage of occupancy. 

24 (D) Accessibility. 

25 (E) Availability and costs of labor and materials. 

26 (F) Type of patronage. 

27 (2) RATES AND CHARGES NOT TO EXCEED MARKET RATES AND

28 CHARGES.—Rates and charges may not exceed the market rates and 

29 charges for comparable facilities, goods, and services, after taking into 

30 account the factors referred to in paragraph (1). 

31 (c) IMPLEMENTATION OF RECOMMENDATIONS.—Not later than 6 months 

32 after receiving recommendations from the Advisory Board regarding conces33 sioner rates and charges to the public, the Secretary shall implement the rec34 ommendations or report to Congress the reasons for not implementing the rec35 ommendations. 

36 § 101917. Franchise fees 

37 (a) IN GENERAL.—A concession contract shall provide for payment to the 

38 Federal Government of a franchise fee or other monetary consideration as de39 termined by the Secretary, on consideration of the probable value to the con40 cessioner of the privileges granted by the particular contract involved. Prob41 able value shall be based on a reasonable opportunity for net profit in relation 


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1 to capital invested and the obligations of the concession contract. Consider2 ation of revenue to the United States shall be subordinate to the objectives of 

3 protecting and preserving System units and of providing necessary and ap4 propriate services for visitors at reasonable rates. 

5 (b) PROVISIONS TO BE SPECIFIED IN CONTRACT.—The amount of the fran6 chise fee or other monetary consideration paid to the United States for the 

7 term of the concession contract shall be specified in the concession contract 

8 and may be modified only to reflect extraordinary unanticipated changes 

9 from the conditions anticipated as of the effective date of the concession con10 tract. The Secretary shall include in concession contracts with a term of more 

11 than 5 years a provision that allows reconsideration of the franchise fee at 

12 the request of the Secretary or the concessioner in the event of extraordinary 

13 unanticipated changes. The provision shall provide for binding arbitration in 

14 the event that the Secretary and the concessioner are unable to agree on an 

15 adjustment to the franchise fee in those circumstances. 

16 (c) SPECIAL ACCOUNT IN TREASURY.— 

17 (1) DEPOSIT AND AVAILABILITY.—All franchise fees (and other mone18 tary consideration) paid to the United States pursuant to concession 

19 contracts shall be deposited in a special account established in the Treas20 ury. Twenty percent of the funds deposited in the special account shall 

21 be available for expenditure by the Secretary, without further appropria22 tion, to support activities throughout the System regardless of the System 

23 unit in which the funds were collected. The funds deposited in the special 

24 account shall remain available until expended. 

25 (2) SUBACCOUNT FOR EACH SYSTEM UNIT.—There shall be established 

26 within the special account a subaccount for each System unit. Each sub27 account shall be credited with 80 percent of the franchise fees (and other 

28 monetary consideration) collected at a single System unit under conces29 sion contracts. The funds credited to the subaccount for a System unit 

30 shall be available for expenditure by the Secretary, without further ap31 propriation, for use at the System unit for visitor services and for pur32 poses of funding high-priority and urgently necessary resource manage33 ment programs and operations. The funds credited to a subaccount shall 

34 remain available until expended. 

35 § 101918. Transfer or conveyance of concession contracts or 

36 leasehold surrender interests 

37 (a) APPROVAL OF SECRETARY.—No concession contract or leasehold sur38 render interest may be transferred, assigned, sold, or otherwise conveyed or 

39 pledged by a concessioner without prior written notification to, and approval 

40 by, the Secretary. 


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1 (b) CONDITIONS.—The Secretary shall approve a transfer or conveyance de2 scribed in subsection (a) unless the Secretary finds that— 

3 (1) the individual, corporation, or other entity seeking to acquire a 

4 concession contract is not qualified or able to satisfy the terms and con5 ditions of the concession contract; 

6 (2) the transfer or conveyance would have an adverse impact on— 

7 (A) the protection, conservation, or preservation of the resources 

8 of the System unit; or 

9 (B) the provision of necessary and appropriate facilities and 

10 services to visitors at reasonable rates and charges; and 

11 (3) the terms of the transfer or conveyance are likely, directly or indi12 rectly, to— 

13 (A) reduce the concessioner’s opportunity for a reasonable profit 

14 over the remaining term of the concession contract; 

15 (B) adversely affect the quality of facilities and services provided 

16 by the concessioner; or 

17 (C) result in a need for increased rates and charges to the public 

18 to maintain the quality of the facilities and services. 

19 (c) MODIFICATION OR RENEGOTIATION OF TERMS.—The terms and condi20 tions of any concession contract under this section shall not be subject to 

21 modification or open to renegotiation by the Secretary because of a transfer 

22 or conveyance described in subsection (a) unless the transfer or conveyance 

23 would have an adverse impact as described in subsection (b)(2). 

24 § 101919. National Park Service Concessions Management 

25 Advisory Board 

26 (a) ESTABLISHMENT AND PURPOSE.—There is a National Park Service 

27 Concessions Management Advisory Board whose purpose shall be to advise the 

28 Secretary and Service on matters relating to management of concessions in 

29 the System. 

30 (b) DUTIES.— 

31 (1) ADVICE.—The Advisory Board shall advise on each of the fol32 lowing: 

33 (A) Policies and procedures intended to ensure that services and 

34 facilities provided by concessioners— 

35 (i) are necessary and appropriate; 

36 (ii) meet acceptable standards at reasonable rates with a 

37 minimum of impact on System unit resources and values; and 

38 (iii) provide the concessioners with a reasonable opportunity 

39 to make a profit. 


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1 (B) Ways to make Service concession programs and procedures 

2 more cost effective, more process efficient, less burdensome, and 

3 timelier. 

4 (2) RECOMMENDATIONS.—The Advisory Board shall make rec5 ommendations to the Secretary regarding each of the following: 

6 (A) The Service contracting with the private sector to conduct ap7 propriate elements of concession management. 

8 (B) Ways to make the review or approval of concessioner rates 

9 and charges to the public more efficient, less burdensome, and 

10 timelier. 

11 (C) The nature and scope of products that qualify as Indian, 

12 Alaska Native, and Native Hawaiian handicrafts within the mean13 ing of this subchapter. 

14 (D) The allocation of concession fees. 

15 (3) ANNUAL REPORT.—The Advisory Board shall provide an annual 

16 report on its activities to the Committee on Natural Resources of the 

17 House of Representatives and the Committee on Energy and Natural Re18 sources of the Senate. 

19 (c) ADVISORY BOARD MEMBERSHIP.—Members of the Advisory Board shall 

20 be appointed on a staggered basis by the Secretary for a term not to exceed 

21 4 years and shall serve at the pleasure of the Secretary. The Advisory Board 

22 shall be comprised of not more than 7 individuals appointed from among citi23 zens of the United States not in the employment of the Federal Government 

24 and not in the employment of or having an interest in a Service concession. 

25 Of the 7 members of the Advisory Board— 

26 (1) one member shall be privately employed in the hospitality industry 

27 and have both broad knowledge of hotel or food service management and 

28 experience in the parks and recreation concession business; 

29 (2) one member shall be privately employed in the tourism industry; 

30 (3) one member shall be privately employed in the accounting indus31 try; 

32 (4) one member shall be privately employed in the outfitting and guide 

33 industry; 

34 (5) one member shall be a State government employee with expertise 

35 in park concession management; 

36 (6) one member shall be active in promotion of traditional arts and 

37 crafts; and 

38 (7) one member shall be active in a nonprofit conservation organiza39 tion involved in parks and recreation programs. 

40 (d) SERVICE ON ADVISORY BOARD.—Service of an individual as a member 

41 of the Advisory Board shall not be deemed to be service or employment bringVerDate Mar 15 2010 00:44 Aug 03, 2012 Jkt 019200 PO 00000 Frm 00065 Fmt 6652 Sfmt 6223 E:\BILLS\H1950.RH H1950

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1 ing the individual within the provisions of any Federal law relating to con2 flicts of interest or otherwise imposing restrictions, requirements, or penalties 

3 in relation to the employment of individuals, the performance of services, or 

4 the payment or receipt of compensation in connection with claims, pro5 ceedings, or matters involving the United States. Service as a member of the 

6 Advisory Board shall not be deemed service in an appointive or elective posi7 tion in the Federal Government for purposes of section 8344 of title 5 or other 

8 comparable provisions of Federal law. 

9 (e) TERMINATION.—The Advisory Board shall continue to exist until De10 cember 31, 2009. In all other respects, it shall be subject to the Federal Advi11 sory Committee Act (5 U.S.C. App.). 

12 § 101920. Contracting for services 

13 (a) CONTRACTING AUTHORIZED.— 

14 (1) MANAGEMENT ELEMENTS FOR WHICH CONTRACT REQUIRED TO

15 MAXIMUM EXTENT PRACTICABLE.—To the maximum extent practicable, 

16 the Secretary shall contract with private entities to conduct or assist in 

17 elements of the management of the Service concession program considered 

18 by the Secretary to be suitable for non-Federal performance. Those man19 agement elements shall include each of the following: 

20 (A) Health and safety inspections. 

21 (B) Quality control of concession operations and facilities. 

22 (C) Strategic capital planning for concession facilities. 

23 (D) Analysis of rates and charges to the public. 

24 (2) MANAGEMENT ELEMENTS FOR WHICH CONTRACT ALLOWED.—The 

25 Secretary may also contract with private entities to assist the Secretary 

26 with each of the following: 

27 (A) Preparation of the financial aspects of prospectuses for Serv28 ice concession contracts. 

29 (B) Development of guidelines for a System capital improvement 

30 and maintenance program for all concession occupied facilities. 

31 (C) Making recommendations to the Director regarding the con32 duct of annual audits of concession fee expenditures. 

33 (b) OTHER MANAGEMENT ELEMENTS.—The Secretary shall consider, tak34 ing into account the recommendations of the Advisory Board, contracting out 

35 other elements of the concessions management program, as appropriate. 

36 (c) AUTHORITY OF SECRETARY NOT DIMINISHED.—Nothing in this section 

37 shall diminish the governmental responsibilities and authority of the Sec38 retary to administer concession contracts and activities pursuant to this sub39 chapter and section 100101(a), chapter 1003, and sections 100751(a), 100752, 

40 100753, and 102101 of this title. The Secretary reserves the right to make the 


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1 final decision or contract approval on contracting services dealing with the 

2 management of the Service concessions program under this section. 

3 § 101921. Multiple contracts within a System unit 

4 If multiple concession contracts are awarded to authorize concessioners to 

5 provide the same or similar outfitting, guiding, river running, or other simi6 lar services at the same approximate location or resource within a System 

7 unit, the Secretary shall establish a comparable franchise fee structure for 

8 those contracts or similar contracts, except that the terms and conditions of 

9 any existing concession contract shall not be subject to modification or open 

10 to renegotiation by the Secretary because of an award of a new contract at 

11 the same approximate location or resource. 

12 § 101922. Use of nonmonetary consideration in concession 

13 contracts 

14 Section 1302 of title 40 shall not apply to concession contracts awarded 

15 by the Secretary pursuant to this subchapter. 

16 § 101923. Recordkeeping requirements 

17 (a) IN GENERAL.—A concessioner and any subconcessioner shall keep such 

18 records as the Secretary may prescribe to enable the Secretary to determine 

19 that all terms of a concession contract have been and are being faithfully per20 formed. The Secretary and any authorized representative of the Secretary 

21 shall, for the purpose of audit and examination, have access to those records 

22 and to other records of the concessioner or subconcessioner pertinent to the 

23 concession contract and all terms and conditions of the concession contract. 

24 (b) ACCESS TO RECORDS BY COMPTROLLER GENERAL.—The Comptroller 

25 General and any authorized representative of the Comptroller General shall, 

26 until the expiration of 5 calendar years after the close of the business year 

27 of each concessioner or subconcessioner, have access to and the right to exam28 ine any pertinent records described in subsection (a) of the concessioner or 

29 subconcessioner related to the contract involved. 

30 § 101924. Promotion of sale of Indian, Alaska Native, Native 

31 Samoan, and Native Hawaiian handicrafts 

32 (a) IN GENERAL.—Promoting the sale of authentic United States Indian, 

33 Alaskan Native, Native Samoan, and Native Hawaiian handicrafts relating 

34 to the cultural, historical, and geographic characteristics of System units is 

35 encouraged, and the Secretary shall ensure that there is a continuing effort 

36 to enhance the handicraft trade where it exists and establish the trade in ap37 propriate areas where the trade does not exist. 

38 (b) EXEMPTION FROM FRANCHISE FEE.—In furtherance of the purposes of 

39 subsection (a), the revenue derived from the sale of United States Indian, 

40 Alaska Native, Native Samoan, and Native Hawaiian handicrafts shall be ex41 empt from any franchise fee payments under this subchapter. 


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1 § 101925. Commercial use authorizations 

2 (a) IN GENERAL.—To the extent specified in this section, the Secretary, on 

3 request, may authorize a private person, corporation, or other entity to pro4 vide services to visitors to System units through a commercial use authoriza5 tion. A commercial use authorization shall not be considered to be a conces6 sion contract under this subchapter and no other section of this subchapter 

7 shall be applicable to a commercial use authorization except where expressly 

8 stated. 

9 (b) CRITERIA FOR ISSUANCE OF COMMERCIAL USE AUTHORIZATIONS.— 

10 (1) REQUIRED DETERMINATIONS.—The authority of this section may 

11 be used only to authorize provision of services that the Secretary deter12 mines— 

13 (A) will have minimal impact on resources and values of a Sys14 tem unit; and 

15 (B) are consistent with the purpose for which the System unit 

16 was established and with all applicable management plans and 

17 Service policies and regulations. 

18 (2) ELEMENTS OF COMMERCIAL USE AUTHORIZATION.—The Secretary 

19 shall— 

20 (A) require payment of a reasonable fee for issuance of a commer21 cial use authorization, the fees to remain available without further 

22 appropriation to be used, at a minimum, to recover associated man23 agement and administrative costs; 

24 (B) require that the provision of services under a commercial use 

25 authorization be accomplished in a manner consistent to the highest 

26 practicable degree with the preservation and conservation of System 

27 unit resources and values; 

28 (C) take appropriate steps to limit the liability of the United 

29 States arising from the provision of services under a commercial use 

30 authorization; 

31 (D) have no authority under this section to issue more commer32 cial use authorizations than are consistent with the preservation 

33 and proper management of System unit resources and values; and 

34 (E) shall establish other conditions for issuance of a commercial 

35 use authorization that the Secretary determines to be appropriate 

36 for the protection of visitors, provision of adequate and appropriate 

37 visitor services, and protection and proper management of System 

38 unit resources and values. 

39 (c) LIMITATIONS.—Any commercial use authorization shall be limited to— 


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1 (1) commercial operations with annual gross receipts of not more than 

2 $25,000 resulting from services originating and provided solely within 

3 a System unit pursuant to the commercial use authorization; 

4 (2) the incidental use of resources of the System unit by commercial 

5 operations that provide services originating and terminating outside the 

6 boundaries of the System unit; or 

7 (3)(A) uses by organized children’s camps, outdoor clubs, and non8 profit institutions (including back country use); and 

9 (B) other uses, as the Secretary determines to be appropriate. 

10 (d) NONPROFIT INSTITUTIONS.—Nonprofit institutions are not required to 

11 obtain commercial use authorizations unless taxable income is derived by the 

12 institution from the authorized use. 

13 (e) PROHIBITION ON CONSTRUCTION.—A commercial use authorization 

14 shall not provide for the construction of any structure, fixture, or improve15 ment on federally-owned land within the boundaries of a System unit. 

16 (f) DURATION.—The term of any commercial use authorization shall not 

17 exceed 2 years. No preferential right of renewal or similar provisions for re18 newal shall be granted by the Secretary. 

19 (g) OTHER CONTRACTS.—A person, corporation, or other entity seeking or 

20 obtaining a commercial use authorization shall not be precluded from submit21 ting a proposal for concession contracts. 

22 § 101926. Regulations 

23 (a) IN GENERAL.—The Secretary shall prescribe regulations appropriate 

24 for the implementation of this subchapter. 

25 (b) CONTENTS.—The regulations— 

26 (1) shall include appropriate provisions to ensure that concession serv27 ices and facilities to be provided in a System unit are not segmented 

28 or otherwise split into separate concession contracts for the purposes of 

29 seeking to reduce anticipated annual gross receipts of a concession con30 tract below $500,000; and 

31 (2) shall further define the term ‘‘United States Indian, Alaskan Na32 tive, and Native Hawaiian handicrafts’’ for the purposes of this sub33 chapter. 

34 Chapter 1021—Privileges and Leases 

Sec. 

102101. General provisions. 

102102. Authority of Secretary to enter into lease for buildings and associated property. 

35 § 102101. General provisions 

36 (a) LIMITATION.— 

37 (1) NO LEASE OR GRANT OF A PRIVILEGE THAT INTERFERES WITH

38 FREE ACCESS.—No natural curiosity, wonder, or object of interest shall 


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1 be leased or granted to anyone on such terms as to interfere with free 

2 access by the public to any System unit. 

3 (2) EXCEPTION FOR GRAZING LIVESTOCK.—The Secretary, under such 

4 regulations and on such terms as the Secretary may prescribe, may 

5 grant the privilege to graze livestock within a System unit when, in the 

6 Secretary’s judgment, the use is not detrimental to the primary purpose 

7 for which the System unit was created. This paragraph does not apply 

8 to Yellowstone National Park. 

9 (b) ADVERTISING AND COMPETITIVE BIDS NOT REQUIRED.—The Secretary 

10 may grant privileges and enter into leases described in subsection (a), and 

11 enter into related contracts with responsible persons, firms, or corporations, 

12 without advertising and without securing competitive bids. 

13 (c) ASSIGNMENT OR TRANSFER.— No contract, lease, or privilege described 

14 in subsection (a) or (b) that is entered into or granted shall be assigned or 

15 transferred by the grantee, lessee, or licensee without the prior written ap16 proval of the Secretary. 

17 § 102102. Authority of Secretary to enter into lease for build18 ings and associated property 

19 (a) IN GENERAL.—To facilitate the administration of the System, the Sec20 retary, under such terms and conditions as the Secretary may consider advis21 able, and except as provided in subsection (b) and subject to subsection (c), 

22 may enter into a lease with any person or government entity for the use of 

23 buildings and associated property administered by the Secretary as part of 

24 the System. 

25 (b) PROHIBITED ACTIVITIES.—The Secretary may not use a lease under 

26 subsection (a) to authorize the lessee to engage in activities that are subject 

27 to authorization by the Secretary through a concession contract, commercial 

28 use authorization, or similar instrument. 

29 (c) USE.—Buildings and associated property leased under subsection (a)— 

30 (1) shall be used for an activity that is consistent with the purposes 

31 established by law for the System unit in which the building is located; 

32 (2) shall not result in degradation of the purposes and values of the 

33 System unit; and 

34 (3) shall be compatible with Service programs. 

35 (d) RENTAL AMOUNTS.— 

36 (1) IN GENERAL.—With respect to a lease under subsection (a)— 

37 (A) payment of fair market value rental shall be required; and 

38 (B) section 1302 of title 40 shall not apply. 

39 (2) ADJUSTMENT.—The Secretary may adjust the rental amount as 

40 appropriate to take into account any amounts to be expended by the lesVerDate Mar 15 2010 00:44 Aug 03, 2012 Jkt 019200 PO 00000 Frm 00070 Fmt 6652 Sfmt 6223 E:\BILLS\H1950.RH H1950

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1 see for preservation, maintenance, restoration, improvement, or repair 

2 and related expenses. 

3 (e) SPECIAL ACCOUNT.— 

4 (1) DEPOSITS.—Rental payments under a lease under subsection (a) 

5 shall be deposited in a special account in the Treasury. 

6 (2) AVAILABILITY.—Amounts in the special account shall be available 

7 until expended, without further appropriation, for infrastructure needs 

8 at System units, including— 

9 (A) facility refurbishment; 

10 (B) repair and replacement; 

11 (C) infrastructure projects associated with System unit resource 

12 protection; and 

13 (D) direct maintenance of the leased buildings and associated 

14 property. 

15 (3) ACCOUNTABILITY AND RESULTS.—The Secretary shall develop pro16 cedures for the use of the special account that ensure accountability and 

17 demonstrated results consistent with this section and sections 100101(b), 

18 100502, 100507, 100751(b), 100754, 100901(b) and (c), 100906(a) and 

19 (d), 101302(b)(1) and (c) to (e), 101306, 101702(b) and (c), 101901, 

20 102701, and 102702 of this title. 

21 (f) REGULATIONS.—The Secretary shall prescribe regulations implementing 

22 this section that include provisions to encourage and facilitate competition in 

23 the leasing process and provide for timely and adequate public comment. 

24 Chapter 1023—Programs and 

25 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. 

26 § 102301. Volunteers in parks program 

27 (a) ESTABLISHMENT.—The Secretary may recruit, train, and accept, with28 out regard to chapter 51 and subchapter III of chapter 53 of title 5 or regula29 tions prescribed under that chapter or subchapter, the services of individuals 

30 without compensation as volunteers for or in aid of interpretive functions or 

31 other visitor services or activities in and related to System units and related 

32 areas. In accepting those services, the Secretary shall not permit the use of 

33 volunteers in hazardous duty or law enforcement work or in policymaking 

34 processes, or to displace any employee. The services of individuals whom the 

35 Secretary determines are skilled in performing hazardous activities may be 

36 accepted. 


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1 (b) INCIDENTAL EXPENSES.—The Secretary may provide for incidental ex2 penses of volunteers, such as transportation, uniforms, lodging, and subsist3 ence. 

4 (c) FEDERAL EMPLOYEE STATUS FOR VOLUNTEERS.— 

5 (1) EMPLOYMENT STATUS OF VOLUNTEERS.—Except as otherwise pro6 vided in this section, a volunteer shall not be deemed a Federal employee 

7 and shall not be subject to the provisions of law relating to Federal em8 ployment, including those relating to hours of work, rates of compensa9 tion, leave, unemployment compensation, and Federal employee benefits. 

10 (2) TORT CLAIMS.—For the purpose of sections 1346(b) and 2401(b) 

11 and chapter 171 of title 28, a volunteer under this chapter shall be 

12 deemed a Federal employee. 

13 (3) VOLUNTEERS DEEMED CIVIL EMPLOYEES.—For the purposes of 

14 subchapter I of chapter 81 of title 5, volunteers under this chapter shall 

15 be deemed civil employees of the United States within the meaning of 

16 the term ‘‘employee’’ as defined in section 8101 of title 5, and subchapter 

17 I of chapter 81 of title 5 shall apply. 

18 (4) COMPENSATION FOR LOSSES AND DAMAGES.—For the purpose of 

19 claims relating to damage to, or loss of, personal property of a volunteer 

20 incident to volunteer service, a volunteer under this chapter shall be 

21 deemed a Federal employee, and section 3721 of title 31 shall apply. 

22 (d) AUTHORIZATION OF APPROPRIATIONS.—There is authorized to be ap23 propriated to carry out this section not more than $3,500,000 for each fiscal 

24 year. 

25 § 102302. National Capital region arts and cultural affairs 

26 (a) ESTABLISHMENT.—There is under the direction of the Service a pro27 gram to support and enhance artistic and cultural activities in the National 

28 Capital region. 

29 (b) GRANT ELIGIBILITY.— 

30 (1) ELIGIBLE ORGANIZATIONS.—Eligibility for grants shall be limited 

31 to organizations— 

32 (A) that are of demonstrated national significance; and 

33 (B) that meet at least 2 of the criteria stated in paragraph (2). 

34 (2) CRITERIA.—The criteria referred to in paragraph (1) are the fol35 lowing: 

36 (A) The organization has an annual operating budget in excess 

37 of $1,000,000. 

38 (B) The organization has an annual audience or visitation of at 

39 least 200,000 people. 

40 (C) The organization has a paid staff of at least 100 individuals. 


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1 (D) The organization is eligible under section 320102(f) of this 

2 title. 

3 (3) ORGANIZATIONS NOT ELIGIBLE.—Public or private colleges and 

4 universities are not eligible for grants under the program under this sec5 tion. 

6 (c) USE OF GRANTS.—Grants awarded under this section may be used to 

7 support general operations and maintenance, security, or special projects. No 

8 organization may receive a grant in excess of $500,000 in a single year. 

9 (d) RESPONSBILITIES OF DIRECTOR.—The Director shall— 

10 (1) establish an application process; 

11 (2) appoint a review panel of 5 qualified individuals, at least a ma12 jority of whom reside in the National Capital region; and 

13 (3) develop other program guidelines and definitions as required. 

14 (e) FORD’S THEATER AND WOLF TRAP NATIONAL PARK FOR THE PER15 FORMING ARTS.—The contractual amounts required for the support of Ford’s 

16 Theater and Wolf Trap National Park for the Performing Arts shall be avail17 able within the amount provided in this section without regard to any other 

18 provision of this section. 

19 § 102303. National Park System Advisory Board 

20 (a) DEFINITION.—In this section, the term ‘‘Board’’ means the National 

21 Park System Advisory Board established under subsection (b). 

22 (b) ESTABLISHMENT AND PURPOSE.—There is established a National Park 

23 System Advisory Board, whose purpose is to advise the Director on matters 

24 relating to the Service, the System, and programs administered by the Serv25 ice. The Board shall advise the Director on matters submitted to the Board 

26 by the Director as well as any other issues identified by the Board. 

27 (c) MEMBERSHIP.— 

28 (1) APPOINTMENT AND TERM OF OFFICE.—Members of the Board shall 

29 be appointed on a staggered term basis by the Secretary for a term not 

30 to exceed 4 years and shall serve at the pleasure of the Secretary. 

31 (2) COMPOSITION.—The Board shall be composed of no more than 12 

32 persons, appointed from among citizens of the United States having a 

33 demonstrated commitment to the mission of the Service. Board members 

34 shall be selected to represent various geographic regions, including each 

35 of the administrative regions of the Service. At least 6 of the members 

36 shall have outstanding expertise in one or more of the following fields: 

37 history, archeology, anthropology, historical or landscape architecture, 

38 biology, ecology, geology, marine science, or social science. At least 4 of 

39 the members shall have outstanding expertise and prior experience in the 

40 management of national or State parks or protected areas, or natural 

41 or cultural resources management. The remaining members shall have 


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1 outstanding expertise in one or more of the areas described above or in 

2 another professional or scientific discipline, such as financial manage3 ment, recreation use management, land use planning, or business man4 agement, important to the mission of the Service. At least one individual 

5 shall be a locally elected official from an area adjacent to a park. 

6 (3) FIRST MEETING.—The Board shall hold its 1st meeting no later 

7 than 60 days after the date on which all members of the Board who are 

8 to be appointed have been appointed. 

9 (4) VACANCY.—Any vacancy in the Board shall not affect its powers, 

10 but shall be filled in the same manner in which the original appointment 

11 was made. 

12 (5) COMPENSATION.—All members of the Board shall be reimbursed for 

13 travel and per diem in lieu of subsistence expenses during the perform14 ance of duties of the Board while away from home or their regular place 

15 of business, in accordance with subchapter I of chapter 57 of title 5. With 

16 the exception of travel and per diem, a member of the Board who other17 wise is an officer or employee of the United States Government shall 

18 serve on the Board without additional compensation. 

19 (d) DUTIES AND POWERS OF BOARD.— 

20 (1) ADOPT RULES.—The Board may adopt such rules as may be nec21 essary to establish its procedures and to govern the manner of its oper22 ations, organization, and personnel. 

23 (2) ADVICE AND RECOMMENDATIONS.—The Board shall advise the Sec24 retary on matters relating to the System, to other related areas, and to 

25 the administration of chapter 3201 of this title, including matters sub26 mitted to it for consideration by the Secretary, but it shall not be re27 quired to provide recommendations as to the suitability or desirability 

28 of surplus real and related personal property for use as a historic monu29 ment. The Board shall also provide recommendations on the designation 

30 of national historic landmarks and national natural landmarks. The 

31 Board is strongly encouraged to consult with the major scholarly and 

32 professional organizations in the appropriate disciplines in making the 

33 recommendations. 

34 (3) ACTIONS ON REQUEST OF DIRECTOR.—On request of the Director, 

35 the Board is authorized to— 

36 (A) hold such hearings and sit and act at such times; 

37 (B) take such testimony; 

38 (C) have such printing and binding done; 

39 (D) enter into such contracts and other arrangements; 

40 (E) make such expenditures; and 

41 (F) take such other actions 


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1 as the Board may consider advisable. 

2 (4) OATHS OR AFFIRMATIONS.—Any member of the Board may ad3 minister oaths or affirmations to witnesses appearing before the Board. 

4 (5) COMMITTEES AND SUBCOMMITTEES.—The Board may establish 

5 committees or subcommittees. The subcommittees or committees shall be 

6 chaired by a voting member of the Board. 

7 (6) USE OF MAILS.—The Board may use the United States mails in 

8 the same manner and under the same conditions as other departments 

9 and agencies in the United States. 

10 (e) STAFF.—The Secretary may hire 2 full-time staffers to meet the needs 

11 of the Board. 

12 (f) FEDERAL LAW NOT APPLICABLE TO SERVICE.—Service as a member 

13 of the Board shall not be deemed service or employment bringing the indi14 vidual within the provisions of any Federal law relating to conflicts of inter15 est or otherwise imposing restrictions, requirements, or penalties relating to 

16 the employment of individuals, the performance of services, or the payment 

17 or receipt of compensation in connection with claims, proceedings, or matters 

18 involving the United States. Service as a member or an employee of the Board 

19 shall not be deemed service in an appointive or elective position in the Fed20 eral Government for purposes of section 8344 of title 5 or comparable provi21 sions of Federal law. 

22 (g) COOPERATION OF FEDERAL AGENCIES.— 

23 (1) INFORMATION.—The Board may secure directly from any office, 

24 department, agency, establishment, or instrumentality of the Federal 

25 Government such information as the Board may require for the purpose 

26 of this section, and each office, department, agency, establishment, or in27 strumentality shall furnish, to the extent permitted by law, the informa28 tion, suggestions, estimates, and statistics directly to the Board, on re29 quest made by a member of the Board. 

30 (2) FACILITIES AND SERVICES.—On request of the Board, the head of 

31 any Federal department, agency, or instrumentality may make any of 

32 the facilities and services of the department, agency, or instrumentality 

33 available to the Board, on a nonreimbursable basis, to assist the Board 

34 in carrying out its duties under this section. 

35 (h) FEDERAL ADVISORY COMMITTEE ACT.—The Federal Advisory Com36 mittee Act (5 U.S.C. App.), with the exception of section 14(b), applies to the 

37 Board. 

38 (i) TERMINATION.—The Board continues to exist until January 1, 2010. 

39 § 102304. National Park Service Advisory Council 

40 (a) DEFINITIONS.—In this section: 


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1 (1) BOARD.—The term ‘‘Board’’ means the National Park System Ad2 visory Board established under section 102303 of this title. 

3 (2) COUNCIL.—The term ‘‘Council’’ means the National Park Service 

4 Advisory Council established under subsection (b). 

5 (b) ESTABLISHMENT AND PURPOSE.—There is established a National Park 

6 Service Advisory Council that shall provide advice and counsel to the Board. 

7 (c) MEMBERSHIP.— 

8 (1) ELIGIBILITY.—Membership on the Council shall be limited to indi9 viduals whose term on the Board has expired. Those individuals may 

10 serve as long as they remain active except that not more than 12 mem11 bers may serve on the Council at any one time. 

12 (2) COMPENSATION.—Members of the Council shall receive no salary 

13 but may be paid expenses incidental to travel when engaged in dis14 charging their duties as members. 

15 (d) VOTING RESTRICTION.—Members of the Council shall not have a vote 

16 on the Board. 

17 Chapter 1025—Museums 

Sec. 

102501. Purpose. 

102502. Definition of museum object. 

102503. Authority of Secretary. 

102504. Review and approval. 

18 § 102501. Purpose 

19 The purpose of this chapter is to increase the public benefits from museums 

20 established within System units as a means of informing the public con21 cerning the areas and preserving valuable objects and relics relating to the 

22 areas. 

23 § 102502. Definition of museum object 

24 In this chapter: 

25 (1) IN GENERAL.—The term ‘‘museum object’’ means an object that— 

26 (A) typically is movable; and 

27 (B) is eligible to be, or is made part of, a museum, library, or 

28 archive collection through a formal procedure, such as accessioning. 

29 (2) INCLUSIONS.—The term ‘‘museum object’’ includes a prehistoric or 

30 historic artifact, work of art, book, document, photograph, or natural his31 tory specimen. 

32 § 102503. Authority of Secretary 

33 (a) IN GENERAL.—Notwithstanding other provisions or limitations of law, 

34 the Secretary may perform the functions described in this section in the man35 ner that the Secretary considers to be in the public interest. 

36 (b) DONATIONS AND BEQUESTS.—The Secretary may accept donations and 

37 bequests of money or other personal property, and hold, use, expend, and ad38 minister the money or other personal property for purposes of this chapter. 


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1 (c) PURCHASES.—The Secretary may purchase museum objects and other 

2 personal property at prices that the Secretary considers to be reasonable. 

3 (d) EXCHANGES.—The Secretary may make exchanges by accepting mu4 seum objects and other personal property and by granting in exchange for the 

5 museum objects or other personal property museum property under the ad6 ministrative jurisdiction of the Secretary that no longer is needed or that may 

7 be held in duplicate among the museum properties administered by the Sec8 retary. Exchanges shall be consummated on a basis that the Secretary con9 siders to be equitable and in the public interest. 

10 (e) ACCEPTANCE OF LOANS OF PROPERTY.—The Secretary may accept the 

11 loan of museum objects and other personal property and pay transportation 

12 costs incidental to the museum objects or other personal property. Loans shall 

13 be accepted on terms and conditions that the Secretary considers necessary. 

14 (f) LOANS OF PROPERTY.—The Secretary may loan to responsible public 

15 or private organizations, institutions, or agencies, without cost to the United 

16 States, such museum objects and other personal property as the Secretary 

17 shall consider advisable. Loans shall be made on terms and conditions that 

18 the Secretary considers necessary to protect the public interest in those prop19 erties. 

20 (g) TRANSFER OF MUSEUM OBJECTS.—The Secretary may transfer mu21 seum objects that the Secretary determines are no longer needed for museum 

22 purposes to qualified Federal agencies, including the Smithsonian Institution, 

23 that have programs to preserve and interpret cultural or natural heritage, 

24 and accept the transfer of museum objects for the purposes of this chapter 

25 from any other Federal agency, without reimbursement. The head of any other 

26 Federal agency may transfer, without reimbursement, museum objects directly 

27 to the administrative jurisdiction of the Secretary for the purpose of this 

28 chapter. 

29 (h) CONVEYANCE OF MUSEUM OBJECTS.—The Secretary may convey mu30 seum objects that the Secretary determines are no longer needed for museum 

31 purposes, without monetary consideration but subject to such terms and con32 ditions as the Secretary considers necessary, to private institutions exempt 

33 from Federal taxation under section 501(c)(3) of the Internal Revenue Code 

34 of 1986 (26 U.S.C. 501(c)(3)) and to non-Federal governmental entities if the 

35 Secretary determines that the recipient is dedicated to the preservation and 

36 interpretation of natural or cultural heritage and is qualified to manage the 

37 property, prior to any conveyance under this subsection and subsection (g). 

38 (i) DESTRUCTION OF MUSEUM OBJECTS.—The Secretary may destroy or 

39 cause to be destroyed museum objects that the Secretary determines to have 

40 no scientific, cultural, historic, educational, esthetic, or monetary value. 


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1 § 102504. Review and approval 

2 The Secretary shall ensure that museum objects are treated in a careful and 

3 deliberate manner that protects the public interest. Prior to taking any action 

4 under subsection (g), (h), or (i) of section 102503 of this title, the Secretary 

5 shall establish a systematic review and approval process, including consulta6 tion with appropriate experts, that meets the highest standards of the museum 

7 profession for all actions taken under those subsections. 

8 Chapter 1027—Law Enforcement and 

9 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. 

10 Subchapter I—Law Enforcement 

11 § 102701. Law enforcement personnel within System 

12 (a) OFFICERS AND EMPLOYEES OF THE DEPARTMENT OF THE INTERIOR.— 

13 (1) DESIGNATION AUTHORITY OF SECRETARY.—The Secretary, pursu14 ant to standards prescribed in regulations by the Secretary, may des15 ignate certain officers or employees of the Department of the Interior who 

16 shall maintain law and order and protect individuals and property 

17 within System units. 

18 (2) POWERS AND DUTIES OF DESIGNEES.—In the performance of the 

19 duties described in paragraph (1), the designated officers or employees 

20 may— 

21 (A) carry firearms; 

22 (B) make arrests without warrant for any offense against the 

23 United States committed in the presence of the officer or employee, 

24 or for any felony cognizable under the laws of the United States if 

25 the officer or employee has reasonable grounds to believe that the in26 dividual to be arrested has committed or is committing the felony, 

27 provided the arrests occur within the System or the individual to 

28 be arrested is fleeing from the System to avoid arrest; 

29 (C) execute any warrant or other process issued by a court or of30 ficer of competent jurisdiction for the enforcement of the provisions 

31 of any Federal law or regulation issued pursuant to law arising out 

32 of an offense committed in the System or, where the individual sub33 ject to the warrant or process is in the System, in connection with 

34 any Federal offense; and 


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1 (D) conduct investigations of offenses against the United States 

2 committed in the System in the absence of investigation of the of3 fenses by any other Federal law enforcement agency having inves4 tigative jurisdiction over the offense committed or with the concur5 rence of the other agency. 

6 (b) SPECIAL POLICE OFFICERS.— 

7 (1) IN GENERAL.—The Secretary may designate officers and employees 

8 of any other Federal agency, or law enforcement personnel of a State or 

9 political subdivision of a State, when determined to be economical and 

10 in the public interest and with the concurrence of that agency, State, or 

11 subdivision, to— 

12 (A) act as special police officers in System units when supple13 mental law enforcement personnel may be needed; and 

14 (B) exercise the powers and authority provided by subparagraphs 

15 (A) to (D) of subsection (a)(2). 

16 (2) COOPERATION WITH STATES AND POLITICAL SUBDIVISIONS.—The 

17 Secretary may— 

18 (A) cooperate, within the System, with any State or political sub19 division of a State in the enforcement of supervision of the laws or 

20 ordinances of that State or subdivision; 

21 (B) mutually waive, in any agreement pursuant to subparagraph 

22 (A) and paragraph (1) or pursuant to subparagraphs (A) and (B) 

23 of subsection (a)(2) with any State or political subdivision of a 

24 State where State law requires the waiver and indemnification, all 

25 civil claims against all the other parties to the agreement and, sub26 ject to available appropriations, indemnify and save harmless the 

27 other parties to the agreement from all claims by third parties for 

28 property damage or personal injury, that may arise out of the par29 ties’ activities outside their respective jurisdictions under the agree30 ment; and 

31 (C) provide limited reimbursement, to a State or political sub32 divisions of a State, in accordance with such regulations as the Sec33 retary may prescribe, where the State has ceded concurrent legisla34 tive jurisdiction over the affected area of the System, for expendi35 tures incurred in connection with its activities within the System 

36 that were rendered pursuant to paragraph (1). 

37 (3) SUPPLEMENTAL AUTHORITY; DELEGATION OF SERVICE LAW EN38 FORCEMENT RESPONSIBILITIES NOT AUTHORIZED.—Paragraphs (1) and 

39 (2) supplement the law enforcement responsibilities of the Service and do 

40 not authorize the delegation of law enforcement responsibilities of the 

41 Service to State or local governments. 


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1 (4) SPECIAL POLICE OFFICERS NOT DEEMED FEDERAL EMPLOYEES.— 

2 (A) IN GENERAL.—Except as otherwise provided in this sub3 section, a law enforcement officer of a State or political subdivision 

4 of a State designated to act as a special police officer under para5 graph (1) shall not be deemed a Federal employee and shall not be 

6 subject to the provisions of law relating to Federal employment, in7 cluding those relating to hours of work, rates of compensation, leave, 

8 unemployment compensation, and Federal benefits. 

9 (B) EXCEPTIONS.—A law enforcement officer of a State or polit10 ical subdivision of a State, when acting as a special police officer 

11 under paragraph (1), is deemed to be— 

12 (i) a Federal employee for purposes of sections 1346(b) and 

13 2401(b) and chapter 171 of title 28; and 

14 (ii) a civil service employee of the United States within the 

15 meaning of the term ‘‘employee’’ as defined in section 8101 of 

16 title 5, for purposes of subchapter I of chapter 81 of title 5, 

17 relating to compensation to Federal employees for work inju18 ries, and the provisions of subchapter I of chapter 81 of title 

19 5 shall apply. 

20 (c) FEDERAL INVESTIGATIVE JURISDICTION AND STATE CIVIL AND CRIMI21 NAL JURISDICTION NOT PREEMPTED.—This section and sections 100101(b), 

22 100502, 100507, 100751(b), 100754, 100901(b) and (c), 100906(a) and (d), 

23 101302(b)(1) and (c) to (e), 101306, 101702(b) and (c), 101901, 102102, and 

24 102702 of this title shall not be construed or applied to limit or restrict the 

25 investigative jurisdiction of any Federal law enforcement agency other than 

26 the Service, and nothing shall be construed or applied to affect any right of 

27 a State or political subdivision of a State to exercise civil and criminal juris28 diction within the System. 

29 § 102702. Crime prevention assistance 

30 (a) RECOMMENDATIONS FOR IMPROVEMENT.—The Secretary shall direct the 

31 chief official responsible for law enforcement within the Service to— 

32 (1) compile a list of System units with the highest rates of violent 

33 crime; 

34 (2) make recommendations concerning capital improvements, and 

35 other measures, needed within the System to reduce the rates of violent 

36 crime, including the rate of sexual assault; and 

37 (3) publish the information required by paragraphs (1) and (2) in the 

38 Federal Register. 

39 (b) DISTRIBUTION OF FUNDS.—Based on the recommendations and list 

40 issued pursuant to subsection (a), the Secretary shall distribute the funds auVerDate Mar 15 2010 00:44 Aug 03, 2012 Jkt 019200 PO 00000 Frm 00080 Fmt 6652 Sfmt 6223 E:\BILLS\H1950.RH H1950

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1 thorized by subsection (d) throughout the System. Priority shall be given to 

2 areas with the highest rates of sexual assault. 

3 (c) USE OF FUNDS.—Funds provided under this section may be used— 

4 (1) to increase lighting within or adjacent to System units; 

5 (2) to provide emergency phone lines to contact law enforcement or se6 curity personnel in areas within or adjacent to System units; 

7 (3) to increase security or law enforcement personnel within or adja8 cent to System units; or 

9 (4) for any other project intended to increase the security and safety 

10 of System units. 

11 (d) AUTHORIZATION OF APPROPRIATIONS.—There is authorized to be ap12 propriated out of the Violent Crime Reduction Trust Fund not more than 

13 $10,000,000 for the Secretary to take all necessary actions to seek to reduce 

14 the incidence of violent crime in the System. 

15 Subchapter II—Emergency Assistance 

16 § 102711. Authority of Secretary to use applicable appropria17 tions for the System to render assistance to nearby 

18 law enforcement and fire prevention agencies and 

19 for related activities outside the System 

20 To facilitate the administration of the System, the Secretary may use ap21 plicable appropriations for the System to render emergency rescue, fire22 fighting, and cooperative assistance to nearby law enforcement and fire pre23 vention agencies and for related purposes outside the System. 

24 § 102712. Aid to visitors, grantees, permittees, or licensees in 

25 emergencies 

26 (a) VISITORS.—The Secretary may aid visitors within a System unit in 

27 an emergency, when no other source is available for the procurement of food 

28 or supplies, by the sale, at cost, of food or supplies in quantities sufficient 

29 to enable the visitors to reach safely a point where food or supplies can be 

30 purchased. Receipts from the sales shall be deposited as a refund to the appro31 priation current at the date of the deposit and shall be available for the pur32 chase of similar food or supplies. 

33 (b) GRANTEES, PERMITTEES, AND LICENSEES.—The Secretary may in an 

34 emergency, when no other source is available for the immediate procurement 

35 of supplies, materials, or special services, aid grantees, permittees, or licensees 

36 conducting operations for the benefit of the public in a System unit by the 

37 sale, at cost, including transportation and handling, of supplies, materials, 

38 or special services as may be necessary to relieve the emergency and ensure 

39 uninterrupted service to the public. Receipts from the sales shall be deposited 

40 as a refund to the appropriation current at the date of the deposit and shall 

41 be available for expenditure for System unit purposes. 


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1 Chapter 1029—Land Transfers 

Sec. 

102901. Conveyance of property and interests in property in System units or related areas. 

2 § 102901. Conveyance of property and interests in property in 

3 System units or related areas 

4 (a) FREEHOLD AND LEASEHOLD INTERESTS.—With respect to any prop5 erty acquired by the Secretary within a System unit or related area, except 

6 property within national parks or within national monuments of scientific 

7 significance, the Secretary may convey a freehold or leasehold interest in the 

8 property, subject to such terms and conditions as will ensure the use of the 

9 property in a manner that is, in the judgment of the Secretary, consistent 

10 with the purpose for which the System unit or related area was authorized 

11 by Congress. The Secretary shall convey the interest to the highest bidder, in 

12 accordance with such regulations as the Secretary may prescribe. The convey13 ance shall be at not less than the fair market value of the interest, as deter14 mined by the Secretary, except that if the conveyance is proposed within 2 

15 years after the property to be conveyed is acquired by the Secretary, the Sec16 retary shall allow the last owner of record of the property 30 days following 

17 the date on which the owner is notified by the Secretary in writing that the 

18 property is to be conveyed within which to notify the Secretary that the owner 

19 wishes to acquire the interest. On receiving the timely request, the Secretary 

20 shall convey the interest to the person, in accordance with such regulations 

21 as the Secretary may prescribe, on payment or agreement to pay an amount 

22 equal to the highest bid price. 

23 (b) EXCHANGE OF LAND.— 

24 (1) IN GENERAL.—The Secretary may accept title to any non-Federal 

25 property or interest in property within a System unit or related area 

26 under the Secretary’s administration in exchange for any Federally27 owned property or interest under the Secretary’s jurisdiction that the 

28 Secretary determines is suitable for exchange or other disposal and that 

29 is located in the same State as the non-Federal property to be acquired. 

30 (2) EXCEPTION.—Timberland subject to harvest under a sustained 

31 yield program shall not be exchanged under paragraph (1). 

32 (3) PUBLIC HEARING.—On request of a State or a political subdivi33 sion thereof, or of a party in interest, prior to an exchange under this 

34 subsection the Secretary shall hold a public hearing in the area where 

35 the properties to be exchanged are located. 

36 (4) VALUES OF PROPERTIES EXCHANGED.—The values of the prop37 erties exchanged— 

38 (A) shall be approximately equal; or 


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1 (B) if they are not approximately equal, shall be equalized by the 

2 payment of cash to the grantor from funds appropriated for the ac3 quisition of land for the area, or to the Secretary, as the cir4 cumstances require. 

5 (c) PROCEEDS CREDITED TO LAND AND WATER CONSERVATION FUND.— 

6 The proceeds received from any conveyance under this section shall be credited 

7 to the Land and Water Conservation Fund. 

8 Chapter 1031—Appropriations and 

9 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. 

10 § 103101. Availability and use of appropriations 

11 (a) CREDITS OF RECEIPTS FOR MEALS AND QUARTERS FURNISHED FED12 ERAL GOVERNMENT EMPLOYEES IN THE FIELD.—Cash collections and pay13 roll deductions made for meals and quarters furnished by the Service to em14 ployees of the Federal Government in the field and to cooperating agencies 

15 may be credited as a reimbursement to the current appropriation for the ad16 ministration of the System unit in which the accommodations are furnished. 

17 (b) AVAILABILITY FOR EXPENSE OF RECORDING DONATED LAND.—Appro18 priations made for the Service shall be available for any expenses incident 

19 to the preparation and recording of title evidence covering land to be donated 

20 to the United States for administration by the Service. 

21 (c) USE OF FUNDS FOR LAW ENFORCEMENT AND EMERGENCIES.— 

22 (1) IN GENERAL.—Funds, not to exceed $250,000 per incident, avail23 able to the Service may be used, with the approval of the Secretary, to— 

24 (A) maintain law and order in emergency and other unforeseen 

25 law enforcement situations; and 

26 (B) conduct emergency search and rescue operations in the Sys27 tem. 

28 (2) REPLENISHMENT OF FUNDS.—If the Secretary expends funds 

29 under paragraph (1), the funds shall be replenished by a supplemental 

30 appropriation for which the Secretary shall make a request as promptly 

31 as possible. 

32 (d) CONTRIBUTION FOR ANNUITY BENEFITS.— 

33 (1) IN GENERAL.—Necessary amounts are appropriated for reimburse34 ment, pursuant to the Policemen and Firemen’s Retirement and Dis35 ability Act amendments of 1957 (Public Law 85–157, 71 Stat. 391), to 

36 the District of Columbia on a monthly basis for benefit payments by the 

37 District of Columbia to United States Park Police annuitants under sec38 tion 12 of the Policemen and Firemen’s Retirement and Disability Act 


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1 (ch. 433, 39 Stat. 718), to the extent that those payments exceed con2 tributions made by active Park Police members covered under the Police3 men and Firemen’s Retirement and Disability Act. 

4 (2) NONAVAILABILITY OF APPROPRIATIONS TO THE SERVICE.—Appro5 priations made to the Service are not available for the purpose of making 

6 reimbursements under paragraph (1). 

7 (e) WATERPROOF FOOTWEAR.—Appropriations for the Service that are 

8 available for the purchase of equipment may be used for purchase of water9 proof footwear, which shall be regarded and listed as System equipment. 

10 § 103102. Appropriations authorized and available for cer11 tain purposes 

12 Appropriations for the Service are authorized and are available for— 

13 (1) administration, protection, improvement, and maintenance of 

14 areas, under the jurisdiction of other Federal agencies, that are devoted 

15 to recreational use pursuant to cooperative agreements; 

16 (2) necessary local transportation and subsistence in kind of individ17 uals selected for employment or as cooperators, serving without other 

18 compensation, while attending fire protection training camps; 

19 (3) administration, protection, maintenance, and improvement of the 

20 Chesapeake and Ohio Canal; 

21 (4) educational lectures in or in the vicinity of and with respect to 

22 System units, and services of field employees in cooperation with such 

23 nonprofit scientific and historical societies engaged in educational work 

24 in System units as the Secretary may designate; 

25 (5) travel expenses of employees attending— 

26 (A) Federal Government camps for training in forest fire preven27 tion and suppression; 

28 (B) the Federal Bureau of Investigation National Police Acad29 emy; and 

30 (C) Federal, State, or municipal schools for training in building 

31 fire prevention and suppression; 

32 (6) investigation and establishment of water rights in accordance with 

33 local custom, laws, and decisions of courts, including the acquisition of 

34 water rights or of land or interests in land or rights-of-way for use and 

35 protection of water rights necessary or beneficial in the administration 

36 and public use of System units; 

37 (7) official telephone service in the field in the case of official tele38 phones installed in private houses when authorized under regulations es39 tablished by the Secretary; and 


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1 (8) provision of transportation for children in nearby communities to 

2 and from any System unit used in connection with organized recreation 

3 and interpretive programs of the Service. 

4 § 103103. Amounts provided by private entities for utility 

5 services 

6 Notwithstanding any other provision of law, amounts provided to the Serv7 ice by private entities for utility services shall be credited to the appropriate 

8 account and remain available until expended. 

9 § 103104. Recovery of costs associated with special use per10 mits 

11 Notwithstanding any other provision of law, the Service may recover all 

12 costs of providing necessary services associated with special use permits. The 

13 reimbursements shall be credited to the appropriation current at that time. 

14 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. 

15 § 103301. Military maneuvers 

16 To obtain practical benefits of great value to the country from the estab17 lishment of national military parks, the parks and their approaches are de18 clared to be national fields for military maneuvers for the Regular Army or 

19 Regular Air Force and the National Guard or militia of the States. National 

20 military parks shall be opened for those purposes only in the discretion of 

21 the Secretary, and under such regulations as the Secretary may prescribe. 

22 § 103302. Camps for military instruction 

23 (a) ASSEMBLING OF FORCES AND DETAILING OF INSTRUCTORS.—The Sec24 retary of the Army or Secretary of the Air Force, within the limits of appro25 priations that may be available for that purpose, may assemble in camp at 

26 such season of the year and for such period as the Secretary of the Army or 

27 Secretary of the Air Force may designate, at the field of military maneuvers, 

28 such portions of the military forces of the United States as the Secretary of 

29 the Army or Secretary of the Air Force may think best, to receive military 

30 instruction there. The Secretary of the Army of Secretary of the Air Force 

31 may detail instructors from the Regular Army or Regular Air Force, respec32 tively, for those forces during their exercises. 

33 (b) REGULATIONS.—The Secretary of the Army or Secretary of the Air 

34 Force may prescribe regulations governing the assembling of the National 

35 Guard or militia of the States on the maneuvering grounds. 


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1 § 103303. Performance of duties of commissions 

2 The duties of commissions in charge of national military parks shall be 

3 performed under the direction of the Secretary. 

4 § 103304. Recovery of land withheld 

5 (a) CIVIL ACTION.—The United States may bring a civil action in the 

6 courts of the United States against a person to whom land lying within a 

7 national military park has been leased that refuses to give up possession of 

8 the land to the United States after the termination of the lease, and after pos9 session has been demanded for the United States by the park superintendent, 

10 or against a person retaining possession of land lying within the boundary 

11 of a national military park that the person has sold to the United States for 

12 park purposes and received payment therefor, after possession of the land has 

13 been demanded for the United States by the park superintendent, to recover 

14 possession of the land withheld. The civil action shall be brought according 

15 to the statutes of the State in which the national military park is situated. 

16 (b) TRESPASS.—A person described in subsection (a) shall be guilty of tres17 pass. 

18 § 103305. Travel expenses incident to study of battlefields 

19 Mileage of officers of the Army and actual expenses of civilian employees 

20 traveling on duty in connection with the studies, surveys, and field investiga21 tions of battlefields shall be paid from the appropriations made to meet ex22 penses for those purposes. 

23 § 103306. Studies 

24 (a) STUDY OF BATTLEFIELDS FOR COMMEMORATIVE PURPOSES.—The Sec25 retary of the Army may make studies and investigations and, where nec26 essary, surveys of all battlefields within the continental limits of the United 

27 States on which troops of the United States or of the original 13 colonies have 

28 been engaged against a common enemy, with a view to preparing a general 

29 plan and such detailed projects as may be required for properly commemo30 rating such battlefields or other adjacent points of historic and military inter31 est. 

32 (b) INCLUSION OF ESTIMATE OF COST OF PROJECTED SURVEYS IN APPRO33 PRIATION ESTIMATES.—The Secretary of the Army shall include annually in 

34 the Department of the Interior appropriation estimates a list of the battle35 fields for which surveys or other field investigations are planned for the fiscal 

36 year in question, with the estimated cost of making each survey or other field 

37 investigation. 

38 (c) PURCHASE OF REAL ESTATE FOR NATIONAL MILITARY PARK PUR39 POSES.—No real estate shall be purchased for national military park pur40 poses by the Federal Government unless a report on the real estate has been 


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1 made by the Secretary of the Army through the President to Congress under 

2 subsection (d). 

3 (d) REPORT TO CONGRESS.—The Secretary of the Army, through the Presi4 dent, shall annually submit to Congress a detailed report of progress made 

5 under this subchapter, with recommendations for further operations. 

6 Chapters 1035 through 1047—Reserved 

7 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. 

8 § 104901. Central warehouses at System units 

9 (a) AUTHORITY OF SECRETARY.—The Secretary, in the administration of 

10 the System, may maintain central warehouses at System units. 

11 (b) APPROPRIATIONS.— 

12 (1) AVAILABILITY.—Appropriations made for the administration, pro13 tection, maintenance, and improvement of System units shall be avail14 able for the purchase of supplies and materials to be kept in central 

15 warehouses for distribution at cost, including transportation and han16 dling, to projects under specific appropriations. 

17 (2) TRANSFERS BETWEEN APPROPRIATIONS.— 

18 (A) AUTHORIZATION.—Transfers between the various appropria19 tions made for System units are authorized for the purpose of 

20 charging the cost of supplies and materials, including transpor21 tation and handling, drawn from central warehouses maintained 

22 under this authority to the particular appropriation benefited. 

23 (B) AVAILABILITY OF SUPPLIES AND MATERIALS AND TRANSFERS

24 IN SUBSEQUENT YEARS.—Supplies and materials that remain at 

25 the end of any fiscal year shall be continuously available for 

26 issuance during subsequent fiscal years and shall be charged for by 

27 transfers of funds between appropriations made for the administra28 tion, protection, maintenance, and improvement of System units for 

29 the fiscal year then current without decreasing the appropriations 

30 made for that fiscal year. 

31 (c) LIMITATION ON PURCHASE OF SUPPLIES AND MATERIALS.—Supplies 

32 and materials shall not be purchased solely for the purpose of increasing the 

33 value of storehouse stock beyond reasonable requirements for any current fiscal 

34 year. 


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1 § 104902. Services or other accommodations for public 

2 The Secretary may contract for services or other accommodations provided 

3 in System units for the public under contract with the Department of the In4 terior, as may be required in the administration of the Service, at rates ap5 proved by the Secretary for the furnishing of those services or accommodations 

6 to the Federal Government and without compliance with section 6101 of title 

7 41. 

8 § 104903. Care, removal, and burial of indigents 

9 The Secretary may provide, out of amounts appropriated for the general 

10 expenses of System units, for the temporary care and removal from a System 

11 unit of indigents, and in case of death to provide for their burial in System 

12 units not under local jurisdiction for these purposes. This section does not au13 thorize transportation of indigents or deceased for a distance of more than 

14 50 miles from the System unit. 

15 § 104904. Hire of work animals, vehicles, and equipment with 

16 or without personal services 

17 The Secretary may hire, with or without personal services, work animals 

18 and animal-drawn and motor-propelled vehicles and equipment at rates to be 

19 approved by the Secretary and without compliance with section 6101 of title 

20 41. 

21 § 104905. Preparation of mats for reproduction of photo22 graphs 

23 The Secretary shall prepare mats that may be used for the reproduction 

24 in magazines and newspapers of photographs of scenery in a System unit 

25 that, in the opinion of the Secretary, would be of interest to the people of the 

26 United States and foreign nations. The mats may be furnished, without 

27 charge and under regulations the Secretary may prescribe, to the publishers 

28 of magazines, newspapers, and any other publications that may carry photo29 graphic reproductions. 

30 § 104906. Protection of right of individuals to bear arms 

31 (a) FINDINGS.—Congress finds the following: 

32 (1) The 2d amendment to the Constitution provides that ‘‘the right of 

33 the people to keep and bear Arms, shall not be infringed’’. 

34 (2) Section 2.4(a)(1) of title 36, Code of Federal Regulations, provides 

35 that ‘‘except as otherwise provided in this section and parts 7 (special 

36 regulations) and 13 (Alaska regulations), the following are prohibited: (i) 

37 Possessing a weapon, trap or net (ii) Carrying a weapon, trap or net 

38 (iii) Using a weapon, trap or net’’. 

39 (3) The regulations described in paragraph (2) prevent individuals 

40 complying with Federal and State laws from exercising the 2d amend41 ment rights of the individuals while at System units. 


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1 (4) The existence of different laws relating to the transportation and 

2 possession of firearms at different System units entrapped law-abiding 

3 gun owners while at System units. 

4 (5) Although the Bush administration issued new regulations relating 

5 to the 2d amendment rights of law-abiding citizens in System units that 

6 went into effect on January 9, 2009— 

7 (A) on March 19, 2009, the United States District Court for the 

8 District of Columbia granted a preliminary injunction with respect 

9 to the implementation and enforcement of the new regulations; and 

10 (B) the new regulations— 

11 (i) are under review by the Obama administration; and 

12 (ii) may be altered. 

13 (6) Congress needs to weigh in on the new regulations to ensure that 

14 unelected bureaucrats and judges cannot again override the 2d amend15 ment rights of law-abiding citizens on 83,600,000 acres of System land. 

16 (7) Federal laws should make it clear that the 2d amendment rights 

17 of an individual at a System unit should not be infringed. 

18 (b) PROTECTION OF RIGHT OF INDIVIDUALS TO BEAR ARMS IN SYSTEM

19 UNITS.—The Secretary shall not promulgate or enforce any regulation that 

20 prohibits an individual from possessing a firearm, including an assembled or 

21 functional firearm, in any System unit if— 

22 (1) the individual is not otherwise prohibited by law from possessing 

23 the firearm; and 

24 (2) the possession of the firearm is in compliance with the law of the 

25 State in which the System unit is located. 

26 § 104907. Limitation on extension or establishment of na27 tional parks in Wyoming 

28 No extension or establishment of national parks in Wyoming may be un29 dertaken except by express authorization of Congress. 

30 Division B—System Units and Related 

31 Areas—Reserved 

32 Subtitle II—Outdoor Recreation Programs 

33 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. 

34 § 200101. Findings and declaration of policy 

35 Congress finds and declares it is desirable— 

36 (1) that all American people of present and future generations be as37 sured adequate outdoor recreation resources; and 


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1 (2) for all levels of government and private interests to take prompt 

2 and coordinated action to the extent practicable without diminishing or 

3 affecting their respective powers and functions to conserve, develop, and 

4 utilize those resources for the benefit and enjoyment of the American peo5 ple. 

6 § 200102. Definitions 

7 As used in this chapter: 

8 (1) STATE.—The term ‘‘State’’, to the extent practicable, as deter9 mined by the Secretary, includes Puerto Rico, Guam, American Samoa, 

10 the Virgin Islands, and the Northern Mariana Islands. 

11 (2) UNITED STATES.—The term ‘‘United States’’— 

12 (A) includes the District of Columbia; and 

13 (B) to the extent practicable, as determined by the Secretary, in14 cludes Puerto Rico, Guam, American Samoa, the Virgin Islands, 

15 and the Northern Mariana Islands. 

16 § 200103. Authority of Secretary to carry out certain func17 tions and activities 

18 (a) IN GENERAL.—To carry out this chapter, the Secretary may perform 

19 the functions and activities described in this section. 

20 (b) INVENTORY AND EVALUATION.—The Secretary may prepare and main21 tain a continuing inventory and evaluation of outdoor recreation needs and 

22 resources of the United States. 

23 (c) CLASSIFICATION SYSTEM.—The Secretary may prepare a system for 

24 classification of outdoor recreation resources to assist in the effective and bene25 ficial use and management of such resources. 

26 (d) RECREATION PLAN.—The Secretary may formulate and maintain a 

27 comprehensive nationwide outdoor recreation plan, taking into consideration 

28 the plans of the various Federal agencies, States, and their political subdivi29 sions. The plan shall set forth the needs and demands of the public for outdoor 

30 recreation and the current and foreseeable availability in the future of outdoor 

31 recreation resources to meet those needs. The plan shall identify critical out32 door recreation problems, recommend solutions, and recommend desirable ac33 tions to be taken at each level of government and by private interests. The 

34 Secretary shall submit the plan to the President for transmittal to Congress. 

35 Revisions of the plan shall be similarly transmitted at succeeding 5-year in36 tervals. When a plan or revision is transmitted to the Congress, the Secretary 

37 shall transmit copies to the chief executive officials of the States. 

38 (e) TECHNICAL ASSISTANCE AND ADVICE.—The Secretary may provide 

39 technical assistance and advice to and cooperate with States, political sub40 divisions, and private interests, including nonprofit organizations, with re41 spect to outdoor recreation. 


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1 (f) INTERSTATE AND REGIONAL COOPERATION.—The Secretary may en2 courage interstate and regional cooperation in the planning, acquisition, and 

3 development of outdoor recreation resources. 

4 (g) RESEARCH, INFORMATION, AND EDUCATION PROGRAMS AND ACTIVI5 TIES.—The Secretary may— 

6 (1) sponsor, engage in, and assist in research relating to outdoor recre7 ation, directly or by contract or cooperative agreements, and make pay8 ments for such purposes without regard to the limitations of section 

9 3324(a) and (b) of title 31 concerning advances of funds when the Sec10 retary considers such action to be in the public interest; 

11 (2) undertake studies and assemble information concerning outdoor 

12 recreation, directly or by contract or cooperative agreement, and dissemi13 nate the information without regard to section 3204 of title 39; and 

14 (3) cooperate with educational institutions and others to assist in es15 tablishing education programs and activities and to encourage public use 

16 and benefits from outdoor recreation. 

17 (h) COOPERATION AND COORDINATION WITH FEDERAL AGENCIES.— 

18 (1) IN GENERAL.—The Secretary may— 

19 (A) cooperate with and provide technical assistance to Federal 

20 agencies and obtain from them information, data, reports, advice, 

21 and assistance that are needed and can reasonably be furnished in 

22 carrying out the purposes of this chapter; and 

23 (B) promote coordination of Federal plans and activities gen24 erally relating to outdoor recreation. 

25 (2) FUNDING.—An agency furnishing advice or assistance under this 

26 paragraph may expend its own funds for those purposes, with or without 

27 reimbursement, as may be agreed to by that agency. 

28 (i) DONATIONS.—The Secretary may accept and use donations of money, 

29 property, personal services, or facilities for the purposes of this chapter. 

30 § 200104. Consultations of Secretary with administrative offi31 cers; execution of administrative responsibilities in 

32 conformity with nationwide plan 

33 To carry out the policy declared in section 200101 of this title, the heads 

34 of Federal agencies having administrative responsibility over activities or re35 sources the conduct or use of which is pertinent to fulfillment of that policy 

36 shall, individually or as a group— 

37 (1) consult with and be consulted by the Secretary from time to time 

38 both with respect to their conduct of those activities and their use of those 

39 resources and with respect to the activities that the Secretary carries on 

40 under authority of this chapter that are pertinent to their work; and 


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1 (2) carry out that responsibility in general conformance with the na2 tionwide plan authorized under section 200103(d) of this title. 

3 Chapter 2003—Land and Water 

4 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. 

5 § 200301. Definitions 

6 In this chapter: 

7 (1) FUND.—The term ‘‘Fund’’ means the Land and Water Conserva8 tion Fund established under section 200302 of this title. 

9 (2) STATE.—The term ‘‘State’’ means a State, the District of Colum10 bia, Puerto Rico, Guam, American Samoa, the Virgin Islands, and the 

11 Northern Mariana Islands. 

12 § 200302. Establishment of Land and Water Conservation 

13 Fund 

14 (a) ESTABLISHMENT.—There is established in the Treasury the Land and 

15 Water Conservation Fund. 

16 (b) DEPOSITS.—During the period ending September 30, 2015, there shall 

17 be deposited in the Fund the following revenues and collections: 

18 (1) All proceeds (except so much thereof as may be otherwise obligated, 

19 credited, or paid under authority of the provisions of law set forth in 

20 section 572(a) or 574(a) to (c) of title 40 or under authority of any ap21 propriation Act that appropriates an amount, to be derived from pro22 ceeds from the transfer of excess property and the disposal of surplus 

23 property, for necessary expenses, not otherwise provided for, incident to 

24 the utilization and disposal of excess and surplus property) received from 

25 any disposal of surplus real property and related personal property 

26 under chapter 5 of title 40, notwithstanding any provision of law that 

27 such proceeds shall be credited to miscellaneous receipts of the Treasury. 

28 Nothing in this chapter shall affect existing laws or regulations con29 cerning disposal of real or personal surplus property to schools, hospitals, 

30 and States and their political subdivisions. 

31 (2) The amounts provided for in section 200310 of this title. 

32 (c) AUTHORIZATION OF APPROPRIATIONS.— 

33 (1) IN GENERAL.—In addition to the sum of the revenues and collec34 tions estimated by the Secretary to be deposited in the Fund pursuant 


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1 to this section, there are authorized to be appropriated annually to the 

2 Fund out of any money in the Treasury not otherwise appropriated such 

3 amounts as are necessary to make the income of the Fund not less than 

4 $900,000,000 for each fiscal year through September 30, 2015. 

5 (2) RECEIPTS UNDER OUTER CONTINENTAL SHELF LANDS ACT.—To 

6 the extent that amounts appropriated under paragraph (1) are not suffi7 cient to make the total annual income of the Fund equivalent to the 

8 amounts provided in paragraph (1), an amount sufficient to cover the 

9 remainder shall be credited to the Fund from revenues due and payable 

10 to the United States for deposit in the Treasury as miscellaneous receipts 

11 under the Outer Continental Shelf Lands Act (43 U.S.C. 1331 et seq.). 

12 (3) AVAILABILITY OF DEPOSITS.—Notwithstanding section 200303 of 

13 this title, money deposited in the Fund under this subsection shall re14 main in the Fund until appropriated by Congress to carry out this 

15 chapter. 

16 § 200303. Appropriations for expenditure of Fund amounts 

17 Amounts deposited in the Fund shall be available for expenditure for the 

18 purposes of this chapter only when appropriated for those purposes. The ap19 propriations may be made without fiscal-year limitation. Amounts made 

20 available for obligation or expenditure from the Fund may be obligated or 

21 expended only as provided in this chapter. 

22 § 200304. Statement of estimated requirements 

23 There shall be submitted with the annual budget of the United States a 

24 comprehensive statement of estimated requirements during the ensuing fiscal 

25 year for appropriations from the Fund. Not less than 40 percent of such ap26 propriations shall be available for Federal purposes. 

27 § 200305. Financial assistance to States 

28 (a) AUTHORITY OF SECRETARY TO MAKE PAYMENTS.—The Secretary may 

29 provide financial assistance to the States from amounts available for State 

30 purposes. Payments may be made to the States by the Secretary as provided 

31 in this section, subject to such terms and conditions as the Secretary considers 

32 appropriate and in the public interest to carry out the purposes of this chap33 ter, for outdoor recreation: 

34 (1) Planning. 

35 (2) Acquisition of land, water, or interests in land or water. 

36 (3) Development. 

37 (b) APPORTIONMENT AMONG STATES.—Amounts appropriated and avail38 able for State purposes for each fiscal year shall be apportioned among the 

39 States by the Secretary, whose determination shall be final, in accordance 

40 with the following formula: 


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1 (1) Forty percent of the 1st $225,000,000; 30 percent of the next 

2 $275,000,000; and 20 percent of all additional appropriations shall be 

3 apportioned equally among the States. 

4 (2) At any time, the remaining appropriation shall be apportioned on 

5 the basis of need to individual States by the Secretary in such amounts 

6 as in the Secretary’s judgment will best accomplish the purposes of this 

7 chapter. The determination of need shall include consideration of—– 

8 (A) the proportion that the population of each State bears to the 

9 total population of the United States; 

10 (B) the use of outdoor recreation resources of each State by per11 sons from outside the State; and 

12 (C) the Federal resources and programs in each State. 

13 (3) The total allocation to a State under paragraphs (1) and (2) shall 

14 not exceed 10 percent of the total amount allocated to all of the States 

15 in any one year. 

16 (4) The Secretary shall notify each State of its apportionments. The 

17 amounts shall be available for payment to the State for planning, acqui18 sition, or development projects as prescribed. Any amount of any appor19 tionment that has not been paid or obligated by the Secretary during 

20 the fiscal year in which the notification is given and for 2 fiscal years 

21 thereafter shall be reapportioned by the Secretary in accordance with 

22 paragraph (2) without regard to the 10 percent limitation to an indi23 vidual State specified in this subsection. 

24 (5) For the purposes of paragraph (1), the District of Columbia, Puer25 to Rico, Guam, American Samoa, the Virgin Islands, and the Northern 

26 Mariana Islands shall be deemed to be one State, and shall receive shares 

27 of the apportionment in proportion to their populations. 

28 (c) MATCHING REQUIREMENTS.—Payments to any State shall cover not 

29 more than 50 percent of the cost of planning, acquisition, or development 

30 projects that are undertaken by the State. The remaining share of the cost 

31 shall be borne by the State in a manner and with funds or services as shall 

32 be satisfactory to the Secretary. 

33 (d) COMPREHENSIVE STATE PLAN.— 

34 (1) REQUIRED FOR CONSIDERATION OF FINANCIAL ASSISTANCE.—A 

35 comprehensive statewide outdoor recreation plan shall be required prior 

36 to the consideration by the Secretary of financial assistance for acquisi37 tion or development projects. The plan shall be adequate if, in the judg38 ment of the Secretary, it encompasses and will promote the purposes of 

39 this chapter. No plan shall be approved unless the chief executive official 

40 of the State certifies that ample opportunity for public participation in 

41 plan development and revision has been accorded. The Secretary shall deVerDate Mar 15 2010 00:44 Aug 03, 2012 Jkt 019200 PO 00000 Frm 00094 Fmt 6652 Sfmt 6223 E:\BILLS\H1950.RH H1950

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1 velop, in consultation with others, criteria for public participation, 

2 which criteria shall constitute the basis for the certification by the chief 

3 executive official. The plan shall contain— 

4 (A) the name of the State agency that will have authority to rep5 resent and act for the State in dealing with the Secretary for pur6 poses of this chapter; 

7 (B) an evaluation of the demand for and supply of outdoor recre8 ation resources and facilities in the State; 

9 (C) a program for the implementation of the plan; and 

10 (D) other necessary information, as determined by the Secretary. 

11 (2) FACTORS TO BE CONSIDERED.—The plan shall take into account 

12 relevant Federal resources and programs and shall be correlated so far 

13 as practicable with other State, regional, and local plans. Where there 

14 exists or is in preparation for any particular State a comprehensive 

15 plan financed in part with funds supplied by the Secretary of Housing 

16 and Urban Development, any statewide outdoor recreation plan prepared 

17 for purposes of this part shall be based on the same population, growth, 

18 and other pertinent factors as are used in formulating plans financed 

19 by the Secretary of Housing and Urban Development. 

20 (3) PROVISION OF ASSISTANCE WHEN PLAN NOT OTHERWISE AVAIL21 ABLE OR TO MAINTAIN PLAN.—The Secretary may provide financial as22 sistance to any State for projects for the preparation of a comprehensive 

23 statewide outdoor recreation plan when the plan is not otherwise avail24 able or for the maintenance of the plan. 

25 (4) WETLANDS.—A comprehensive statewide outdoor recreation plan 

26 shall specifically address wetlands within the State as an important out27 door recreation resource as a prerequisite to approval, except that a re28 vised comprehensive statewide outdoor recreation plan shall not be re29 quired by the Secretary, if a State submits, and the Secretary, acting 

30 through the Director, approves, as a part of and as an addendum to the 

31 existing comprehensive statewide outdoor recreation plan, a wetlands 

32 priority plan developed in consultation with the State agency with re33 sponsibility for fish and wildlife resources and consistent with the na34 tional wetlands priority conservation plan developed under section 301 

35 of the Emergency Wetlands Resources Act of 1986 (16 U.S.C. 3921) or, 

36 if the national plan has not been completed, consistent with the provi37 sions of that section. 

38 (e) PROJECTS FOR LAND AND WATER ACQUISITION AND DEVELOPMENT OF

39 BASIC OUTDOOR RECREATION FACILITIES.— 

40 (1) IN GENERAL.—In addition to assistance for planning projects, the 

41 Secretary may provide financial assistance to any State for the types of 


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1 projects described in paragraphs (2) and (3), or combinations of those 

2 projects, if the projects are in accordance with the State comprehensive 

3 plan. 

4 (2) ACQUISITION OF LAND OR WATER.— 

5 (A) IN GENERAL.—Under paragraph (1), the Secretary may pro6 vide financial assistance for a project for the acquisition of land, 

7 water, or an interest in land or water, or a wetland area or an in8 terest in a wetland area, as identified in the wetlands provisions 

9 of the comprehensive plan (other than land, water, or an interest 

10 in land or water acquired from the United States for less than fair 

11 market value), but not including incidental costs relating to acquisi12 tion. 

13 (B) RETENTION OF RIGHT OF USE AND OCCUPANCY.—When a 

14 State provides that the owner of a single-family residence may, at 

15 the owner’s option, elect to retain a right of use and occupancy for 

16 not less than 6 months after the date of acquisition of the residence 

17 and the owner elects to retain such a right— 

18 (i) the owner shall be deemed to have waived any benefits 

19 under sections 203 to 206 of the Uniform Relocation Assistance 

20 and Real Property Acquisition Policies Act of 1970 (42 U.S.C. 

21 4623 to 4626); and 

22 (ii) for the purposes of those sections the owner shall not be 

23 deemed to be a displaced person as defined in section 101 of 

24 that Act (42 U.S.C. 4601). 

25 (3) DEVELOPMENT OF BASIC OUTDOOR RECREATION FACILITIES.— 

26 Under paragraph (1), the Secretary may provide financial assistance for 

27 a project for development of basic outdoor recreation facilities to serve 

28 the general public, including the development of Federal land under lease 

29 to States for terms of 25 years or more. No assistance shall be available 

30 under this chapter to enclose or shelter a facility normally used for an 

31 outdoor recreation activity, but the Secretary may permit local funding, 

32 not to exceed 10 percent of the total amount allocated to a State in any 

33 one year, to be used for construction of a sheltered facility for a swim34 ming pool or ice skating rink in an area where the Secretary determines 

35 that the construction is justified by the severity of climatic conditions 

36 and the increased public use made possible by the construction. 

37 (f) PAYMENTS.— 

38 (1) CRITERIA FOR MAKING PAYMENTS.—The Secretary may make a 

39 payment to a State only for a planning, acquisition, or development 

40 project that is approved by the Secretary. The Secretary shall not make 

41 a payment for or on account of any project with respect to which finanVerDate Mar 15 2010 00:44 Aug 03, 2012 Jkt 019200 PO 00000 Frm 00096 Fmt 6652 Sfmt 6223 E:\BILLS\H1950.RH H1950

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1 cial assistance has been given or promised under any other Federal pro2 gram or activity, and no financial assistance shall be given under any 

3 other Federal program or activity for or on account of any project with 

4 respect to which the assistance has been given or promised under this 

5 chapter. The Secretary may make payments from time to time in keep6 ing with the rate of progress toward the satisfactory completion of a 

7 project. The approval of all projects and all payments, or any commit8 ments relating thereto, shall be withheld until the Secretary receives ap9 propriate written assurance from the State that the State has the ability 

10 and intention to finance its share of the cost of all of the projects, and 

11 to operate and maintain by acceptable standards, at State expense, the 

12 properties or facilities acquired or developed for public outdoor recre13 ation use. 

14 (2) PAYMENT RECIPIENTS.—Payments for all projects shall be made 

15 by the Secretary to the chief executive official of the State or to a State 

16 official or agency designated by the chief executive official or by State 

17 law having authority and responsibility to accept and to administer 

18 funds paid under this section for approved projects. If consistent with 

19 an approved project, funds may be transferred by the State to a political 

20 subdivision or other appropriate public agency. 

21 (3) CONVERSION TO OTHER THAN PUBLIC OUTDOOR RECREATION

22 USE.—No property acquired or developed with assistance under this sec23 tion shall, without the approval of the Secretary, be converted to other 

24 than public outdoor recreation use. The Secretary shall approve a conver25 sion only if the Secretary finds it to be in accordance with the then-exist26 ing comprehensive statewide outdoor recreation plan and only on such 

27 conditions as the Secretary considers necessary to ensure the substitution 

28 of other recreation properties of at least equal fair market value and of 

29 reasonably equivalent usefulness and location. Wetland areas and inter30 ests therein as identified in the wetlands provisions of the comprehensive 

31 plan and proposed to be acquired as suitable replacement property with32 in the same State that is otherwise acceptable to the Secretary, acting 

33 through the Director, shall be deemed to be of reasonably equivalent use34 fulness with the property proposed for conversion. 

35 (4) REPORTS AND ACCOUNTING PROCEDURES.—No payment shall be 

36 made to any State until the State has agreed to— 

37 (A) provide such reports to the Secretary in such form and con38 taining such information as may be reasonably necessary to enable 

39 the Secretary to perform the Secretary’s duties under this chapter; 

40 and 


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1 (B) provide such fiscal control and fund accounting procedures 

2 as may be necessary to ensure proper disbursement and accounting 

3 for Federal funds paid to the State under this chapter. 

4 (g) RECORDS.—A recipient of assistance under this chapter shall keep such 

5 records as the Secretary shall prescribe, including records that fully disclose— 

6 (1) the amount and the disposition by the recipient of the proceeds of 

7 the assistance; 

8 (2) the total cost of the project or undertaking in connection with 

9 which the assistance is given or used; and 

10 (3) the amount and nature of that portion of the cost of the project 

11 or undertaking supplied by other sources, and such other records as will 

12 facilitate an effective audit. 

13 (h) ACCESS TO RECORDS.—The Secretary, and the Comptroller General, or 

14 any of their duly authorized representatives, shall have access for the purpose 

15 of audit and examination to any records of the recipient that are pertinent 

16 to assistance received under this chapter. 

17 (i) PROHIBITION OF DISCRIMINATION.—With respect to property acquired 

18 or developed with assistance from the Fund, discrimination on the basis of 

19 residence, including preferential reservation or membership systems, is pro20 hibited except to the extent that reasonable differences in admission and other 

21 fees may be maintained on the basis of residence. 

22 (j) COORDINATION WITH FEDERAL AGENCIES.—To ensure consistency in 

23 policies and actions under this chapter with other related Federal programs 

24 and activities and to ensure coordination of the planning, acquisition, and 

25 development assistance to States under this section with other related Federal 

26 programs and activities— 

27 (1) the President may issue such regulations with respect thereto as 

28 the President considers desirable; and 

29 (2) the assistance may be provided only in accordance with the regula30 tions. 

31 (k) CAPITAL IMPROVEMENT AND OTHER PROJECTS TO REDUCE CRIME.— 

32 (1) AVAILABILITY AND PURPOSE OF FUNDS.—In addition to assistance 

33 for planning projects, and in addition to the projects identified in sub34 section (e), and from amounts appropriated out of the Violent Crime Re35 duction Trust Fund, the Secretary may provide financial assistance to 

36 the States, not to exceed $15,000,000, for projects or combinations thereof 

37 for the purpose of making capital improvements and other measures to 

38 increase safety in urban parks and recreation areas, including funds 

39 to— 

40 (A) increase lighting within or adjacent to public parks and 

41 recreation areas; 


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1 (B) provide emergency telephone lines to contact law enforcement 

2 or security personnel in areas within or adjacent to public parks 

3 and recreation areas; 

4 (C) increase security personnel within or adjacent to public parks 

5 and recreation areas; and 

6 (D) fund any other project intended to increase the security and 

7 safety of public parks and recreation areas. 

8 (2) ELIGIBILITY.—In addition to the requirements for project approval 

9 imposed by this section, eligibility for assistance under this subsection 

10 shall depend on a showing of need. In providing funds under this sub11 section, the Secretary shall give priority to projects proposed for urban 

12 parks and recreation areas with the highest rates of crime and, in par13 ticular, to urban parks and recreation areas with the highest rates of sex14 ual assault. 

15 (3) FEDERAL SHARE.—Notwithstanding subsection (c), the Secretary 

16 may provide 70 percent improvement grants for projects undertaken by 

17 a State for the purposes described in this subsection. 

18 § 200306. Allocation of Fund amounts for Federal purposes 

19 (a) ALLOWABLE PURPOSES AND SUBPURPOSES.— 

20 (1) IN GENERAL.—Amounts appropriated from the Fund for Federal 

21 purposes shall, unless otherwise allotted in the appropriation Act making 

22 them available, be allotted by the President for the purposes and subpur23 poses stated in this subsection. 

24 (2) ACQUISITION OF LAND, WATER, OR AN INTEREST IN LAND OR

25 WATER.— 

26 (A) SYSTEM UNITS AND RECREATION AREAS ADMINISTERED FOR

27 RECREATION PURPOSES.—Amounts shall be allotted for the acquisi28 tion of land, water, or an interest in land or water within the exte29 rior boundary of— 

30 (i) a System unit authorized or established; and 

31 (ii) an area authorized to be administered by the Secretary 

32 for outdoor recreation purposes. 

33 (B) NATIONAL FOREST SYSTEM.— 

34 (i) IN GENERAL.—Amounts shall be allotted for the acquisi35 tion of land, water, or an interest in land or water within 

36 inholdings within— 

37 (I) wilderness areas of the National Forest System; and 

38 (II) other areas of national forests as the boundaries of 

39 those forests existed on January 1, 1965, or purchase units 

40 approved by the National Forest Reservation Commission 


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1 subsequent to January 1, 1965, all of which other areas 

2 are primarily of value for outdoor recreation purposes. 

3 (ii) ADJACENT LAND.—Land outside but adjacent to an ex4 isting national forest boundary, not to exceed 3,000 acres in 

5 the case of any one forest, that would comprise an integral part 

6 of a forest recreational management area may also be acquired 

7 with amounts appropriated from the Fund. 

8 (iii) LIMITATION.—Except for areas specifically authorized 

9 by Act of Congress, not more than 15 percent of the acreage 

10 added to the National Forest System pursuant to this section 

11 shall be west of the 100th meridian. 

12 (C) ENDANGERED SPECIES AND THREATENED SPECIES; FISH AND

13 WILDLIFE REFUGE AREAS; NATIONAL WILDLIFE REFUGE SYSTEM.— 

14 Amounts shall be allotted for the acquisition of land, water, or an 

15 interest in land or water for— 

16 (i) endangered species and threatened species authorized 

17 under section 5(a) of the Endangered Species Act of 1973 (16 

18 U.S.C. 1534(a)); 

19 (ii) areas authorized by section 2 of the Refuge Recreation 

20 Act (16 U.S.C. 460k–1); 

21 (iii) national wildlife refuge areas under section 7(a)(4) of 

22 the Fish and Wildlife Act of 1956 (16 U.S.C. 742f(a)(4)) and 

23 wetlands acquired under section 304 of the Emergency Wet24 lands Resources Act of 1986 (16 U.S.C. 3922); and 

25 (iv) any area authorized for the National Wildlife Refuge 

26 System by specific Acts. 

27 (3) PAYMENT AS OFFSET OF CAPITAL COSTS.—Amounts shall be allot28 ted for payment into miscellaneous receipts of the Treasury as a partial 

29 offset for capital costs, if any, of Federal water development projects au30 thorized to be constructed by or pursuant to an Act of Congress that are 

31 allocated to public recreation and the enhancement of fish and wildlife 

32 values and financed through appropriations to water resource agencies. 

33 (4) AVAILABILITY OF APPROPRIATIONS.—Appropriations allotted for 

34 the acquisition of land, water, or an interest in land or water as set forth 

35 under subparagraphs (A) and (B) of paragraph (2) shall be available for 

36 those acquisitions notwithstanding any statutory ceiling on the appro37 priations contained in any other provision of law enacted prior to Janu38 ary 4, 1977, or, in the case of national recreation areas, prior to Janu39 ary 15, 1979, except that for any such area expenditures shall not exceed 

40 a statutory ceiling during any one fiscal year by 10 percent of the ceil41 ing or $1,000,000, whichever is greater. 


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1 (b) ACQUISITION RESTRICTIONS.—Appropriations from the Fund pursuant 

2 to this section shall not be used for acquisition unless the acquisition is other3 wise authorized by law. Appropriations from the Fund may be used for 

4 preacquisition work where authorization is imminent and where substantial 

5 monetary savings could be realized. 

6 § 200307. Availability of Fund amounts for publicity pur7 poses 

8 (a) IN GENERAL.—Amounts derived from the sources listed in section 

9 200302 of this title shall not be available for publicity purposes. 

10 (b) EXCEPTION FOR TEMPORARY SIGNING.—In a case where significant ac11 quisition or development is initiated, appropriate standardized temporary 

12 signing shall be located on or near the affected site, to the extent feasible, so 

13 as to indicate the action taken is a product of funding made available through 

14 the Fund. The signing may indicate the percentage amounts and dollar 

15 amounts financed by Federal and non-Federal funds, and that the source of 

16 the funding includes amounts derived from Outer Continental Shelf receipts. 

17 The Secretary shall prescribe standards and guidelines for the usage of the 

18 signing to ensure consistency of design and application. 

19 § 200308. Contracts for acquisition of land and water 

20 Not more than $30,000,000 of the amount authorized to be appropriated 

21 from the Fund by section 200303 of this title may be obligated by contract 

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

23 or water within areas specified in section 200306(a)(2) of this title. The con24 tract may be executed by the head of the department concerned, within limita25 tions prescribed by the Secretary. The contract shall be a contractual obliga26 tion of the United States and shall be liquidated with money appropriated 

27 from the Fund specifically for liquidation of that contract obligation. No con28 tract may be entered into for the acquisition of property pursuant to this sec29 tion unless the acquisition is otherwise authorized by Federal law. 

30 § 200309. Contracts for options to acquire land and water in 

31 System 

32 The Secretary may enter into contracts for options to acquire land, water, 

33 or interests in land or water within the exterior boundaries of any area the 

34 acquisition of which is authorized by law for inclusion in the System. The 

35 minimum period of any such option shall be 2 years, and any sums expended 

36 for the purchase of an option shall be credited to the purchase price of the 

37 area. Not more than $500,000 of the sum authorized to be appropriated from 

38 the Fund by section 200303 of this title may be expended by the Secretary 

39 in any one fiscal year for the options. 


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1 § 200310. Transfers to and from Fund 

2 (a) MOTORBOAT FUEL TAXES.—There shall be set aside in the Fund the 

3 amounts specified in section 9503(c)(3)(B) of the Internal Revenue Code of 

4 1986 (26 U.S.C. 9503(c)(3)(B)). 

5 (b) REFUNDS OF TAXES.—There shall be paid from time to time from the 

6 Fund into the general fund of the Treasury amounts estimated by the Sec7 retary of the Treasury as equivalent to— 

8 (1) the amounts paid before April 1, 2013, under section 6421 of the 

9 Internal Revenue Code of 1986 (26 U.S.C. 6421) with respect to gasoline 

10 used after December 31, 1964, in motorboats, on the basis of claims filed 

11 for periods ending before April 1, 2012; and 

12 (2) 80 percent of the floor stocks refunds made before April 1, 2013, 

13 under section 6412(a)(1) of the Internal Revenue Code of 1986 (26 

14 U.S.C. 6412(a)(1)) with respect to gasoline to be used in motorboats. 

15 Chapter 2005—Urban Park and Recreation 

16 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. 

17 § 200501. Definitions 

18 In this chapter: 

19 (1) AT-RISK YOUTH RECREATION GRANT.— 

20 (A) IN GENERAL.—The term ‘‘at-risk youth recreation grant’’ 

21 means a grant in a neighborhood or community with a high preva22 lence of crime, particularly violent crime or crime committed by 

23 youthful offenders. 

24 (B) INCLUSIONS.—The term ‘‘at-risk youth recreation grant’’ in25 cludes— 

26 (i) a rehabilitation grant; 

27 (ii) an innovation grant; and 

28 (iii) a matching grant for continuing program support for 

29 a program of demonstrated value or success in providing con30 structive alternatives to youth at risk for engaging in criminal 

31 behavior, including a grant for operating, or coordinating, a 

32 recreation program or service. 


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1 (C) ADDITIONAL USES OF REHABILITATION GRANT.—In addition 

2 to the purposes specified in paragraph (8), a rehabilitation grant 

3 that serves as an at-risk youth recreation grant may be used for the 

4 provision of lighting, emergency phones, or any other capital im5 provement that will improve the security of an urban park. 

6 (2) GENERAL PURPOSE LOCAL GOVERNMENT.—The term ‘‘general pur7 pose local government’’ means— 

8 (A) a city, county, town, township, village, or other general pur9 pose political subdivision of a State; and 

10 (B) the District of Columbia. 

11 (3) INNOVATION GRANT.—The term ‘‘innovation grant’’ means a 

12 matching grant to a local government to cover costs of personnel, facili13 ties, equipment, supplies, or services designed to demonstrate innovative 

14 and cost-effective ways to augment park and recreation opportunities at 

15 the neighborhood level and to address common problems related to facil16 ity operations and improved delivery of recreation service, not including 

17 routine operation and maintenance activities. 

18 (4) MAINTENANCE.—The term ‘‘maintenance’’ means all commonly ac19 cepted practices necessary to keep recreation areas and facilities oper20 ating in a state of good repair and to protect them from deterioration 

21 resulting from normal wear and tear. 

22 (5) PRIVATE, NONPROFIT AGENCY.—The term ‘‘private, nonprofit 

23 agency’’ means a community-based, nonprofit organization, corporation, 

24 or association organized for purposes of providing recreational, conserva25 tion, and educational services directly to urban residents on a neighbor26 hood or communitywide basis through voluntary donations, voluntary 

27 labor, or public or private grants. 

28 (6) RECOVERY ACTION PROGRAM GRANT.— 

29 (A) IN GENERAL.—The term ‘‘recovery action program grant’’ 

30 means a matching grant to a local government for development of 

31 local park and recreation recovery action programs to meet the re32 quirements of this chapter. 

33 (B) USE.—A recovery action program grant shall be used for re34 source and needs assessment, coordination, citizen involvement and 

35 planning, and program development activities to— 

36 (i) encourage public definition of goals; and 

37 (ii) develop priorities and strategies for overall recreation 

38 system recovery. 

39 (7) RECREATION AREA OR FACILITY.—The term ‘‘recreation area or fa40 cility’’ means an indoor or outdoor park, building, site, or other facility 

41 that is dedicated to recreation purposes and administered by a public 


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1 or private nonprofit agency to serve the recreation needs of community 

2 residents. Emphasis shall be on public facilities readily accessible to resi3 dential neighborhoods, including multiple-use community centers that 

4 have recreation as one of their primary purposes, but excluding major 

5 sports arenas, exhibition areas, and conference halls used primarily for 

6 commercial sports, spectator, or display activities. 

7 (8) REHABILITATION GRANT.—The term ‘‘rehabilitation grant’’ means 

8 a matching capital grant to a local government for rebuilding, remod9 eling, expanding, or developing an existing outdoor or indoor recreation 

10 area or facility, including improvements in park landscapes, buildings, 

11 and support facilities, but excluding routine maintenance and upkeep 

12 activities. 

13 (9) SPECIAL PURPOSE LOCAL GOVERNMENT.— 

14 (A) IN GENERAL.—The term ‘‘special purpose local government’’ 

15 means a local or regional special district, public-purpose corpora16 tion, or other limited political subdivision of a State. 

17 (B) INCLUSIONS.—The term ‘‘special purpose local government’’ 

18 includes— 

19 (i) a park authority; 

20 (ii) a park, conservation, water, or sanitary district; and 

21 (iii) a school district. 

22 (10) STATE.—The term ‘‘State’’ means a State, an instrumentality of 

23 a State approved by the Governor of the State, Puerto Rico, Guam, 

24 American Samoa, the Virgin Islands, and the Northern Mariana Islands. 

25 § 200502. Federal assistance 

26 (a) ELIGIBILITY DETERMINED BY SECRETARY.—Eligibility of general pur27 pose local governments for assistance under this chapter shall be based on need 

28 as determined by the Secretary. The Secretary shall publish in the Federal 

29 Register a list of local governments eligible to participate in this program, 

30 to be accompanied by a discussion of criteria used in determining eligibility. 

31 Criteria shall be based on factors that the Secretary determines are related 

32 to deteriorated recreational facilities or systems and physical and economic 

33 distress. 

34 (b) ADDITIONAL ELIGIBLE GENERAL PURPOSE LOCAL GOVERNMENTS.—In 

35 addition to eligible local governments established in accordance with sub36 section (a), the Secretary may establish eligibility, in accord with the findings 

37 and purpose of the Urban Park and Recreation Recovery Act of 1978 (Public 

38 Law 95–625, 92 Stat. 3538), of other general purpose local governments in 

39 metropolitan statistical areas as defined by the Director of the Office of Man40 agement and Budget. 

41 (c) PRIORITY CRITERIA FOR PROJECT SELECTION AND APPROVAL.— 


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1 (1) IN GENERAL.—The Secretary shall establish priority criteria for 

2 project selection and approval that consider such factors as— 

3 (A) population; 

4 (B) condition of existing recreation areas and facilities; 

5 (C) demonstrated deficiencies in access to neighborhood recreation 

6 opportunities, particularly for minority and low- and moderate-in7 come residents; 

8 (D) public participation in determining rehabilitation or devel9 opment needs; 

10 (E) the extent to which a project supports or complements target 

11 activities undertaken as part of a local government’s overall commu12 nity development and urban revitalization program; 

13 (F) the extent to which a proposed project would provide— 

14 (i) employment opportunities for minorities, youth, and low15 and moderate-income residents in the project neighborhood; 

16 (ii) for participation of neighborhood, nonprofit, or tenant 

17 organizations in the proposed rehabilitation activity or in sub18 sequent maintenance, staffing, or supervision of recreation 

19 areas and facilities; or 

20 (iii) both; and 

21 (G) the amount of State and private support for a project as evi22 denced by commitments of non-Federal resources to project construc23 tion or operation. 

24 (2) AT-RISK YOUTH RECREATION GRANTS.—For at-risk youth recre25 ation grants, the Secretary shall give a priority to each of the following 

26 criteria: 

27 (A) Programs that are targeted to youth who are at the greatest 

28 risk of becoming involved in violence and crime. 

29 (B) Programs that teach important values and life skills, includ30 ing teamwork, respect, leadership, and self-esteem. 

31 (C) Programs that offer tutoring, remedial education, mentoring, 

32 and counseling in addition to recreation opportunities. 

33 (D) Programs that offer services during late night or other non34 school hours. 

35 (E) Programs that demonstrate collaboration between local park 

36 and recreation, juvenile justice, law enforcement, and youth social 

37 service agencies and nongovernmental entities, including the private 

38 sector and community and nonprofit organizations. 

39 (F) Programs that leverage public or private recreation invest40 ments in the form of services, materials, or cash. 


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1 (G) Programs that show the greatest potential of being continued 

2 with non-Federal funds or that can serve as models for other com3 munities. 

4 (d) LIMITATION OF FUNDS.—Grants to discretionary applicants under sub5 section (b) may not be more than 15 percent of the total amount of funds 

6 appropriated under this chapter for rehabilitation grants, innovation grants, 

7 and recovery action program grants. 

8 § 200503. Rehabilitation grants and innovation grants 

9 (a) MATCHING GRANTS.—The Secretary may provide 70 percent matching 

10 rehabilitation grants and innovation grants directly to eligible general pur11 pose local governments on the Secretary’s approval of applications for the 

12 grants by the chief executive officials of those governments. 

13 (b) SPECIAL CONSIDERATIONS.—An innovation grant should be closely tied 

14 to goals, priorities, and implementation strategies expressed in local park and 

15 recreation recovery action programs, with particular regard to the special 

16 considerations listed in section 200504(c)(2) of this title. 

17 (c) TRANSFER.—If consistent with an approved application, a grant recipi18 ent may transfer a rehabilitation grant or innovation grant in whole or in 

19 part to an independent special purpose local government, private nonprofit 

20 agency, or county or regional park authority if the assisted recreation area 

21 or facility owned or managed by the transferree offers recreation opportunities 

22 to the general population within the jurisdictional boundaries of the grant re23 cipient. 

24 (d) PAYMENTS.—Payments may be made only for a rehabilitation project 

25 or innovation project that has been approved by the Secretary. Payments may 

26 be made from time to time in keeping with the rate of progress toward the 

27 satisfactory completion of the project, except that the Secretary, when appro28 priate, may make advance payments on an approved rehabilitation project 

29 or innovation project in an amount not to exceed 20 percent of the total 

30 project cost. 

31 (e) MODIFICATION OF PROJECT.—The Secretary may authorize modifica32 tion of an approved project only when a grant recipient adequately dem33 onstrates that the modification is necessary because of circumstances not fore34 seeable at the time at which the project was proposed. 

35 § 200504. Recovery action programs 

36 (a) EVIDENCE OF LOCAL COMMITMENT TO ONGOING PROGRAMS.—As a re37 quirement for project approval, local governments applying for assistance 

38 under this chapter shall submit to the Secretary evidence of their commit39 ments to ongoing planning, rehabilitation, service, operation, and mainte40 nance programs for their park and recreation systems. These commitments 

41 will be expressed in local park and recreation recovery action programs that 


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1 maximize coordination of all community resources, including other federally 

2 supported urban development and recreation programs. During an initial in3 terim period to be established by regulations under this chapter, this require4 ment may be satisfied by local government submissions of preliminary action 

5 programs that briefly define objectives, priorities, and implementation strate6 gies for overall system recovery and maintenance and commit the applicant 

7 to a scheduled program development process. Following this interim period, 

8 all local applicants shall submit to the Secretary, as a condition of eligibility, 

9 a 5-year action program for park and recreation recovery that satisfactorily 

10 demonstrates— 

11 (1) systematic identification of recovery objectives, priorities, and im12 plementation strategies; 

13 (2) adequate planning for rehabilitation of specific recreation areas 

14 and facilities, including projections of the cost of proposed projects; 

15 (3) the capacity and commitment to ensure that facilities provided or 

16 improved under this chapter shall continue to be adequately maintained, 

17 protected, staffed, and supervised; 

18 (4) the intention to maintain total local public outlays for park and 

19 recreation purposes at levels at least equal to those in the year preceding 

20 that in which grant assistance is sought except in any case where a re21 duction in park and recreation outlays is proportionate to a reduction 

22 in overall spending by the applicant; and 

23 (5) the relationship of the park and recreation recovery program to 

24 overall community development and urban revitalization efforts. 

25 (b) CONTINUING PLANNING PROCESS.—Where appropriate, the Secretary 

26 may encourage local governments to meet action program requirements 

27 through a continuing planning process that includes periodic improvements 

28 and updates in action program submissions to eliminate identified gaps in 

29 program information and policy development. 

30 (c) SPECIAL CONSIDERATIONS.—Action programs shall address, but are not 

31 limited to— 

32 (1) rehabilitation of existing recreational areas and facilities, includ33 ing— 

34 (A) general systemwide renovation; 

35 (B) special rehabilitation requirements for recreational areas and 

36 facilities in areas of high population concentration and economic 

37 distress; and 

38 (C) restoration of outstanding or unique structures, landscaping, 

39 or similar features in parks of historical or architectural signifi40 cance; and 


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1 (2) local commitments to innovative and cost-effective programs and 

2 projects at the neighborhood level to augment recovery of park and recre3 ation systems, including— 

4 (A) recycling of abandoned schools and other public buildings for 

5 recreational purposes; 

6 (B) multiple use of operating educational and other public build7 ings, purchase of recreation services on a contractual basis; 

8 (C) use of mobile facilities and recreational, cultural, and edu9 cational programs or other innovative approaches to improving ac10 cess for neighborhood residents; 

11 (D) integration of recovery program with federally assisted 

12 projects to maximize recreational opportunities through conversion 

13 of abandoned railroad and highway rights of way, waterfront, and 

14 other redevelopment efforts and such other federally assisted projects 

15 as may be appropriate; 

16 (E) conversion of recreation use of street space, derelict land, and 

17 other public land not now designated for neighborhood recreational 

18 use; and 

19 (F) use of various forms of compensated and uncompensated land 

20 regulation, tax inducements, or other means to encourage the pri21 vate sector to provide neighborhood park and recreation facilities 

22 and programs. 

23 (d) PUBLICATION IN FEDERAL REGISTER.—The Secretary shall establish 

24 and publish in the Federal Register requirements for preparation, submission, 

25 and updating of local park and recreation recovery action programs. 

26 (e) ELIGIBILITY FOR AT-RISK YOUTH RECREATION GRANTS.—To be eligi27 ble to receive at-risk youth recreation grants a local government shall amend 

28 its 5-year action program to incorporate the goal of reducing crime and juve29 nile delinquency and to provide a description of the implementation strategies 

30 to achieve this goal. The plan shall also address how the local government is 

31 coordinating its recreation programs with crime prevention efforts of law en32 forcement, juvenile corrections, and youth social service agencies. 

33 (f) MATCHING RECOVERY ACTION PROGRAM GRANTS.—The Secretary may 

34 provide up to 50 percent matching recovery action program grants to eligible 

35 local governments for program development and planning specifically to meet 

36 the objectives of this chapter. 

37 § 200505. State action 

38 (a) ADDITIONAL MATCH.—The Secretary may increase rehabilitation 

39 grants or innovation grants authorized in section 200503 of this title by pro40 viding an additional match equal to the total match provided by a State of 


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1 up to 15 percent of total project costs. The Federal matching amount shall 

2 not exceed 85 percent of total project cost. 

3 (b) ADEQUATE IMPLEMENTATION OF LOCAL RECOVERY PLANS.—The Sec4 retary shall encourage States to assist the Secretary in ensuring— 

5 (1) that local recovery plans and programs are adequately imple6 mented by cooperating with the Secretary in monitoring local park and 

7 recreation recovery plans and programs; and 

8 (2) consistency of the plans and programs, where appropriate, with 

9 State recreation policies as set forth in statewide comprehensive outdoor 

10 recreation plans. 

11 § 200506. Non-Federal share of project costs 

12 (a) SOURCES.— 

13 (1) ALLOWABLE SOURCES.—The non-Federal share of project costs as14 sisted under this chapter may be derived from general or special purpose 

15 State or local revenues, State categorical grants, special appropriations 

16 by State legislatures, donations of land, buildings, or building materials, 

17 and in-kind construction, technical, and planning services. Reasonable 

18 local costs of recovery action program development to meet the require19 ments of section 200504(a) of this title may be used as part of the local 

20 match only when the local government has not received a recovery action 

21 program grant. 

22 (2) NON-ALLOWABLE SOURCES.—No amount from the Land and Water 

23 Conservation Fund or from any other Federal grant program other than 

24 the community development block grant programs shall be used to match 

25 Federal grants under this program. 

26 (b) ENCOURAGEMENT OF STATES AND PRIVATE INTERESTS.—The Sec27 retary shall encourage States and private interests to contribute, to the max28 imum extent possible, to the non-Federal share of project costs. 

29 § 200507. Conversion of recreation property 

30 No property improved or developed with assistance under this chapter shall, 

31 without the approval of the Secretary, be converted to other than public recre32 ation uses. The Secretary shall approve such a conversion only if the Sec33 retary finds it to be in accord with the then-current local park and recreation 

34 recovery action program and only on such conditions as the Secretary con35 siders necessary to ensure the provision of adequate recreation properties and 

36 opportunities of reasonably equivalent location and usefulness. 

37 § 200508. Coordination of program 

38 The Secretary shall— 

39 (1) coordinate the urban park and recreation recovery program with 

40 the total urban recovery effort and cooperate to the fullest extent possible 

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1 grams and policies affecting urban areas, including programs in hous2 ing, urban development, natural resources management, employment, 

3 transportation, community services, and voluntary action; 

4 (2) encourage maximum coordination of the program between State 

5 agencies and local applicants; and 

6 (3) require that local applicants include provisions for participation 

7 of community and neighborhood residents and for public-private coordi8 nation in recovery planning and project selection. 

9 § 200509. Recordkeeping 

10 (a) IN GENERAL.—A recipient of assistance under this chapter shall keep 

11 such records as the Secretary shall prescribe, including— 

12 (1) records that disclose— 

13 (A) the amount and disposition of project undertakings in con14 nection with which assistance under this chapter is given or used; 

15 and 

16 (B) the amount and nature of the portion of the cost of the project 

17 or undertaking that is supplied by other sources; and 

18 (2) such other records as will facilitate an effective audit. 

19 (b) ACCESS.—The Secretary and the Comptroller General shall have access 

20 for the purpose of audit and examination to any records of the recipient that 

21 are pertinent to assistance received under this chapter. 

22 § 200510. Inapplicability of matching provisions 

23 Amounts authorized for Guam, American Samoa, the Virgin Islands, and 

24 the Northern Mariana Islands are not subject to the matching provisions of 

25 this chapter, and may be subject only to such conditions, reports, plans, and 

26 agreements, if any, as the Secretary may determine. 

27 § 200511. Funding limitations 

28 (a) LIMITATION OF FUNDS.—The amount of grants made under this chap29 ter for projects in any one State for any fiscal year shall not be more than 

30 15 percent of the amount made available for grants to all of the States for 

31 that fiscal year. 

32 (b) RECOVERY ACTION PROGRAM GRANTS.—Not more than 3 percent of the 

33 amount made available for grants under this chapter for a fiscal year shall 

34 be used for recovery action program grants. 

35 (c) INNOVATION GRANTS.—Not more than 10 percent of the amount made 

36 available for grants under this chapter for a fiscal year shall be used for inno37 vation grants. 

38 (d) PROGRAM SUPPORT.—Not more than 25 percent of the amount made 

39 available under this chapter to any local government shall be used for pro40 gram support. 


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1 (e) NO LAND ACQUISITION.—No funds made available under this chapter 

2 shall be used for the acquisition of land or an interest in land. 

3 Subtitle III—National Preservation 

4 Programs 

5 Division A—Historic Preservation 

6 Subdivision 1—General Provisions 

7 Chapter 3001—Policy 

Sec. 

300101. Policy. 

8 § 300101. Policy 

9 It is the policy of the Federal Government, in cooperation with other na10 tions and in partnership with States, local governments, Indian tribes, Native 

11 Hawaiian organizations, and private organizations and individuals, to— 

12 (1) use measures, including financial and technical assistance, to fos13 ter conditions under which our modern society and our historic property 

14 can exist in productive harmony and fulfill the social, economic, and 

15 other requirements of present and future generations; 

16 (2) provide leadership in the preservation of the historic property of 

17 the United States and of the international community of nations and 

18 in the administration of the national preservation program; 

19 (3) administer federally owned, administered, or controlled historic 

20 property in a spirit of stewardship for the inspiration and benefit of 

21 present and future generations; 

22 (4) contribute to the preservation of nonfederally owned historic prop23 erty and give maximum encouragement to organizations and individuals 

24 undertaking preservation by private means; 

25 (5) encourage the public and private preservation and utilization of 

26 all usable elements of the Nation’s historic built environment; and 

27 (6) assist State and local governments, Indian tribes and Native Ha28 waiian organizations, and the National Trust to expand and accelerate 

29 their historic preservation programs and activities. 

30 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. 


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300315. Preservation or historic preservation. 

300316. Secretary. 

300317. State. 

300318. State historic preservation review board. 

300319. Tribal land. 

300320. Undertaking. 

300321. World Heritage Convention. 

1 § 300301. Agency 

2 In this division, the term ‘‘agency’’ has the meaning given the term in sec3 tion 551 of title 5. 

4 § 300302. Certified local government 

5 In this division, the term ‘‘certified local government’’ means a local gov6 ernment whose local historic preservation program is certified pursuant to 

7 chapter 3025 of this title. 

8 § 300303. Council 

9 In this division, the term ‘‘Council’’ means the Advisory Council on His10 toric Preservation established by section 304101 of this title. 

11 § 300304. Cultural park 

12 In this division, the term ‘‘cultural park’’ means a definable area that— 

13 (A) is distinguished by historic property, prehistoric property, and 

14 land related to that property; and 

15 (B) constitutes an interpretive, educational, and recreational resource 

16 for the public at large. 

17 § 300305. Historic conservation district 

18 In this division, the term ‘‘historic conservation district’’ means an area 

19 that contains— 

20 (1) historic property; 

21 (2) buildings having similar or related architectural characteristics; 

22 (3) cultural cohesiveness; or 

23 (4) any combination of features described in paragraphs (1) to (3). 

24 § 300306. Historic Preservation Fund 

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

26 Preservation Fund established under section 303101 of this title. 

27 § 300307. Historic preservation review commission 

28 In this division, the term ‘‘historic preservation review commission’’ means 

29 a board, council, commission, or other similar collegial body— 

30 (1) that is established by State or local legislation as provided in sec31 tion 302503(a)(2) of this title; and 

32 (2) the members of which are appointed by the chief elected official 

33 of a jurisdiction (unless State or local law provides for appointment by 

34 another official) from among— 

35 (A) professionals in the disciplines of architecture, history, archi36 tectural history, planning, prehistoric and historic archeology, folk37 lore, cultural anthropology, curation, conservation, and landscape 


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1 architecture, or related disciplines, to the extent that those profes2 sionals are available in the community; and 

3 (B) other individuals who have demonstrated special interest, ex4 perience, or knowledge in history, architecture, or related disciplines 

5 and will provide for an adequate and qualified commission. 

6 § 300308. Historic property 

7 In this division, the term ‘‘historic property’’ means any prehistoric or his8 toric dustruct, site, building, structure, or object included on, or eligible for 

9 inclusion on, the National Register, including artifacts, records, and material 

10 remains relating to the district, site, building, structure, or object. 

11 § 300309. Indian tribe 

12 In this division, the term ‘‘Indian tribe’’ means an Indian tribe, band, na13 tion, or other organized group or community, including a Native village, Re14 gional Corporation or Village Corporation (as those terms are defined in sec15 tion 3 of the Alaska Native Claims Settlement Act (43 U.S.C. 1602)), that 

16 is recognized as eligible for the special programs and services provided by the 

17 United States to Indians because of their status as Indians. 

18 § 300310. Local government 

19 In this division, the term ‘‘local government’’ means a city, county, town20 ship, municipality, or borough, or any other general purpose political sub21 division of any State. 

22 § 300311. National Register 

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

24 of Historic Places maintained under chapter 3021 of this title. 

25 § 300312. National Trust 

26 In this division, the term ‘‘National Trust’’ means the National Trust for 

27 Historic Preservation in the United States established under section 312102 

28 of this title. 

29 § 300313. Native Hawaiian 

30 In this division, the term ‘‘Native Hawaiian’’ means any individual who 

31 is a descendant of the aboriginal people who, prior to 1778, occupied and ex32 ercised sovereignty in the area that now constitutes Hawaii. 

33 § 300314. Native Hawaiian organization 

34 (a) IN GENERAL.—In this division, the term ‘‘Native Hawaiian organiza35 tion’’ means any organization that— 

36 (1) serves and represents the interests of Native Hawaiians; 

37 (2) has as a primary and stated purpose the provision of services to 

38 Native Hawaiians; and 

39 (3) has demonstrated expertise in aspects of historic preservation that 

40 are culturally significant to Native Hawaiians. 


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1 (b) INCLUSIONS.—In this division, the term ‘‘Native Hawaiian organiza2 tion’’ includes the Office of Hawaiian Affairs of Hawaii and Hui Malama 

3 I Na Kupuna O Hawai’i Nei, an organization incorporated under the laws 

4 of the State of Hawaii. 

5 § 300315. Preservation or historic preservation 

6 In this division, the term ‘‘preservation’’ or ‘‘historic preservation’’ in7 cludes— 

8 (1) identification, evaluation, recordation, documentation, curation, 

9 acquisition, protection, management, rehabilitation, restoration, sta10 bilization, maintenance, research, interpretation, and conservation; 

11 (2) education and training regarding the foregoing activities; or 

12 (3) any combination of the foregoing activities. 

13 § 300316. Secretary 

14 In this division, the term ‘‘Secretary’’ means the Secretary acting through 

15 the Director. 

16 § 300317. State 

17 In this division, the term ‘‘State’’ means— 

18 (1) a State, the District of Columbia, Puerto Rico, Guam, American 

19 Samoa, the Virgin Islands, and the Northern Mariana Islands; and 

20 (2) the Republic of the Marshall Islands, the Federated States of Mi21 cronesia, and the Republic of Palau. 

22 § 300318. State historic preservation review board 

23 In this division, the term ‘‘State historic preservation review board’’ means 

24 a board, council, commission, or other similar collegial body established as 

25 provided in section 302301(2) of this title— 

26 (1) the members of which are appointed by the State Historic Preser27 vation Officer (unless otherwise provided for by State law); 

28 (2) a majority of the members of which are professionals qualified in 

29 history, prehistoric and historic archeology, architectural history, archi30 tecture, folklore, cultural anthropology, curation, conservation, landscape 

31 architecture, and related disciplines; and 

32 (3) that has the authority to— 

33 (A) review National Register nominations and appeals from 

34 nominations; 

35 (B) review appropriate documentation submitted in conjunction 

36 with the Historic Preservation Fund; 

37 (C) provide general advice and guidance to the State Historic 

38 Preservation Officer; and 

39 (D) perform such other duties as may be appropriate. 

40 § 300319. Tribal land 

41 In this division, the term ‘‘tribal land’’ means— 


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1 (1) all land within the exterior boundaries of any Indian reservation; 

2 and 

3 (2) all dependent Indian communities. 

4 § 300320. Undertaking 

5 In this division, the term ‘‘undertaking’’ means a project, activity, or pro6 gram funded in whole or in part under the direct or indirect jurisdiction of 

7 a Federal agency, including— 

8 (1) those carried out by or on behalf of the Federal agency; 

9 (2) those carried out with Federal financial assistance; 

10 (3) those requiring a Federal permit, license, or approval; and 

11 (4) those subject to State or local regulation administered pursuant to 

12 a delegation or approval by a Federal agency. 

13 § 300321. World Heritage Convention 

14 In this division, the term ‘‘World Heritage Convention’’ means the Conven15 tion concerning the Protection of the World Cultural and Natural Heritage, 

16 done at Paris November 23, 1972 (27 UST 37). 

17 Subdivision 2—Historic Preservation 

18 Program 

19 Chapter 3021—National Register of 

20 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. 

21 § 302101. Maintenance by Secretary 

22 The Secretary may expand and maintain a National Register of Historic 

23 Places composed of districts, sites, buildings, structures, and objects signifi24 cant in American history, architecture, archeology, engineering, and culture. 

25 § 302102. Inclusion of properties on National Register 

26 (a) IN GENERAL.—A property that meets the criteria for National Historic 

27 Landmarks established pursuant to section 302103 of this title shall be des28 ignated as a National Historic Landmark and included on the National Reg29 ister, subject to the requirements of section 302107 of this title. 

30 (b) HISTORIC PROPERTY ON NATIONAL REGISTER ON DECEMBER 12, 

31 1980.—All historic property included on the National Register on December 

32 12, 1980, shall be deemed to be included on the National Register as of their 

33 initial listing for purposes of this division. 

34 (c) HISTORIC PROPERTY LISTED IN FEDERAL REGISTER OF FEBRUARY 6, 

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1 MARKS.—All historic property listed in the Federal Register of February 6, 

2 1979, or prior to December 12, 1980, as National Historic Landmarks are 

3 declared by Congress to be National Historic Landmarks of national historic 

4 significance as of their initial listing in the Federal Register for purposes of 

5 this division and chapter 3201 of this title, except that in the case of a Na6 tional Historic Landmark district for which no boundaries had been estab7 lished as of December 12, 1980, boundaries shall first be published in the Fed8 eral Register. 

9 § 302103. Criteria and regulations relating to National Reg10 ister, National Historic Landmarks, and World 

11 Heritage List 

12 The Secretary, in consultation with national historical and archeological 

13 associations, shall— 

14 (1) establish criteria for properties to be included on the National Reg15 ister and criteria for National Historic Landmarks; and 

16 (2) promulgate regulations for— 

17 (A) nominating properties for inclusion on, and removal from, 

18 the National Register and the recommendation of properties by cer19 tified local governments; 

20 (B) designating properties as National Historic Landmarks and 

21 removing that designation; 

22 (C) considering appeals from recommendations, nominations, re23 movals, and designations (or any failure or refusal by a nominating 

24 authority to nominate or designate); 

25 (D) nominating historic property for inclusion in the World Her26 itage List in accordance with the World Heritage Convention; 

27 (E) making determinations of eligibility of properties for inclu28 sion on the National Register; and 

29 (F) notifying the owner of a property, any appropriate local gov30 ernments, and the general public, when the property is being consid31 ered for inclusion on the National Register, for designation as a Na32 tional Historic Landmark, or for nomination to the World Heritage 

33 List. 

34 § 302104. Nominations for inclusion on National Register 

35 (a) NOMINATION BY STATE.—Subject to the requirements of section 302107 

36 of this title, any State that is carrying out a program approved under chap37 ter 3023 shall nominate to the Secretary property that meets the criteria pro38 mulgated under section 302103 of this title for inclusion on the National Reg39 ister. Subject to section 302107 of this title, any property nominated under 

40 this subsection or under section 306102 of this title shall be included on the 

41 National Register on the date that is 45 days after receipt by the Secretary 


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1 of the nomination and the necessary documentation, unless the Secretary dis2 approves the nomination within the 45-day period or unless an appeal is filed 

3 under subsection (c). 

4 (b) NOMINATION BY PERSON OR LOCAL GOVERNMENT.—Subject to the re5 quirements of section 302107 of this title, the Secretary may accept a nomina6 tion directly from any person or local government for inclusion of a property 

7 on the National Register only if the property is located in a State where there 

8 is no program approved under chapter 3023 of this title. The Secretary may 

9 include on the National Register any property for which such a nomination 

10 is made if the Secretary determines that the property is eligible in accordance 

11 with the regulations promulgated under section 302103 of this title. The deter12 mination shall be made within 90 days from the date of the nomination un13 less the nomination is appealed under subsection (c). 

14 (c) APPEAL.—Any person or local government may appeal to the Sec15 retary— 

16 (1) a nomination of any property for inclusion on the National Reg17 ister; and 

18 (2) the failure of a nominating authority to nominate a property in 

19 accordance with this chapter. 

20 § 302105. Owner participation in nomination process 

21 (a) REGULATIONS.—The Secretary shall promulgate regulations requiring 

22 that before any property may be included on the National Register or des23 ignated as a National Historic Landmark, the owner of the property, or a 

24 majority of the owners of the individual properties within a district in the 

25 case of a historic district, shall be given the opportunity (including a reason26 able period of time) to concur in, or object to, the nomination of the property 

27 for inclusion or designation. The regulations shall include provisions to carry 

28 out this section in the case of multiple ownership of a single property. 

29 (b) WHEN PROPERTY SHALL NOT BE INCLUDED ON NATIONAL REGISTER

30 OR DESIGNATED AS NATIONAL HISTORIC LANDMARK.—If the owner of any 

31 privately owned property, or a majority of the owners of privately owned 

32 properties within the district in the case of a historic district, object to inclu33 sion or designation, the property shall not be included on the National Reg34 ister or designated as a National Historic Landmark until the objection is 

35 withdrawn. 

36 (c) REVIEW BY SECRETARY.—The Secretary shall review the nomination of 

37 the property when an objection has been made and shall determine whether 

38 or not the property is eligible for inclusion or designation. If the Secretary 

39 determines that the property is eligible for inclusion or designation, the Sec40 retary shall inform the Advisory Council on Historic Preservation, the appro41 priate State Historic Preservation Officer, the appropriate chief elected local 


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1 official, and the owner or owners of the property of the Secretary’s determina2 tion. 

3 § 302106. Retention of name 

4 Notwithstanding section 43(c) of the Act of July 5, 1946 (known as the 

5 Trademark Act of 1946) (15 U.S.C. 1125(c)), buildings and structures on or 

6 eligible for inclusion on the National Register (either individually or as part 

7 of a historic district), or designated as an individual landmark or as a con8 tributing building in a historic district by a unit of State or local govern9 ment, may retain the name historically associated with the building or struc10 ture. 

11 § 302107. Regulations 

12 The Secretary shall promulgate regulations— 

13 (1) ensuring that significant prehistoric and historic artifacts, and as14 sociated records, subject to subchapter I of chapter 3061, chapter 3125, 

15 or the Archaeological Resources Protection Act of 1979 (16 U.S.C. 470aa 

16 et seq.) are deposited in an institution with adequate long-term curato17 rial capabilities; 

18 (2) establishing a uniform process and standards for documenting his19 toric property by public agencies and private parties for purposes of in20 corporation into, or complementing, the national historical architectural 

21 and engineering records in the Library of Congress; and 

22 (3) certifying local governments, in accordance with sections 302502 

23 and 302503 of this title, and for the transfer of funds pursuant to section 

24 302902(c)(4) of this title. 

25 § 302108. Review of threats to historic property 

26 At least once every 4 years, the Secretary, in consultation with the Council 

27 and with State Historic Preservation Officers, shall review significant threats 

28 to historic property to— 

29 (1) determine the kinds of historic property that may be threatened; 

30 (2) ascertain the causes of the threats; and 

31 (3) develop and submit to the President and Congress recommenda32 tions for appropriate action. 

33 Chapter 3023—State Historic Preservation 

34 Programs 

Sec. 

302301. Regulations. 

302302. Program evaluation. 

302303. Responsibilities of State Historic Preservation Officer. 

302304. Contracts and cooperative agreements. 

35 § 302301. Regulations 

36 The Secretary, in consultation with the National Conference of State His37 toric Preservation Officers and the National Trust, shall promulgate regula38 tions for State Historic Preservation Programs. The regulations shall provide 


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1 that a State program submitted to the Secretary under this chapter shall be 

2 approved by the Secretary if the Secretary determines that the program pro3 vides for— 

4 (1) the designation and appointment by the chief elected official of the 

5 State of a State Historic Preservation Officer to administer the program 

6 in accordance with section 302303 of this title and for the employment 

7 or appointment by the officer of such professionally qualified staff as 

8 may be necessary for those purposes; 

9 (2) an adequate and qualified State historic preservation review board 

10 designated by the State Historic Preservation Officer unless otherwise 

11 provided for by State law; and 

12 (3) adequate public participation in the State Historic Preservation 

13 Program, including the process of recommending properties for nomina14 tion to the National Register. 

15 § 302302. Program evaluation 

16 (a) WHEN EVALUATION SHOULD OCCCUR.—Periodically, but not less than 

17 every 4 years after the approval of any State program under section 302301 

18 of this title, the Secretary, in consultation with the Council on the appro19 priate provisions of this division, and in cooperation with the State Historic 

20 Preservation Officer, shall evaluate the program to determine whether it is 

21 consistent with this division. 

22 (b) DISAPPROVAL OF PROGRAM.—If, at any time, the Secretary determines 

23 that a major aspect of a State program is not consistent with this division, 

24 the Secretary shall disapprove the program and suspend in whole or in part 

25 any contracts or cooperative agreements with the State and the State Historic 

26 Preservation Officer under this division, until the program is consistent with 

27 this division, unless the Secretary determines that the program will be made 

28 consistent with this division within a reasonable period of time. 

29 (c) OVERSIGHT.—The Secretary, in consultation with State Historic Pres30 ervation Officers, shall establish oversight methods to ensure State program 

31 consistency and quality without imposing undue review burdens on State 

32 Historic Preservation Officers. 

33 (d) STATE FISCAL AUDIT AND MANAGEMENT SYSTEM.— 

34 (1) SUBSTITUTION FOR COMPARABLE FEDERAL SYSTEMS.—At the dis35 cretion of the Secretary, a State system of fiscal audit and management 

36 may be substituted for comparable Federal systems so long as the State 

37 system— 

38 (A) establishes and maintains substantially similar account39 ability standards; and 

40 (B) provides for independent professional peer review. 

41 (2) FISCAL AUDITS AND REVIEW BY SECRETARY.—The Secretary— 


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1 (A) may conduct periodic fiscal audits of State programs ap2 proved under this subdivision as needed; and 

3 (B) shall ensure that the programs meet applicable accountability 

4 standards. 

5 § 302303. Responsibilities of State Historic Preservation Offi6 cer 

7 (a) IN GENERAL.—It shall be the responsibility of the State Historic Pres8 ervation Officer to administer the State Historic Preservation Program. 

9 (b) PARTICULAR RESPONSIBILITIES.—It shall be the responsibility of the 

10 State Historic Preservation Officer to— 

11 (1) in cooperation with Federal and State agencies, local governments, 

12 and private organizations and individuals, direct and conduct a com13 prehensive statewide survey of historic property and maintain inven14 tories of the property; 

15 (2) identify and nominate eligible property to the National Register 

16 and otherwise administer applications for listing historic property on the 

17 National Register; 

18 (3) prepare and implement a comprehensive statewide historic preser19 vation plan; 

20 (4) administer the State program of Federal assistance for historic 

21 preservation within the State; 

22 (5) advise and assist, as appropriate, Federal and State agencies and 

23 local governments in carrying out their historic preservation responsibil24 ities; 

25 (6) cooperate with the Secretary, the Council, other Federal and State 

26 agencies, local governments, and private organizations and individuals 

27 to ensure that historic property is taken into consideration at all levels 

28 of planning and development; 

29 (7) provide public information, education, and training and technical 

30 assistance in historic preservation; 

31 (8) cooperate with local governments in the development of local his32 toric preservation programs and assist local governments in becoming 

33 certified pursuant to chapter 3025; 

34 (9) consult with appropriate Federal agencies in accordance with this 

35 division on— 

36 (A) Federal undertakings that may affect historic property; and 

37 (B) the content and sufficiency of any plans developed to protect, 

38 manage, or reduce or mitigate harm to that property; and 

39 (10) advise and assist in the evaluation of proposals for rehabilitation 

40 projects that may qualify for Federal assistance. 


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1 § 302304. Contracts and cooperative agreements 

2 (a) STATE.—A State may carry out all or any part of its responsibilities 

3 under this chapter by contract or cooperative agreement with a qualified non4 profit organization or educational institution. 

5 (b) SECRETARY.— 

6 (1) IN GENERAL.— 

7 (A) AUTHORITY TO ASSIST SECRETARY.—Subject to paragraphs 

8 (3) and (4), the Secretary may enter into contracts or cooperative 

9 agreements with a State Historic Preservation Officer for any State 

10 authorizing the Officer to assist the Secretary in carrying out one 

11 or more of the following responsibilities within that State: 

12 (i) Identification and preservation of historic property. 

13 (ii) Determination of the eligibility of property for listing on 

14 the National Register. 

15 (iii) Preparation of nominations for inclusion on the Na16 tional Register. 

17 (iv) Maintenance of historical and archeological data bases. 

18 (v) Evaluation of eligibility for Federal preservation incen19 tives. 

20 (B) AUTHORITY TO MAINTAIN NATIONAL REGISTER.—Nothing in 

21 subparagraph (A) shall be construed to provide that any State His22 toric Preservation Officer or any other person other than the Sec23 retary shall have the authority to maintain the National Register 

24 for properties in any State. 

25 (2) REQUIREMENTS.—The Secretary may enter into a contract or co26 operative agreement under paragraph (1) only if— 

27 (A) the State Historic Preservation Officer has requested the ad28 ditional responsibility; 

29 (B) the Secretary has approved the State historic preservation 

30 program pursuant to sections 302301 and 302302 of this title; 

31 (C) the State Historic Preservation Officer agrees to carry out the 

32 additional responsibility in a timely and efficient manner accept33 able to the Secretary and the Secretary determines that the Officer 

34 is fully capable of carrying out the responsibility in that manner; 

35 (D) the State Historic Preservation Officer agrees to permit the 

36 Secretary to review and revise, as appropriate in the discretion of 

37 the Secretary, decisions made by the Officer pursuant to the con38 tract or cooperative agreement; and 

39 (E) the Secretary and the State Historic Preservation Officer 

40 agree on the terms of additional financial assistance to the State, 

41 if there is to be any, for the costs of carrying out that responsibility. 


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1 (3) ESTABLISH CONDITIONS AND CRITERIA.—For each significant pro2 gram area under the Secretary’s authority, the Secretary shall establish 

3 specific conditions and criteria essential for the assumption by a State 

4 Historic Preservation Officer of the Secretary’s duties in each of those 

5 programs. 

6 (4) PRESERVATION PROGRAMS AND ACTIVITIES NOT DIMINISHED.— 

7 Nothing in this chapter shall have the effect of diminishing the preserva8 tion programs and activities of the Service. 

9 Chapter 3025—Certification of Local 

10 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. 

11 § 302501. Definitions 

12 In this chapter: 

13 (1) DESIGNATION.—The term ‘‘designation’’ means the identification 

14 and registration of property for protection that meets criteria established 

15 by a State or locality for significant historic property within the juris16 diction of a local government. 

17 (2) PROTECTION.—The term ‘‘protection’’ means protection by means 

18 of a local review process under State or local law for proposed demolition 

19 of, changes to, or other action that may affect historic property des20 ignated pursuant to this chapter. 

21 § 302502. Certification as part of State program 

22 Any State program approved under this subdivision shall provide a mecha23 nism for the certification by the State Historic Preservation Officer of local 

24 governments to carry out the purposes of this division and provide for the 

25 transfer, in accordance with section 302902(c)(4) of this title, of a portion 

26 of the grants received by the States under this division, to those local govern27 ments. 

28 § 302503. Requirements for certification 

29 (a) APPROVED STATE PROGRAM.—Any local government shall be certified 

30 to participate under this section if the applicable State Historic Preservation 

31 Officer, and the Secretary, certify that the local government— 

32 (1) enforces appropriate State or local legislation for the designation 

33 and protection of historic property; 

34 (2) has established an adequate and qualified historic preservation re35 view commission by State or local legislation; 

36 (3) maintains a system for the survey and inventory of historic prop37 erty that furthers the purposes of chapter 3023; 


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1 (4) provides for adequate public participation in the local historic 

2 preservation program, including the process of recommending properties 

3 for nomination to the National Register; and 

4 (5) satisfactorily performs the responsibilities delegated to it under 

5 this division. 

6 (b) NO APPROVED STATE PROGRAM.—Where there is no State program ap7 proved under sections 302301 and 302302 of this title, a local government 

8 may be certified by the Secretary if the Secretary determines that the local 

9 government meets the requirements of subsection (a). The Secretary may make 

10 grants to the local government certified under this subsection for purposes of 

11 this subdivision. 

12 § 302504. Participation of certified local governments in Na13 tional Register nominations 

14 (a) NOTICE.—Before a property within the jurisdiction of a certified local 

15 government may be considered by a State to be nominated to the Secretary 

16 for inclusion on the National Register, the State Historic Preservation Officer 

17 shall notify the owner, the applicable chief local elected official, and the local 

18 historic preservation commission. 

19 (b) REPORT.—The local historic preservation commission, after reasonable 

20 opportunity for public comment, shall prepare a report as to whether the 

21 property, in the Commission’s opinion, meets the criteria of the National Reg22 ister. Within 60 days of notice from the State Historic Preservation Officer, 

23 the chief local elected official shall transmit the report of the commission and 

24 the recommendation of the local official to the State Historic Preservation Of25 ficer. 

26 (c) RECOMMENDATION.— 

27 (1) PROPERTY NOMINATED TO NATIONAL REGISTER.—Except as pro28 vided in paragraph (2), after receipt of the report and recommendation, 

29 or if no report and recommendation are received within 60 days, the 

30 State shall make the nomination pursuant to section 302104 of this title. 

31 The State may expedite the process with the concurrence of the certified 

32 local government. 

33 (2) PROPERTY NOT NOMINATED TO NATIONAL REGISTER.—If both the 

34 commission and the chief local elected official recommend that a property 

35 not be nominated to the National Register, the State Historic Preserva36 tion Officer shall take no further action, unless, within 30 days of the 

37 receipt of the recommendation by the State Historic Preservation Officer, 

38 an appeal is filed with the State. If an appeal is filed, the State shall 

39 follow the procedures for making a nomination pursuant to section 

40 302104 of this title. Any report and recommendations made under this 


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1 section shall be included with any nomination submitted by the State 

2 to the Secretary. 

3 § 302505. Eligibility and responsibility of certified local gov4 ernment 

5 Any local government— 

6 (1) that is certified under this chapter shall be eligible for funds under 

7 section 302902(c)(4) of this title; and 

8 (2) that is certified, or making efforts to become certified, under this 

9 chapter shall carry out any responsibilities delegated to it in accordance 

10 with such terms and conditions as the Secretary considers necessary or 

11 advisable. 

12 Chapter 3027—Historic Preservation Pro13 grams and Authorities for Indian Tribes 

14 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. 

15 § 302701. Program to assist Indian tribes in preserving his16 toric property 

17 (a) ESTABLISHMENT OF PROGRAM.—The Secretary shall establish a pro18 gram and promulgate regulations to assist Indian tribes in preserving their 

19 historic property. 

20 (b) COMMUNICATION AND COOPERATION.—The Secretary shall foster com21 munication and cooperation between Indian tribes and State Historic Preser22 vation Officers in the administration of the national historic preservation 

23 program to— 

24 (1) ensure that all types of historic property and all public interests 

25 in historic property are given due consideration; and 

26 (2) encourage coordination among Indian tribes, State Historic Pres27 ervation Officers, and Federal agencies in historic preservation planning 

28 and in the identification, evaluation, protection, and interpretation of 

29 historic property. 

30 (c) TRIBAL VALUES.—The program under subsection (a) shall be developed 

31 in a manner to ensure that tribal values are taken into account to the extent 

32 feasible. The Secretary may waive or modify requirements of this subdivision 

33 to conform to the cultural setting of tribal heritage preservation goals and ob34 jectives. 

35 (d) SCOPE OF TRIBAL PROGRAMS.—The tribal programs implemented by 

36 specific tribal organizations may vary in scope, as determined by each Indian 

37 tribe’s chief governing authority. 


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

2 Federal agencies, State Historic Preservations Officers, and other interested 

3 parties concerning the program under subsection (a). 

4 § 302702. Indian tribe to assume functions of State Historic 

5 Preservation Officer 

6 An Indian tribe may assume all or any part of the functions of a State 

7 Historic Preservation Officer in accordance with sections 302302 and 302303 

8 of this title, with respect to tribal land, as those responsibilities may be modi9 fied for tribal programs through regulations issued by the Secretary, if— 

10 (1) the Indian tribe’s chief governing authority so requests; 

11 (2) the Indian tribe designates a tribal preservation official to admin12 ister the tribal historic preservation program, through appointment by 

13 the Indian tribe’s chief governing authority or as a tribal ordinance may 

14 otherwise provide; 

15 (3) the tribal preservation official provides the Secretary with a plan 

16 describing how the functions the tribal preservation official proposes to 

17 assume will be carried out; 

18 (4) the Secretary determines, after consulting with the Indian tribe, 

19 the appropriate State Historic Preservation Officer, the Council (if the 

20 Indian tribe proposes to assume the functions of the State Historic Pres21 ervation Officer with respect to review of undertakings under section 

22 306108 of this title), and other Indian tribes, if any, whose tribal or ab23 original land may be affected by conduct of the tribal preservation pro24 gram, that— 

25 (A) the tribal preservation program is fully capable of carrying 

26 out the functions specified in the plan provided under paragraph 

27 (3); 

28 (B) the plan defines the remaining responsibilities of the Sec29 retary and the State Historic Preservation Officer; and 

30 (C) the plan provides, with respect to properties neither owned 

31 by a member of the Indian tribe nor held in trust by the Secretary 

32 for the benefit of the Indian tribe, at the request of the owner of the 

33 properties, that the State Historic Preservation Officer, in addition 

34 to the tribal preservation official, may exercise the historic preserva35 tion responsibilities in accordance with sections 302302 and 302303 

36 of this title; and 

37 (5) based on satisfaction of the conditions stated in paragraphs (1), 

38 (2), (3), and (4), the Secretary approves the plan. 

39 § 302703. Apportionment of grant funds 

40 In consultation with interested Indian tribes, other Native American orga41 nizations, and affected State Historic Preservation Officers, the Secretary 


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1 shall establish and implement procedures for carrying out section 

2 302902(c)(1)(A) of this title with respect to tribal programs that assume re3 sponsibilities under section 302702 of this title. 

4 § 302704. Contracts and cooperative agreements 

5 At the request of an Indian tribe whose preservation program has been ap6 proved to assume functions and responsibilities pursuant to section 302702 

7 of this title, the Secretary shall enter into a contract or cooperative agreement 

8 with the Indian tribe permitting the assumption by the Indian tribe of any 

9 part of the responsibilities described in section 302304(b) of this title on tribal 

10 land, if— 

11 (1) the Secretary and the Indian tribe agree on additional financial 

12 assistance, if any, to the Indian tribe for the costs of carrying out those 

13 authorities; 

14 (2) the Secretary finds that the tribal historic preservation program 

15 has been demonstrated to be sufficient to carry out the contract or coop16 erative agreement and this division; and 

17 (3) the contract or cooperative agreement specifies the continuing re18 sponsibilities of the Secretary or of the appropriate State Historic Pres19 ervation Officers and provides for appropriate participation by— 

20 (A) the Indian tribe’s traditional cultural authorities; 

21 (B) representatives of other Indian tribes whose traditional land 

22 is under the jurisdiction of the Indian tribe assuming responsibil23 ities; and 

24 (C) the interested public. 

25 § 302705. Agreement for review under tribal historic preser26 vation regulations 

27 The Council may enter into an agreement with an Indian tribe to permit 

28 undertakings on tribal land to be reviewed under tribal historic preservation 

29 regulations in place of review under regulations promulgated by the Council 

30 to govern compliance with section 306108 of this title, if the Council, after 

31 consultation with the Indian tribe and appropriate State Historic Preserva32 tion Officers, determines that the tribal preservation regulations will afford 

33 historic property consideration equivalent to that afforded by the Council’s 

34 regulations. 

35 § 302706. Eligibility for inclusion on National Register 

36 (a) IN GENERAL.—Property of traditional religious and cultural impor37 tance to an Indian tribe or Native Hawaiian organization may be deter38 mined to be eligible for inclusion on the National Register. 

39 (b) CONSULTATION.—In carrying out its responsibilities under section 

40 306108 of this title, a Federal agency shall consult with any Indian tribe or 


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1 Native Hawaiian organization that attaches religious and cultural signifi2 cance to property described in subsection (a). 

3 (c) HAWAII.—In carrying out responsibilities under section 302303 of this 

4 title, the State Historic Preservation Officer for Hawaii shall— 

5 (1) consult with Native Hawaiian organizations in assessing the cul6 tural significance of any property in determining whether to nominate 

7 the property to the National Register; 

8 (2) consult with Native Hawaiian organizations in developing the cul9 tural component of a preservation program or plan for the property; and 

10 (3) enter into a memorandum of understanding or agreement with Na11 tive Hawaiian organizations for the assessment of the cultural signifi12 cance of a property in determining whether to nominate the property to 

13 the National Register and to carry out the cultural component of the 

14 preservation program or plan. 

15 Chapter 3029—Grants 

Sec. 

302901. Awarding of grants and availability of grant funds. 

302902. Grants to States. 

302903. Grants to National Trust. 

302904. Direct grants for the preservation of properties included on National Register. 

302905. Religious property. 

302906. Grants and loans to Indian tribes and nonprofit organizations representing ethnic or 

minority groups. 

302907. Grants to Indian tribes and Native Hawaiian organizations. 

302908. Grants to the Federated States of Micronesia, the Republic of the Marshall Islands, and 

the Republic of Palau. 

302909. Prohibited use of grant amounts. 

302910. Recordkeeping. 

16 § 302901. Awarding of grants and availability of grant funds 

17 (a) IN GENERAL.—No grant may be made under this division unless appli18 cation for the grant is submitted to the Secretary in accordance with regula19 tions and procedures prescribed by the Secretary. 

20 (b) GRANT NOT TREATED AS TAXABLE INCOME.—No grant made pursuant 

21 to this division shall be treated as taxable income for purposes of the Internal 

22 Revenue Code of 1986 (26 U.S.C. 1 et seq). 

23 (c) AVAILABILITY.—The Secretary shall make funding available to indi24 vidual States and the National Trust as soon as practicable after execution 

25 of a grant agreement. For purposes of administration, grants to individual 

26 States and the National Trust each shall be deemed to be one grant and shall 

27 be administered by the Service as one grant. 

28 § 302902. Grants to States 

29 (a) IN GENERAL.—The Secretary shall administer a program of matching 

30 grants to the States for the purposes of carrying out this division. 

31 (b) CONDITIONS.— 

32 (1) In general.—No grant may be made under this division— 


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1 (A) unless the application is in accordance with the comprehen2 sive statewide historic preservation plan that has been approved by 

3 the Secretary after considering its relationship to the comprehensive 

4 statewide outdoor recreation plan prepared pursuant to chapter 

5 2003 of this title; 

6 (B) unless the grantee has agreed to make reports, in such form 

7 and containing such information, as the Secretary may from time 

8 to time require; 

9 (C) unless the grantee has agreed to assume, after completion of 

10 the project, the total cost of the continued maintenance, repair, and 

11 administration of the property in a manner satisfactory to the Sec12 retary; or 

13 (D) until the grantee has complied with such further terms and 

14 conditions as the Secretary may consider necessary or advisable. 

15 (2) WAIVER.—The Secretary may waive the requirements of subpara16 graphs (A) and (C) of paragraph (1) for any grant under this division 

17 to the National Trust. 

18 (3) AMOUNT LIMITATION.— 

19 (A) IN GENERAL.—No grant may be made under this division for 

20 more than 60 percent of the aggregate costs of carrying out projects 

21 and programs under the administrative control of the State Historic 

22 Preservation Officer as specified in section 302303 of this title in 

23 any one fiscal year. 

24 (B) SOURCE OF STATE SHARE OF COSTS.—Except as permitted 

25 by other law, the State share of the costs referred to in subpara26 graph (A) shall be contributed by non-Federal sources. 

27 (4) RESTRICTION ON USE OF REAL PROPERTY TO MEET NON-FED28 ERAL SHARE OF COST OF PROJECT.—No State shall be permitted to uti29 lize the value of real property obtained before October 15, 1966, in meet30 ing the non-Federal share of the cost of a project for which a grant is 

31 made under this division. 

32 (c) APPORTIONMENT OF GRANT AMOUNTS

33 (1) BASES FOR APPORTIONMENT.—The amounts appropriated and 

34 made available for grants to the States— 

35 (A) for the purposes of this division shall be apportioned among 

36 the States by the Secretary on the basis of needs as determined by 

37 the Secretary; and 

38 (B) for projects and programs under this division for each fiscal 

39 year shall be apportioned among the States as the Secretary deter40 mines to be appropriate. 


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1 (2) NOTIFICATION.—The Secretary shall notify each State of its appor2 tionment under paragraph (1)(B) within 30 days after the date of enact3 ment of legislation appropriating funds under this division. 

4 (3) REAPPORTIONMENT.—Any amount of any apportionment that has 

5 not been paid or obligated by the Secretary during the fiscal year in 

6 which the notification is given or during the 2 fiscal years after that fis7 cal year shall be reapportioned by the Secretary in accordance with 

8 paragraph (1)(B). The Secretary shall analyze and revise as necessary 

9 the method of apportionment. The method and any revision shall be pub10 lished by the Secretary in the Federal Register. 

11 (4) TRANSFER OF FUNDS TO CERTIFIED LOCAL GOVERNMENTS.—Not 

12 less than 10 percent of the annual apportionment distributed by the Sec13 retary to each State for the purposes of carrying out this division shall 

14 be transferred by the State, pursuant to the requirements of this division, 

15 to certified local governments for historic preservation projects or pro16 grams of the certified local governments. In any year in which the total 

17 annual apportionment to the States exceeds $65,000,000, 50 percent of 

18 the excess shall also be transferred by the States to certified local govern19 ments. 

20 (5) GUIDELINES FOR USE AND DISTRIBUTION OF FUNDS TO CERTIFIED

21 LOCAL GOVERNMENTS.—The Secretary shall establish guidelines for the 

22 use and distribution of funds under paragraph (4) to ensure that no cer23 tified local government receives a disproportionate share of the funds 

24 available, and may include a maximum or minimum limitation on the 

25 amount of funds distributed to any single certified local government. The 

26 guidelines shall not limit the ability of any State to distribute more than 

27 10 percent of its annual apportionment under paragraph (4), nor shall 

28 the Secretary require any State to exceed the 10 percent minimum dis29 tribution to certified local governments. 

30 (d) ADMINISTRATIVE COSTS.—The total direct and indirect administrative 

31 costs charged for carrying out State projects and programs shall not exceed 

32 25 percent of the aggregate costs (except in the case of a grant to the Fed33 erated States of Micronesia, the Republic of the Marshall Islands, or the Re34 public of Palau). 

35 § 302903. Grants to National Trust 

36 (a) SECRETARY OF THE INTERIOR.—The Secretary may administer grants 

37 to the National Trust consistent with the purposes of its charter and this divi38 sion. 

39 (b) SECRETARY OF HOUSING AND URBAN DEVELOPMENT.—The Secretary 

40 of Housing and Urban Development may make grants to the National Trust, 

41 on terms and conditions and in amounts (not exceeding $90,000 with respect 


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1 to any one structure) as the Secretary of Housing and Urban Development 

2 considers appropriate, to cover the costs incurred by the National Trust in 

3 renovating or restoring structures that the National Trust considers to be of 

4 historic or architectural value and that the National Trust has accepted and 

5 will maintain (after the renovation or restoration) for historic purposes. 

6 § 302904. Direct grants for the preservation of properties in7 cluded on National Register 

8 (a) ADMINISTRATION OF PROGRAM.—The Secretary shall administer a pro9 gram of direct grants for the preservation of properties included on the Na10 tional Register. 

11 (b) AVAILABLE AMOUNT.—Funds to support the program annually shall 

12 not exceed 10 percent of the amount appropriated annually for the Historic 

13 Preservation Fund. 

14 (c) USES OF GRANTS.— 

15 (1) IN GENERAL.—Grants under this section may be made by the Sec16 retary, in consultation with the appropriate State Historic Preservation 

17 Officer— 

18 (A) for the preservation of— 

19 (i) National Historic Landmarks that are threatened with 

20 demolition or impairment; and 

21 (ii) historic property of World Heritage significance; 

22 (B) for demonstration projects that will provide information con23 cerning professional methods and techniques having application to 

24 historic property; 

25 (C) for the training and development of skilled labor in trades 

26 and crafts, and in analysis and curation, relating to historic preser27 vation; and 

28 (D) to assist individuals or small businesses within any historic 

29 district included on the National Register to remain within the dis30 trict. 

31 (2) LIMIT ON CERTAIN GRANTS.—A grant may be made under sub32 paragraph (A) or (D) of paragraph (1) only to the extent that the project 

33 cannot be carried out in as effective a manner through the use of an in34 sured loan under section 303901 of this title. 

35 § 302905. Religious property 

36 (a) IN GENERAL.—Grants may be made under this chapter for the preser37 vation, stabilization, restoration, or rehabilitation of religious property listed 

38 on the National Register if the purpose of the grant— 

39 (1) is secular; 

40 (2) does not promote religion; and 

41 (3) seeks to protect qualities that are historically significant. 


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1 (b) EFFECT OF SECTION.—Nothing in this section shall be construed to au2 thorize the use of any funds made available under this subdivision for the ac3 quisition of any religious property listed on the National Register. 

4 § 302906. Grants and loans to Indian tribes and nonprofit or5 ganizations representing ethnic or minority groups 

6 The Secretary may, in consultation with the appropriate State Historic 

7 Preservation Officer, make grants or loans or both under this subdivision to 

8 Indian tribes and to nonprofit organizations representing ethnic or minority 

9 groups for the preservation of their cultural heritage. 

10 § 302907. Grants to Indian tribes and Native Hawaiian orga11 nizations 

12 The Secretary shall administer a program of direct grants to Indian tribes 

13 and Native Hawaiian organizations for the purpose of carrying out this divi14 sion as it pertains to Indian tribes and Native Hawaiian organizations. 

15 Matching fund requirements may be modified. Federal funds available to an 

16 Indian tribe or Native Hawaiian organization may be used as matching 

17 funds for the purposes of the Indian tribe’s or Native Hawaiian organiza18 tion’s conducting its responsibilities pursuant to this subdivision. 

19 § 302908. Grants to the Federated States of Micronesia, the 

20 Republic of the Marshall Islands, and the Republic 

21 of Palau 

22 (a) IN GENERAL.—As part of the program of matching grant assistance 

23 from the Historic Preservation Fund to States, the Secretary shall administer 

24 a program of direct grants to the Federated States of Micronesia, the Republic 

25 of the Marshall Islands, and the Republic of Palau in furtherance of the Com26 pact of Free Association between the United States and the Federated States 

27 of Micronesia and the Marshall Islands, approved by the Compact of Free As28 sociation Act of 1985 (48 U.S.C. 1901 et seq., 2001 et seq.), and the Compact 

29 of Free Association between the United States and Palau, approved by the 

30 Joint Resolution entitled ‘‘Joint Resolution to approve the ‘Compact of Free 

31 Association’ between the United States and Government of Palau, and for 

32 other purposes’’ (48 U.S.C. 1931 et seq.) or any successor enactment. 

33 (b) GOAL OF PROGRAM.—The goal of the program shall be to establish his34 toric and cultural preservation programs that meet the unique needs of each 

35 of those nations so that at the termination of the compacts the programs shall 

36 be firmly established. 

37 (c) BASIS OF ALLOCATING AMOUNTS.—The amounts to be made available 

38 under this subsection shall be allocated by the Secretary on the basis of needs 

39 as determined by the Secretary. 


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1 (d) WAIVERS AND MODIFICATIONS.—The Secretary may waive or modify 

2 the requirements of this subdivision to conform to the cultural setting of those 

3 nations. Matching funds may be waived or modified. 

4 § 302909. Prohibited use of grant amounts 

5 No part of any grant made under this subdivision shall be used to com6 pensate any person intervening in any proceeding under this division. 

7 § 302910. Recordkeeping 

8 A recipient of assistance under this division shall keep— 

9 (1) such records as the Secretary shall prescribe, including records that 

10 fully disclose— 

11 (A) the disposition by the recipient of the proceeds of the assist12 ance; 

13 (B) the total cost of the project or undertaking in connection with 

14 which the assistance is given or used; and 

15 (C) the amount and nature of that portion of the cost of the 

16 project or undertaking supplied by other sources; and 

17 (2) such other records as will facilitate an effective audit. 

18 Chapter 3031—Historic Preservation Fund 

Sec. 

303101. Establishment. 

303102. Content. 

303103. Use and availability. 

19 § 303101. Establishment 

20 To carry out this division (except chapter 3041) and chapter 3121, there 

21 is established in the Treasury the Historic Preservation Fund. 

22 § 303102. Contents 

23 For each of fiscal years 2012 to 2015, $150,000,000 shall be deposited in 

24 the Historic Preservation Fund from revenues due and payable to the United 

25 States under section 9 of the Outer Continental Shelf Lands Act (43 U.S.C. 

26 1338), section 7433(b) of title 10, or both, notwithstanding any provision of 

27 law that those proceeds shall be credited to miscellaneous receipts of the Treas28 ury. 

29 § 303103. Use and availability 

30 Amounts in the Historic Preservation Fund shall be used only to carry out 

31 this division and shall be available for expenditure only when appropriated 

32 by Congress. Any amount not appropriated shall remain available in the His33 toric Preservation Fund until appropriated for those purposes. Appropria34 tions made pursuant to this section may be made without fiscal year limita35 tion. 

36 Chapters 3033 Through 3037—Reserved 

37 Chapter 3039—Miscellaneous 

Sec. 

303901. Loan insurance program for preservation of property included on National Register. 


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303902. Training in, and dissemination of information concerning, professional methods and 

techniques for preservation of historic property. 

303903. Preservation education and training program. 

1 § 303901. Loan insurance program for preservation of prop2 erty included on National Register 

3 (a) ESTABLISHMENT.—The Secretary shall establish and maintain a pro4 gram by which the Secretary may, on application of a private lender, insure 

5 loans (including loans made in accordance with a mortgage) made by the 

6 lender to finance any project for the preservation of a property included on 

7 the National Register. 

8 (b) LOAN QUALIFICATIONS.—A loan may be insured under this section if— 

9 (1) the loan is made by a private lender approved by the Secretary 

10 as financially sound and able to service the loan properly; 

11 (2) the amount of the loan, and interest rate charged with respect to 

12 the loan, do not exceed the amount and rate established by the Secretary 

13 by regulation; 

14 (3) the Secretary has consulted the appropriate State Historic Preser15 vation Officer concerning the preservation of the historic property; 

16 (4) the Secretary has determined that the loan is adequately secured 

17 and there is reasonable assurance of repayment; 

18 (5) the repayment period of the loan does not exceed the lesser of 40 

19 years or the expected life of the asset financed; 

20 (6) the amount insured with respect to the loan does not exceed 90 per21 cent of the loss sustained by the lender with respect to the loan; and 

22 (7) the loan, the borrower, and the historic property to be preserved 

23 meet such other terms and conditions as may be prescribed by the Sec24 retary by regulation, especially terms and conditions relating to the na25 ture and quality of the preservation work. 

26 (c) CONSULTATION.—The Secretary shall consult with the Secretary of the 

27 Treasury regarding the interest rate of loans insured under this section. 

28 (d) LIMITATION ON AMOUNT OF UNPAID PRINCIPAL BALANCE OF LOANS.— 

29 The aggregate unpaid principal balance of loans insured under this section 

30 may not exceed the amount that has been deposited in the Historic Preserva31 tion Fund but which has not been appropriated for any purpose. 

32 (e) INSURANCE CONTRACTS.—Any contract of insurance executed by the 

33 Secretary under this section may be assignable, shall be an obligation sup34 ported by the full faith and credit of the United States, and shall be incontest35 able except for fraud or misrepresentation of which the holder had actual 

36 knowledge at the time it became a holder. 

37 (f) CONDITIONS AND METHODS OF PAYMENT AS RESULT OF LOSS.—The 

38 Secretary shall specify, by regulation and in each contract entered into under 


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1 this section, the conditions and method of payment to a private lender as a 

2 result of losses incurred by the lender on any loan insured under this section. 

3 (g) PROTECTION OF FINANCIAL INTERESTS OF FEDERAL GOVERNMENT.— 

4 In entering into any contract to insure a loan under this section, the Sec5 retary shall take steps to ensure adequate protection of the financial interests 

6 of the Federal Government. The Secretary may— 

7 (1) in connection with any foreclosure proceeding, obtain, on behalf of 

8 the Federal Government, the historic property securing a loan insured 

9 under this section; and 

10 (2) operate or lease the historic property for such period as may be 

11 necessary to protect the interest of the Federal Government and to carry 

12 out subsection (h). 

13 (h) CONVEYANCE TO GOVERNMENTAL OR NONGOVERNMENTAL ENTITY OF

14 PROPERTY ACQUIRED BY FORECLOSURE.— 

15 (1) ATTEMPT TO CONVEY TO ENSURE PROPERTY’S PRESERVATION AND

16 USE.—In any case in which historic property is obtained pursuant to 

17 subsection (g), the Secretary shall attempt to convey the property to any 

18 governmental or nongovernmental entity under conditions that will en19 sure the property’s continued preservation and use. If, after a reasonable 

20 time, the Secretary, in consultation with the Council, determines that 

21 there is no feasible and prudent means to convey the property and to 

22 ensure its continued preservation and use, the Secretary may convey the 

23 property at the fair market value of its interest in the property to any 

24 entity without restriction. 

25 (2) DISPOSITION OF FUNDS.—Any funds obtained by the Secretary in 

26 connection with the conveyance of any historic property pursuant to 

27 paragraph (1) shall be deposited in the Historic Preservation Fund and 

28 shall remain available in the Historic Preservation Fund until appro29 priated by Congress to carry out this division. 

30 (i) ASSESSMENT OF FEES IN CONNECTION WITH INSURING LOANS.—The 

31 Secretary may assess appropriate and reasonable fees in connection with in32 suring loans under this section. The fees shall be deposited in the Historic 

33 Preservation Fund and shall remain available in the Historic Preservation 

34 Fund until appropriated by Congress to carry out this division. 

35 (j) TREATMENT OF LOANS AS NON-FEDERAL FUNDS.—Notwithstanding 

36 any other provision of law, any loan insured under this section shall be treat37 ed as non-Federal funds for the purposes of satisfying any requirement of any 

38 other provision of law under which Federal funds to be used for any project 

39 or activity are conditioned on the use of non-Federal funds by the recipient 

40 for payment of any portion of the costs of the project or activity. 


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1 (k) INELIGIBILITY OF DEBT OBLIGATION FOR PURCHASE OR COMMITMENT

2 TO PURCHASE BY, OR SALE OR ISSUANCE TO, FEDERAL FINANCING BANK.— 

3 No debt obligation that is made or committed to be made, or that is insured 

4 or committed to be insured, by the Secretary under this section shall be eligi5 ble for purchase by, or commitment to purchase by, or sale or issuance to, 

6 the Federal Financing Bank. 

7 § 303902. Training in, and dissemination of information con8 cerning, professional methods and techniques for 

9 preservation of historic property 

10 The Secretary shall develop and make available to Federal agencies, State 

11 and local governments, private organizations and individuals, and other na12 tions and international organizations pursuant to the World Heritage Con13 vention, training in, and information concerning, professional methods and 

14 techniques for the preservation of historic property and for the administration 

15 of the historic preservation program at the Federal, State, and local level. The 

16 Secretary shall also develop mechanisms to provide information concerning 

17 historic preservation to the general public including students. 

18 § 303903. Preservation education and training program 

19 The Secretary, in consultation with the Council and other appropriate Fed20 eral, tribal, Native Hawaiian, and non-Federal organizations, shall develop 

21 and implement a comprehensive preservation education and training pro22 gram. The program shall include— 

23 (1) standards and increased preservation training opportunities for 

24 Federal workers involved in preservation-related functions; 

25 (2) preservation training opportunities for other Federal, State, tribal 

26 and local government workers, and students; 

27 (3) technical or financial assistance, or both, to historically black col28 leges and universities, to tribal colleges, and to colleges with a high en29 rollment of Native Americans or Native Hawaiians, to establish preser30 vation training and degree programs; and 

31 (4) where appropriate, coordination with the National Center for Pres32 ervation Technology and Training of— 

33 (A) distribution of information on preservation technologies; 

34 (B) provision of training and skill development in trades, crafts, 

35 and disciplines related to historic preservation in Federal training 

36 and development programs; and 

37 (C) support for research, analysis, conservation, curation, inter38 pretation, and display related to preservation. 


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1 Subdivision 3—Advisory Council on 

2 Historic Preservation 

3 Chapter 3041—Advisory Council on Historic 

4 Preservation 

Sec. 

304101. Establishment; vacancies. 

304102. Duties of Council. 

304103. Cooperation between Council and instrumentalities of executive branch of Federal Government. 

304104. Compensation of members of Council. 

304105. Administration. 

304106. International Centre for the Study of the Preservation and Restoration of Cultural 

Property. 

304107. Transmittal of legislative recommendations, testimony, or comments to any officer or 

agency of the United States prior to submission to Congress. 

304108. Regulations, procedures, and guidelines. 

304109. Budget submission. 

304110. Report by Secretary to Council. 

304111. Reimbursements from State and local agencies. 

304112. Effectiveness of Federal grant and assistance programs. 

5 § 304101. Establishment; vacancies 

6 (a) ESTABLISHMENT.—There is established as an independent agency of the 

7 United States Government an Advisory Council on Historic Preservation, 

8 which shall be composed of the following members: 

9 (1) A Chairman appointed by the President selected from the general 

10 public. 

11 (2) The Secretary. 

12 (3) The Architect of the Capitol. 

13 (4) The Secretary of Agriculture and the heads of 7 other agencies of 

14 the United States (other than the Department of the Interior), the activi15 ties of which affect historic preservation, designated by the President. 

16 (5) One Governor appointed by the President. 

17 (6) One mayor appointed by the President. 

18 (7) The President of the National Conference of State Historic Preser19 vation Officers. 

20 (8) The Chairman of the National Trust. 

21 (9) Four experts in the field of historic preservation appointed by the 

22 President from architecture, history, archeology, and other appropriate 

23 disciplines. 

24 (10) Three members from the general public, appointed by the Presi25 dent. 

26 (11) One member of an Indian tribe or Native Hawaiian organization 

27 who represents the interests of the Indian tribe or Native Hawaiian or28 ganization of which he or she is a member, appointed by the President. 

29 (b) DESIGNATION OF SUBSTITUTES.—Each member of the Council specified 

30 in paragraphs (2) to (5), (7), and (8) of subsection (a) may designate another 

31 officer of the department, agency, or organization to serve on the Council inVerDate Mar 15 2010 00:44 Aug 03, 2012 Jkt 019200 PO 00000 Frm 00136 Fmt 6652 Sfmt 6223 E:\BILLS\H1950.RH H1950

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1 stead of the member, except that, in the case of paragraphs (2) and (4), no 

2 officer other than an Assistant Secretary or an officer having major depart3 ment-wide or agency-wide responsibilities may be designated. 

4 (c) TERM OF OFFICE.—Each member of the Council appointed under para5 graphs (1) and (9) to (11) of subsection (a) shall serve for a term of 4 years 

6 from the expiration of the term of the member’s predecessor. The members ap7 pointed under paragraphs (5) and (6) shall serve for the term of their elected 

8 office but not in excess of 4 years. An appointed member may not serve more 

9 than 2 terms. An appointed member whose term has expired shall serve until 

10 that member’s successor has been appointed. 

11 (d) VACANCIES.—A vacancy in the Council shall not affect its powers, but 

12 shall be filled, not later than 60 days after the vacancy commences, in the 

13 same manner as the original appointment (and for the balance of the unex14 pired term). 

15 (e) DESIGNATION OF VICE CHAIRMAN.—The President shall designate a 

16 Vice Chairman from the members appointed under paragraph (5), (6), (9), 

17 or (10) of subsection (a). The Vice Chairman may act in place of the Chair18 man during the absence or disability of the Chairman or when the office is 

19 vacant. 

20 (f) QUORUM.—Twelve members of the Council shall constitute a quorum. 

21 § 304102. Duties of Council 

22 (a) DUTIES.—The Council shall— 

23 (1) advise the President and Congress on matters relating to historic 

24 preservation, recommend measures to coordinate activities of Federal, 

25 State, and local agencies and private institutions and individuals relat26 ing to historic preservation, and advise on the dissemination of informa27 tion pertaining to those activities; 

28 (2) encourage, in cooperation with the National Trust and appro29 priate private agencies, public interest and participation in historic 

30 preservation; 

31 (3) recommend the conduct of studies in such areas as— 

32 (A) the adequacy of legislative and administrative statutes and 

33 regulations pertaining to historic preservation activities of State 

34 and local governments; and 

35 (B) the effects of tax policies at all levels of government on his36 toric preservation; 

37 (4) advise as to guidelines for the assistance of State and local govern38 ments in drafting legislation relating to historic preservation; 

39 (5) encourage, in cooperation with appropriate public and private 

40 agencies and institutions, training and education in the field of historic 

41 preservation; 


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1 (6) review the policies and programs of Federal agencies and rec2 ommend to Federal agencies methods to improve the effectiveness, coordi3 nation, and consistency of those policies and programs with the policies 

4 and programs carried out under this division; and 

5 (7) inform and educate Federal agencies, State and local governments, 

6 Indian tribes, other nations and international organizations and private 

7 groups and individuals as to the Council’s authorized activities. 

8 (b) ANNUAL REPORT.—The Council annually shall submit to the President 

9 a comprehensive report of its activities and the results of its studies and shall 

10 from time to time submit additional and special reports as it deems advis11 able. Each report shall propose legislative enactments and other actions as, 

12 in the judgment of the Council, are necessary and appropriate to carry out 

13 its recommendations and shall provide the Council’s assessment of current 

14 and emerging problems in the field of historic preservation and an evaluation 

15 of the effectiveness of the programs of Federal agencies, State and local gov16 ernments, and the private sector in carrying out this division. 

17 § 304103. Cooperation between Council and instrumentalities 

18 of executive branch of Federal Government 

19 The Council may secure directly from any Federal agency information, 

20 suggestions, estimates, and statistics for the purpose of this chapter. Each 

21 Federal agency may furnish information, suggestions, estimates, and statistics 

22 to the extent permitted by law and within available funds. 

23 § 304104. Compensation of members of Council 

24 The members of the Council specified in paragraphs (2), (3), and (4) of 

25 section 304101(a) of this title shall serve without additional compensation. 

26 The other members of the Council shall receive $100 per diem when engaged 

27 in the performance of the duties of the Council. All members of the Council 

28 shall receive reimbursement for necessary traveling and subsistence expenses 

29 incurred by them in the performance of the duties of the Council. 

30 § 304105. Administration 

31 (a) EXECUTIVE DIRECTOR.—There shall be an Executive Director of the 

32 Council who shall be appointed by the Chairman with the concurrence of the 

33 Council in the competitive service at a rate within the General Schedule, in 

34 the competitive service at a rate that may exceed the rate prescribed for the 

35 highest rate established for grade 15 of the General Schedule under section 

36 5332 of title 5, or in the Senior Executive Service under section 3393 of title 

37 5. The Executive Director shall report directly to the Council and perform 

38 such functions and duties as the Council may prescribe. 

39 (b) GENERAL COUNSEL AND APPOINTMENT OF OTHER ATTORNEYS.— 

40 (1) GENERAL COUNSEL.—The Council shall have a General Counsel, 

41 who shall be appointed by the Executive Director. The General Counsel 


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1 shall report directly to the Executive Director and serve as the Council’s 

2 legal advisor. 

3 (2) APPOINTMENT OF OTHER ATTORNEYS.—The Executive Director 

4 shall appoint other attorneys as may be necessary to— 

5 (A) assist the General Counsel; 

6 (B) represent the Council in court when appropriate, including 

7 enforcement of agreements with Federal agencies to which the Coun8 cil is a party; 

9 (C) assist the Department of Justice in handling litigation con10 cerning the Council in court; and 

11 (D) perform such other legal duties and functions as the Execu12 tive Director and the Council may direct. 

13 (c) APPOINTMENT AND COMPENSATION OF OFFICERS AND EMPLOYEES.— 

14 The Executive Director of the Council may appoint and fix the compensation 

15 of officers and employees in the competitive service who are necessary to per16 form the functions of the Council at rates not to exceed that prescribed for 

17 the highest rate for grade 15 of the General Schedule under section 5332 of 

18 title 5. The Executive Director, with the concurrence of the Chairman, may 

19 appoint and fix the compensation of not to exceed 5 employees in the competi20 tive service at rates that exceed that prescribed for the highest rate established 

21 for grade 15 of the General Schedule under section 5332 of title 5 or in the 

22 Senior Executive Service under section 3393 of title 5. 

23 (d) APPOINTMENT AND COMPENSATION OF ADDITIONAL PERSONNEL.—The 

24 Executive Director may appoint and fix the compensation of such additional 

25 personnel as may be necessary to carry out the Council’s duties, without re26 gard to the civil service laws and chapter 51 and subchapter III of chapter 

27 53 of title 5. 

28 (e) EXPERT AND CONSULTANT SERVICES.—The Executive Director may 

29 procure expert and consultant services in accordance with section 3109 of title 

30 5. 

31 (f) FINANCIAL AND ADMINISTRATIVE SERVICES.— 

32 (1) SERVICES TO BE PROVIDED BY SECRETARY, AGENCY, OR PRIVATE

33 ENTITY.—Financial and administrative services (including those related 

34 to budgeting, accounting, financial reporting, personnel and procure35 ment) shall be provided the Council by the Secretary or, at the discretion 

36 of the Council, another agency or private entity that reaches an agree37 ment with the Council, for which payments shall be made in advance, 

38 or by reimbursement, from funds of the Council in such amounts as may 

39 be agreed on by the Chairman of the Council and the head of the agency 

40 or the authorized representative of the private entity that will provide 

41 the services. 


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1 (2) FEDERAL AGENCY REGULATIONS RELATING TO COLLECTION

2 APPLY.—When a Federal agency affords those services, the regulations of 

3 that agency under section 5514(b) of title 5 for the collection of indebted4 ness of personnel resulting from erroneous payments shall apply to the 

5 collection of erroneous payments made to or on behalf of a Council em6 ployee, and regulations of that agency under sections 1513(d) and 1514 

7 of title 31 for the administrative control of funds shall apply to appro8 priations of the Council. The Council shall not be required to prescribe 

9 those regulations. 

10 (g) FUNDS, PERSONNEL, FACILITIES, AND SERVICES.— 

11 (1) PROVIDED BY FEDERAL AGENCY.—Any Federal agency may pro12 vide the Council, with or without reimbursement as may be agreed on 

13 by the Chairman and the agency, with such funds, personnel, facilities, 

14 and services under its jurisdiction and control as may be needed by the 

15 Council to carry out its duties, to the extent that the funds, personnel, 

16 facilities, and services are requested by the Council and are otherwise 

17 available for that purpose. Any funds provided to the Council pursuant 

18 to this subsection shall be obligated by the end of the fiscal year following 

19 the fiscal year in which the funds are received by the Council. 

20 (2) OBTAINING ADDITIONAL PROPERTY, FACILITIES, AND SERVICES

21 AND RECEIVING DONATIONS OF MONEY.—To the extent of available ap22 propriations, the Council may obtain by purchase, rental, donation, or 

23 otherwise additional property, facilities, and services as may be needed 

24 to carry out its duties and may receive donations of money for that pur25 pose. The Executive Director may accept, hold, use, expend, and admin26 ister the property, facilities, services, and money for the purposes of this 

27 division. 

28 (h) RIGHTS, BENEFITS, AND PRIVILEGES OF TRANSFERRED EMPLOYEES.— 

29 Any employee in the competitive service of the United States transferred to 

30 the Council under section 207 of the National Historic Preservation Act (Pub31 lic Law 89–665) retains all the rights, benefits, and privileges pertaining to 

32 the competitive service held prior to the transfer. 

33 (i) EXEMPTION FROM FEDERAL ADVISORY COMMITTEE ACT.—The Council 

34 is exempt from the Federal Advisory Committee Act (5 U.S.C. App.). 

35 (j) PROVISIONS THAT GOVERN OPERATIONS OF COUNCIL.—Subchapter II 

36 of chapter 5 and chapter 7 of title 5 shall govern the operations of the Coun37 cil. 


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1 § 304106. International Centre for the Study of the Preserva2 tion and Restoration of Cultural Property 

3 (a) AUTHORIZATION OF PARTICIPATION.—The participation of the United 

4 States as a member in the International Centre for the Study of the Preserva5 tion and Restoration of Cultural Property is authorized. 

6 (b) OFFICIAL DELEGATION.—The Council shall recommend to the Secretary 

7 of State, after consultation with the Smithsonian Institution and other public 

8 and private organizations concerned with the technical problems of preserva9 tion, the members of the official delegation that will participate in the activi10 ties of the International Centre for the Study of the Preservation and Restora11 tion of Cultural Property on behalf of the United States. The Secretary of 

12 State shall appoint the members of the official delegation from the persons 

13 recommended to the Secretary of State by the Council. 

14 § 304107. Transmittal of legislative recommendations, testi15 mony, or comments to any officer or agency of the 

16 United States prior to submission to Congress 

17 No officer or agency of the United States shall have any authority to re18 quire the Council to submit its legislative recommendations, or testimony, or 

19 comments on legislation to any officer or agency of the United States for ap20 proval, comments, or review, prior to the submission of the recommendations, 

21 testimony, or comments to Congress. When the Council voluntarily seeks to 

22 obtain the comments or review of any officer or agency of the United States, 

23 the Council shall include a description of the actions in its legislative rec24 ommendations, testimony, or comments on legislation that it transmits to 

25 Congress. 

26 § 304108. Regulations, procedures, and guidelines 

27 (a) IN GENERAL.—The Council may promulgate regulations as it considers 

28 necessary to govern the implementation of section 306108 of this title in its 

29 entirety. 

30 (b) PARTICIPATION BY LOCAL GOVERNMENTS.—The Council shall by regu31 lation establish such procedures as may be necessary to provide for participa32 tion by local governments in proceedings and other actions taken by the Coun33 cil with respect to undertakings referred to in section 306108 of this title that 

34 affect the local governments. 

35 (c) EXEMPTION FOR FEDERAL PROGRAMS OR UNDERTAKINGS.—The Coun36 cil, with the concurrence of the Secretary, shall promulgate regulations or 

37 guidelines, as appropriate, under which Federal programs or undertakings 

38 may be exempted from any or all of the requirements of this division when 

39 the exemption is determined to be consistent with the purposes of this divi40 sion, taking into consideration the magnitude of the exempted undertaking or 

41 program and the likelihood of impairment of historic property. 


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1 § 304109. Budget submission 

2 (a) TIME AND MANNER OF SUBMISSION.—The Council shall submit its 

3 budget annually as a related agency of the Department of the Interior. 

4 (b) TRANSMITTAL OF COPIES TO CONGRESSIONAL COMMITTEES.—Whenever 

5 the Council submits any budget estimate or request to the President or the 

6 Office of Management and Budget, it shall concurrently transmit copies of 

7 that estimate or request to the Committee on Natural Resources and Com8 mittee on Appropriations of the House of Representatives and the Committee 

9 on Energy and Natural Resources and Committee on Appropriations of the 

10 Senate. 

11 § 304110. Report by Secretary to Council 

12 To assist the Council in discharging its responsibilities under this division, 

13 the Secretary at the request of the Chairman shall provide a report to the 

14 Council detailing the significance of any historic property, describing the ef15 fects of any proposed undertaking on the affected property, and recommending 

16 measures to avoid, minimize, or mitigate adverse effects. 

17 § 304111. Reimbursements from State and local agencies 

18 Subject to applicable conflict of interest laws, the Council may receive reim19 bursements from State and local agencies and others pursuant to agreements 

20 executed in furtherance of this division. 

21 § 304112. Effectiveness of Federal grant and assistance pro22 grams 

23 (a) COOPERATIVE AGREEMENTS.—The Council may enter into a coopera24 tive agreement with any Federal agency that administers a grant or assist25 ance program for the purpose of improving the effectiveness of the administra26 tion of the program in meeting the purposes and policies of this division. The 

27 cooperative agreement may include provisions that modify the selection cri28 teria for a grant or assistance program to further the purposes of this division 

29 or that allow the Council to participate in the selection of recipients, if those 

30 provisions are not inconsistent with the grant or assistance program’s statu31 tory authorization and purpose. 

32 (b) REVIEW OF GRANT AND ASSISTANCE PROGRAMS.—The Council may— 

33 (1) review the operation of any Federal grant or assistance program 

34 to evaluate the effectiveness of the program in meeting the purposes and 

35 policies of this division; 

36 (2) make recommendations to the head of any Federal agency that ad37 ministers the program to further the consistency of the program with the 

38 purposes and policies of this division and to improve its effectiveness in 

39 carrying out those purposes and policies; and 

40 (3) make recommendations to the President and Congress regarding 

41 the effectiveness of Federal grant and assistance programs in meeting the 


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1 purposes and policies of this division, including recommendations with 

2 regard to appropriate funding levels. 

3 Subdivision 4—Other Organizations and 

4 Programs 

5 Chapter 3051—Historic Light Station 

6 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. 

7 § 305101. Definitions 

8 In this chapter: 

9 (1) ADMINISTRATOR.—The term ‘‘Administrator’’ means the Adminis10 trator of General Services. 

11 (2) ELIGIBLE ENTITY.—The term ‘‘eligible entity’’ means— 

12 (A) any department or agency of the Federal Government; or 

13 (B) any department or agency of the State in which a historic 

14 light station is located, the local government of the community in 

15 which a historic light station is located, a nonprofit corporation, an 

16 educational agency, or a community development organization 

17 that— 

18 (i) has agreed to comply with the conditions set forth in sec19 tion 305104 of this title and to have the conditions recorded 

20 with the deed of title to the historic light station; and 

21 (ii) is financially able to maintain the historic light station 

22 in accordance with the conditions set forth in section 305104 

23 of this title. 

24 (3) FEDERAL AID TO NAVIGATION.— 

25 (A) IN GENERAL.—The term ‘‘Federal aid to navigation’’ means 

26 any device, operated and maintained by the United States, external 

27 to a vessel or aircraft, intended to assist a navigator to determine 

28 position or safe course, or to warn of dangers or obstructions to 

29 navigation. 

30 (B) INCLUSIONS.—The term ‘‘Federal aid to navigation’’ includes 

31 a light, lens, lantern, antenna, sound signal, camera, sensor, piece 

32 of electronic navigation equipment, power source, or other piece of 

33 equipment associated with a device described in subparagraph (A). 

34 (4) HISTORIC LIGHT STATION.—The term ‘‘historic light station’’ in35 cludes the light tower, lighthouse, keeper’s dwelling, garages, storage 

36 sheds, oil house, fog signal building, boat house, barn, pumphouse, 

37 tramhouse support structures, piers, walkways, underlying and appurVerDate Mar 15 2010 00:44 Aug 03, 2012 Jkt 019200 PO 00000 Frm 00143 Fmt 6652 Sfmt 6223 E:\BILLS\H1950.RH H1950

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1 tenant land and related real property and improvements associated with 

2 a historic light station that is a historic property. 

3 § 305102. Duties of Secretary in providing a national historic 

4 light station program 

5 To provide a national historic light station program, the Secretary shall— 

6 (1) collect and disseminate information concerning historic light sta7 tions; 

8 (2) foster educational programs relating to the history, practice, and 

9 contribution to society of historic light stations; 

10 (3) sponsor or conduct research and study into the history of light sta11 tions; 

12 (4) maintain a listing of historic light stations; and 

13 (5) assess the effectiveness of the program established by this chapter 

14 regarding the conveyance of historic light stations. 

15 § 305103. Selection of eligible entity and conveyance of his16 toric light stations 

17 (a) PROCESS AND POLICIES.—The Secretary and the Administrator shall 

18 maintain a process and policies for identifying, and selecting, an eligible en19 tity to which a historic light station could be conveyed for education, park, 

20 recreation, cultural, or historic preservation purposes, and to monitor the use 

21 of the light station by the eligible entity. 

22 (b) APPLICATION REVIEW.— 

23 (1) IN GENERAL.—The Secretary shall— 

24 (A) review all applications for the conveyance of a historic light 

25 station, when the agency with administrative jurisdiction over the 

26 historic light station has determined the property to be excess prop27 erty (as that term is defined in section 102 of title 40); and 

28 (B) forward to the Administrator a single approved application 

29 for the conveyance of the historic light station. 

30 (2) CONSULTATION.—When selecting an eligible entity, the Secretary 

31 shall consult with the State Historic Preservation Officer of the State in 

32 which the historic light station is located. 

33 (c) CONVEYANCE OR SALE OF HISTORIC LIGHT STATIONS.— 

34 (1) CONVEYANCE BY ADMINISTRATOR.—Except as provided in para35 graph (2), after the Secretary’s selection of an eligible entity, the Admin36 istrator shall convey, by quitclaim deed, without consideration, all right, 

37 title, and interest of the United States in and to a historic light station, 

38 subject to the conditions set forth in section 305104 of this title. The con39 veyance of a historic light station under this chapter shall not be subject 

40 to the McKinney-Vento Homeless Assistance Act (42 U.S.C. 11301 et 


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1 seq.) or section 416(d) of the Coast Guard Authorization Act of 1998 

2 (Public Law 105–383, 14 U.S.C. 93 note). 

3 (2) HISTORIC LIGHT STATION LOCATED WITHIN A SYSTEM UNIT OR A

4 REFUGE WITHIN NATIONAL WILDLIFE REFUGE SYSTEM.— 

5 (A) APPROVAL OF SECRETARY REQUIRED.—A historic light sta6 tion located within the exterior boundaries of a System unit or a 

7 refuge within the National Wildlife Refuge System shall be conveyed 

8 or sold only with the approval of the Secretary. 

9 (B) CONDITIONS OF CONVEYANCE.—If the Secretary approves the 

10 conveyance of a historic light station described in subparagraph 

11 (A), the conveyance shall be subject to the conditions set forth in sec12 tion 305104 of this title and any other terms or conditions that the 

13 Secretary considers necessary to protect the resources of the System 

14 unit or wildlife refuge. 

15 (C) CONDITIONS OF SALE.—If the Secretary approves the sale of 

16 a historic light station described in subparagraph (A), the sale shall 

17 be subject to the conditions set forth in paragraphs (1) to (4) and 

18 (8) of subsection (a), and subsection (b), of section 305104 of this 

19 title and any other terms or conditions that the Secretary considers 

20 necessary to protect the resources of the System unit or wildlife ref21 uge. 

22 (D) COOPERATIVE AGREEMENTS.—The Secretary is encouraged to 

23 enter into cooperative agreements with appropriate eligible entities 

24 with respect to historic light stations described in subparagraph (A), 

25 as provided in this division, to the extent that the cooperative agree26 ments are consistent with the Secretary’s responsibilities to manage 

27 and administer the System unit or wildlife refuge. 

28 § 305104. Terms of conveyance 

29 (a) IN GENERAL.—The conveyance of a historic light station shall be made 

30 subject to any conditions, including the reservation of easements and other 

31 rights on behalf of the United States, that the Administrator considers nec32 essary to ensure that— 

33 (1) the Federal aids to navigation located at the historic light station 

34 in operation on the date of conveyance remain the personal property of 

35 the United States and continue to be operated and maintained by the 

36 United States for as long as needed for navigational purposes; 

37 (2) there is reserved to the United States the right to remove, replace, 

38 or install any Federal aid to navigation located at the historic light sta39 tion as may be necessary for navigational purposes; 

40 (3) the eligible entity to which the historic light station is conveyed 

41 shall not interfere or allow interference in any manner with any Federal 


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1 aid to navigation or hinder activities required for the operation and 

2 maintenance of any Federal aid to navigation without the express writ3 ten permission of the head of the agency responsible for maintaining the 

4 Federal aid to navigation; 

5 (4)(A) the eligible entity to which the historic light station is conveyed 

6 shall, at its own cost and expense, use and maintain the historic light 

7 station in accordance with this division, the Secretary of the Interior’s 

8 Standards for the Treatment of Historic Properties contained in part 68 

9 of title 36, Code of Federal Regulations, and other applicable laws; and 

10 (B) any proposed changes to the historic light station shall be reviewed 

11 and approved by the Secretary in consultation with the State Historic 

12 Preservation Officer of the State in which the historic light station is lo13 cated, for consistency with section 800.5(a)(2)(vii) of title 36, Code of 

14 Federal Regulations and the Secretary’s Standards for Rehabilitation 

15 contained in section 67.7 of title 36, Code of Federal Regulations; 

16 (5) the eligible entity to which the historic light station is conveyed 

17 shall make the historic light station available for education, park, recre18 ation, cultural, or historic preservation purposes for the general public 

19 at reasonable times and under reasonable conditions; 

20 (6) the eligible entity to which the historic light station is conveyed 

21 shall not sell, convey, assign, exchange, or encumber the historic light sta22 tion, any part of the historic light station, or any associated historic ar23 tifact conveyed to the eligible entity in conjunction with the historic light 

24 station conveyance, including any lens or lantern, unless the sale, con25 veyance, assignment, exchange, or encumbrance is approved by the Sec26 retary; 

27 (7) the eligible entity to which the historic light station is conveyed 

28 shall not conduct any commercial activity at the historic light station, 

29 at any part of the historic light station, or in connection with any asso30 ciated historic artifact conveyed to the eligible entity in conjunction with 

31 the historic light station conveyance, in any manner, unless the commer32 cial activity is approved by the Secretary; and 

33 (8) the United States shall have the right, at any time, to enter the 

34 historic light station without notice, for purposes of operating, maintain35 ing, and inspecting any aid to navigation and for the purpose of ensur36 ing compliance with this section, to the extent that it is not possible to 

37 provide advance notice. 

38 (b) MAINTENANCE OF AID TO NAVIGATION.—Any eligible entity to which 

39 a historic light station is conveyed shall not be required to maintain any Fed40 eral aid to navigation associated with a historic light station, except any priVerDate Mar 15 2010 00:44 Aug 03, 2012 Jkt 019200 PO 00000 Frm 00146 Fmt 6652 Sfmt 6223 E:\BILLS\H1950.RH H1950

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1 vate aid to navigation permitted to the eligible entity under section 83 of title 

2 14. 

3 (c) REVERSION.—In addition to any term or condition established pursu4 ant to this section, the conveyance of a historic light station shall include a 

5 condition that the historic light station, or any associated historic artifact 

6 conveyed to the eligible entity in conjunction with the historic light station 

7 conveyance, including any lens or lantern, at the option of the Administrator, 

8 shall revert to the United States and be placed under the administrative con9 trol of the Administrator, if— 

10 (1) the historic light station, any part of the historic light station, or 

11 any associated historic artifact ceases to be available for education, park, 

12 recreation, cultural, or historic preservation purposes for the general 

13 public at reasonable times and under reasonable conditions that shall be 

14 set forth in the eligible entity’s application; 

15 (2) the historic light station or any part of the historic light station 

16 ceases to be maintained in a manner that ensures its present or future 

17 use as a site for a Federal aid to navigation; 

18 (3) the historic light station, any part of the historic light station, or 

19 any associated historic artifact ceases to be maintained in compliance 

20 with this division, the Secretary of the Interior’s Standards for the 

21 Treatment of Historic Properties contained in part 68 of title 36, Code 

22 of Federal Regulations, and other applicable laws; 

23 (4) the eligible entity to which the historic light station is conveyed 

24 sells, conveys, assigns, exchanges, or encumbers the historic light station, 

25 any part of the historic light fixture, or any associated historic artifact, 

26 without approval of the Secretary; 

27 (5) the eligible entity to which the historic light station is conveyed 

28 conducts any commercial activity at the historic light station, at any 

29 part of the historic light station, or in conjunction with any associated 

30 historic artifact, without approval of the Secretary; or 

31 (6) at least 30 days before the reversion, the Administrator provides 

32 written notice to the owner that the historic light station or any part 

33 of the historic light station is needed for national security purposes. 

34 (d) LIGHT STATIONS ORIGINALLY CONVEYED UNDER OTHER AUTHOR35 ITY.—On receiving notice of an executed or intended conveyance by an owner 

36 that received from the Federal Government under authority other than this 

37 division a historic light station in which the United States retains a rever38 sionary or other interest and that is conveying it to another person by sale, 

39 gift, or any other manner, the Secretary shall review the terms of the executed 

40 or proposed conveyance to ensure that any new owner is capable of or is com41 plying with any and all conditions of the original conveyance. The Secretary 


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1 may require the parties to the conveyance and relevant Federal agencies to 

2 provide information as is necessary to complete the review. If the Secretary 

3 determines that the new owner has not complied or is unable to comply with 

4 those conditions, the Secretary shall immediately advise the Administrator, 

5 who shall invoke any reversionary interest or take other action as may be nec6 essary to protect the interests of the United States. 

7 § 305105. Description of property 

8 (a) IN GENERAL.—The Administrator shall prepare the legal description of 

9 any historic light station conveyed under this chapter. The Administrator, in 

10 consultation with the Secretary of Homeland Security and the Secretary, may 

11 retain all right, title, and interest of the United States in and to any histor12 ical artifact, including any lens or lantern, that is associated with the his13 toric light station and located at the historic light station at the time of con14 veyance. Wherever possible, the historical artifacts should be used in inter15 preting the historic light station. In cases where there is no method for pre16 serving lenses and other artifacts and equipment in situ, priority should be 

17 given to preservation or museum entities most closely associated with the his18 toric light station, if they meet loan requirements. 

19 (b) ARTIFACTS.—Artifacts associated with, but not located at, a historic 

20 light station at the time of conveyance shall remain the property of the United 

21 States under the administrative control of the Secretary of Homeland Secu22 rity. 

23 (c) COVENANTS.—All conditions placed with the quitclaim deed of title to 

24 the historic light station shall be construed as covenants running with the 

25 land. 

26 (d) SUBMERGED LAND.—No submerged land shall be conveyed under this 

27 chapter. 

28 § 305106. Historic light station sales 

29 (a) IN GENERAL.— 

30 (1) WHEN SALE MAY OCCUR.—If no applicant is approved for the con31 veyance of a historic light station pursuant to sections 305101 through 

32 305105 of this title, the historic light station shall be offered for sale. 

33 (2) TERMS OF SALE.—Terms of the sales— 

34 (A) shall be developed by the Administrator; and 

35 (B) shall be consistent with the requirements of paragraphs (1) 

36 to (4) and (8) of subsection (a), and subsection (b), of section 

37 305104 of this title. 

38 (3) COVENANTS TO BE INCLUDED IN CONVEYANCE DOCUMENTS.—Con39 veyance documents shall include all necessary covenants to protect the 

40 historical integrity of the historic light station and ensure that any Fed41 eral aid to navigation located at the historic light station is operated 


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1 and maintained by the United States for as long as needed for that pur2 pose. 

3 (b) NET SALE PROCEEDS.— 

4 (1) DISPOSITION AND USE OF FUNDS.—Net sale proceeds from the dis5 posal of a historic light station— 

6 (A) located on public domain land shall be transferred to the Na7 tional Maritime Heritage Grants Program established under chap8 ter 3087 in the Department of the Interior; and 

9 (B) under the administrative control of the Secretary of Home10 land Security— 

11 (i) shall be credited to the Coast Guard’s Operating Ex12 penses appropriation account; and 

13 (ii) shall be available for obligation and expenditure for the 

14 maintenance of light stations remaining under the administra15 tive control of the Secretary of Homeland Security. 

16 (2) AVAILABILITY OF FUNDS.—The funds referred to in paragraph 

17 (1)(B) shall remain available until expended and shall be available in 

18 addition to funds available in the Coast Guard’s Operating Expense ap19 propriation for that purpose. 

20 Chapter 3053—National Center for 

21 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. 

22 § 305301. Definitions 

23 In this chapter: 

24 (1) BOARD.—The term ‘‘Board’’ means the Preservation Technology 

25 and Training Board established pursuant to section 305303 of this title. 

26 (2) CENTER.—The term ‘‘Center’’ means the National Center for Pres27 ervation Technology and Training established pursuant to section 

28 305302 of this title. 

29 § 305302. National Center for Preservation Technology and 

30 Training 

31 (a) ESTABLISHMENT.—There is established within the Department of the 

32 Interior a National Center for Preservation Technology and Training. The 

33 Center shall be located at Northwestern State University of Louisiana in 

34 Natchitoches, Louisiana. 

35 (b) PURPOSES.—The purposes of the Center shall be to— 


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1 (1) develop and distribute preservation and conservation skills and 

2 technologies for the identification, evaluation, conservation, and interpre3 tation of historic property; 

4 (2) develop and facilitate training for Federal, State, and local re5 source preservation professionals, cultural resource managers, mainte6 nance personnel, and others working in the preservation field; 

7 (3) take steps to apply preservation technology benefits from ongoing 

8 research by other agencies and institutions; 

9 (4) facilitate the transfer of preservation technology among Federal 

10 agencies, State and local governments, universities, international organi11 zations, and the private sector; and 

12 (5) cooperate with related international organizations including the 

13 International Council on Monuments and Sites, the International Center 

14 for the Study of Preservation and Restoration of Cultural Property, and 

15 the International Council on Museums. 

16 (c) PROGRAMS.—The purposes shall be carried out through research, profes17 sional training, technical assistance, and programs for public awareness, and 

18 through a program of grants established under section 305304 of this title. 

19 (d) EXECUTIVE DIRECTOR.—The Center shall be headed by an Executive 

20 Director with demonstrated expertise in historic preservation appointed by 

21 the Secretary with advice of the Board. 

22 (e) ASSISTANCE FROM SECRETARY.—The Secretary shall provide the Cen23 ter assistance in obtaining such personnel, equipment, and facilities as may 

24 be needed by the Center to carry out its activities. 

25 § 305303. Preservation Technology and Training Board 

26 (a) ESTABLISHMENT.—There is established a Preservation Technology and 

27 Training Board. 

28 (b) DUTIES.—The Board shall— 

29 (1) provide leadership, policy advice, and professional oversight to the 

30 Center; 

31 (2) advise the Secretary on priorities and the allocation of grants 

32 among the activities of the Center; and 

33 (3) submit an annual report to the President and Congress. 

34 (c) MEMBERSHIP.—The Board shall be comprised of— 

35 (1) the Secretary; 

36 (2) 6 members appointed by the Secretary, who shall represent appro37 priate Federal, State, and local agencies, State and local historic preser38 vation commissions, and other public and international organizations; 

39 and 

40 (3) 6 members appointed by the Secretary on the basis of outstanding 

41 professional qualifications, who represent major organizations in the 


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1 fields of archeology, architecture, conservation, curation, engineering, his2 tory, historic preservation, landscape architecture, planning, or preserva3 tion education. 

4 § 305304. Preservation grants 

5 (a) IN GENERAL.—The Secretary, in consultation with the Board, shall 

6 provide preservation technology and training grants to eligible applicants 

7 with a demonstrated institutional capability and commitment to the purposes 

8 of the Center, in order to ensure an effective and efficient system of research, 

9 information distribution, and skills training in all the related historic preser10 vation fields. 

11 (b) GRANT REQUIREMENTS.— 

12 (1) ALLOCATION.—Grants provided under this section shall be allo13 cated in such a fashion as to reflect the diversity of the historic preserva14 tion fields and shall be geographically distributed. 

15 (2) LIMIT ON AMOUNT A RECIPIENT MAY RECEIVE.—No grant recipient 

16 may receive more than 10 percent of the grants allocated under this sec17 tion within any year. 

18 (3) LIMIT ON ADMINISTRATIVE COSTS.—The total administrative costs, 

19 direct and indirect, charged for carrying out grants under this section 

20 may not exceed 25 percent of the aggregate costs. 

21 (c) ELIGIBLE APPLICANTS.—Eligible applicants may include— 

22 (1) Federal and non-Federal laboratories; 

23 (2) accredited museums; 

24 (3) universities; 

25 (4) nonprofit organizations; 

26 (5) System units and offices and Cooperative Park Study Units of the 

27 System; 

28 (6) State Historic Preservation Offices; 

29 (7) tribal preservation offices; and 

30 (8) Native Hawaiian organizations. 

31 (d) STANDARDS AND METHODS.—Grants shall be awarded in accordance 

32 with accepted professional standards and methods, including peer review of 

33 projects. 

34 § 305305. General provisions 

35 (a) ACCEPTANCE OF GRANTS AND TRANSFERS.—The Center may accept— 

36 (1) grants and donations from private individuals, groups, organiza37 tions, corporations, foundations, and other entities; and 

38 (2) transfers of funds from other Federal agencies. 

39 (b) CONTRACTS AND COOPERATIVE AGREEMENTS.—Subject to appropria40 tions, the Center may enter into contracts and cooperative agreements with 

41 Federal, State, local, and tribal governments, Native Hawaiian organizations, 


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1 educational institutions, and other public entities to carry out the Center’s 

2 responsibilities under this chapter. 

3 (c) ADDITIONAL FUNDS.—Funds appropriated for the Center shall be in 

4 addition to funds appropriated for Service programs, centers, and offices in 

5 existence on October 30, 1992. 

6 § 305306. Service preservation centers and offices 

7 To improve the use of existing Service resources, the Secretary shall fully 

8 utilize and further develop the Service preservation (including conservation) 

9 centers and regional offices. The Secretary shall improve the coordination of 

10 the centers and offices within the Service, and shall, where appropriate, co11 ordinate their activities with the Center and with other appropriate parties. 

12 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. 

13 § 305501. Definitions 

14 In this chapter: 

15 (1) BUILDING ARTS.—The term ‘‘building arts’’ includes all practical 

16 and scholarly aspects of prehistoric, historic, and contemporary architec17 ture, archeology, construction, building technology and skills, landscape 

18 architecture, preservation and conservation, building and construction, 

19 engineering, urban and community design and renewal, city and re20 gional planning, and related professions, skills, trades, and crafts. 

21 (2) COMMITTEE.—The term ‘‘Committee’’ means the Committee for a 

22 National Museum of the Building Arts, Incorporated, a nonprofit cor23 poration organized and existing under the laws of the District of Colum24 bia, or its successor. 

25 § 305502. Cooperative agreement to operate museum 

26 To provide a national center to commemorate and encourage the building 

27 arts and to preserve and maintain a nationally significant building that ex28 emplifies the great achievements of the building arts in the United States, the 

29 Secretary and the Administrator of General Services shall enter into a cooper30 ative agreement with the Committee for the operation of a National Building 

31 Museum in the Federal building located in the block bounded by Fourth 

32 Street, Fifth Street, F Street, and G Street, Northwest in Washington, Dis33 trict of Columbia. The cooperative agreement shall include provisions that— 

34 (1) make the site available to the Committee without charge; 

35 (2) provide, subject to available appropriations, such maintenance, se36 curity, information, janitorial, and other services as may be necessary 

37 to ensure the preservation and operation of the site; and 


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1 (3) prescribe reasonable terms and conditions by which the Committee 

2 can fulfill its responsibilities under this division. 

3 § 305503. Activities and functions 

4 The National Building Museum shall— 

5 (1) collect and disseminate information concerning the building arts, 

6 including the establishment of a national reference center for current and 

7 historic documents, publications, and research relating to the building 

8 arts; 

9 (2) foster educational programs relating to the history, practice, and 

10 contribution to society of the building arts, including promotion of imag11 inative educational approaches to enhance understanding and apprecia12 tion of all facets of the building arts; 

13 (3) publicly display temporary and permanent exhibits illustrating, 

14 interpreting and demonstrating the building arts; 

15 (4) sponsor or conduct research and study into the history of the build16 ing arts and their role in shaping our civilization; and 

17 (5) encourage contributions to the building arts. 

18 § 305504. Matching grants to Committee 

19 The Secretary shall provide matching grants to the Committee for its pro20 grams related to historic preservation. The Committee shall match the grants 

21 in such a manner and with such funds and services as shall be satisfactory 

22 to the Secretary, except that not more than $500,000 may be provided to the 

23 Committee in any one fiscal year. 

24 § 305505. Annual report 

25 The Committee shall submit an annual report to the Secretary and the Ad26 ministrator of General Services concerning its activities under this chapter 

27 and shall provide the Secretary and the Administrator of General Services 

28 with such other information as the Secretary may consider necessary or ad29 visable. 

30 Subdivision 5—Federal Agency Historic 

31 Preservation Responsibilities 

32 Chapter 3061—Program Responsibilities 

33 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. 


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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. 

1 Subchapter I—In General 

2 § 306101. Assumption of responsibility for preservation of his3 toric property 

4 (a) IN GENERAL.— 

5 (1) AGENCY HEAD RESPONSIBILITY.—The head of each Federal agency 

6 shall assume responsibility for the preservation of historic property that 

7 is owned or controlled by the agency. 

8 (2) USE OF AVAILABLE HISTORIC PROPERTY.—Prior to acquiring, con9 structing, or leasing a building for purposes of carrying out agency re10 sponsibilities, a Federal agency shall use, to the maximum extent fea11 sible, historic property available to the agency, in accordance with Exec12 utive Order No. 13006 (40 U.S.C. 3306 note). 

13 (3) NECESSARY PRESERVATION.—Each Federal agency shall under14 take, consistent with the preservation of historic property, the mission of 

15 the agency, and the professional standards established pursuant to sub16 section (c), any preservation as may be necessary to carry out this chap17 ter. 

18 (b) GUIDELINES FOR FEDERAL AGENCY RESPONSIBILITY FOR AGENCY19 OWNED HISTORIC PROPERTY.—In consultation with the Council, the Sec20 retary shall promulgate guidelines for Federal agency responsibilities under 

21 this subchapter (except section 306108). 

22 (c) PROFESSIONAL STANDARDS FOR PRESERVATION OF FEDERALLY OWNED

23 OR CONTROLLED HISTORIC PROPERTY.—The Secretary shall establish, in 

24 consultation with the Secretary of Agriculture, the Secretary of Defense, the 

25 Smithsonian Institution, and the Administrator of General Services, profes26 sional standards for the preservation of historic property in Federal owner27 ship or control. 

28 § 306102. Preservation program 

29 (a) ESTABLISHMENT.—Each Federal agency shall establish (except for pro30 grams or undertakings exempted pursuant to section 304108(c) of this title), 

31 in consultation with the Secretary, a preservation program for the identifica32 tion, evaluation, and nomination to the National Register, and protection, of 

33 historic property. 

34 (b) REQUIREMENTS.—The program shall ensure that— 


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1 (1) historic property under the jurisdiction or control of the agency 

2 is identified, evaluated, and nominated to the National Register; 

3 (2) historic property under the jurisdiction or control of the agency 

4 is managed and maintained in a way that considers the preservation of 

5 their historic, archeological, architectural, and cultural values in compli6 ance with section 306108 of this title and gives special consideration to 

7 the preservation of those values in the case of property designated as hav8 ing national significance; 

9 (3) the preservation of property not under the jurisdiction or control 

10 of the agency but potentially affected by agency actions is given full con11 sideration in planning; 

12 (4) the agency’s preservation-related activities are carried out in con13 sultation with other Federal, State, and local agencies, Indian tribes, Na14 tive Hawaiian organizations carrying out historic preservation planning 

15 activities, and the private sector; and 

16 (5) the agency’s procedures for compliance with section 306108 of this 

17 title— 

18 (A) are consistent with regulations promulgated by the Council 

19 pursuant to section 304108(a) and (b) of this title; 

20 (B) provide a process for the identification and evaluation of his21 toric property for listing on the National Register and the develop22 ment and implementation of agreements, in consultation with State 

23 Historic Preservation Officers, local governments, Indian tribes, Na24 tive Hawaiian organizations, and the interested public, as appro25 priate, regarding the means by which adverse effects on historic 

26 property will be considered; and 

27 (C) provide for the disposition of Native American cultural items 

28 from Federal or tribal land in a manner consistent with section 3(c) 

29 of the Native American Graves Protection and Repatriation Act (25 

30 U.S.C. 3002(c)). 

31 § 306103. Recordation of historic property prior to alteration 

32 or demolition 

33 Each Federal agency shall initiate measures to ensure that where, as a re34 sult of Federal action or assistance carried out by the agency, a historic prop35 erty is to be substantially altered or demolished— 

36 (1) timely steps are taken to make or have made appropriate records; 

37 and 

38 (2) the records are deposited, in accordance with section 302107 of this 

39 title, in the Library of Congress or with such other appropriate agency 

40 as the Secretary may designate, for future use and reference. 


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1 § 306104. Agency Preservation Officer 

2 The head of each Federal agency (except an agency that is exempted under 

3 section 304108(c) of this title) shall designate a qualified official as the agen4 cy’s Preservation Officer who shall be responsible for coordinating the agency’s 

5 activities under this division. Each Preservation Officer may, to be considered 

6 qualified, satisfactorily complete an appropriate training program established 

7 by the Secretary under section 306101(c) of this title. 

8 § 306105. Agency programs and projects 

9 Consistent with the agency’s missions and mandates, each Federal agency 

10 shall carry out agency programs and projects (including those under which 

11 any Federal assistance is provided or any Federal license, permit, or other 

12 approval is required) in accordance with the purposes of this division and 

13 give consideration to programs and projects that will further the purposes of 

14 this division. 

15 § 306106. Review of plans of transferees of surplus federally 

16 owned historic property 

17 The Secretary shall review and approve the plans of transferees of surplus 

18 federally owned historic property not later than 90 days after receipt of the 

19 plans to ensure that the prehistorical, historical, architectural, or culturally 

20 significant values will be preserved or enhanced. 

21 § 306107. Planning and actions to minimize harm to Na22 tional Historic Landmarks 

23 Prior to the approval of any Federal undertaking that may directly and 

24 adversely affect any National Historic Landmark, the head of the responsible 

25 Federal agency shall to the maximum extent possible undertake such planning 

26 and actions as may be necessary to minimize harm to the landmark. The 

27 head of the Federal agency shall afford the Council a reasonable opportunity 

28 to comment with regard to the undertaking. 

29 § 306108. Effect of undertaking on historic property 

30 The head of any Federal agency having direct or indirect jurisdiction over 

31 a proposed Federal or federally assisted undertaking in any State and the 

32 head of any Federal department or independent agency having authority to 

33 license any undertaking, prior to the approval of the expenditure of any Fed34 eral funds on the undertaking or prior to the issuance of any license, shall 

35 take into account the effect of the undertaking on any historic property. The 

36 head of the Federal agency shall afford the Council a reasonable opportunity 

37 to comment with regard to the undertaking. 

38 § 306109. Costs of preservation as eligible project costs 

39 A Federal agency may include the costs of preservation activities of the 

40 agency under this division as eligible project costs in all undertakings of the 

41 agency or assisted by the agency. The eligible project costs may include 


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1 amounts paid by a Federal agency to a State to be used in carrying out the 

2 preservation responsibilities of the Federal agency under this division, and 

3 reasonable costs may be charged to Federal licensees and permittees as a con4 dition to the issuance of the license or permit. 

5 § 306110. Annual preservation awards program 

6 The Secretary shall establish an annual preservation awards program 

7 under which the Secretary may make monetary awards in amounts of not 

8 to exceed $1,000 and provide citations for special achievement to officers and 

9 employees of Federal, State, and certified local governments in recognition of 

10 their outstanding contributions to the preservation of historic property. The 

11 program may include the issuance of annual awards by the President to any 

12 citizen of the United States recommended for the award by the Secretary. 

13 § 306111. Environmental impact statement 

14 Nothing in this division shall be construed to— 

15 (1) require the preparation of an environmental impact statement 

16 where the statement would not otherwise be required under the National 

17 Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.); or 

18 (2) provide any exemption from any requirement respecting the prepa19 ration of an environmental impact statement under that Act. 

20 § 306112. Waiver of provisions in event of natural disaster or 

21 imminent threat to national security 

22 The Secretary shall promulgate regulations under which the requirements 

23 of this subchapter (except section 306108) may be waived in whole or in part 

24 in the event of a major natural disaster or an imminent threat to national 

25 security. 

26 § 306113. Anticipatory demolition 

27 Each Federal agency shall ensure that the agency will not grant a loan, 

28 loan guarantee, permit, license, or other assistance to an applicant that, with 

29 intent to avoid the requirements of section 306108 of this title, has inten30 tionally significantly adversely affected a historic property to which the grant 

31 would relate, or having legal power to prevent it, has allowed the significant 

32 adverse effect to occur, unless the agency, after consultation with the Council, 

33 determines that circumstances justify granting the assistance despite the ad34 verse effect created or permitted by the applicant. 

35 § 306114. Documentation of decisions respecting under36 takings 

37 With respect to any undertaking subject to section 306108 of this title that 

38 adversely affects any historic property for which a Federal agency has not 

39 entered into an agreement pursuant to regulations issued by the Council, the 

40 head of the agency shall document any decision made pursuant to section 

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1 bility to document a decision pursuant to this section. Where an agreement 

2 pursuant to regulations issued by the Council has been executed with respect 

3 to an undertaking, the agreement shall govern the undertaking and all of its 

4 parts. 

5 Subchapter II—Lease, Exchange, or 

6 Management of Historic Property 

7 § 306121. Lease or exchange 

8 (a) AUTHORITY TO LEASE OR EXCHANGE.—Notwithstanding any other 

9 provision of law, each Federal agency, after consultation with the Council— 

10 (1) shall, to the extent practicable, establish and implement alter11 natives (including adaptive use) for historic property that is not needed 

12 for current or projected agency purposes; and 

13 (2) may lease historic property owned by the agency to any person 

14 or organization, or exchange any property owned by the agency with 

15 comparable historic property, if the agency head determines that the 

16 lease or exchange will adequately ensure the preservation of the historic 

17 property. 

18 (b) PROCEEDS OF LEASE.—Notwithstanding any other provision of law, 

19 the proceeds of a lease under subsection (a) may be retained by the agency 

20 entering into the lease and used to defray the costs of administration, mainte21 nance, repair, and related expenses incurred by the agency with respect to 

22 that property or other property that is on the National Register that is owned 

23 by, or are under the jurisdiction or control of, the agency. Any surplus pro24 ceeds from the leases shall be deposited in the Treasury at the end of the 2d 

25 fiscal year following the fiscal year in which the proceeds are received. 

26 § 306122. Contracts for management of historic property 

27 The head of any Federal agency having responsibility for the management 

28 of any historic property may, after consultation with the Council, enter into 

29 a contract for the management of the property. The contract shall contain 

30 terms and conditions that the head of the agency considers necessary or ap31 propriate to protect the interests of the United States and ensure adequate 

32 preservation of the historic property. 

33 Subchapter III—Protection and 

34 Preservation of Resources 

35 § 306131. Standards and guidelines 

36 (a) STANDARDS.— 

37 (1) IN GENERAL.—Each Federal agency that is responsible for the pro38 tection of historic property (including archeological property) pursuant 

39 to this division or any other law shall ensure that— 

40 (A) all actions taken by employees or contractors of the agency 

41 meet professional standards under regulations developed by the SecVerDate Mar 15 2010 00:44 Aug 03, 2012 Jkt 019200 PO 00000 Frm 00158 Fmt 6652 Sfmt 6223 E:\BILLS\H1950.RH H1950

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1 retary in consultation with the Council, other affected agencies, and 

2 the appropriate professional societies of archeology, architecture, 

3 conservation, history, landscape architecture, and planning; 

4 (B) agency personnel or contractors responsible for historic prop5 erty meet qualification standards established by the Office of Per6 sonnel Management in consultation with the Secretary and appro7 priate professional societies of archeology, architecture, conservation, 

8 curation, history, landscape architecture, and planning; and 

9 (C) records and other data, including data produced by historical 

10 research and archeological surveys and excavations, are perma11 nently maintained in appropriate databases and made available to 

12 potential users pursuant to such regulations as the Secretary shall 

13 promulgate. 

14 (2) CONSIDERATIONS.—The standards referred to in paragraph (1)(B) 

15 shall consider the particular skills and expertise needed for the preserva16 tion of historic property and shall be equivalent requirements for the dis17 ciplines involved. 

18 (3) REVISION.—The Office of Management and Budget shall revise 

19 qualification standards for the disciplines involved. 

20 (b) GUIDELINES.—To promote the preservation of historic property eligible 

21 for listing on the National Register, the Secretary shall, in consultation with 

22 the Council, promulgate guidelines to ensure that Federal, State, and tribal 

23 historic preservation programs subject to this division include plans to— 

24 (1) provide information to the owners of historic property (including 

25 architectural, curatorial, and archeological property) with demonstrated 

26 or likely research significance, about the need for protection of the his27 toric property, and the available means of protection; 

28 (2) encourage owners to preserve historic property intact and in place 

29 and offer the owners of historic property information on the tax and 

30 grant assistance available for the donation of the historic property or of 

31 a preservation easement of the historic property; 

32 (3) encourage the protection of Native American cultural items (within 

33 the meaning of section 2 of the Native American Graves Protection and 

34 Repatriation Act (25 U.S.C. 3001)) and of property of religious or cul35 tural importance to Indian tribes, Native Hawaiian organizations, or 

36 other Native American groups; and 

37 (4) encourage owners that are undertaking archeological excavations 

38 to— 

39 (A) conduct excavations and analyses that meet standards for fed40 erally-sponsored excavations established by the Secretary; 


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1 (B) donate or lend artifacts of research significance to an appro2 priate research institution; 

3 (C) allow access to artifacts for research purposes; and 

4 (D) prior to excavating or disposing of a Native American cul5 tural item in which an Indian tribe or Native Hawaiian organiza6 tion may have an interest under subparagraph (B) or (C) of section 

7 3(a)(2) of the Native American Graves Protection and Repatriation 

8 Act (25 U.S.C. 3002(a)(2)(B), (C)), give notice to and consult with 

9 the Indian tribe or Native Hawaiian organization. 

10 Subdivision 6—Miscellaneous 

11 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. 

12 § 307101. World Heritage Convention 

13 (a) AUTHORITY OF SECRETARY.—In carrying out this section, the Sec14 retary of the Interior may act directly or through an appropriate officer in 

15 the Department of the Interior. 

16 (b) PARTICIPATION BY UNITED STATES.—The Secretary shall direct and 

17 coordinate participation by the United States in the World Heritage Conven18 tion in cooperation with the Secretary of State, the Smithsonian Institution, 

19 and the Council. Whenever possible, expenditures incurred in carrying out ac20 tivities in cooperation with other nations and international organizations 

21 shall be paid for in such excess currency of the country or area where the 

22 expense is incurred as may be available to the United States. 

23 (c) NOMINATION OF PROPERTY TO WORLD HERITAGE COMMITTEE.—The 

24 Secretary shall periodically nominate property that the Secretary determines 

25 is of international significance to the World Heritage Committee on behalf of 

26 the United States. No property may be nominated unless it has previously 

27 been determined to be of national significance. Each nomination shall include 

28 evidence of such legal protections as may be necessary to ensure preservation 

29 of the property and its environment (including restrictive covenants, ease30 ments, or other forms of protection). Before making any nomination, the Sec31 retary shall notify the Committee on Natural Resources of the House of Rep32 resentatives and the Committee on Energy and Natural Resources of the Sen33 ate. 


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1 (d) NOMINATION OF NON-FEDERAL PROPERTY TO WORLD HERITAGE COM2 MITTEE REQUIRES WRITTEN CONCURRENCE OF OWNER.—No non-Federal 

3 property may be nominated by the Secretary to the World Heritage Com4 mittee for inclusion on the World Heritage List unless the owner of the prop5 erty concurs in the nomination in writing. 

6 (e) CONSIDERATION OF UNDERTAKING ON PROPERTY.—Prior to the ap7 proval of any undertaking outside the United States that may directly and 

8 adversely affect a property that is on the World Heritage List or on the appli9 cable country’s equivalent of the National Register, the head of a Federal 

10 agency having direct or indirect jurisdiction over the undertaking shall take 

11 into account the effect of the undertaking on the property for purposes of 

12 avoiding or mitigating any adverse effect. 

13 § 307102. Effective date of regulations 

14 (a) PUBLICATION IN FEDERAL REGISTER.—No final regulation of the Sec15 retary shall become effective prior to the expiration of 30 calendar days after 

16 it is published in the Federal Register during which either or both Houses 

17 of Congress are in session. 

18 (b) DISAPPROVAL OF REGULATION BY RESOLUTION OF CONGRESS.—The 

19 regulation shall not become effective if, within 90 calendar days of continuous 

20 session of Congress after the date of promulgation, both Houses of Congress 

21 adopt a concurrent resolution, the matter after the resolving clause of which 

22 is as follows: ‘‘That Congress disapproves the regulation promulgated by the 

23 Secretary dealing with the matter of , which regulation was trans24 mitted to Congress on , ’’ the blank spaces in the resolution being 

25 appropriately filled. 

26 (c) FAILURE OF CONGRESS TO ADOPT RESOLUTION OF DISAPPROVAL OF

27 REGULATION.—If at the end of 60 calendar days of continuous session of Con28 gress after the date of promulgation of a regulation, no committee of either 

29 House of Congress has reported or been discharged from further consideration 

30 of a concurrent resolution disapproving the regulation, and neither House has 

31 adopted such a resolution, the regulation may go into effect immediately. If, 

32 within the 60 calendar days, a committee has reported or been discharged 

33 from further consideration of such a resolution, the regulation may go into 

34 effect not sooner than 90 calendar days of continuous session of Congress after 

35 its promulgation unless disapproved as provided for. 

36 (d) SESSIONS OF CONGRESS.—For purposes of this section— 

37 (1) continuity of session is broken only by an adjournment sine die; 

38 and 

39 (2) the days on which either House is not in session because of an ad40 journment of more than 3 days to a day certain are excluded in the com41 putation of 60 and 90 calendar days of continuous session of Congress. 


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1 (e) CONGRESSIONAL INACTION OR REJECTION OF RESOLUTION OF DIS2 APPROVAL NOT DEEMED APPROVAL OF REGULATION.—Congressional inac3 tion on or rejection of a resolution of disapproval shall not be deemed an ex4 pression of approval of the regulation. 

5 § 307103. Access to information 

6 (a) AUTHORITY TO WITHHOLD FROM DISCLOSURE.—The head of a Federal 

7 agency, or other public official receiving grant assistance pursuant to this di8 vision, after consultation with the Secretary, shall withhold from disclosure 

9 to the public information about the location, character, or ownership of a his10 toric property if the Secretary and the agency determine that disclosure 

11 may— 

12 (1) cause a significant invasion of privacy; 

13 (2) risk harm to the historic property; or 

14 (3) impede the use of a traditional religious site by practitioners. 

15 (b) ACCESS DETERMINATION.—When the head of a Federal agency or other 

16 public official determines that information should be withheld from the public 

17 pursuant to subsection (a), the Secretary, in consultation with the Federal 

18 agency head or official, shall determine who may have access to the informa19 tion for the purpose of carrying out this division. 

20 (c) CONSULTATION WITH COUNCIL.—When information described in sub21 section (a) has been developed in the course of an agency’s compliance with 

22 section 306107 or 306108 of this title, the Secretary shall consult with the 

23 Council in reaching determinations under subsections (a) and (b). 

24 § 307104. Inapplicability of division to White House, Supreme 

25 Court building, or United States Capitol 

26 Nothing in this division applies to the White House and its grounds, the 

27 Supreme Court building and its grounds, or the United States Capitol and 

28 its related buildings and grounds. 

29 § 307105. Attorney’s fees and costs to prevailing parties in 

30 civil actions 

31 In any civil action brought in any United States district court by any in32 terested person to enforce this division, if the person substantially prevails in 

33 the action, the court may award attorney’s fees, expert witness fees, and other 

34 costs of participating in the civil action, as the court considers reasonable. 

35 § 307106. Authorization for expenditure of appropriated 

36 funds 

37 Where appropriate, each Federal agency may expend funds appropriated 

38 for its authorized programs for the purposes of activities carried out pursuant 

39 to this division, except to the extent that appropriations legislation expressly 

40 provides otherwise. 


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1 § 307107. Donations and bequests of money, personal prop2 erty, and less than fee interests in historic property 

3 (a) MONEY AND PERSONAL PROPERTY.—The Secretary may accept dona4 tions and bequests of money and personal property for the purposes of this 

5 division and shall hold, use, expend, and administer the money and personal 

6 property for those purposes. 

7 (b) LESS THAN FEE INTEREST IN HISTORIC PROPERTY.—The Secretary 

8 may accept gifts or donations of less than fee interests in any historic prop9 erty where the acceptance of an interest will facilitate the conservation or 

10 preservation of the historic property. Nothing in this section or in any provi11 sion of this division shall be construed to affect or impair any other authority 

12 of the Secretary under other provision of law to accept or acquire any prop13 erty for conservation or preservation or for any other purpose. 

14 § 307108. Privately donated funds 

15 (a) PROJECTS FOR WHICH FUNDS MAY BE USED.—In furtherance of the 

16 purposes of this division, the Secretary may accept the donation of funds that 

17 may be expended by the Secretary for projects to acquire, restore, preserve, 

18 or recover data from any property included on the National Register, as long 

19 as the project is owned by a State, any unit of local government, or any non20 profit entity. 

21 (b) CONSIDERATION OF FACTORS RESPECTING EXPENDITURE OF FUNDS.— 

22 (1) IN GENERAL.—In expending the funds, the Secretary shall give due 

23 consideration to— 

24 (A) the national significance of the project; 

25 (B) its historical value to the community; 

26 (C) the imminence of its destruction or loss; and 

27 (D) the expressed intentions of the donor. 

28 (2) FUNDS AVAILABLE WITHOUT REGARD TO MATCHING REQUIRE29 MENTS.—Funds expended under this subsection shall be made available 

30 without regard to the matching requirements established by sections 

31 302901 and 302902(b) of this title, but the recipient of the funds shall 

32 be permitted to utilize them to match any grants from the Historic Pres33 ervation Fund. 

34 (c) TRANSFER OF UNOBLIGATED FUNDS.—The Secretary may transfer un35 obligated funds previously donated to the Secretary for the purposes of the 

36 Service, with the consent of the donor, and any funds so transferred shall be 

37 used or expended in accordance with this division. 


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1 Division B—Organizations and Programs 

2 Subdivision 1—Administered by National 

3 Park Service 

4 Chapter 3081—American Battlefield 

5 Protection Program 

Sec. 

308101. Definition. 

308102. Preservation assistance. 

308103. Battlefield acquisition grant program. 

6 § 308101. Definition 

7 In this chapter, the term ‘‘Secretary’’ means the Secretary, acting through 

8 the American Battlefield Protection Program. 

9 § 308102. Preservation assistance 

10 (a) IN GENERAL.—Using the established national historic preservation pro11 gram to the extent practicable, the Secretary shall encourage, support, assist, 

12 recognize, and work in partnership with citizens, Federal, State, local, and 

13 tribal governments, other public entities, educational institutions, and private 

14 nonprofit organizations in identifying, researching, evaluating, interpreting, 

15 and protecting historic battlefields and associated sites on a national, State, 

16 and local level. 

17 (b) FINANCIAL ASSISTANCE.—To carry out subsection (a), the Secretary 

18 may use a cooperative agreement, grant, contract, or other generally adopted 

19 means of providing financial assistance. 

20 (c) AUTHORIZATION OF APPROPRIATIONS.—There is authorized to be ap21 propriated to carry out this section $3,000,000 for each fiscal year, to remain 

22 available until expended. 

23 § 308103. Battlefield acquisition grant program 

24 (a) DEFINITION.—In this section, the term ‘‘eligible site’’ means a site— 

25 (1) that is not within the exterior boundaries of a System unit; and 

26 (2) that is identified in the document entitled ‘‘Report on the Nation’s 

27 Civil War Battlefields’’, prepared by the Civil War Sites Advisory Com28 mission, and dated July 1993. 

29 (b) ESTABLISHMENT.—The Secretary shall establish a battlefield acquisi30 tion grant program under which the Secretary may provide grants to State 

31 and local governments to pay the Federal share of the cost of acquiring inter32 ests in eligible sites for the preservation and protection of those eligible sites. 

33 (c) NONPROFIT PARTNERS.—A State or local government may acquire an 

34 interest in an eligible site using a grant under this section in partnership 

35 with a nonprofit organization. 

36 (d) NON-FEDERAL SHARE.—The non-Federal share of the total cost of ac37 quiring an interest in an eligible site under this section shall be not less than 

38 50 percent. 


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1 (e) LIMITATION ON LAND USE.—An interest in an eligible site acquired 

2 under this section shall be subject to section 200305(f)(3) of this title. 

3 (f) AUTHORIZATION OF APPROPRIATIONS.—There is authorized to be appro4 priated to the Secretary to provide grants under this section $10,000,000 for 

5 each of fiscal years 2012 and 2013. 

6 Chapter 3083—National Underground 

7 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. 

8 § 308301. Definition 

9 In this chapter, the term ‘‘national network’’ means the National Under10 ground Railroad Network to Freedom established under section 308302 of this 

11 title. 

12 § 308302. Program 

13 (a) ESTABLISHMENT; RESPONSIBILITIES OF SECRETARY.—The Secretary 

14 shall establish in the Service the National Underground Railroad Network to 

15 Freedom. Under the national network, the Secretary shall— 

16 (1) produce and disseminate appropriate educational materials, such 

17 as handbooks, maps, interpretive guides, or electronic information; 

18 (2) enter into appropriate cooperative agreements and memoranda of 

19 understanding to provide technical assistance under subsection (c); and 

20 (3) create and adopt an official, uniform symbol or device for the na21 tional network and issue regulations for its use. 

22 (b) ELEMENTS.—The national network shall encompass the following ele23 ments: 

24 (1) All System units and programs of the Service determined by the 

25 Secretary to pertain to the Underground Railroad. 

26 (2) Other Federal, State, local, and privately owned properties per27 taining to the Underground Railroad that have a verifiable connection 

28 to the Underground Railroad and that are included on, or determined 

29 by the Secretary to be eligible for inclusion on, the National Register of 

30 Historic Places. 

31 (3) Other governmental and nongovernmental facilities and programs 

32 of an educational, research, or interpretive nature that are directly re33 lated to the Underground Railroad. 

34 (c) COOPERATIVE AGREEMENTS AND MEMORANDA OF UNDERSTANDING.— 

35 To achieve the purposes of this chapter and to ensure effective coordination 

36 of the Federal and non-Federal elements of the national network with System 

37 units and programs of the Service, the Secretary may enter into cooperative 


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1 agreements and memoranda of understanding with, and provide technical as2 sistance— 

3 (1) to the heads of other Federal agencies, States, localities, regional 

4 governmental bodies, and private entities; and 

5 (2) in cooperation with the Secretary of State, to the governments of 

6 Canada, Mexico, and any appropriate country in the Caribbean. 

7 § 308303. Preservation and interpretation of Underground 

8 Railroad history, historic sites, and structures 

9 (a) AUTHORITY TO MAKE GRANTS.—The Secretary may make grants in 

10 accordance with this section for the preservation and restoration of historic 

11 buildings or structures associated with the Underground Railroad, and for re12 lated research and documentation to sites, programs, or facilities that have 

13 been included in the national network. 

14 (b) GRANT CONDITIONS.—Any grant made under this section shall provide 

15 that— 

16 (1) no change or alteration may be made in property for which the 

17 grant is used except with the agreement of the property owner and the 

18 Secretary; 

19 (2) the Secretary shall have the right of access at reasonable times to 

20 the public portions of the property for interpretive and other purposes; 

21 and 

22 (3) conversion, use, or disposal of the property for purposes contrary 

23 to the purposes of this chapter, as determined by the Secretary, shall re24 sult in a right of the United States to compensation equal to all Federal 

25 funds made available to the grantee under this chapter. 

26 (c) MATCHING REQUIREMENT.—The Secretary may obligate funds made 

27 available for a grant under this section only if the grantee agrees to match, 

28 from funds derived from non-Federal sources, the amount of the grant with 

29 an amount that is equal to or greater than the grant. The Secretary may 

30 waive the requirement if the Secretary determines that an extreme emergency 

31 exists or that a waiver is in the public interest to ensure the preservation of 

32 historically significant resources. 

33 § 308304. Authorization of appropriations 

34 (a) AMOUNTS.—There is authorized to be appropriated to carry out this 

35 chapter $2,500,000 for each fiscal year, of which— 

36 (1) $2,000,000 shall be used to carry out section 308302 of this title; 

37 and 

38 (2) $500,000 shall be used to carry out section 308303 of this title. 

39 (b) LIMITATION.—No amount may be appropriated for the purposes of this 

40 chapter except to the Secretary for carrying out the responsibilities of the Sec41 retary as set forth in this chapter. 


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1 Chapter 3085—National Women’s Rights 

2 History Project 

Sec. 

308501. National women’s rights history project national registry. 

308502. National women’s rights history project partnerships network. 

3 § 308501. National women’s rights history project national 

4 registry 

5 (a) IN GENERAL.—The Secretary may make annual grants to State his6 toric preservation offices for not more than 5 years to assist the State historic 

7 preservation offices in surveying, evaluating, and nominating to the National 

8 Register of Historic Places women’s rights history properties. 

9 (b) ELIGIBILITY.—In making grants under subsection (a), the Secretary 

10 shall give priority to grants relating to properties associated with the multiple 

11 facets of the women’s rights movement, such as politics, economics, education, 

12 religion, and social and family rights. 

13 (c) UPDATES.—The Secretary shall ensure that the National Register travel 

14 itinerary website entitled ‘‘Places Where Women Made History’’ is updated 

15 to contain— 

16 (1) the results of the inventory conducted under subsection (a); and 

17 (2) any links to websites related to places on the inventory. 

18 (d) COST-SHARING REQUIREMENT.—The Federal share of the cost of any 

19 activity carried out using any assistance made available under this section 

20 shall be 50 percent. 

21 (e) AUTHORIZATION OF APPROPRIATIONS.—There is authorized to be ap22 propriated to the Secretary to carry out this section $1,000,000 for each of 

23 fiscal years 2012 and 2013. 

24 § 308502. National women’s rights history project partner25 ships network 

26 (a) GRANTS.—The Secretary may make matching grants and give technical 

27 assistance for development of a network of governmental and nongovernmental 

28 entities (referred to in this section as the ‘‘network’’), the purpose of which 

29 is to provide interpretive and educational program development of national 

30 women’s rights history, including historic preservation. 

31 (b) MANAGEMENT OF NETWORK.— 

32 (1) IN GENERAL.—Through a competitive process, the Secretary shall 

33 designate a nongovernmental managing entity to manage the network. 

34 (2) COORDINATION.—The nongovernmental managing entity des35 ignated under paragraph (1) shall work in partnership with the Director 

36 and State historic preservation offices to coordinate operation of the net37 work. 

38 (c) COST-SHARING REQUIREMENT.— 


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1 (1) IN GENERAL.—The Federal share of the cost of any activity carried 

2 out using any assistance made available under this section shall be 50 

3 percent. 

4 (2) STATE HISTORIC PRESERVATION OFFICES.—Matching grants for 

5 historic preservation specific to the network may be made available 

6 through State historic preservation offices. 

7 (d) AUTHORIZATION OF APPROPRIATIONS.—There is authorized to be ap8 propriated to the Secretary to carry out this section $1,000,000 for each of 

9 fiscal years 2012 and 2013. 

10 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. 

11 § 308701. Policy 

12 It shall be the policy of the Federal Government, in partnership with the 

13 States and local governments and private organizations and individuals, to— 

14 (1) use measures, including financial and technical assistance, to fos15 ter conditions under which our modern society and our historic maritime 

16 resources can exist in productive harmony; 

17 (2) provide leadership in the preservation of the historic maritime re18 sources of the United States; 

19 (3) contribute to the preservation of historic maritime resources and 

20 give maximum encouragement to organizations and individuals under21 taking preservation by private means; and 

22 (4) assist State and local governments to expand their maritime his23 toric preservation programs and activities. 

24 § 308702. Definitions 

25 In this chapter: 

26 (1) NATIONAL TRUST.—The term ‘‘National Trust’’ means the Na27 tional Trust for Historic Preservation in the United States established 

28 under section 312102 of this title. 

29 (2) PRIVATE NONPROFIT ORGANIZATION.—The term ‘‘private nonprofit 

30 organization’’ means any person that is exempt from taxation under sec31 tion 501(a) of the Internal Revenue Code of 1986 (26 U.S.C. 501(a)) and 

32 described in section 501(c)(3) of the Internal Revenue Code of 1986 (26 

33 U.S.C. 501(c)(3)). 

34 (3) PROGRAM.—The term ‘‘Program’’ means the National Maritime 

35 Heritage Grants Program established under section 308703(a) of this 

36 title. 


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1 (4) STATE HISTORIC PRESERVATION OFFICER.—The term ‘‘State His2 toric Preservation Officer’’ means a State Historic Preservation Officer 

3 appointed pursuant to section 302301(1) of this title by the chief execu4 tive official of a State having a State Historic Preservation Program ap5 proved by the Secretary under that section. 

6 § 308703. National Maritime Heritage Grants Program 

7 (a) ESTABLISHMENT.—There is established in the Department of the Inte8 rior the National Maritime Heritage Grants Program, to foster in the Amer9 ican public a greater awareness and appreciation of the role of maritime en10 deavors in our Nation’s history and culture. The Program shall consist of— 

11 (1) annual grants to the National Trust for subgrants administered 

12 by the National Trust for maritime heritage education projects under 

13 subsection (b); and 

14 (2) grants to State Historic Preservation Officers for maritime herit15 age preservation projects carried out or administered by those Officers 

16 under subsection (c). 

17 (b) GRANTS FOR MARITIME HERITAGE EDUCATION PROJECTS.— 

18 (1) GRANTS TO NATIONAL TRUST.—The Secretary, subject to para19 graph (2), and the availability of amounts for that purpose under section 

20 308704(b)(1)(A) of this title, shall make an annual grant to the National 

21 Trust for maritime heritage education projects. 

22 (2) USE OF GRANTS.—Amounts received by the National Trust as an 

23 annual grant under this subsection shall be used to make subgrants to 

24 State and local governments and private nonprofit organizations to 

25 carry out education projects that have been approved by the Secretary 

26 under subsection (f) and that consist of— 

27 (A) assistance to any maritime museum or historical society 

28 for— 

29 (i) existing and new educational programs, exhibits, edu30 cational activities, conservation, and interpretation of artifacts 

31 and collections; 

32 (ii) minor improvements to educational and museum facili33 ties; and 

34 (iii) other similar activities; 

35 (B) activities designed to encourage the preservation of tradi36 tional maritime skills, including— 

37 (i) building and operation of vessels of all sizes and types 

38 for educational purposes; 

39 (ii) special skills such as wood carving, sail making, and 

40 rigging; 

41 (iii) traditional maritime art forms; and 


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1 (iv) sail training; 

2 (C) other educational activities relating to historic maritime re3 sources, including— 

4 (i) maritime educational waterborne-experience programs 

5 in historic vessels or vessel reproductions; 

6 (ii) maritime archeological field schools; and 

7 (iii) educational programs on other aspects of maritime his8 tory; 

9 (D) heritage programs focusing on maritime historic resources, 

10 including maritime heritage trails and corridors; or 

11 (E) the construction and use of reproductions of historic mari12 time resources for educational purposes, if a historic maritime re13 source no longer exists or would be damaged or consumed through 

14 direct use. 

15 (c) GRANTS FOR MARITIME HERITAGE PRESERVATION PROJECTS.— 

16 (1) GRANTS TO STATE HISTORIC PRESERVATION OFFICERS.—The Sec17 retary, acting through the National Maritime Initiative of the Service 

18 and subject to paragraph (2), and the availability of amounts for that 

19 purpose under section 308704(b)(1)(B) of this title, shall make grants to 

20 State Historic Preservation Officers for maritime heritage preservation 

21 projects. 

22 (2) USE OF GRANTS.—Amounts received by a State Historic Preserva23 tion Officer as a grant under this subsection shall be used by the Officer 

24 to carry out, or to make subgrants to local governments and private non25 profit organizations to carry out, projects that have been approved by 

26 the Secretary under subsection (f) for the preservation of historic mari27 time resources through— 

28 (A) identification of historic maritime resources, including un29 derwater archeological sites; 

30 (B) acquisition of historic maritime resources for the purposes of 

31 preservation; 

32 (C) repair, restoration, stabilization, maintenance, or other cap33 ital improvements to historic maritime resources, in accordance 

34 with standards prescribed by the Secretary; and 

35 (D) research, recording (through drawings, photographs, or other36 wise), planning (through feasibility studies, architectural and engi37 neering services, or otherwise), and other services carried out as 

38 part of a preservation program for historic maritime resources. 

39 (d) CRITERIA FOR DIRECT GRANT AND SUBGRANT ELIGIBILITY.—To qual40 ify for a subgrant from the National Trust under subsection (b), or a direct 


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1 grant to or a subgrant from a State Historic Preservation Officer under sub2 section (c), a person shall— 

3 (1) demonstrate that the project for which the direct grant or subgrant 

4 will be used has the potential for reaching a broad audience with an ef5 fective educational program based on American maritime history, tech6 nology, or the role of maritime endeavors in American culture; 

7 (2) match the amount of the direct grant or subgrant, on a 1-to-1 

8 basis, with non-Federal assets from non-Federal sources, which may in9 clude cash or donated services fairly valued as determined by the Sec10 retary; 

11 (3) maintain records as may be reasonably necessary to fully dis12 close— 

13 (A) the amount and the disposition of the proceeds of the direct 

14 grant or subgrant; 

15 (B) the total cost of the project for which the direct grant or 

16 subgrant is made; and 

17 (C) other records as may be required by the Secretary, including 

18 such records as will facilitate an effective accounting for project 

19 funds; 

20 (4) provide access to the Secretary for the purposes of any required 

21 audit and examination of any records of the person; and 

22 (5) be a unit of State or local government, or a private nonprofit orga23 nization. 

24 (e) PROCEDURES, TERMS, AND CONDITIONS.— 

25 (1) APPLICATION PROCEDURES.—An application for a subgrant under 

26 subsection (b), or a direct grant or subgrant under subsection (c), shall 

27 be submitted under procedures prescribed by the Secretary. 

28 (2) TERMS AND CONDITIONS.—A person may not receive a subgrant 

29 under subsection (b), or a direct grant or subgrant under subsection (c), 

30 unless the person agrees to assume, after completion of the project for 

31 which the direct grant or subgrant is awarded, the total cost of the con32 tinued maintenance, repair, and administration of any property for 

33 which the subgrant will be used in a manner satisfactory to the Sec34 retary. 

35 (f) ALLOCATION OF, AND LIMITATION ON, GRANT FUNDING.— 

36 (1) ALLOCATION.—To the extent feasible, the Secretary shall ensure 

37 that the amount made available under subsection (b) for maritime herit38 age education projects is equal to the amount made available under sub39 section (c) for maritime heritage preservation projects. 

40 (2) LIMITATION.—The amount provided by the Secretary in a fiscal 

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1 time resources owned or operated by the Federal Government shall not 

2 exceed 40 percent of the total amount available for the fiscal year for 

3 grants under this section. 

4 (g) PUBLICATION OF DIRECT GRANT AND SUBGRANT INFORMATION.—The 

5 Secretary shall publish annually in the Federal Register and otherwise as the 

6 Secretary considers appropriate— 

7 (1) a solicitation of applications for direct grants and subgrants under 

8 this section; 

9 (2) a list of priorities for the making of those direct grants and sub10 grants; 

11 (3) a single deadline for the submission of applications for those direct 

12 grants and subgrants; and 

13 (4) other relevant information. 

14 (h) DIRECT GRANT AND SUBGRANT ADMINISTRATION.— 

15 (1) RESPONSIBILITY.— 

16 (A) NATIONAL TRUST.—The National Trust is responsible for ad17 ministering subgrants for maritime heritage education projects 

18 under subsection (b). 

19 (B) SECRETARY.—The Secretary is responsible for administering 

20 direct grants for maritime heritage preservation projects under sub21 section (c). 

22 (C) STATE HISTORIC PRESERVATION OFFICERS.—State Historic 

23 Preservation Officers are responsible for administering subgrants for 

24 maritime heritage preservation projects under subsection (c). 

25 (2) ACTIONS.—The appropriate responsible party under paragraph (1) 

26 shall administer direct grants or subgrants by— 

27 (A) publicizing the Program to prospective grantees, subgrantees, 

28 and the public at large, in cooperation with the Service, the Mari29 time Administration, and other appropriate government agencies 

30 and private institutions; 

31 (B) answering inquiries from the public, including providing in32 formation on the Program as requested; 

33 (C) distributing direct grant and subgrant applications; 

34 (D) receiving direct grant and subgrant applications and ensur35 ing their completeness; 

36 (E) keeping records of all direct grant and subgrant awards and 

37 expenditures of funds; 

38 (F) monitoring progress of projects carried out with direct grants 

39 and subgrants; and 

40 (G) providing to the Secretary such progress reports as may be 

41 required by the Secretary. 


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1 (i) ASSISTANCE OF MARITIME PRESERVATION ORGANIZATIONS.—The Sec2 retary, the National Trust, and the State Historic Preservation Officers may, 

3 individually or jointly, enter into cooperative agreements with any private 

4 nonprofit organization with appropriate expertise in maritime preservation 

5 issues, or other qualified maritime preservation organizations, to assist in the 

6 administration of the Program. 

7 (j) REPORT TO CONGRESS.—The Secretary shall submit to Congress an an8 nual report on the Program, including— 

9 (1) a description of each project funded under the Program in the pe10 riod covered by the report; 

11 (2) the results or accomplishments of each such project; and 

12 (3) recommended priorities for achieving the policy set forth in section 

13 308701 of this title. 

14 § 308704. Funding 

15 (a) AVAILABILITY OF FUNDS FROM SALE AND SCRAPPING OF OBSOLETE

16 VESSELS.— 

17 (1) IN GENERAL.—Notwithstanding any other provision of law, the 

18 amount of funds credited in a fiscal year to the Vessel Operations Re19 volving Fund established by section 50301(a) of title 46 that is attrib20 utable to the sale of obsolete vessels in the National Defense Reserve Fleet 

21 that are scrapped or sold under section 57102, 57103, or 57104 of title 

22 46 shall be available until expended as follows: 

23 (A) Fifty percent shall be available to the Administrator of the 

24 Maritime Administration for such acquisition, maintenance, repair, 

25 reconditioning, or improvement of vessels in the National Defense 

26 Reserve Fleet as is authorized under other Federal law. 

27 (B) Twenty five percent shall be available to the Administrator 

28 of the Maritime Administration for the payment or reimbursement 

29 of expenses incurred by or on behalf of State maritime academies 

30 or the United States Merchant Marine Academy for facility and 

31 training ship maintenance, repair, and modernization, and for the 

32 purchase of simulators and fuel. 

33 (C) The remainder shall be available— 

34 (i) to the Secretary to carry out the Program, as provided 

35 in subsection (b); or 

36 (ii) if otherwise determined by the Administrator of the Mar37 itime Administration, for use in the preservation and presen38 tation to the public of maritime heritage property of the Mari39 time Administration. 

40 (2) APPLICABILITY.—Paragraph (1) does not apply to amounts cred41 ited to the Vessel Operations Revolving Fund before July 1, 1994. 


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1 (b) USE OF AMOUNTS FOR PROGRAM.— 

2 (1) IN GENERAL.—Except as provided in paragraph (2), of amounts 

3 available each fiscal year for the Program under subsection (a)(1)(C)— 

4 (A) one half shall be used for grants under section 308703(b) of 

5 this title; and 

6 (B) one half shall be used for grants under section 308703(c) of 

7 this title. 

8 (2) ADMINISTRATIVE EXPENSES.— 

9 (A) IN GENERAL.—Not more than 15 percent or $500,000, which10 ever is less, of the amount available for the Program under sub11 section (a)(1)(C) for a fiscal year may be used for expenses of ad12 ministering the Program. 

13 (B) ALLOCATION.—Of the amount available under subparagraph 

14 (A) for a fiscal year— 

15 (i) one half shall be allocated to the National Trust for ex16 penses incurred in administering grants under section 

17 308703(b) of this title; and 

18 (ii) one half shall be allocated as appropriate by the Sec19 retary to the Service and participating State Historic Preser20 vation Officers. 

21 (c) DISPOSAL OF VESSELS.— 

22 (1) REQUIREMENT.—The Secretary of Transportation shall dispose 

23 (by sale or by purchase of disposal services) of all vessels described in 

24 paragraph (2)— 

25 (A) in accordance with a priority system for disposing of vessels, 

26 as determined by the Secretary, that shall include provisions requir27 ing the Maritime Administration to— 

28 (i) dispose of all deteriorated high priority ships that are 

29 available for disposal within 12 months of their designation as 

30 available for disposal; and 

31 (ii) give priority to the disposition of those vessels that pose 

32 the most significant danger to the environment or cost the most 

33 to maintain; 

34 (B) in the manner that provides the best value to the Federal 

35 Government, except in any case in which obtaining the best value 

36 would require towing a vessel and the towing poses a serious threat 

37 to the environment; and 

38 (C) in accordance with the plan of the Department of Transpor39 tation for disposal of those vessels and requirements under sections 

40 57102 to 57104 of title 46. 


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1 (2) DESCRIPTION OF VESSELS.—The vessels referred to in paragraph 

2 (1) are the vessels in the National Defense Reserve Fleet after July 1, 

3 1994, that— 

4 (A) are not assigned to the Ready Reserve Force component of the 

5 National Defense Reserve Fleet; and 

6 (B) are not specifically authorized or required by statute to be 

7 used for a particular purpose. 

8 (d) TREATMENT OF AVAILABLE AMOUNTS.—Amounts available under this 

9 section shall not be considered in any determination of the amounts available 

10 to the Department of the Interior. 

11 § 308705. Designation of America’s National Maritime Mu12 seum 

13 (a) IN GENERAL.—America’s National Maritime Museum shall be com14 posed of the museums designated by law to be museums of America’s National 

15 Maritime Museum on the basis that the museums— 

16 (1) house a collection of maritime artifacts clearly representing the 

17 Nation’s maritime heritage; and 

18 (2) provide outreach programs to educate the public about the Nation’s 

19 maritime heritage. 

20 (b) INITIAL DESIGNATION.—The following museums (meeting the criteria 

21 specified in subsection (a)) are designated as museums of America’s National 

22 Maritime Museum: 

23 (1) The Mariners’ Museum, located at 100 Museum Drive, Newport 

24 News, Virginia. 

25 (2) The South Street Seaport Museum, located at 207 Front Street, 

26 New York, New York. 

27 (c) FUTURE DESIGNATION OF OTHER MUSEUMS NOT PRECLUDED.—The 

28 designation of the museums referred to in subsection (b) as museums of Amer29 ica’s National Maritime Museum does not preclude the designation by law of 

30 any other museum that meets the criteria specified in subsection (a) as a mu31 seum of America’s National Maritime Museum. 

32 (d) REFERENCE TO MUSEUMS.—Any reference in any law, map, regula33 tion, document, paper, or other record of the United States to a museum des34 ignated by law to be a museum of America’s National Maritime Museum 

35 shall be deemed to be a reference to that museum as a museum of America’s 

36 National Maritime Museum. 

37 § 308706. Regulations 

38 The Secretary, after consultation with the National Trust, the National 

39 Conference of State Historic Preservation Officers, and appropriate members 

40 of the maritime heritage community, shall prescribe appropriate guidelines, 

41 procedures, and regulations to carry out the chapter, including direct grant 


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1 and subgrant priorities, the method of solicitation and review of direct grant 

2 and subgrant proposals, criteria for review of direct grant and subgrant pro3 posals, administrative requirements, reporting and recordkeeping require4 ments, and any other requirements the Secretary considers appropriate. 

5 § 308707. Applicability of other authorities 

6 The authorities contained in this chapter shall be in addition to, and shall 

7 not be construed to supersede or modify those contained in division A of this 

8 subtitle. 

9 Chapter 3089—Save America’s Treasures 

10 Program 

Sec. 

308901. Definitions. 

308902. Establishment. 

308903. Grants. 

308904. Guidelines and regulations. 

308905. Authorization of appropriations. 

11 § 308901. Definitions 

12 In this chapter: 

13 (1) COLLECTION.—The term ‘‘collection’’ means a collection of intellec14 tual and cultural artifacts, including documents, sculpture, and works 

15 of art. 

16 (2) ELIGIBLE ENTITY.—The term ‘‘eligible entity’’ means a Federal 

17 entity, State, local, or tribal government, educational institution, or non18 profit organization. 

19 (3) HISTORIC PROPERTY.—The term ‘‘historic property’’ has the 

20 meaning given the term in section 300308 of this title. 

21 (4) NATIONALLY SIGNIFICANT.—The term ‘‘nationally significant’’, in 

22 reference to a collection or historic property, means a collection or his23 toric property that meets the applicable criteria for national signifi24 cance, in accordance with regulations promulgated by the Secretary pur25 suant to section 302103 of this title. 

26 (5) PROGRAM.—The term ‘‘program’’ means the Save America’s Treas27 ures Program established under section 308902(a) of this title. 

28 (6) SECRETARY.—The term ‘‘Secretary’’ means the Secretary, acting 

29 through the Director. 

30 § 308902. Establishment 

31 (a) IN GENERAL.—There is established in the Department of the Interior 

32 the Save America’s Treasures Program. 

33 (b) PARTICIPANTS.—In consultation and partnership with the National 

34 Endowment for the Arts, the National Endowment for the Humanities, the 

35 Institute of Museum and Library Services, the National Trust for Historic 

36 Preservation in the United States, the National Conference of State Historic 

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1 tion Officers, and the President’s Committee on the Arts and the Humanities, 

2 the Secretary shall use the amounts made available under section 308905 of 

3 this title to provide grants to eligible entities for projects to preserve nation4 ally significant collections and historic property. 

5 § 308903. Grants 

6 (a) DETERMINATION OF GRANTS.—Of the amounts made available for 

7 grants under section 308905 of this title, not less than 50 percent shall be 

8 made available for grants for projects to preserve collections and historic 

9 property, to be distributed through a competitive grant process administered 

10 by the Secretary, subject to the selection criteria established under subsection 

11 (d). 

12 (b) APPLICATION FOR GRANTS.—To be considered for a grant under the 

13 program an eligible entity shall submit to the Secretary an application con14 taining such information as the Secretary may require. 

15 (c) COLLECTIONS AND HISTORIC PROPERTY ELIGIBLE FOR GRANTS.— 

16 (1) IN GENERAL.—A collection or historic property shall be provided 

17 a grant under the program only if the Secretary determines that the col18 lection or historic property is— 

19 (A) nationally significant; and 

20 (B) threatened or endangered. 

21 (2) ELIGIBLE COLLECTIONS.—A determination by the Secretary re22 garding the national significance of a collection under paragraph (1)(A) 

23 shall be made in consultation with the organizations described in section 

24 308902(b) of this title, as appropriate. 

25 (3) ELIGIBLE HISTORIC PROPERTY.—To be eligible for a grant under 

26 the program, a historic property shall, as of the date of the grant appli27 cation— 

28 (A) be listed on the National Register of Historic Places at the 

29 national level of significance; or 

30 (B) be designated as a National Historic Landmark. 

31 (d) SELECTION CRITERIA.— 

32 (1) IN GENERAL.—The Secretary shall not provide a grant under this 

33 chapter to a project for a collection or historic property unless the 

34 project— 

35 (A) eliminates or substantially mitigates the threat of destruction 

36 or deterioration of the collection or historic property; 

37 (B) has a clear public benefit; and 

38 (C) is able to be completed on schedule and within the budget de39 scribed in the grant application. 


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1 (2) PREFERENCE.—In providing grants under this chapter, the Sec2 retary may give preference to projects that carry out the purposes of both 

3 the program and the Preserve America Program. 

4 (3) LIMITATION.—In providing grants under this chapter, the Sec5 retary shall provide only one grant to each project selected for a grant. 

6 (e) CONSULTATION AND NOTIFICATION BY SECRETARY.— 

7 (1) CONSULTATION.— 

8 (A) IN GENERAL.—Subject to subparagraph (B), the Secretary 

9 shall consult with the organizations described in section 308902(b) 

10 of this title in preparing the list of projects to be provided grants 

11 for a fiscal year under the program. 

12 (B) LIMITATION.—If an organization described in section 

13 308902(b) of this title has submitted an application for a grant 

14 under the program, the organization shall be recused by the Sec15 retary from the consultation requirements under subparagraph (A) 

16 and section 308902(b) of this title. 

17 (2) NOTIFICATION.—Not later than 30 days before the date on which 

18 the Secretary provides grants for a fiscal year under the program, the 

19 Secretary shall submit to the Committee on Energy and Natural Re20 sources and Committee on Appropriations of the Senate and the Com21 mittee on Natural Resources and Committee on Appropriations of the 

22 House of Representatives a list of any eligible projects that are to be pro23 vided grants under the program for the fiscal year. 

24 (f) COST-SHARING REQUIREMENT.— 

25 (1) IN GENERAL.—The non-Federal share of the cost of carrying out 

26 a project provided a grant under this chapter shall be not less than 50 

27 percent of the total cost of the project. 

28 (2) FORM OF NON-FEDERAL SHARE.—The non-Federal share required 

29 under paragraph (1) shall be in the form of— 

30 (A) cash; or 

31 (B) donated supplies or related services, the value of which shall 

32 be determined by the Secretary. 

33 (3) REQUIREMENT.—The Secretary shall ensure that each applicant 

34 for a grant has the capacity and a feasible plan for securing the non35 Federal share for an eligible project required under paragraph (1) before 

36 a grant is provided to the eligible project under the program. 

37 § 308904. Guidelines and regulations 

38 The Secretary shall develop any guidelines and prescribe any regulations 

39 that the Secretary determines to be necessary to carry out this chapter. 


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1 § 308905. Authorization of appropriations 

2 There is authorized to be appropriated to carry out this chapter 

3 $50,000,000 for each fiscal year, to remain available until expended. 

4 Chapter 3091—Commemoration of Former 

5 Presidents 

Sec. 

309101. Sites and structures that commemorate former Presidents. 

6 § 309101. Sites and structures that commemorate former 

7 Presidents 

8 (a) SURVEY.—The Secretary may conduct a survey of sites that the Sec9 retary considers exhibit qualities most appropriate for the commemoration of 

10 each former President. The survey may— 

11 (1) include sites associated with the deeds, leadership, or lifework of 

12 a former President; and 

13 (2) identify sites or structures historically unrelated to a former Presi14 dent but that may be suitable as a memorial to honor that President. 

15 (b) REPORTS.—The Secretary shall, from time to time, prepare and trans16 mit to the Committee on Natural Resources of the House of Representatives 

17 and the Committee on Energy and Natural Resources of the Senate reports 

18 on individual sites and structures identified in a survey under subsection (a), 

19 together with the Secretary’s recommendation as to whether the site or struc20 ture is suitable for establishment as a national historic site or national memo21 rial to commemorate a former President. Each report shall include pertinent 

22 information with respect to the need for acquisition of land and interests in 

23 land, the development of facilities, and the operation and maintenance of the 

24 site or structure and the estimated cost of the operation and maintenance. 

25 (c) ESTABLISHMENT AS NATIONAL HISTORIC SITE.—If during the 6-month 

26 period following the transmittal of a report pursuant to subsection (b) neither 

27 Committee has by vote of a majority of its members disapproved a rec28 ommendation of the Secretary that a site or structure is suitable for establish29 ment as a national historic site, the Secretary may by appropriate order es30 tablish the site or structure as a national historic site, including the land and 

31 interests in land identified in the report accompanying the recommendation 

32 of the Secretary. 

33 (d) ACQUISTION OF LAND AND INTERESTS IN LAND.—The Secretary may 

34 acquire the land and interests in land by donation, purchase with donated 

35 or appropriated funds, transfer from any other Federal agency, or exchange. 

36 (e) EFFECT OF SECTION.—Nothing in this section shall be construed as di37 minishing the authority of the Secretary under chapter 3201 of this title or 

38 as authorizing the Secretary to establish any national memorial, creation of 

39 which is expressly reserved to Congress. 


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1 Subdivision 2—Administered Jointly With 

2 National Park Service 

3 Chapter 3111—Preserve America Program 

Sec. 

311101. Definitions. 

311102. Establishment. 

311103. Designation of Preserve America Communities. 

311104. Regulations. 

311105. Authoriztion of appropriations. 

4 § 311101. Definitions 

5 In this chapter: 

6 (1) COUNCIL.—The term ‘‘Council’’ means the Advisory Council on 

7 Historic Preservation. 

8 (2) HERITAGE TOURISM.—The term ‘‘heritage tourism’’ means the 

9 conduct of activities to attract and accommodate visitors to a site or area 

10 based on the unique or special aspects of the history, landscape (includ11 ing trail systems), and culture of the site or area. 

12 (3) PROGRAM.—The term ‘‘program’’ means the Preserve America 

13 Program established under section 311102(a). 

14 § 311102. Establishment 

15 (a) IN GENERAL.—There is established in the Department of the Interior 

16 the Preserve America Program, under which the Secretary, in partnership 

17 with the Council, may provide competitive grants to States, local governments 

18 (including local governments in the process of applying for designation as 

19 Preserve America Communities under section 311103 of this title, Indian 

20 tribes, communities designated as Preserve America Communities under sec21 tion 311103 of this title, State historic preservation offices, and tribal historic 

22 preservation offices to support preservation efforts through heritage tourism, 

23 education, and historic preservation planning activities. 

24 (b) ELIGIBLE PROJECTS.— 

25 (1) IN GENERAL.—The following projects shall be eligible for a grant 

26 under this chapter: 

27 (A) A project for the conduct of— 

28 (i) research on, and documentation of, the history of a com29 munity; and 

30 (ii) surveys of the historic resources of a community. 

31 (B) An education and interpretation project that conveys the his32 tory of a community or site. 

33 (C) A planning project (other than building rehabilitation) that 

34 advances economic development using heritage tourism and historic 

35 preservation. 


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1 (D) A training project that provides opportunities for profes2 sional development in areas that would aid a community in using 

3 and promoting its historic resources. 

4 (E) A project to support heritage tourism in a Preserve America 

5 Community designated under section 311103 of this title. 

6 (F) Other nonconstruction projects that identify or promote his7 toric properties or provide for the education of the public about his8 toric properties that are consistent with the purposes of this chapter. 

9 (2) LIMITATION.—In providing grants under this chapter, the Sec10 retary shall provide only one grant to each eligible project selected for 

11 a grant. 

12 (c) PREFERENCE.—In providing grants under this chapter, the Secretary 

13 may give preference to projects that carry out the purposes of both the pro14 gram and the Save America’s Treasures Program. 

15 (d) CONSULTATION AND NOTIFICATION.— 

16 (1) CONSULTATION.—The Secretary shall consult with the Council in 

17 preparing the list of projects to be provided grants for a fiscal year under 

18 the program. 

19 (2) NOTIFICATION.—Not later than 30 days before the date on which 

20 the Secretary provides grants for a fiscal year under the program, the 

21 Secretary shall submit to the Committee on Energy and Natural Re22 sources and Committee on Appropriations of the Senate and the Com23 mittee on Natural Resources and Committee on Appropriations of the 

24 House of Representatives a list of any eligible projects that are to be pro25 vided grants under the program for the fiscal year. 

26 (e) COST-SHARING REQUIREMENT.— 

27 (1) IN GENERAL.—The non-Federal share of the cost of carrying out 

28 a project provided a grant under this chapter shall be not less than 50 

29 percent of the total cost of the project. 

30 (2) FORM OF NON-FEDERAL SHARE.—The non-Federal share required 

31 under paragraph (1) shall be in the form of— 

32 (A) cash; or 

33 (B) donated supplies and related services, the value of which shall 

34 be determined by the Secretary. 

35 (3) REQUIREMENT.—The Secretary shall ensure that each applicant 

36 for a grant has the capacity to secure, and a feasible plan for securing, 

37 the non-Federal share for an eligible project required under paragraph 

38 (1) before a grant is provided to the eligible project under the program. 

39 § 311103. Designation of Preserve America Communities 

40 (a) APPLICATION.—To be considered for designation as a Preserve America 

41 Community, a community, tribal area, or neighborhood shall submit to the 


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1 Council an application containing such information as the Council may re2 quire. 

3 (b) CRITERIA.—To be designated as a Preserve America Community under 

4 the program, a community, tribal area, or neighborhood that submits an ap5 plication under subsection (a) shall, as determined by the Council, in con6 sultation with the Secretary, meet criteria required by the Council and, in 

7 addition, consider— 

8 (1) protection and celebration of the heritage of the community, tribal 

9 area, or neighborhood; 

10 (2) use of the historic assets of the community, tribal area, or neigh11 borhood for economic development and community revitalization; and 

12 (3) encouragement of people to experience and appreciate local historic 

13 resources through education and heritage tourism programs. 

14 (c) LOCAL GOVERNMENTS PREVIOUSLY CERTIFIED FOR HISTORIC PRESER15 VATION ACTIVITIES.—The Council shall establish an expedited process for Pre16 serve America Community designation for local governments previously cer17 tified for historic preservation activities under section 302502 of this title. 

18 (d) GUIDELINES.—The Council, in consultation with the Secretary, shall 

19 establish any guidelines that are necessary to carry out this section. 

20 § 311104. Regulations 

21 The Secretary shall develop any guidelines and issue any regulations that 

22 the Secretary determines to be necessary to carry out this chapter. 

23 § 311105. Authorization of appropriations 

24 There is authorized to be appropriated to carry out this chapter 

25 $25,000,000 for each fiscal year, to remain available until expended. 

26 Subdivision 3—Administered by Other 

27 Than National Park Service 

28 Chapter 3121—National Trust for Historic 

29 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. 

30 § 312101. Definitions 

31 In this chapter: 

32 (1) BOARD.—The term ‘‘Board’’ means the board of trustees of the Na33 tional Trust. 

34 (2) NATIONAL TRUST.—The term ‘‘National Trust’’ means the Na35 tional Trust for Historic Preservation in the United States established 

36 under section 312102 of this title. 


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1 § 312102. Establishment and purposes 

2 (a) ESTABLISHMENT.—To further the policy enunciated in chapter 3201 of 

3 this title, and to facilitate public participation in the preservation of sites, 

4 buildings, and objects of national significance or interest, there is established 

5 a charitable, educational, and nonprofit corporation to be known as the Na6 tional Trust for Historic Preservation in the United States. 

7 (b) PURPOSES.—The purposes of the National Trust shall be to— 

8 (1) receive donations of sites, buildings, and objects significant in 

9 American history and culture; 

10 (2) preserve and administer the sites, buildings, and objects for public 

11 benefit; 

12 (3) accept, hold, and administer gifts of money, securities, or other 

13 property of any character for the purpose of carrying out the preserva14 tion program; and 

15 (4) execute other functions vested in the National Trust by this chap16 ter. 

17 § 312103. Principal office 

18 The National Trust shall have its principal office in the District of Colum19 bia and shall be deemed, for purposes of venue in civil actions, to be a resi20 dent of the District of Columbia. The National Trust may establish offices in 

21 other places as it may consider necessary or appropriate in the conduct of 

22 its business. 

23 § 312104. Board of trustees 

24 (a) MEMBERSHIP.—The affairs of the National Trust shall be under the 

25 general direction of a board of trustees composed as follows: 

26 (1) The Attorney General, the Secretary, and the Director of the Na27 tional Gallery of Art, ex officio. 

28 (2) Not fewer than 6 general trustees who shall be citizens of the 

29 United States. 

30 (b) DESIGNATION OF ANOTHER OFFICER.—The Attorney General and the 

31 Secretary, when it appears desirable in the interest of the conduct of the busi32 ness of the Board and to such extent as they consider it advisable, may, by 

33 written notice to the National Trust, designate any officer of their respective 

34 departments to act for them in the discharge of their duties as a member of 

35 the Board. 

36 (c) GENERAL TRUSTEES.— 

37 (1) NUMBER AND SELECTION.—The number of general trustees shall 

38 be fixed by the Board and shall be chosen by the members of the National 

39 Trust from its members at any regular meeting of the National Trust. 


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1 (2) TERM OF OFFICE.—The respective terms of office of the general 

2 trustees shall be as prescribed by the Board but in no case shall exceed 

3 a period of 5 years from the date of election. 

4 (3) SUCCESSOR.—A successor to a general trustee shall be chosen in 

5 the same manner and shall have a term expiring 5 years from the date 

6 of the expiration of the term for which the predecessor was chosen, except 

7 that a successor chosen to fill a vacancy occurring prior to the expiration 

8 of a term shall be chosen only for the remainder of that term. 

9 (d) CHAIRMAN.—The chairman of the Board shall be elected by a majority 

10 vote of the members of the Board. 

11 (e) COMPENSATION AND REIMBURSEMENT.—No compensation shall be paid 

12 to the members of the Board for their services as such members, but they shall 

13 be reimbursed for travel and actual expenses necessarily incurred by them in 

14 attending board meetings and performing other official duties on behalf of the 

15 National Trust at the direction of the Board. 

16 § 312105. Powers 

17 (a) IN GENERAL.—To the extent necessary to enable it to carry out the 

18 functions vested in it by this chapter, the National Trust has the general pow19 ers described in this section. 

20 (b) SUCCESSION.—The National Trust has succession until dissolved by Act 

21 of Congress, in which event title to the property of the National Trust, both 

22 real and personal, shall, insofar as consistent with existing contractual obliga23 tions and subject to all other legally enforceable claims or demands by or 

24 against the National Trust, pass to and become vested in the United States. 

25 (c) SUE AND BE SUED.—The National Trust may sue and be sued in its 

26 corporate name. 

27 (d) CORPORATE SEAL.—The National Trust may adopt, alter, and use a 

28 corporate seal that shall be judicially noticed. 

29 (e) CONSTITUTION, BYLAWS, AND REGULATIONS.—The National Trust may 

30 adopt a constitution and prescribe such bylaws and regulations, not incon31 sistent with the laws of the United States or of any State, as it considers nec32 essary for the administration of its functions under this chapter, including 

33 among other matters, bylaws and regulations governing visitation to historic 

34 properties, administration of corporate funds, and the organization and pro35 cedure of the Board. 

36 (f) PERSONAL PROPERTY—The National Trust may accept, hold, and ad37 minister gifts and bequests of money, securities, or other personal property 

38 of any character, absolutely or in trust, for the purposes for which the Na39 tional Trust is created. Unless otherwise restricted by the terms of a gift or 

40 bequest, the National Trust may sell, exchange, or otherwise dispose of, and 

41 invest or reinvest in investments as it may determine from time to time, the 


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1 moneys, securities, or other property given or bequeathed to it. The principal 

2 of corporate funds and the income from those funds and all other revenues 

3 received by the National Trust from any source shall be placed in such deposi4 tories as the National Trust shall determine and shall be subject to expendi5 ture by the National Trust for its corporate purposes. 

6 (g) REAL PROPERTY.—The National Trust may acquire by gift, devise, 

7 purchase, or otherwise, absolutely or in trust, and hold and, unless otherwise 

8 restricted by the terms of the gift or devise, encumber, convey, or otherwise 

9 dispose of, any real property, or any estate or interest in real property (ex10 cept property within the exterior boundaries of a System unit), as may be 

11 necessary and proper in carrying into effect the purposes of the National 

12 Trust. 

13 (h) CONTRACTS AND COOPERATIVE AGREEMENTS RESPECTING PROTEC14 TION, PRESERVATION, MAINTENANCE, OR OPERATION.—The National Trust 

15 may contract and make cooperative agreements with Federal, State, or local 

16 agencies, corporations, associations, or individuals, under terms and condi17 tions that the National Trust considers advisable, respecting the protection, 

18 preservation, maintenance, or operation of any historic site, building, object, 

19 or property used in connection with the site, building, object, or property for 

20 public use, regardless of whether the National Trust has acquired title to the 

21 property, or any interest in the property. 

22 (i) ENTER INTO CONTRACTS AND EXECUTE INSTRUMENTS.—The National 

23 Trust may enter into contracts generally and execute all instruments nec24 essary or appropriate to carry out its corporate purposes, including conces25 sion contracts, leases, or permits for the use of land, buildings, or other prop26 erty considered desirable either to accommodate the public or to facilitate ad27 ministration. 

28 (j) OFFICERS, AGENTS, AND EMPLOYEES.—The National Trust may ap29 point and prescribe the duties of officers, agents, and employees as may be 

30 necessary to carry out its functions, and fix and pay compensation to them 

31 for their services as the National Trust may determine. 

32 (k) LAWFUL ACTS.—The National Trust may generally do any and all 

33 lawful acts necessary or appropriate to carry out the purposes for which the 

34 National Trust is created. 

35 § 312106. Consultation with National Park System Advisory 

36 Board 

37 In carrying out its functions under this chapter, the National Trust may 

38 consult with the National Park System Advisory Board on matters relating 

39 to the selection of sites, buildings, and objects to be preserved and protected 

40 pursuant to this chapter. 


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1 Chapter 3123—Commission for the 

2 Preservation of America’s Heritage Abroad 

Sec. 

312301. Definition. 

312302. Declaration of national interest. 

312303. Establishment. 

312304. Duties and powers; administrative support. 

312305. Reports. 

3 § 312301. Definition 

4 In this chapter, the term ‘‘Commission’’ means the Commission for the 

5 Preservation of America’s Heritage Abroad established under section 312303 

6 of this title. 

7 § 312302. Declaration of national interest 

8 Because the fabric of a society is strengthened by visible reminders of the 

9 historical roots of the society, it is in the national interest to encourage the 

10 preservation and protection of the cemeteries, monuments, and historic build11 ings associated with the foreign heritage of United States citizens. 

12 § 312303. Establishment 

13 (a) ESTABLISHMENT.—There is established a commission to be known as 

14 the Commission for the Preservation of America’s Heritage Abroad. 

15 (b) MEMBERSHIP.—The Commission shall consist of 21 members appointed 

16 by the President, 7 of whom shall be appointed after consultation with the 

17 Speaker of the House of Representatives and 7 of whom shall be appointed 

18 after consultation with the President pro tempore of the Senate. 

19 (c) TERM.— 

20 (1) IN GENERAL.—Except as provided in paragraph (2), a member of 

21 the Commission shall be appointed for a term of 3 years. 

22 (2) VACANCY.—A member appointed to fill a vacancy on the Commis23 sion shall serve for the remainder of the term for which the member’s 

24 predecessor was appointed. 

25 (3) MEMBER UNTIL SUCCESSOR APPOINTED.—A member may retain 

26 membership on the Commission until the member’s successor has been 

27 appointed. 

28 (d) CHAIRMAN.—The President shall designate the Chairman of the Com29 mission from among its members. 

30 (e) MEETINGS.—The Commission shall meet at least once every 6 months. 

31 (f) COMPENSATION AND EXPENSES.— 

32 (1) COMPENSATION.—Members of the Commission shall receive no pay 

33 on account of their service on the Commission. 

34 (2) EXPENSES.—While away from their homes or regular places of 

35 business in the performance of services for the Commission, members of 

36 the Commission shall be allowed travel expenses, including per diem in 

37 lieu of subsistence, in the same manner as individuals employed interVerDate Mar 15 2010 00:44 Aug 03, 2012 Jkt 019200 PO 00000 Frm 00186 Fmt 6652 Sfmt 6223 E:\BILLS\H1950.RH H1950

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1 mittently in the Government service are allowed expenses under section 

2 5703 of title 5. 

3 § 312304. Duties and powers; administrative support 

4 (a) DUTIES.—The Commission shall— 

5 (1) identify and publish a list of cemeteries, monuments, and historic 

6 buildings located abroad that are associated with the foreign heritage of 

7 United States citizens from eastern and central Europe, particularly 

8 cemeteries, monuments, and buildings that are in danger of deterioration 

9 or destruction; 

10 (2) encourage the preservation and protection of those cemeteries, 

11 monuments, and historic buildings by obtaining, in cooperation with the 

12 Secretary of State, assurances from foreign governments that the ceme13 teries, monuments, and buildings will be preserved and protected; and 

14 (3) prepare and disseminate reports on the condition of, and the 

15 progress toward preserving and protecting, those cemeteries, monuments, 

16 and historic buildings. 

17 (b) POWERS.— 

18 (1) HOLD HEARINGS, REQUEST ATTENDANCE, TAKE TESTIMONY, AND

19 RECEIVE EVIDENCE.—The Commission or any member it authorizes 

20 may, for the purposes of carrying out this chapter, hold such hearings, 

21 sit and act at such times and places, request such attendance, take such 

22 testimony, and receive such evidence, as the Commission considers appro23 priate. 

24 (2) APPOINT PERSONNEL AND FIX PAY.—The Commission may ap25 point such personnel (subject to the provisions of title 5 governing ap26 pointments in the competitive service) and may fix the pay of such per27 sonnel (subject to the provisions of chapter 51 and subchapter III of 

28 chapter 53 of title 5), as the Commission considers desirable. 

29 (3) PROCURE TEMPORARY AND INTERMITTENT SERVICES.—The Com30 mission may procure temporary and intermittent services to the same 

31 extent as is authorized by section 3109(b) of title 5, but at rates for indi32 viduals not to exceed the daily equivalent of the maximum annual rate 

33 of basic pay then in effect under section 5376 of title 5. 

34 (4) DETAIL PERSONNEL TO COMMISISON.—On request of the Commis35 sion, the head of any Federal department or agency, including the Sec36 retary of State, may detail, on a reimbursable basis, any of the personnel 

37 of that department or agency to the Commission to assist it in carrying 

38 out its duties under this chapter. 

39 (5) SECURE INFORMATION.—The Commission may secure directly 

40 from any department or agency of the United States, including the De41 partment of State, any information necessary to enable it to carry out 


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1 this chapter. On the request of the Chairman of the Commission, the head 

2 of the department or agency shall furnish the information to the Com3 mission. 

4 (6) GIFTS OR DONATIONS.—The Commission may accept, use, and dis5 pose of gifts or donations of money or property. 

6 (7) USE OF MAILS.—The Commission may use the United States 

7 mails in the same manner and on the same conditions as other depart8 ments and agencies of the United States. 

9 (c) ADMINISTRATIVE SUPPORT.—The Administrator of General Services 

10 shall provide to the Commission on a reimbursable basis administrative sup11 port services as the Commission may request. 

12 § 312305. Reports 

13 As soon as practicable after the end of each fiscal year, the Commission 

14 shall transmit to the President a report that includes— 

15 (1) a detailed statement of the activities and accomplishments of the 

16 Commission during the fiscal year; and 

17 (2) any recommendations of the Commission for legislation and ad18 ministrative actions. 

19 Chapter 3125—Preservation of Historical 

20 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. 

21 § 312501. Definition 

22 In this chapter, the term ‘‘State’’ includes a State, the District of Colum23 bia, Puerto Rico, Guam, American Samoa, the Virgin Islands, and the North24 ern Mariana Islands. 

25 § 312502. Threat of irreparable loss or destruction of signifi26 cant scientific, prehistorical, historical, or archeo27 logical data by Federal construction projects 

28 (a) ACTIVITY OF FEDERAL AGENCY.— 

29 (1) NOTIFICATION OF SECRETARY.—When any Federal agency finds, 

30 or is notified, in writing, by an appropriate historical or archeological 

31 authority, that its activities in connection with any Federal construction 

32 project or federally licensed project, activity, or program may cause ir33 reparable loss or destruction of significant scientific, prehistorical, histor34 ical, or archeological data, the agency shall notify the Secretary, in writVerDate Mar 15 2010 00:44 Aug 03, 2012 Jkt 019200 PO 00000 Frm 00188 Fmt 6652 Sfmt 6223 E:\BILLS\H1950.RH H1950

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1 ing, and shall provide the Secretary with appropriate information con2 cerning the project, program, or activity. 

3 (2) RECOVERY, PROTECTION, AND PRESERVATION OF DATA.—The agen4 cy— 

5 (A) may request the Secretary to undertake the recovery, protec6 tion, and preservation of the data (including preliminary survey, 

7 or other investigation as needed, and analysis and publication of 

8 the reports resulting from the investigation); or 

9 (B) may, with funds appropriated for the project, program, or 

10 activity, undertake those activities. 

11 (3) AVAILABILITY OF REPORTS.—Copies of reports of any investiga12 tions made pursuant to this section shall be submitted to the Secretary, 

13 who shall make them available to the public for inspection and review. 

14 (b) ACTIVITY OF PRIVATE PERSON, ASSOCIATION, OR PUBLIC ENTITY.— 

15 (1) RECOVERY BY SECRETARY.—When any Federal agency provides fi16 nancial assistance by loan, grant, or otherwise to any private person, as17 sociation, or public entity, the Secretary, if the Secretary determines that 

18 significant scientific, prehistorical, historical, or archeological data 

19 might be irrevocably lost or destroyed, may, with funds appropriated ex20 pressly for this purpose— 

21 (A) conduct, with the consent of all persons, associations, or pub22 lic entities having a legal interest in the property, a survey of the 

23 affected site; and 

24 (B) undertake the recovery, protection, and preservation of the 

25 data (including analysis and publication). 

26 (2) COMPENSATION.—The Secretary shall, unless otherwise agreed to 

27 in writing, compensate any person, association, or public entity dam28 aged as a result of delays in construction or as a result of the temporary 

29 loss of the use of private or any nonfederally owned land. 

30 § 312503. Survey and recovery by Secretary 

31 (a) IN GENERAL.—The Secretary, on notification, in writing, by any Fed32 eral or State agency or appropriate historical or archeological authority that 

33 scientific, prehistorical, historical, or archeological data are being or may be 

34 irrevocably lost or destroyed by any Federal or federally assisted or licensed 

35 project, activity, or program, shall, if the Secretary determines that the data 

36 are significant and are being or may be irrevocably lost or destroyed and 

37 after reasonable notice to the agency responsible for funding or licensing the 

38 project, activity, or program— 

39 (1) conduct or cause to be conducted a survey and other investigation 

40 of the areas that are or may be affected; and 


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1 (2) recover and preserve the data (including analysis and publication) 

2 that, in the opinion of the Secretary, are not being, but should be, recov3 ered and preserved in the public interest. 

4 (b) WHEN SURVEY OR RECOVERY NOT REQUIRED.—No survey or recovery 

5 work shall be required pursuant to this section that, in the determination of 

6 the head of the responsible agency, would impede Federal or federally assisted 

7 or licensed projects or activities undertaken in connection with any emer8 gency, including projects or activities undertaken in anticipation of, or as a 

9 result of, a natural disaster. 

10 (c) INITIATION OF SURVEY.—The Secretary shall initiate the survey or re11 covery effort within— 

12 (1) 60 days after notification pursuant to subsection (a); or 

13 (2) such time as may be agreed on with the head of the agency respon14 sible for funding or licensing the project, activity, or program in all 

15 other cases. 

16 (d) COMPENSATION BY SECRETARY.—The Secretary shall, unless otherwise 

17 agreed to in writing, compensate any person, association, or public entity 

18 damaged as a result of delays in construction or as a result of the temporary 

19 loss of the use of private or nonfederally owned land. 

20 § 312504. Progress reports by Secretary on surveys and work 

21 undertaken as result of surveys 

22 (a) PROGRESS REPORTS TO FUNDING OR LICENSING AGENCY.—The Sec23 retary shall keep the agency responsible for funding or licensing the project 

24 notified at all times of the progress of any survey made under this chapter 

25 or of any work undertaken as a result of a survey, in order that there will 

26 be as little disruption or delay as possible in the carrying out of the functions 

27 of the agency. The survey and recovery programs shall terminate at a time 

28 agreed on by the Secretary and the head of the agency unless extended by 

29 agreement. 

30 (b) DISPOSITION OF RELICS AND SPECIMENS.—The Secretary shall consult 

31 with any interested Federal and State agencies, educational and scientific or32 ganizations, private institutions, and qualified individuals, with a view to 

33 determining the ownership of, and the most appropriate repository for, any 

34 relics and specimens recovered as a result of any work performed as provided 

35 for in this section. 

36 (c) COORDINATION OF ACTIVITIES.—The Secretary shall coordinate all Fed37 eral survey and recovery activities authorized under this chapter. 

38 § 312505. Notice of dam construction 

39 (a) IN GENERAL.—Before any Federal agency undertakes the construction 

40 of a dam, or issues a license to any private individual or corporation for the 

41 construction of a dam, it shall give written notice to the Secretary setting 


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1 forth the site of the proposed dam and the approximate area to be flooded 

2 and otherwise changed if construction is undertaken. 

3 (b) DAMS WITH CERTAIN DETENTION CAPACITY OR RESERVOIR.—With re4 spect to any flood water retarding dam that provides fewer than 5,000 acre5 feet of detention capacity, and with respect to any other type of dam that 

6 creates a reservoir of fewer than 40 surface acres, this section shall apply only 

7 when the constructing agency, in its preliminary surveys, finds or is pre8 sented with evidence that historical or archeological materials exist or may 

9 be present in the proposed reservoir area. 

10 § 312506. Administration 

11 In the administration of this chapter, the Secretary may— 

12 (1) enter into contracts or make cooperative agreements with any Fed13 eral or State agency, educational or scientific organization, or institu14 tion, corporation, association, or qualified individual; 

15 (2) obtain the services of experts and consultants or organizations of 

16 experts and consultants in accordance with section 3109 of title 5; and 

17 (3) accept and utilize funds made available for salvage archeological 

18 purposes by any private person or corporation or transferred to the Sec19 retary by any Federal agency. 

20 § 312507. Assistance to Secretary by Federal agencies respon21 sible for construction projects 

22 (a) ASSISTANCE OF FEDERAL AGENCIES.—To carry out this chapter, any 

23 Federal agency responsible for a construction project may assist the Secretary 

24 or may transfer to the Secretary funds as may be agreed on, but not more 

25 than 1 percent of the total amount authorized to be appropriated for the 

26 project, except that the 1 percent limitation under this section shall not apply 

27 if the cost of the project is $50,000 or less. The costs of the survey, recovery, 

28 analysis, and publication shall be deemed nonreimbursable project costs. 

29 (b) AVAILABILITY OF APPROPRIATIONS.—Amounts appropriated for pur30 poses of this section shall remain available until expended. 

31 § 312508. Costs for identification, surveys, evaluation, and 

32 data recovery with respect to historic property 

33 Notwithstanding section 312507(a) of this title or any other provision of 

34 law— 

35 (1) identification, surveys, and evaluation carried out with respect to 

36 historic property within project areas may be treated for purposes of any 

37 law or rule of law as planning costs of the project and not as costs of 

38 mitigation; 

39 (2) reasonable costs for identification, surveys, evaluation, and data 

40 recovery carried out with respect to historic property within project 


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1 areas may be charged to Federal licensees and permittees as a condition 

2 to the issuance of the license or permit; and 

3 (3) Federal agencies, with the concurrence of the Secretary and after 

4 notification of the Committee on Natural Resources of the House of Rep5 resentatives and the Committee on Energy and Natural Resources of the 

6 Senate, may waive, in appropriate cases, the 1 percent limitation under 

7 section 312507(a) of this title. 

8 Division C—American Antiquities 

9 Chapter 3201—Policy and Administrative 

10 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. 

11 § 320101. Declaration of national policy 

12 It is declared that it is a national policy to preserve for public use historic 

13 sites, buildings, and objects of national significance for the inspiration and 

14 benefit of the people of the United States. 

15 § 320102. Powers and duties of Secretary 

16 (a) IN GENERAL.—The Secretary, acting through the Director, for the pur17 pose of effectuating the policy expressed in section 320101 of this title, has 

18 the powers and shall perform the duties set out in this section. 

19 (b) PRESERVATION OF DATA.—The Secretary shall secure, collate, and pre20 serve drawings, plans, photographs, and other data of historic and archeologic 

21 sites, buildings, and objects. 

22 (c) SURVEY.—The Secretary shall make a survey of historic and archeologic 

23 sites, buildings, and objects for the purpose of determining which possess ex24 ceptional value as commemorating or illustrating the history of the United 

25 States. 

26 (d) INVESTIGATIONS AND RESEARCHES.—The Secretary shall make nec27 essary investigations and researches in the United States relating to par28 ticular sites, buildings, and objects to obtain accurate historical and archeo29 logical facts and information concerning the sites, buildings, and objects. 

30 (e) ACQUISITION OF PROPERTY.—The Secretary may, for the purpose of 

31 this chapter, acquire in the name of the United States by gift, purchase, or 

32 otherwise any property, personal or real, or any interest or estate in property, 

33 title to any real property to be satisfactory to the Secretary. Property that 

34 is owned by any religious or educational institution or that is owned or ad35 ministered for the benefit of the public shall not be acquired without the con36 sent of the owner. No property shall be acquired or contract or agreement for 

37 the acquisition of the property made that will obligate the general fund of the 


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1 Treasury for the payment of the property, unless Congress has appropriated 

2 money that is available for that purpose. 

3 (f) CONTRACTS AND COOPERATIVE AGREEMENTS.—The Secretary may con4 tract and make cooperative agreements with States, municipal subdivisions, 

5 corporations, associations, or individuals, with proper bond where considered 

6 advisable, to protect, preserve, maintain, or operate any historic or 

7 archeologic building, site, or object, or property used in connection with the 

8 building, site, or object, for public use, regardless whether the title to the 

9 building, site, object, or property is in the United States. No contract or coop10 erative agreement shall be made or entered into that will obligate the general 

11 fund of the Treasury unless or until Congress has appropriated money for 

12 that purpose. 

13 (g) PROTECTION OF SITES, BUILDINGS, OBJECTS, AND PROPERTY.—The 

14 Secretary shall restore, reconstruct, rehabilitate, preserve, and maintain his15 toric or prehistoric sites, buildings, objects, and property of national historical 

16 or archeological significance and where considered desirable establish and 

17 maintain museums in connection with the sites, buildings, objects, and prop18 erty. 

19 (h) TABLETS TO MARK OR COMMEMORATE PLACES AND EVENTS.—The 

20 Secretary shall erect and maintain tablets to mark or commemorate historic 

21 or prehistoric places and events of national historical or archeological signifi22 cance. 

23 (i) OPERATION FOR BENEFIT OF PUBLIC.—The Secretary may operate and 

24 manage historic and archeologic sites, buildings, and property acquired under 

25 this chapter together with land and subordinate buildings for the benefit of 

26 the public and may charge reasonable visitation fees and grant concessions, 

27 leases, or permits for the use of land, building space, roads, or trails when 

28 necessary or desirable either to accommodate the public or to facilitate admin29 istration. The Secretary may grant those concessions, leases, or permits and 

30 enter into contracts relating to the contracts, leases, or permits with respon31 sible persons, firms, or corporations without advertising and without securing 

32 competitive bids. 

33 (j) CORPORATION TO CARRY OUT DUTIES.—When the Secretary determines 

34 that it would be administratively burdensome to restore, reconstruct, operate, 

35 or maintain any particular historic or archeologic site, building, or property 

36 donated to the United States through the Service, the Secretary may cause 

37 the restoration, reconstruction, operation, or maintenance to be done by orga38 nizing a corporation for that purpose under the laws of the District of Colum39 bia or any State. 

40 (k) EDUCATIONAL PROGRAM AND SERVICE.—The Secretary shall develop 

41 an educational program and service for the purpose of making available to 


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1 the public information pertaining to American historic and archeologic sites, 

2 buildings, and properties of national significance. Reasonable charges may be 

3 made for the dissemination of any such information. 

4 (l) ACTIONS AND REGULATIONS NECESSARY TO CARRY OUT CHAPTER.— 

5 The Secretary shall perform any and all acts and make regulations not incon6 sistent with this chapter that may be necessary and proper to carry out this 

7 chapter. 

8 § 320103. Cooperation with governmental and private agen9 cies and individuals 

10 (a) AUTHORIZATION OF SECRETARY.—The Secretary may cooperate with 

11 and may seek and accept the assistance of any Federal, State, or local agency, 

12 educational or scientific institution, patriotic association, or individual. 

13 (b) TECHNICAL ADVISORY COMMITTEES.—When the Secretary considers it 

14 necessary, the Secretary may establish technical advisory committees to act 

15 in an advisory capacity in connection with the restoration or reconstruction 

16 of any historic or prehistoric building or other structure. 

17 (c) EMPLOYMENT OF ASSISTANCE.—The Secretary may employ professional 

18 and technical assistance and establish service as may be required to accom19 plish the purposes of this chapter and for which money may be appropriated 

20 by Congress or made available by gifts for those purposes. 

21 § 320104. Jurisdiction of States in acquired land 

22 Nothing in this chapter shall be held to deprive any State, or political sub23 division of a State, of its civil and criminal jurisdiction in and over land 

24 acquired by the United States under this chapter. 

25 § 320105. Criminal penalties 

26 Criminal penalties for a violation of a regulation authorized by this chap27 ter are provided by section 1866 of title 18. 

28 § 320106. Limitation on obligation or expenditure of appro29 priated amounts 

30 Notwithstanding any other provision of law, no funds appropriated or oth31 erwise made available to the Secretary to carry out subsection (f) or (g) of 

32 section 320102 of this title may be obligated or expended— 

33 (1) unless the appropriation of the funds has been specifically author34 ized by law enacted on or after October 30, 1992; or 

35 (2) in excess of the amount prescribed by law enacted on or after Octo36 ber 30, 1992. 

37 Chaper 3203—Monuments, Ruins, Sites, 

38 and Objects of Antiquity 

Sec. 

320301. National monuments. 

320302. Permits. 

320303. Regulations. 


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1 § 320301. National monuments 

2 (a) PRESIDENTIAL DECLARATION.—The President may, in the President’s 

3 discretion, declare by public proclamation historic landmarks, historic and 

4 prehistoric structures, and other objects of historic or scientific interest that 

5 are situated on land owned or controlled by the Federal Government to be 

6 national monuments. 

7 (b) RESERVATION OF LAND.—The President may reserve parcels of land as 

8 a part of the national monuments. The limits of the parcels shall be confined 

9 to the smallest area compatible with the proper care and management of the 

10 objects to be protected. 

11 (c) RELINQUISHMENT TO FEDERAL GOVERNMENT.—When an object is situ12 ated on a parcel covered by a bona fide unperfected claim or held in private 

13 ownership, the parcel, or so much of the parcel as may be necessary for the 

14 proper care and management of the object, may be relinquished to the Federal 

15 Government and the Secretary may accept the relinquishment of the parcel 

16 on behalf of the Federal Government. 

17 (d) LIMITATION ON EXTENSION OR ESTABLISHMENT OF NATIONAL MONU18 MENTS IN WYOMING.—No extension or establishment of national monuments 

19 in Wyoming may be undertaken except by express authorization of Congress. 

20 § 320302. Permits 

21 (a) AUTHORITY TO GRANT PERMIT.—The Secretary, the Secretary of Agri22 culture, or the Secretary of the Army may grant a permit for the examination 

23 of ruins, the excavation of archeological sites, and the gathering of objects of 

24 antiquity on land under their respective jurisdictions to an institution that 

25 the Secretary concerned considers properly qualified to conduct the examina26 tion, excavation, or gathering, subject to such regulations as the Secretary 

27 concerned may prescribe. 

28 (b) PURPOSE OF EXAMINATION, EXCAVATION, OR GATHERING.—A permit 

29 may be granted only if— 

30 (1) the examination, excavation, or gathering is undertaken for the 

31 benefit of a reputable museum, university, college, or other recognized sci32 entific or educational institution, with a view to increasing the knowl33 edge of the objects; and 

34 (2) the gathering shall be made for permanent preservation in a public 

35 museum. 

36 § 320303. Regulations 

37 The Secretary, the Secretary of Agriculture, and the Secretary of the Army 

38 shall make and publish uniform regulations for the purpose of carrying out 

39 this chapter. 

40 SEC. 4. CONFORMING AMENDMENTS. 

41 (a) TITLE 18.— 


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

2 amended by adding at the end the following: 

3 ‘‘§ 1865. National Park Service 

4 ‘‘(a) VIOLATION OF REGULATIONS RELATING TO USE AND MANAGEMENT

5 OF NATIONAL PARK SYSTEM UNITS.—A person that violates any regulation 

6 authorized by section 100751(a) of title 54 shall be imprisoned not more than 

7 6 months, fined under this title, or both, and be adjudged to pay all cost of 

8 the proceedings. 

9 ‘‘(b) FINANCIAL DISCLOSURE BY OFFICERS OR EMPLOYEES PERFORMING

10 FUNCTIONS OR DUTIES UNDER SUBCHAPTER III OF CHAPTER 1007 OF

11 TITLE 54.—An officer or employee of the Department of the Interior who is 

12 subject to, and knowingly violates, section 100737 of title 54 or any regulation 

13 prescribed under that section shall be imprisoned not more than one year, 

14 fined under this title, or both. 

15 ‘‘(c) OFFENSES RELATING TO STRUCTURES AND VEGETATION.—A person 

16 that willfully destroys, mutilates, defaces, injures, or removes any monument, 

17 statue, marker, guidepost, or other structure, or that willfully destroys, cuts, 

18 breaks, injures, or removes any tree, shrub, or plant within a national mili19 tary park shall be imprisoned not less than 15 days nor more than one year, 

20 fined under this title but not less than $10 for each monument, statue, mark21 er, guidepost, or other structure, tree, shrub, or plant that is destroyed, de22 faced, injured, cut, or removed, or both. 

23 ‘‘(d) TRESPASSING IN A NATIONAL MILITARY PARK TO HUNT OR SHOOT.— 

24 An individual who trespasses in a national military park to hunt or shoot, 

25 or hunts game of any kind in a national military park with a gun or dog, 

26 or sets a trap or net or other device in a national military park to hunt or 

27 catch game of any kind, shall be imprisoned not less than 5 nor more than 

28 30 days, fined under this title, or both. 

29 ‘‘§ 1866. Historic, archeologic, or prehistoric items and antiq30 uities 

31 ‘‘(a) VIOLATION OF REGULATIONS AUTHORIZED BY CHAPTER 3201 OF

32 TITLE 54.—A person that violates any of the regulations authorized by chap33 ter 3201 of title 54 shall be fined under this title and be adjudged to pay 

34 all cost of the proceedings. 

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

36 PREHISTORIC RUIN OR MONUMENT OR OBJECT OF ANTIQUITY.—A person 

37 that appropriates, excavates, injures, or destroys any historic or prehistoric 

38 ruin or monument or any other object of antiquity that is situated on land 

39 owned or controlled by the Federal Government without the permission of the 

40 head of the Federal agency having jurisdiction over the land on which the 


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1 object is situated, shall be imprisoned not more than 90 days, fined under 

2 this title, or both.’’. 

3 (2) TABLE OF CONTENTS.—The table of contents of chapter 91 of title 

4 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.’’. 

5 (b) TITLE 28.— 

6 (1) IN GENERAL.—Part VI of title 28, United States Code, is amended 

7 by adding at the end the following: 

8 ‘‘CHAPTER 190—MISCELLANEOUS 

‘‘Sec. 

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

United States. 

9 ‘‘§ 5001. Civil action for death or personal injury in a place 

10 subject to exclusive jurisdiction of United States 

11 ‘‘(a) DEATH.—In the case of the death of an individual by the neglect or 

12 wrongful act of another in a place subject to the exclusive jurisdiction of the 

13 United States within a State, a right of action shall exist as though the place 

14 were under the jurisdiction of the State in which the place is located. 

15 ‘‘(b) PERSONAL INJURY.—In a civil action brought to recover on account 

16 of an injury sustained in a place described in subsection (a), the rights of 

17 the parties shall be governed by the law of the State in which the place is 

18 located.’’. 

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

20 United States Code, is amended by adding at the end the following: 

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

21 (c) ACT OF MAY 26, 2000.—Section 1 of Public Law 106–206 (114 Stat. 

22 314) is amended to read as follows: 

23 ‘‘SECTION 1. COMMERCIAL FILMING. 

24 ‘‘(a) COMMERCIAL FILMING FEE.— 

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

26 Agriculture (hereafter individually referred to as the ‘Secretary’ with re27 spect to land (except land in a System unit as defined in section 100102 

28 of title 54, United States Code) under their respective jurisdictions) shall 

29 require a permit and shall establish a reasonable fee for commercial film30 ing activities or similar projects on Federal land administered by the 

31 Secretary. The fee shall provide a fair return to the United States and 

32 shall be based on the following criteria: 

33 ‘‘(A) The number of days the filming activity or similar project 

34 takes place on Federal land under the Secretary’s jurisdiction. 

35 ‘‘(B) The size of the film crew present on Federal land under the 

36 Secretary’s jurisdiction. 


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1 ‘‘(C) The amount and type of equipment present. 

2 ‘‘(2) OTHER FACTORS.—The Secretary may include other factors in 

3 determining an appropriate fee as the Secretary considers necessary. 

4 ‘‘(b) RECOVERY OF COSTS.—The Secretary shall collect any costs incurred 

5 as a result of filming activities or similar project, including administrative 

6 and personnel costs. All costs recovered shall be in addition to the fee assessed 

7 in subsection (a). 

8 ‘‘(c) STILL PHOTOGRAPHY.— 

9 ‘‘(1) IN GENERAL.—Except as provided in paragraph (2), the Sec10 retary shall not require a permit nor assess a fee for still photography 

11 on land administered by the Secretary if such photography takes place 

12 where members of the public are generally allowed. The Secretary may 

13 require a permit, fee, or both, if such photography takes place at other 

14 locations where members of the public are generally not allowed, or where 

15 additional administrative costs are likely. 

16 ‘‘(2) EXCEPTION.—The Secretary shall require and shall establish a 

17 reasonable fee for still photography that uses models or props which are 

18 not a part of the site’s natural or cultural resources or administrative 

19 facilities. 

20 ‘‘(d) PROTECTION OF RESOURCES.—The Secretary shall not permit any 

21 filming, still photography or other related activity if the Secretary determines 

22 that— 

23 ‘‘(1) there is a likelihood of resource damage; 

24 ‘‘(2) there would be an unreasonable disruption of the public’s use and 

25 enjoyment of the site; or 

26 ‘‘(3) the activity poses health or safety risks to the public. 

27 ‘‘(e) USE OF PROCEEDS.— 

28 ‘‘(1) FEES.—All fees collected under this section shall be available for 

29 expenditure by the Secretary, without further appropriation and shall 

30 remain available until expended. 

31 ‘‘(2) COSTS.—All costs recovered under this section shall be available 

32 for expenditure by the Secretary, without further appropriation, at the 

33 site where the costs are collected and shall remain available until ex34 pended. 

35 ‘‘(f) PROCESSING OF PERMIT APPLICATIONS.—The Secretary shall establish 

36 a process to ensure that the Secretary responds in a timely manner to permit 

37 applicants for commercial filming, still photography, or other activity.’’. 

38 (d) PUBLIC LAW 111–24.—Section 512 of Public Law 111–24 (123 Stat. 

39 1764) is amended to read as follows: 


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1 ‘‘SEC. 512. PROTECTION OF RIGHT OF INDIVIDUALS TO 

2 BEAR ARMS 

3 ‘‘(a) CONGRESSIONAL FINDINGS.—Congress finds the following: 

4 ‘‘(1) The 2d amendment to the Constitution provides that ‘the right 

5 of the people to keep and bear Arms, shall not be infringed’. 

6 ‘‘(2) Section 27.42 of title 50, Code of Federal Regulations, provides 

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

8 not ‘possess, use, or transport firearms on national wildlife refuges’ of 

9 the United States Fish and Wildlife Service. 

10 ‘‘(3) The regulations described in paragraph (2) prevent individuals 

11 complying with Federal and State laws from exercising the 2d amend12 ment rights of the individuals while at units of the National Wildlife 

13 Refuge System. 

14 ‘‘(4) The existence of different laws relating to the transportation and 

15 possession of firearms at different units of the National Wildlife Refuge 

16 System entrapped law-abiding gun owners while at units of the National 

17 Wildlife Refuge System. 

18 ‘‘(5) Although the Bush administration issued new regulations relating 

19 to the 2d amendment rights of law-abiding citizens in units of the Na20 tional Wildlife Refuge System that went into effect on January 9, 

21 2009— 

22 ‘‘(A) on March 19, 2009, the United States District Court for the 

23 District of Columbia granted a preliminary injunction with respect 

24 to the implementation and enforcement of the new regulations; and 

25 ‘‘(B) the new regulations— 

26 ‘‘(i) are under review by the Obama administration; and 

27 ‘‘(ii) may be altered. 

28 ‘‘(6) Congress needs to weigh in on the new regulations to ensure that 

29 unelected bureaucrats and judges cannot again override the 2d amend30 ment rights of law-abiding citizens on 90,790,000 acres of land under 

31 the jurisdiction of the United States Fish and Wildlife Service. 

32 ‘‘(7) Federal laws should make it clear that the 2d amendment rights 

33 of an individual at a unit of the National Wildlife Refuge System should 

34 not be infringed. 

35 ‘‘(b) PROTECTION OF RIGHT OF INDIVIDUALS TO BEAR ARMS IN UNITS OF

36 THE NATIONAL WILDLIFE REFUGE SYSTEM.—The Secretary shall not pro37 mulgate or enforce any regulation that prohibits an individual from pos38 sessing a firearm, including an assembled or functional firearm, in any unit 

39 of the National Wildlife Refuge System if— 

40 ‘‘(1) the individual is not otherwise prohibited by law from possessing 

41 the firearm; and 


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1 ‘‘(2) the possession of the firearm is in compliance with the law of the 

2 State in which the unit of the National Wildlife Refuge System is lo3 cated.’’. 

4 SEC. 5. CONFORMING CROSS-REFERENCES. 

5 (a) TITLE 7, UNITED STATES CODE.—Section 32(e) of the Bankhead-Jones 

6 Farm Tenant Act (7 U.S.C. 1011(e)) is amended by striking ‘‘the Land and 

7 Water Conservation Fund Act of 1965 (78 Stat. 897)’’ and substituting 

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

9 (b) TITLE 10, UNITED STATES CODE.—Section 2684(c)(1) of title 10, 

10 United States Code, is amended by striking ‘‘section 101(a) of the National 

11 Historic Preservation Act (16 U.S.C. 470a(a))’’ and substituting ‘‘section 

12 2023.01 of title 54’’. 

13 (c) TITLE 15, UNITED STATES CODE.—Section 1072(a)(3)(D) of the Alaska 

14 Natural Gas Pipeline Act (15 U.S.C. 720(a)(3)(D)) is amended by striking 

15 ‘‘the National Historic Preservation Act (16 U.S.C. 470 et seq.)’’ and sub16 stituting ‘‘chapter 2003 of title 54, United States Code’’. 

17 (d) TITLE 16, UNITED STATES CODE.— 

18 (1) Section 6 of Public Law 89–72 (16 U.S.C. 460l–17) is amended— 

19 (A) in subsection (a), by striking ‘‘subsection 5(d) of the Land 

20 and Water Conservation Fund Act of 1965 (78 Stat. 897)’’ and sub21 stituting ‘‘section 200305(d) of title 54, United States Code’’; and 

22 (B) in subsection (g), by striking ‘‘Subsection 6(a)(2) of the Land 

23 and Water Development Fund Act of 1965 (78 Stat. 897)’’ and sub24 stituting ‘‘section 200306(a)(3) of title 54, United States Code,’’. 

25 (2) Section 8 of Public Law 90–540 (16 U.S.C. 460v–7) is amended 

26 by striking ‘‘section 6 of the Act of September 3, 1964 (78 Stat. 897, 

27 903)’’ and substituting ‘‘section 200306 of title 54, United States Code’’. 

28 (3) Section 7(c) of the Springs Mountain National Recreation Area 

29 Act (16 U.S.C. 460hhh–5(c)) is amended by striking ‘‘section 7 of the 

30 Land and Water Conservation Fund Act of 1965 (16 U.S.C. 460l–9)’’ 

31 and substituting ‘‘section 100506 of title 54, United States Code’’. 

32 (4) Section 5(b) of Public Law 103–64 (16 U.S.C. 460iii–4(b)) is 

33 amended by striking ‘‘section 7(a) of the Land and Water Conservation 

34 Fund Act of 1964 (16 U.S.C. 460l–9(a))’’ and substituting ‘‘section 

35 200306(a) of title 54, United States Code’’. 

36 (5) Section 702(a) of the Steens Mountain Cooperative Management 

37 and Protection Act of 2000 (16 U.S.C. 460nnn-122(a)) is amended by 

38 striking ‘‘section 2 of the Land and Water Conservation Fund Act of 

39 1965 (16 U.S.C. 460l-5)’’ and substituting ‘‘section 200302 of title 54, 

40 United States Code,’’. 


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1 (6) Section 4 of the Archaeological Resources Protection Act of 1979 

2 (16 U.S.C. 470cc) is amended— 

3 (A) in subsection (h)— 

4 (i) in paragraph (1), by striking ‘‘the Act of June 8, 1906 

5 (16 U.S.C. 431–433)’’ and substituting ‘‘chapter 3203 of title 

6 54, United States Code’’; and 

7 (ii) in paragraph (2), by striking ‘‘the Act of June 8, 1906’’ 

8 each place it appears and substituting ‘‘chapter 3203 of title 

9 54, United States Code’’; and 

10 (B) in subsection (i), by striking ‘‘section 106 of the Act of Octo11 ber 15, 1966 (80 Stat. 917, 16 U.S.C. 470f)’’ and substituting ‘‘sec12 tion 306108 of title 54, United States Code’’. 

13 (7) Section 5 of the Archaeological Resources Protection Act of 1979 

14 (16 U.S.C. 470dd) is amended by striking ‘‘the Act of June 27, 1960 (16 

15 U.S.C. 469–469c) or the Act of June 8, 1906 (16 U.S.C. 431–433)’’ and 

16 substituting ‘‘chapter 3125 or chapter 3203 of title 54, United States 

17 Code’’. 

18 (8) Section 9(a)(2) of the Archaeological Resources Protection Act of 

19 1979 (16 U.S.C. 470hh(a)(2)) is amended by striking ‘‘the Act of June 

20 27, 1960 (16 U.S.C. 469–469c)’’ and substituting ‘‘chapter 3125 of title 

21 54, United States Code’’. 

22 (9) Section 6311(1) of the Omnibus Public Land Management Act of 

23 2009 (16 U.S.C. 470aaa–10(1)) is amended by striking ‘‘Public Law 94– 

24 429 (commonly known as the ‘Mining in the Parks Act’ (16 U.S.C. 1901 

25 et seq.)’’ and substituting ‘‘subchapter 3 of chapter 1007 of title 54, 

26 United States Code’’. 

27 (10) Section 502(h)(1)(B) of the National Parks and Recreation Act 

28 of 1998 (16 U.S.C. 471i(h)(1)(B)) is amended by striking ‘‘the Land and 

29 Water Conservation Fund Act’’ and substituting ‘‘chapter 2003 of title 

30 54, United States Code’’. 

31 (11) Section 339(f)(4)(H) of the Department of the Interior and Re32 lated Agencies Appropriations Act, 2000 (Public Law 106–113, div. B, 

33 § 1000(a)(3), title III, 16 U.S.C. 528 note), is amended by striking ‘‘Sec34 tion 4 of the Land and Water Conservation Fund Act of 1965 (16 U.S.C. 

35 460l–6a)’’ and substituting ‘‘Section 100904 of title 54, United States 

36 Code’’. 

37 (12) Section 6(d) of the Alaska Land Status Technical Corrections Act 

38 of 1992 (Public Law 102–415, 16 U.S.C. 539 note) is amended by strik39 ing ‘‘section 7 of the Land and Water Conservation Fund Act of 1965 

40 (16 U.S.C. 460l–9)’’ and substituting ‘‘section 100506 of title 54, United 

41 States Code’’. 


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1 (13) Section 2(b) of the Greer Spring Acquisition and Protection Act 

2 of 1991 (Public Law 102–220, 16 U.S.C. 539h note) is amended by strik3 ing ‘‘section 7 of the Land and Water Conservation Fund Act of 1965 

4 (16 U.S.C. 460l–9)’’ and substituting ‘‘section 100506 of title 54, United 

5 States Code’’. 

6 (14) Section 606 of the Interstate 90 Land Exchange Act of 1998 

7 (Public Law 105–277, div. A, § 101(e), title VI, 16 U.S.C. 539k note) 

8 is amended— 

9 (A) in subsection (a)(3), by striking ‘‘section 7 of the Land and 

10 Water Conservation Fund Act of 1965 (16 U.S.C. 460l–9)’’ and sub11 stituting ‘‘section 100506 of title 54, United States Code,’’; 

12 (B) in subsection (b)(2), by striking ‘‘the National Historic Pres13 ervation Act’’ and substituting ‘‘division A of subtitle III of title 54, 

14 United States Code’’; and 

15 (C) in subsection (g)(1), by striking ‘‘the National Historic Pres16 ervation Act’’ and substituting ‘‘division A of subtitle III of title 54, 

17 United States Code,’’. 

18 (15) Section 6 of Public Law 93–535 (16 U.S.C. 541e) is amended by 

19 striking ‘‘clause 7(a)(1) of the Act of September 3, 1964 (78 Stat. 903), 

20 as amended’’ and substituting ‘‘section 200306(a)(2) of title 54, United 

21 States Code’’. 

22 (16) Section 14(e)(3)(D)(iii) of the Columbia River Gorge National 

23 Scenic Area Act (16 U.S.C. 544l(e)(3)(D)(iii)) is amended by striking 

24 ‘‘the Land and Water Conservation Fund Act of 1965 (16 U.S.C. 460l– 

25 4 through 11)’’ and substituting ‘‘chapter 2003 of title 54, United States 

26 Code,’’. 

27 (17) Section 16(a)(1) of the Columbia River Gorge National Scenic 

28 Area Act (16 U.S.C. 544n(a)(1) is amended by striking ‘‘the Land and 

29 Water Conservation Fund (16 U.S.C. 460l–4 and following)’’ and sub30 stituting ‘‘chapter 2003 of title 54, United States Code,’’. 

31 (18) Section 3(b) of the Saint Helena Island National Scenic Area Act 

32 (16 U.S.C. 546a(b)) is amended by striking ‘‘section 8 of the Land and 

33 Water Conservation Fund Act of 1965 (16 U.S.C. 460l–9)’’ and sub34 stituting ‘‘section 100506 of title 54, United States Code’’. 

35 (19) Section 6(a) of the Act of June 22, 1948 (known as the Thye36 Blatnik Act) (16 U.S.C. 577h(a)) is amended by striking ‘‘the Land and 

37 Water Conservation Fund Act (78 Stat. 897), as amended’’ and sub38 stituting ‘‘chapter 2003 of title 54, United States Code’’. 

39 (20) Section 104(f) of the Valles Caldera Preservation Act (16 U.S.C. 

40 688v–2(f)) is amended by striking ‘‘section 7 of the Land and Water 


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1 Conservation Fund Act of 1965 (16 U.S.C. 460l–9)’’ and substituting 

2 ‘‘section 100506 of title 54, United States Code’’. 

3 (21) Section 4(a)(3) of the Wilderness Act (16 U.S.C. 1133(a)(3)) is 

4 amended— 

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

6 ‘‘section 100101(b)(1), chapter 1003, and sections 100751(a), 

7 100752, 100753, and 102101 of title 54, United States Code’’; and 

8 (B) by striking ‘‘the Act of June 8, 1906 (34 Stat. 225; 16 U.S.C. 

9 432 et seq); section 3(2) of the Federal Power Act (16 U.S.C. 

10 796(2)); and the Act of August 21, 1935 (49 Stat. 666; 16 U.S.C. 

11 461 et seq.)’’ and substituting ‘‘section 3(2) of the Federal Power 

12 Act (16 U.S.C. 796(2)); and chapters 3201 and 3203 of title 54, 

13 United States Code’’. 

14 (22) Section 5 of Public Law 90–454 (16 U.S.C. 1225) is amended 

15 by striking ‘‘the Land and Water Conservation Fund Act of 1965 (78 

16 Stat. 897)’’ and substituting ‘‘chapter 2003 of title 54, United States 

17 Code’’. 

18 (23) Section 7(h)(1) of the National Trails System Act (16 U.S.C. 

19 1246(h)(1) is amended by striking ‘‘the Volunteers in the Parks Act of 

20 1969’’ and substituting ‘‘section 102301 of title 54, United States Code,’’. 

21 (24) Section 8(a) of the National Trails System Act (16 U.S.C. 

22 1247(a)) is amended— 

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

24 and substituting ‘‘chapter 2003 of title 54, United States Code’’; 

25 (B) by striking ‘‘the Act of October 15, 1966 (80 Stat. 915), as 

26 amended’’ and substituting ‘‘division A of subtitle III of title 54, 

27 United States Code’’; and 

28 (C) by striking ‘‘the Act of May 28, 1963 (77 Stat. 49’’ and sub29 stituting ‘‘chapter 2003 of title 54, United States Code’’. 

30 (25) Section 9(e)(3) of the National Trails System Act (16 U.S.C. 

31 1248 (e)(3)) is amended by striking ‘‘section 2 of the Land and Water 

32 Conservation Fund Act of 1965’’ and substituting ‘‘section 200302 of 

33 title 54, United States Code’’. 

34 (26) Section 10(a)(1) of the National Trails System Act (16 U.S.C. 

35 1249(a)(1)) is amended by striking ‘‘the Land and Water Conservation 

36 Fund Act (78 Stat. 897), as amended’’ and substituting ‘‘chapter 2003 

37 of title 54, United States Code’’. 

38 (27) Section 11(a)(2) of the National Trails System Act (16 U.S.C. 

39 1250(a)(2)) is amended— 

40 (A) by striking ‘‘the Volunteers in the Parks Act of 1969’’ and 

41 substituting ‘‘section 102301 of title 54, United States Code’’; and 


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

2 Fund Act of 1965’’ and substituting ‘‘200305 of title 54, United 

3 States Code’’. 

4 (28) Section 12(4) of the National Trails System Act (16 U.S.C. 

5 1251(4)) is amended by striking ‘‘the Land and Water Conservation 

6 Fund Act of 1965’’ and substituting ‘‘chapter 2003 of title 54, United 

7 States Code,’’. 

8 (29) Section 2(a) of the Wild and Scenic Rivers Act (16 U.S.C. 

9 1273(a)) is amended by striking ‘‘the Land and Water Conservation Act 

10 of 1965’’ and substituting ‘‘chapter 2003 of title 54, United States 

11 Code,’’. 

12 (30) Section 7(d) of the Wild and Scenic Rivers Act (16 U.S.C. 

13 1278(d)) is amended by striking ‘‘the Land and Water Conservation 

14 Fund Act of 1965’’ and substituting ‘‘chapter 2003 of title 54, United 

15 States Code’’. 

16 (31) Section 11 of the Wild and Scenic Rivers Act (16 U.S.C. 1282) 

17 is amended— 

18 (A) in subsection (a), by striking ‘‘the Land and Water Conserva19 tion Fund Act of 1965 (78 Stat. 897’’ and substituting ‘‘chapter 

20 2003 of title 54, United States Code’’; and 

21 (B) in subsection (b)(2)— 

22 (i) in subparagraph (A), by striking ‘‘the Volunteers in the 

23 Parks Act of 1969’’ and substituting ‘‘section 102301 of title 

24 54, United States Code,’’; and 

25 (ii) in subparagraph (B), by striking ‘‘the Land and Water 

26 Conservation Fund Act of 1965’’ and substituting ‘‘chapter 

27 2003 of title 54, United States Code’’. 

28 (32) Section 5(b) of the Endangered Species Act of 1973 (16 U.S.C. 

29 1534(b) is amended by striking ‘‘the Land and Water Conservation Fund 

30 Act of 1965, as amended’’ and substituting ‘‘chapter 2003 of title 54, 

31 United States Code’’. 

32 (33) Section 815(4) of the Alaska National Interest Lands Conserva33 tion Act (16 U.S.C. 3125(4)’’ is amended— 

34 (A) by striking ‘‘the National Park Service Organic Act (39 Stat. 

35 535, 16 U.S.C. 1, 2, 3, 4)’’ and substituting‘‘section 100101(b)(1), 

36 chapter 1003, and sections 100751(a), 100752, 100753, and 102101 

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

38 (B) by adding ‘‘or such title’’ after ‘‘such Acts’’. 

39 (34) Section 6(a)(6)(C) of the Coastal Barrier Act of 1968 (16 U.S.C. 

40 3505(a)(6)(C)) is amended by striking ‘‘the Land and Water ConservaVerDate Mar 15 2010 00:44 Aug 03, 2012 Jkt 019200 PO 00000 Frm 00204 Fmt 6652 Sfmt 6223 E:\BILLS\H1950.RH H1950

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

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

3 (35) Section 11 of the National Fish and Wildlife Foundation Estab4 lishment Act (16 U.S.C. 3710) is amended by striking ‘‘Public Law 90– 

5 209 (16 U.S.C. 19e et seq.)’’ and substituting ‘‘subchapter II of chapter 

6 1011 of title 54, United States Code’’. 

7 (36) Section 805(f)(1) of the Federal Lands Recreation Enhancement 

8 Act (16 U.S.C. 6804(f)(1)) is amended— 

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

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

11 (37) Section 813 of the Federal Lands Recreation Enhancement Act 

12 (16 U.S.C. 6812) is amended— 

13 (A) in subsection (A), by striking ‘‘(16 U.S.C. 460l–6a et seq.)’’; 

14 (B) in subsection (b), by striking ‘‘; 16 U.S.C. 460l–6a’’; 

15 (C) in subsection (c)— 

16 (i) in paragraph (1), by striking ‘‘; 16 U.S.C. 5982’’; and 

17 (ii) in paragraph (2), by striking ‘‘; 16 U.S.C. 5991–5995’’; 

18 and 

19 (D) in subsection (e)— 

20 (i) in paragraph (1), by striking ‘‘(16 U.S.C. 460l– 

21 6a(i)(1))’’; 

22 (ii) in paragraph (2), by striking ‘‘; 16 U.S.C. 5991–5995’’; 

23 and 

24 (iii) in paragraph (3), by striking ‘‘; 16 U.S.C. 460l–6a’’. 

25 (e) TITLE 20, UNITED STATES CODE.— 

26 (1) Section 2 of the Act of August 15, 1949 (20 U.S.C. 78a) is amend27 ed by striking ‘‘the Act of June 8, 1906 (16 U.S.C. 432, 433)’’ and sub28 stituting ‘‘section 1866(b) of title 18, United States Code, and sections 

29 320302 and 320303 of title 54, United States Code’’. 

30 (2) Section 1517(a)(3) of the American Indian, Alaska Native, and 

31 Native Hawaiian Culture and Art Development Act (20 U.S.C. 

32 4424(a)(3)) is amended by striking ‘‘the National Historic Preservation 

33 Act (16 U.S.C. 470 et seq.)’’ and substituting ‘‘division A of subtitle III 

34 of title 54, United States Code’’. 

35 (3) Section 7202(13)(E) of the Native Hawaiian Education Act (20 

36 U.S.C. 7512(13)(D)) is amended by striking ‘‘ the National Historic 

37 Preservation Act (16 U.S.C. 470 et seq.)’’ and substituting ‘‘division A 

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

39 (f) TITLE 23, UNITED STATES CODE.— 

40 (1) Section 103(c)(5) of title 23, United States Code, is amended— 


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1 (A) in subparagraph (B), by striking ‘‘section 106 of the National 

2 Historic Preservation Act (16 U.S.C. 470f)’’ and substituting ‘‘sec3 tion 306108 of title 54’’; and 

4 (B) in subparagraph (C), by striking ‘‘section 106 of the National 

5 Historic Preservation Act (16 U.S.C. 470f)’’ and substituting ‘‘sec6 tion 306108 of title 54’’. 

7 (2) Section 133(e)(5)(B) of title 23, United States Code, is amended— 

8 (A) by striking ‘‘title II of the National Historic Preservation Act 

9 (16 U.S.C. 470i et seq.)’’ and substituting ‘‘section 304101 of title 

10 54’’; and 

11 (B) by striking ‘‘section 106 of such Act (16 U.S.C. 470f)’’ and 

12 substituting ‘‘section 306108 of title 54’’. 

13 (3) Section 138(b)(2)(A) of title 23, United States Code, is amended 

14 by striking ‘‘section 106 of the National Historic Preservation Act (16 

15 U.S.C. 470f)’’ and substituting ‘‘section 306108 of title 54’’. 

16 (4) Section 206 of title 23, United States Code, is amended— 

17 (A) in subsection (d)(1)(B), by striking ‘‘the Land and Water 

18 Conservation Fund Act of 1965 (16 U.S.C. 460l–4 et seq.)’’ and sub19 stituting ‘‘chapter 2003 of title 54’’; 

20 (B) in subsection (d)(2)(D)(ii), by striking ‘‘the Land and Water 

21 Conservation Fund Act of 1965 (16 U.S.C. 460l–4 et seq.)’’ and sub22 stituting ‘‘chapter 2003 of title 54’’; and 

23 (C) in subsection (h)(3), by striking ‘‘section 6(f)(3) of the Land 

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

25 8(f)(3))’’ and substituting ‘‘section 200305(f)(3) of title 54’’. 

26 (g) TITLE 25, UNITED STATES CODE.—Section 509(a) of the Indian Self27 Determination and Education Assistance Act (25 U.S.C. 458aaa–8(a)) is 

28 amended by striking ‘‘the National Historic Preservation Act (16 U.S.C. 

29 470et seq.)’’ and substituting ‘‘division A of subtitle III of title 54, United 

30 States Code’’. 

31 (h) TITLE 26, UNITED STATES CODE.—Section 9503(c)(3)(A)(i) of the In32 ternal Revenue Code of 1986 (26 U.S.C. 9503(c)(3)(A)(i)) is amended by 

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

34 substituting ‘‘chapter 2003 of title 54’’. 

35 (i) TITLE 36, UNITED STATES CODE.—Section 153513(a)(1) of title 36, 

36 United States Code, is amended by striking ‘‘the Act of August 25, 1916 (16 

37 U.S.C. 1 et seq.) (known as the National Park Service Organic Act)’’ and sub38 stituting ‘‘section 100101(a), chapter 1003, and sections 100751(a), 100752, 

39 100753, and 102101 of title 54, United States Code’’. 

40 (j) TITLE 40, UNITED STATES CODE.— 


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1 (1) Section 549(c)(3)(B)(ix) of title 40, United States code, is amend2 ed— 

3 (A) by striking ‘‘section 308(e)(2) of the National Historic Preser4 vation Act (16 U.S.C. 470w–7(e)(2))’’ and substituting ‘‘section 

5 305101(4) of title 54’’; and 

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

7 ‘‘section 305103 of title 54’’. 

8 (2) Section 550(h)(1)(B) of title 40, United States Code, is amended 

9 by striking ‘‘section 3 of the Act of August 21, 1935 (16 U.S.C. 463) 

10 (known as the Historic Sites, Buildings, and Antiquities Act)’’ and sub11 stituting ‘‘section 102303 of title 54’’. 

12 (3) Section 1303(c) of title 40, United States Code, is amended by 

13 striking ‘‘the Act of August 21, 1935 (16 U.S.C. 461 et seq.) (known as 

14 the Historic Sites, Buildings, and Antiquities Act)’’ and substituting 

15 ‘‘chapter 3201 of title 54’’. 

16 (4) Section 1314(a)(2)(A)(ii) of title 40, United States Code, is 

17 amended by striking ‘‘the Act of August 25, 1916 (16 U.S.C. 1, 2, 3, 4) 

18 (known as the National Park Service Organic Act)’’ and substituting 

19 ‘‘section 100101(a), chapter 1003, and sections 100751(a), 100752, 

20 100753, and 102101 of title 54’’. 

21 (5) Section 3303(c) of title 40, United States Code, is amended by 

22 striking ‘‘title II of the National Historic Preservation Act (16 U.S.C. 

23 470i et seq.)’’ and substituting ‘‘section 304101 of title 54’’. 

24 (6) Section 3306(a)(4) of title 40, United States Code, is amended by 

25 striking ‘‘section 101 of the National Historic Preservation Act (16 

26 U.S.C. 470a)’’ and substituting ‘‘chapter 3021 of title 54’’. 

27 (7) Section 14507(a)(1)(A)(ii) of title 40, United States Code, is 

28 amended by striking ‘‘the Land and Water Conservation Fund Act of 

29 1965 (16 U.S.C. 460l–4 et seq.)’’ and substituting ‘‘chapter 2003 of title 

30 54’’. 

31 (k) TITLE 42, UNITED STATES CODE.— 

32 (1) Section 303(2) of the Water Resources Planning Act (42 U.S.C. 

33 1962c–2(2)) is amended by striking ‘‘the Land and Water Conservation 

34 Fund Act of 1965’’ and substituting ‘‘chapter 2003 of title 54, United 

35 States Code’’. 

36 (2) Section 208(2) of the Demonstration Cities and Metropolitan De37 velopment Act of 1966 (42 U.S.C. 3338(2)) is amended by striking ‘‘sec38 tion 5(e) of the Land And Water Conservation Fund Act of 1965’’ and 

39 substituting ‘‘section 200305(e) of title 54, United States Code’’. 

40 (3) Section 5(c) of the Department of Housing and Urban Develop41 ment Act (42 U.S.C. 3534(c)) is amended by striking ‘‘the Land and 


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1 Water Conservation Fund Act of 1965 (78 Stat. 897)’’ and substituting 

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

3 (4) Section 121 of the Housing and Community Development Act of 

4 1974 (42 U.S.C. 5320) is amended— 

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

6 ‘‘(a) With respect to applications for assistance under section 5318 of this 

7 title, the Secretary of the Interior, after consulting with the Secretary, shall 

8 prescribe and implement regulations concerning projects funded under section 

9 5318 of this title and their relationship with division A of substitle III and 

10 chapter 3125 of title 54, United States Code.’’; 

11 and 

12 (B) in subsection (c), by striking ‘‘section 106 of the Act referred 

13 to in subsection (a)(1)’’ and substituting ‘‘section 306108 of title 54, 

14 United States Code,’’. 

15 (5) Section 504(c)(2) of the Americans with Disabilities Act of 1990 

16 (42 U.S.C. 12204(c)(2)) is amended by striking ‘‘the National Historic 

17 Preservation Act (16 U.S.C. 470 et seq.)’’ and substituting ‘‘division A 

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

19 (6) Section 999H(c)(2) of the Energy Policy Act of 2005 Energy Re20 search, Development, Demonstration, and Commercial Application Act of 

21 2005 (42 U.S.C. 16378(c)(2)) is amended— 

22 (A) in subparagraph (B), by striking ‘‘section 2(c) of the Land 

23 and Water Conservation Fund Act of 1965 (16 U.S.C. 460l–5(c))’’ 

24 and substituting ‘‘section 200302(c) of title 54, United States Code’’; 

25 and 

26 (B) in subparagraph (C), by striking ‘‘section 108 of the National 

27 Historic Preservation Act (16 U.S.C. 470h)’’ and substituting 

28 ‘‘chapter 3031 of title 54, United States Code’’. 

29 (l) TITLE 43, UNITED STATES CODE.— 

30 (1) The second paragraph under the heading ‘‘ADMINISTRATIVE PROVI31 SIONS’’ under the heading ‘‘BUREAU OF RECLAMATION’’ (43 U.S.C. 377b) 

32 is amended by striking ‘‘the Acts of August 21, 1935 (16 U.S.C. 461– 

33 467) and June 27 1960 (16 U.S.C. 469)’’ and substituting ‘‘chapters 

34 3125 and 3201 of title 54, United States Code’’. 

35 (2) Section 105 of the Gulf of Mexico Energy Security Act of 2006 

36 (Public Law 109–432, div. C, title I, 43 U.S.C. 1331 note) is amended— 

37 (A) in subsection (a)(2)(B)— 

38 (i) by striking ‘‘section 6 of the Land And Water Conserva39 tion Fund Act of 1965 (16 U.S.C. 460l–8)’’ and substituting 

40 ‘‘section 200305 of title 54, United States Code’’; and 


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1 (ii) by striking ‘‘section 2 of that Act (16 U.S.C. 460l–5)’’ 

2 and substituting ‘‘section 200302 of that title’’; and 

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

4 Conservation Fund Act of 1965 (16 U.S.C. 460l–4 et seq.)’’ and sub5 stituting ‘‘chapter 2003 of title 54, United States Code’’. 

6 (3) Section 1401(b) of the Omnibus Budget Reconciliation Act of 1981 

7 (43 U.S.C. 1457a(b)) is amended— 

8 (A) by striking ‘‘the Land and Water Conservation Fund Act of 

9 1965 (78 Stat; 897; 16 U.S.C. 460z)’’ and substituting ‘‘chapter 

10 2003 of title 54, United States Code’’; 

11 (B) by striking ‘‘the National Historic Preservation Act of 1966 

12 (80 Stat. 915; 16 U.S.C. 470)’’ and substituting ‘‘division A of sub13 title III of title 54, United States Code’’; and 

14 (C) by striking ‘‘the Urban Park and Recreation Recovery Act of 

15 1978 (92 Stat. 3538; 16 U.S.C. 2501, et seq.)’’ and substituting 

16 ‘‘chapter 2005 of title 54, United States Code’’. 

17 (4) The paragraph under the heading ‘‘NATURAL RESOURCE DAMAGE

18 ASSESSMENT AND RESTORATION FUND’’ under the heading ‘‘UNITED

19 STATES FISH AND WILDLIFE SERVICE’’ in Public Law 103–138 (43 

20 U.S.C. 1474b–1) is omitted by striking ‘‘the Act of July 27, 1990 (Public 

21 Law 101–337)’’ and substituting ‘‘subchapter II of chapter 1007 of title 

22 54, United States Code,’’. 

23 (5) Section 7(e)(3) of the Colorado River Floodway Protection Act (43 

24 U.S.C. 1600e(e)(3)) is amended by striking ‘‘the Land and Water Con25 servation Fund Act of 1965 (16 U.S.C. 460l–4 through 11)’’ and sub26 stituting ‘‘chapter 2003 of title 54, United States Code’’. 

27 (6) Section 202(c)(9) of the Federal Land Policy and Management Act 

28 of 1976 (43 U.S.C. 1712(c)(9)) is amended by striking ‘‘the Act of Sep29 tember 3, 1964 (78 Stat. 897), as amended’’ and substituting ‘‘chapter 

30 2003 of title 54, United States Code’’. 

31 (7) Section 204(j) of the Federal Land Policy and Management Act 

32 of 1976 (43 U.S.C. 1714(j)) is amended by striking ‘‘the Act of June 8, 

33 1906 (34 Stat. 225; 16 U.S.C. 431–433)’’ and substituting ‘‘chapter 3203 

34 of title 54, United States Code’’. 

35 (8) Section 201(d)(3)(E) of the Consolidated Natural Resources Act of 

36 2008 (43 U.S.C. 1786(d)(3)(E)) is amended by striking ‘‘the National 

37 Historic Preservation Act (16 U.S.C. 470 et seq.)’’ and substituting ‘‘di38 vision A of subtitle III of title 54, United States Code,’’. 

39 (9) Section 206 of the Federal Land Transaction Facilitation Act (43 

40 U.S.C. 2305) is amended— 


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1 (A) in subsection (e), by striking ‘‘the Land and Water Conserva2 tion Fund Act (16 U.S.C. 460l–4 et seq.)’’ and substituting ‘‘chapter 

3 2003 of title 54, United States Code’’; and 

4 (B) in subsection (f)(2), by striking ‘‘section 3 of the Land and 

5 Water Conservation Fund Act of 1965 (16 U.S.C. 460l–6)’’ and sub6 stituting ‘‘section 200303 of title 54, United States Code’’. 

7 (m) TITLE 45, UNITED STATES CODE.— 

8 (1) Section 1168(a) of the Omnibus Budget Reconciliation Act of 1981 

9 (45 U.S.C. 1111(a)) is amended by striking ‘‘the National Historic Pres10 ervation Act’’ and substituting ‘‘division A of subtitle III of title 54, 

11 United States Code’’. 

12 (2) Section 613(a) of the Alaska Railroad Transfer Act of 1982 (45 

13 U.S.C. 1212(a)) is amended by striking ‘‘the National Historic Preserva14 tion Act (16 U.S.C. 470 et seq.)’’ and substituting ‘‘division A of subtitle 

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

16 (n) TITLE 46, UNITED STATES CODE.—Section 13102(b)(2) of title 46, 

17 United States Code, is amended by striking ‘‘the Land and Water Conserva18 tion Fund Act of 1965 (16 U.S.C. 460l–4—460–11)’’ and substituting ‘‘chap19 ter 2003 of title 54, United States Code,’’. 

20 (o) TITLE 48, UNITED STATES CODE.— 

21 (1) Section 105(l) of Public Law 99–239 (known as the Compact of 

22 Free Association Amendments Act of 2003) (48 U.S.C. 1905(l)) is 

23 amended by striking ‘‘the National Historic Preservation Act (80 Stat. 

24 915; 16 U.S.C. 470–470t)’’ and substituting ‘‘division A of subtitle III 

25 of title 54, United States Code’’. 

26 (2) Section 105(j) of Public Law 108–188 (known as the Compact of 

27 Free Association Act of 1985) (48 U.S.C. 1921(d)) is amended by strik28 ing ‘‘the National Historic Preservation Act (80 Stat. 915; 16 U.S.C. 

29 470–470t)’’ and substituting ‘‘division A of subtitle III of title 54, 

30 United States Code’’. 

31 (p) TITLE 49, UNITED STATES CODE.—Section 303(d)(2) of title 49, 

32 United States Code, is amended by striking ‘‘section 106 of the National His33 toric Preservation Act (16 U.S.C. 470f)’’ and substituting ‘‘section 306108 of 

34 title 54, United States Code’’. 

35 SEC. 6. TRANSITIONAL AND SAVINGS PROVISIONS. 

36 (a) DEFINITIONS.—In this section: 

37 (1) SOURCE PROVISION.—The term ‘‘source provision’’ means a provi38 sion of law that is replaced by a title 54 provision. 

39 (2) TITLE 54 PROVISION.—The term ‘‘title 54 provision’’ means a pro40 vision of title 54, United States Code, that is enacted by section 3. 


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1 (b) CUTOFF DATE.—The title 54 provisions replace certain provisions of 

2 law enacted on or before January 3, 2012. If a law enacted after that date 

3 amends or repeals a source provision, that law is deemed to amend or repeal, 

4 as the case may be, the corresponding title 54 provision. If a law enacted after 

5 that date is otherwise inconsistent with a title 54 provision or a provision 

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

7 to the extent of the inconsistency. 

8 (c) ORIGINAL DATE OF ENACTMENT UNCHANGED.—For purposes of deter9 mining whether one provision of law supersedes another based on enactment 

10 later in time, a title 54 provision is deemed to have been enacted on the date 

11 of enactment of the source provision that the title 54 provision replaces. 

12 (d) REFERENCES TO TITLE 54 PROVISIONS.—A reference to a title 54 pro13 vision is deemed to refer to the corresponding source provision. 

14 (e) REFERENCES TO SOURCE PROVISIONS.—A reference to a source provi15 sion, including a reference in a regulation, order, or other law, is deemed to 

16 refer to the corresponding title 54 provision. 

17 (f) REGULATIONS, ORDERS, AND OTHER ADMINISTRATIVE ACTIONS.—A 

18 regulation, order, or other administrative action in effect under a source pro19 vision continues in effect under the corresponding title 54 provision. 

20 (g) ACTIONS TAKEN AND OFFENSES COMMITTED.—An action taken or an 

21 offense committed under a source provision is deemed to have been taken or 

22 committed under the corresponding title 54 provision. 

23 SEC. 7. REPEALS. 

24 The following provisions of law are repealed, except with respect to rights 

25 and duties that matured, penalties that were incurred, or proceedings that 

26 were begun before the date of enactment of this Act: 

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 NA- TIONAL 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.


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Schedule of Laws Repealed—Continued 

Act Section United States Code Former 

Classification 

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.


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213 

•HR 1950 RH 

Schedule of Laws Repealed—Continued 

Act Section United States Code Former 

Classification 

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).

(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.


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214 

•HR 1950 RH 

Schedule of Laws Repealed—Continued 

Act Section United States Code Former 

Classification 

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.

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.


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•HR 1950 RH 

Schedule of Laws Repealed—Continued 

Act Section United States Code Former 

Classification 

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.


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216 

•HR 1950 RH 

Schedule of Laws Repealed—Continued 

Act Section United States Code Former 

Classification 

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.

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.


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•HR 1950 RH 

Schedule of Laws Repealed—Continued 

Act Section United States Code Former 

Classification 

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.

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).


pwalker on DSK7TPTVN1PROD with BILLS
House Calendar No. 154 

112TH CONGRESS 

2D SESSION H. R. 1950 

[Report No. 112–631] 

A BILL 

To enact title 54, United States Code, ‘‘National 

Park System’’, as positive law. 

JULY 31, 2012 

Reported with an amendment, referred to the House 

Calendar, and ordered to be printed 


pwalker on DSK7TPTVN1PROD with BILLS