I 

112TH CONGRESS 

1ST SESSION H. R. 1950 

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 

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. 

Sec. 6. Transitional and savings provisions. 

Sec. 7. Repeals. 

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

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

7 relating to the National Park System as title 54, United States Code, ‘‘Na8 tional Park System’’. 

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

10 by this Act, the intent is to conform to the understood policy, intent, and 

11 purpose of Congress in the original enactments, with such amendments and 

12 corrections as will remove ambiguities, contradictions, and other imperfecVerDate Mar 15 2010 20:20 Jun 09, 2011 Jkt 099200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6221 E:\BILLS\H1950.IH H1950

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1 tions, in accordance with section 205(c)(1) of House Resolution No. 988, 

2 93d Congress, as enacted into law by Public Law 93–554 (2 U.S.C. 

3 285b(1)). 

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

5 Title 54, United States Code, ‘‘National Park System’’, is enacted as fol6 lows: 

TITLE 54—NATIONAL PARK SYSTEM 

Subtitle I—National Park Service 

DIVISION A—ESTABLISHMENT AND GENERAL 

ADMINISTRATION 

Chap. Sec. 

1001. General Provisions ............................................................................................ 1001.01 

1003. Establishment, Directors, and Other Employees ............................................. 1003.01 

1005. Planning and Development ............................................................................... 1005.01 

1007. Management ..................................................................................................... 1007.01 

1009. Administration .................................................................................................. 1009.01 

1011. Donations .......................................................................................................... 1011.01 

1013. Employees ......................................................................................................... 1013.01

1015. Transportation .................................................................................................. 1015.01 

1017. Financial Agreements ....................................................................................... 1017.01 

1019. Concessions ....................................................................................................... 1019.01

1021. Privileges, Rentals, Leases, and Permits ......................................................... 1021.01 

1023. System Unit Resource Protection .................................................................... 1023.01 

1025. Volunteers in Parks Programs ......................................................................... 1025.01 

1027. Museums ........................................................................................................... 1027.01

1029. Law Enforcement and Emergency Assistance ................................................. 1029.01 

1031. Mining Activity Within System Units .............................................................. 1031.01 

1033. Land Transfers ................................................................................................. 1033.01 

1035. Appropriations and Accounting ........................................................................ 1035.01 

1037. National Military Parks .................................................................................... 1037.01 

1039. Miscellaneous .................................................................................................... 1039.01 

DIVISION B—OUTDOOR RECREATION PROGRAMS 

1051. Coordination of Programs ................................................................................ 1051.01 

1053. Land and Water Conservation Fund ................................................................ 1053.01 


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1055. Urban Park and Recreation Recovery Program .............................................. 1055.01 

DIVISION C—SYSTEM UNITS AND RELATED AREAS 

[RESERVED] 

Subtitle II—Historic Sites, Buildings, 

Objects, and Antiquities 

DIVISION A—GENERAL PROVISIONS 

2001. Policy and Administrative Provisions ............................................................... 2001.01 

2003. Definitions ........................................................................................................ 2003.01 

DIVISION B—HISTORIC PRESERVATION 

Subdivision 1—General Provisions 

2011. Findings, Policy, and Definitions ..................................................................... 2011.01 

Subdivision 2—Historic Preservation Program 

2021. Definitions ........................................................................................................ 2021.01 

2023. National Register of Historic Places ................................................................ 2023.01 

2025. State Historic Preservation Programs ............................................................. 2025.01 

2027. Certification of Local Governments .................................................................. 2027.01 

2029. Historic Properties of Indian Tribes ................................................................ 2029.01 

2031. Grants ............................................................................................................... 2031.01 

Subdivision 3—Other Organizations and Programs 

2041. Advisory Council on Historic Preservation ....................................................... 2041.01 

2043. Historic Light Station Preservation ................................................................. 2043.01 

2045. National Center for Preservation Technology and Training ............................ 2045.01 

Subdivision 4—Federal Responsibilities 

2051. Historic Properties ........................................................................................... 2051.01 

2053. Undertakings .................................................................................................... 2053.01 

2055. Financing .......................................................................................................... 2055.01 

Subdivision 5—Miscellaneous 

2061. Miscellaneous .................................................................................................... 2061.01 

DIVISION C—ORGANIZATIONS AND PROGRAMS 

2071. National Trust for Historic Preservation in the United States ....................... 2071.01 

2073. Commission for the Preservation of America’s Heritage Abroad .................... 2073.01 

2075. American Battlefield Protection Program ........................................................ 2075.01 


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2077. National Underground Railroad Network to Freedom .................................... 2077.01 

2079. National Women’s Rights History Project ....................................................... 2079.01 

2081. Preservation of Historical and Archaeological Data ........................................ 2081.01 

2083. National Maritime Heritage ............................................................................. 2083.01 

2085. Preserve America Program ............................................................................... 2085.01 

2087. Save America’s Treasures Program ................................................................. 2087.01 

2089. Commemoration of Former Presidents ............................................................ 2089.01 

DIVISION D—AMERICAN ANTIQUITIES 

2201. Monuments, Ruins, Sites, and Objects of Antiquity ........................................ 2201.01 

1 Subtitle I—National Park Service 

2 DIVISION A—ESTABLISHMENT AND GENERAL 

3 ADMINISTRATION 

4 CHAPTER 1001—GENERAL PROVISIONS 

Sec. 

1001.01. Findings and purpose. 

1001.02. Definitions. 

5 § 1001.01. Findings and purpose 

6 (a) FINDINGS.—Congress declares that— 

7 (1) the National Park System, which began with establishment of 

8 Yellowstone National Park in 1872, has since grown to include super9 lative natural, historic, and recreation areas in every major region of 

10 the United States and its territories and possessions; 

11 (2) these areas, though distinct in character, are united through 

12 their interrelated purposes and resources into one National Park Sys13 tem as cumulative expressions of a single national heritage; 

14 (3) individually and collectively, these areas derive increased national 

15 dignity and recognition of their superb environmental quality through 

16 their inclusion jointly with each other in the System preserved and 

17 managed for the benefit and inspiration of all the people of the United 

18 States; and 

19 (4) it is the purpose of this section and sections 1005.01 and 

20 1009.11 of this title to include all these areas in the System and to 

21 clarify the authorities applicable to the System. 

22 (b) PURPOSE.—Congress directs that the promotion and regulation of the 

23 various System units shall be consistent with and founded in the purpose 

24 established by section 1003.01(b) of this title, to the common benefit of all 

25 the people of the United States. The authorization of activities shall be con26 strued and the protection, management, and administration of the System 

27 units shall be conducted in light of the high public value and integrity of 


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1 the System and shall not be exercised in derogation of the values and pur2 poses for which these various areas have been established, except as directly 

3 and specifically provided by Congress. 

4 § 1001.02. Definitions 

5 In this title: 

6 (1) DIRECTOR.—The term ‘‘Director’’ means the Director of the Na7 tional Park Service. 

8 (2) SECRETARY.—The term ‘‘Secretary’’ means the Secretary of the 

9 Interior. 

10 (3) SERVICE.—The term ‘‘Service’’ means the National Park Serv11 ice. 

12 (4) SYSTEM.—The term ‘‘System’’ means the areas of land and 

13 water described in section 1005.01 of this title. 

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

15 described in section 1005.01 of this title. 

16 CHAPTER 1003—ESTABLISHMENT, DIRECTORS, AND 

17 OTHER EMPLOYEES 

Sec. 

1003.01. Establishment and purpose. 

1003.02. Directors and other employees. 

1003.03. Effect on other laws. 

18 § 1003.01. Establishment and purpose 

19 (a) ESTABLISHMENT.—There is in the Department of the Interior a serv20 ice to be called the National Park Service. 

21 (b) PURPOSE.—The Secretary shall promote and regulate the use of the 

22 System by means and measures that conform to the fundamental purpose 

23 of the System units, which purpose is to conserve the scenery and the nat24 ural and historic objects and the wildlife in, and to provide for the enjoy25 ment of, the System units in the manner and by the means that will leave 

26 them unimpaired for the enjoyment of future generations. 

27 § 1003.02. Directors and other employees 

28 (a) DIRECTOR.— 

29 (1) APPOINTMENT.—The Service shall be under the charge of a di30 rector who shall be appointed by the President, by and with the advice 

31 and consent of the Senate. 

32 (2) QUALIFICATIONS.—The Director shall have substantial experi33 ence and demonstrated competence in land management and natural or 

34 cultural resource conservation. 

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

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

37 In the supervision, management, and control of System units contigVerDate Mar 15 2010 20:20 Jun 09, 2011 Jkt 099200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6221 E:\BILLS\H1950.IH H1950

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1 uous to national forests the Secretary of Agriculture may cooperate 

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

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

4 The first Deputy Director shall have responsibility for Service operations, 

5 and the second Deputy Director shall have responsibility for other programs 

6 assigned to the Service. 

7 (c) OTHER EMPLOYEES.—The Service shall have such subordinate offi8 cers, clerks, and employees as may be appropriated for by Congress. 

9 § 1003.03. Effect on other laws 

10 This chapter and sections 1009.01(a), 1009.06, 1021.01, and 1021.02 of 

11 this title do not affect or modify the Act of February 15, 1901 (16 U.S.C. 

12 79). 

13 CHAPTER 1005—PLANNING AND DEVELOPMENT 

Sec. 

1005.01. Areas included in System. 

1005.02. Study and planning of park, parkway, and recreational-area facilities. 

1005.03. System development program. 

1005.04. Periodic review of System. 

1005.05. Boundary changes of System units. 

1005.06. Additional areas for System. 

14 § 1005.01. Areas included in System 

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

16 Secretary through the Service for park, monument, historic, parkway, rec17 reational, or other purposes. 

18 § 1005.02. Study and planning of park, parkway, and rec19 reational-area facilities 

20 (a) IN GENERAL.— 

21 (1) DEFINITION.—In this subsection, the term ‘‘State’’ includes 

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

23 (2) STUDY.—The Secretary shall cause the Service to make a com24 prehensive study, other than on land under the jurisdiction of the Sec25 retary of Agriculture, of the public park, parkway, and recreational 

26 area programs of the United States, States, and political subdivisions 

27 of States and of areas of land throughout the United States that are 

28 or may be chiefly valuable as public park, parkway, or recreational 

29 areas. A study shall not be made in any State without the consent and 

30 approval of the State officials, boards, or departments having jurisdic31 tion over the land. The study shall be such as, in the judgment of the 

32 Secretary, will provide data helpful in developing a plan for coordinated 

33 and adequate public park, parkway, and recreational-area facilities for 

34 the people of the United States. 

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

36 making the study and to accomplish the purposes of this section, the 

37 Secretary, through the Service— 


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1 (A) shall seek and accept the cooperation and assistance of Fed2 eral departments or agencies having jurisdiction of land belonging 

3 to the United States; and 

4 (B) may cooperate and make agreements with and seek and ac5 cept the assistance of— 

6 (i) other Federal agencies and instrumentalities; and 

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

8 and instrumentalities of either of them. 

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

10 and adequate public park, parkway, and recreational-area facilities for 

11 the people of the United States, the Secretary may aid States and po12 litical subdivisions of States in planning public park, parkway, and rec13 reational-areas and in cooperating with one another to accomplish these 

14 ends. Aid shall be made available through the Service acting in co15 operation with such State agencies or agencies of political subdivisions 

16 of States as the Secretary considers best. 

17 (b) CONSENT OF CONGRESS TO AGREEMENTS BETWEEN STATES.—The 

18 consent of Congress is given to any 2 or more States to negotiate and enter 

19 into compacts or agreements with one another with reference to planning, 

20 establishing, developing, improving, and maintaining any park, parkway, or 

21 recreational area. No compact or agreement shall be effective until approved 

22 by the legislatures of the States that are parties to the compact or agree23 ment and by Congress. 

24 § 1005.03. System development program 

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

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

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

28 the Secretary shall submit to Congress a list indicating the current status 

29 of completion or revision of general management plans for each System 

30 unit. General management plans for each System unit shall include— 

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

32 (2) indications of types and general intensities of development (in33 cluding visitor circulation and transportation patterns, systems, and 

34 modes) associated with public enjoyment and use of the area, including 

35 general locations, timing of implementation, and anticipated costs; 

36 (3) identification of and implementation commitments for visitor car37 rying capacities for all areas of the System unit; and 

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

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


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1 § 1005.04. 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 

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

5 submit to the Committee on Natural Resources and the Committee on Ap6 propriations of the House of Representatives and the Committee on Energy 

7 and Natural Resources and the Committee on Appropriations of the Senate 

8 a report on the findings of the review, together with recommendations as 

9 the Secretary determines to be necessary. 

10 (b) CONSULTATION.—In conducting and preparing the report, the Sec11 retary shall consult with appropriate officials of affected Federal, State, and 

12 local agencies and national, regional, and local organizations. The consulta13 tion shall include holding public hearings that the Secretary determines to 

14 be appropriate 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 No18 vember 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 par22 cel (subject to any statutory acquisition limitations for the land), and 

23 the basis for the estimate. 

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

25 each System unit for resource management, interpretation, construc26 tion, operation and maintenance, personnel, and housing, together with 

27 an estimate of the costs. 

28 § 1005.05. Boundary changes of System units 

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

30 to evaluate any proposed changes to the boundaries of System units, includ31 ing— 

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

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

34 scenic and recreational resources integral to the System unit; 

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

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

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

38 taking into consideration the factors in section 1005.04(c)(3) of this 

39 title and the effect of the adjustments on the local communities and 

40 surrounding area. 


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1 (b) PROPOSAL OF SECRETARY.—In proposing a boundary change to a 

2 System unit, the Secretary shall— 

3 (1) consult with affected agencies of State and local governments, 

4 surrounding communities, affected landowners, and private national, 

5 regional, and local organizations; 

6 (2) apply the criteria developed pursuant to subsection (a) and ac7 company the proposal with a statement reflecting the results of the ap8 plication of the criteria; and 

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

10 any parcels proposed for acquisition, the basis for the estimate, and a 

11 statement on the relative priority for the acquisition of each parcel 

12 within the priorities for acquisition of other parcels for the System unit 

13 and for the System. 

14 § 1005.06. Additional areas for System 

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

16 shall investigate, study, and continually monitor the welfare of areas whose 

17 resources exhibit qualities of national significance and that may have poten18 tial for inclusion in the System. 

19 (b) SUBMISSION OF LIST OF AREAS RECOMMENDED FOR STUDY FOR PO20 TENTIAL INCLUSION.— 

21 (1) WHEN LIST IS TO BE SUBMITTED.—At the beginning of each cal22 endar year, with the annual budget submission, the Secretary shall sub23 mit to the Committee on Natural Resources of the House of Represent24 atives and the Committee on Energy and Natural Resources of the 

25 Senate a list of areas recommended for study for potential inclusion in 

26 the System. 

27 (2) FACTORS TO BE CONSIDERED.—In developing the list to be sub28 mitted under this subsection, the Secretary shall consider— 

29 (A) the areas that have the greatest potential to meet the estab30 lished criteria of national significance, suitability, and feasibility; 

31 (B) themes, sites, and resources not already adequately rep32 resented in the System; and 

33 (C) public petitions and Congressional resolutions. 

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

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

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

37 other relevant factors, compiled as a result of continual periodic moni38 toring and embracing the period since the previous submission or initial 

39 report submission one year earlier. 


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1 (4) CONGRESSIONAL AUTHORIZATION REQUIRED.—No study of the 

2 potential of an area for inclusion in the System may be initiated except 

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

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

5 This section and sections 1009.02(1), 1017.02(b) and (c), and 1021.03 

6 of this title do not limit the authority of the Service to conduct prelimi7 nary resource assessments, gather data on potential study areas, pro8 vide technical and planning assistance, prepare or process nominations 

9 for administrative designations, update previous studies, or complete 

10 reconnaissance surveys of individual areas requiring a total expenditure 

11 of less than $25,000. 

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

13 does not apply to or affect or alter the study of— 

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

15 and scenic rivers system; or 

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

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

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

19 shall complete the study for each area for potential inclusion in the 

20 System within 3 complete fiscal years following the date on which 

21 funds are first made available for that purpose. 

22 (2) OPPORTUNITY FOR PUBLIC INVOLVEMENT REQUIRED.—Each 

23 study under this section shall be prepared with appropriate opportunity 

24 for public involvement, including at least one public meeting in the vi25 cinity of the area under study, and after reasonable efforts to notify 

26 potentially affected landowners and State and local governments. 

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

28 consider whether the area under study— 

29 (A) possesses nationally significant natural or cultural resources 

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

31 resource type in the country; and 

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

33 (4) SCOPE OF STUDY.—Each study— 

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

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

36 (ii) the threats to those resources; 

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

38 System or in other public or private ownership; 

39 (iv) the public use potential; 

40 (v) the interpretive and educational potential; 


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1 (vi) costs associated with acquisition, development, and op2 eration; 

3 (vii) the socioeconomic impacts of any designation; 

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

5 (ix) whether the area is of appropriate configuration to en6 sure long-term resource protection and visitor use; 

7 (B) shall consider whether direct Service management or alter8 native protection by other public agencies or the private sector is 

9 appropriate for the area; 

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

11 would in the professional judgment of the Director be most effec12 tive and efficient in protecting significant resources and providing 

13 for public enjoyment; and 

14 (D) may include any other information that the Secretary con15 siders to be relevant. 

16 (5) COMPLIANCE WITH NATIONAL ENVIRONMENTAL POLICY ACT OF

17 1969.—Each study shall be completed in compliance with the National 

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

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

20 letter transmitting each completed study to Congress shall contain a 

21 recommendation regarding the Secretary’s preferred management op22 tion for the area. 

23 (d) LIST OF AREAS PREVIOUSLY STUDIED.— 

24 (1) WHEN LIST IS TO BE SUBMITTED.—At the beginning of each cal25 endar year, with the annual budget submission, the Secretary shall sub26 mit to the Committee on Natural Resources of the House of Represent27 atives and the Committee on Energy and Natural Resources of the 

28 Senate, in numerical order of priority for addition to the System— 

29 (A) a list of areas that have been previously studied that con30 tain primarily historical resources; and 

31 (B) a list of areas that have been previously studied that con32 tain primarily natural resources. 

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

34 consider threats to resource values, cost escalation factors, and other 

35 factors listed in subsection (c). 

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

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

38 accurate. 

39 (e) LIST OF AREAS THAT EXHIBIT DANGER OR THREATS TO THE IN40 TEGRITY OF THEIR RESOURCES.—At the beginning of each fiscal year, the 

41 Secretary shall submit to the Speaker of the House of Representatives and 


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

2 on the Registry of Natural Landmarks, and areas of national significance 

3 listed on the National Register of Historic places, that exhibit known or an4 ticipated damage or threats to the integrity of their resources, with nota5 tions as to the nature and severity of the damage or threats. 

6 (f) REPORTS AND LISTINGS PRINTED AS HOUSE DOCUMENTS.—Each re7 port and annual listing described in this section shall be printed as a House 

8 document. If adequate supplies of previously printed identical reports re9 main available, newly submitted identical reports shall be omitted from 

10 printing on receipt by the Speaker of the House of Representatives of a 

11 joint letter from the chairman of the Committee on Natural Resources of 

12 the House of Representatives and the chairman of the Committee on En13 ergy and Natural Resources of Senate indicating that to be the case. 

14 (g) DESIGNATION OF OFFICE.—The Secretary shall designate a single of15 fice to prepare all new area studies and to implement other functions under 

16 this section. 

17 (h) AUTHORIZATION OF APPROPRIATIONS.— 

18 (1) STUDIES OF POTENTIAL NEW SYSTEM UNITS AND MONITORING

19 THE WELFARE OF SYSTEM UNIT RESOURCES.—To carry out studies for 

20 potential new System units and for monitoring the welfare of historical 

21 and natural resources referred to in subparagraphs (A) and (B) of sub22 section (d)(1), there is authorized to be appropriated not to exceed 

23 $1,000,000 for each fiscal year. 

24 (2) MONITORING WELFARE AND INTEGRITY OF NATIONAL LAND25 MARKS.—To monitor the welfare and integrity of the national land26 marks, there is authorized to be appropriated not to exceed $1,500,000 

27 for each fiscal year. 

28 (3) CARRYING OUT SUBSECTIONS (b), (c), and (g).—To carry out 

29 subsections (b), (c), and (g), there is authorized to be appropriated 

30 $2,000,000 for each fiscal year. 

31 CHAPTER 1007—MANAGEMENT 

Subchapter I—Maintenance 

Sec. 

1007.01. Maintenance management system. 

Subchapter II—Service Career Development, Training, and Management 

1007.11. Protection, interpretation, and research in System. 

1007.12. Service employee training. 

1007.13. Management development and training. 

1007.14. System unit accountability and budgets. 

Subchapter III—System Resource Inventory and Management 

1007.21. Purposes. 

1007.22. Research mandate. 

1007.23. Cooperative agreements. 

1007.24. Inventory and monitoring program. 

1007.25. Availability of System units for scientific study. 


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1007.26. Integration of study results into management decisions. 

1007.27. Confidentiality of information. 

1 Subchapter I—Maintenance 

2 § 1007.01. 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 

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

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

9 type of maintenance work performed. 

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

11 in 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 

15 maintained; 

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 an20 nual work plan identifying maintenance needs and financial resources 

21 to be devoted to each maintenance task. 

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

23 in a specific time period and specifies required labor resources. 

24 (6) Work orders specifying job authorizations and a record of work 

25 accomplished that can be used to record actual labor and material 

26 costs. 

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

28 accomplishments and costs and that can be used to evaluate mainte29 nance operations. 

30 Subchapter II—Service Career Development, Training, and 

31 Management 

32 § 1007.11. Protection, interpretation, and research in System 

33 Recognizing the ever increasing societal pressures being placed upon 

34 America’s unique natural and cultural resources contained in the System, 

35 the Secretary shall continually improve the ability of the Service to provide 

36 state-of-the-art management, protection, and interpretation of, and research 

37 on, the resources of the System. 

38 § 1007.12. Service employee training 

39 The Secretary shall develop a comprehensive training program for em40 ployees in all professional careers in the workforce of the Service for the 


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1 purpose of ensuring that the workforce has available the best, up-to-date 

2 knowledge, skills, and abilities with which to manage, interpret, and protect 

3 the resources of the System. 

4 § 1007.13. Management development and training 

5 The Secretary shall maintain a clear plan for management training and 

6 development under which career professional Service employees from any 

7 appropriate academic field may obtain sufficient training, experience, and 

8 advancement opportunity to enable those qualified to move into System unit 

9 management positions, including the position of superintendent of a System 

10 unit. 

11 § 1007.14. System unit accountability and budgets 

12 (a) STRATEGIC AND PERFORMANCE PLANS.—Each System unit shall pre13 pare and make available to the public a 5-year strategic plan and an annual 

14 performance plan. The plans shall reflect the Service policies, goals, and 

15 outcomes represented in the Service-wide strategic plan prepared pursuant 

16 to section 306 of title 5. 

17 (b) ANNUAL BUDGET.— 

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

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

20 the appropriation for the unit from the Operations of the National 

21 Park System account (but not later than January 1 of each year), the 

22 superintendent of the System unit shall develop and make available to 

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

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

25 (A) funding allocations for resource preservation (including re26 source management), visitor services (including maintenance, in27 terpretation, law enforcement, and search and rescue), and admin28 istration; and 

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

30 of all funds retained from fees collected for that year, including 

31 special use permits, concession franchise fees, and recreation use 

32 and entrance fees. 

33 Subchapter III—System Resource Inventory and 

34 Management 

35 § 1007.21. Purposes 

36 The purposes of this subchapter are— 

37 (1) to more effectively achieve the mission of the Service; 

38 (2) to enhance management and protection of System resources by 

39 providing clear authority and direction for the conduct of scientific 

40 study in the System and to use the information gathered for manage41 ment purposes; 


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1 (3) to ensure appropriate documentation of resource conditions in 

2 the System; 

3 (4) to encourage others to use the System for study to the benefit 

4 of System management as well as broader scientific value, where such 

5 study is consistent with chapter 1003 and sections 1009.01(a), 

6 1009.06, 1021.01, and 1021.02 of this title; and 

7 (5) to encourage the publication and dissemination of information 

8 derived from studies in the System. 

9 § 1007.22. 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 § 1007.23. Cooperative agreements 

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 multi17 disciplinary research and develop integrated information products on the re18 sources of the System, or the larger region of which System units are a 

19 part. 

20 § 1007.24. Inventory and monitoring program 

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

22 System resources to establish baseline information and to provide informa23 tion on the long-term trends in the condition of System resources. The mon24 itoring program shall be developed in cooperation with other Federal moni25 toring and information collection efforts to ensure a cost-effective approach. 

26 § 1007.25. Availability of System units for scientific study 

27 (a) IN GENERAL.—The Secretary may solicit, receive, and consider re28 quests from Federal or non-Federal public or private agencies, organiza29 tions, individuals, or other entities for the use of any System unit for pur30 poses of scientific study. 

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

32 may be approved if the Secretary determines that the proposed study— 

33 (1) is consistent with applicable laws and Service management poli34 cies; and 

35 (2) will be conducted in such a manner as to pose no threat to the 

36 System unit resources or public enjoyment derived from System unit 

37 resources. 

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

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

40 under this section. 


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1 (d) BENEFIT-SHARING ARRANGEMENTS.—The Secretary may enter into 

2 equitable, efficient benefit-sharing arrangements with the research commu3 nity and private industry. 

4 § 1007.26. Integration of study results into management de5 cisions 

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

7 full and proper utilization of the results of scientific study for System unit 

8 management decisions. In each case in which an action undertaken by the 

9 Service may cause a significant adverse effect on a System unit resource, 

10 the administrative record shall reflect the manner in which System unit re11 source studies have been considered. The trend in the condition of resources 

12 of the System shall be a significant factor in the annual performance eval13 uation of each superintendent of a System unit. 

14 § 1007.27. Confidentiality of information 

15 Information concerning the nature and specific location of a System re16 source that is endangered, threatened, rare, or commercially valuable, of 

17 mineral or paleontological objects within System units, or of objects of cul18 tural patrimony within System units, may be withheld from the public in 

19 response to a request under section 552 of title 5 unless the Secretary de20 termines that— 

21 (1) disclosure of the information would further the purposes of the 

22 System unit in which the resource or object is located and would not 

23 create an unreasonable risk of harm, theft, or destruction of the re24 source or object, including individual organic or inorganic specimens; 

25 and 

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

27 or object. 

28 CHAPTER 1009—ADMINISTRATION 

Sec. 

1009.01. Regulations. 

1009.02. Authority of Secretary to carry out certain activities. 

1009.03. Central warehouses at System units. 

1009.04. Services or other accommodations for public. 

1009.05. Care, removal, and burial of indigents. 

1009.06. Destruction of animals and plant life. 

1009.07. Hire of work animals, vehicles, and equipment with or without personal services. 

1009.08. Preparation of mats for reproduction of photographs. 

1009.09. Advisory committees. 

1009.10. Relinquishment of legislative jurisdiction. 

1009.11. Applicability of other laws. 

29 § 1009.01. Regulations 

30 (a) USE AND MANAGEMENT OF SYSTEM UNITS.—The Secretary shall 

31 make such regulations as the Secretary considers necessary or proper for 

32 the use and management of System units. A person that violates any regula33 tion authorized by this subsection and chapter 1003 and sections 1009.06, 


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1 1021.01, and 1021.02 of this title shall be fined under title 18, imprisoned 

2 not more than 6 months, or both, and be adjudged to pay all cost of the 

3 proceedings. 

4 (b) BOATING AND OTHER ACTIVITIES ON OR RELATING TO BODIES OF

5 WATER.—To facilitate the administration of the System, the Secretary, 

6 under such terms and conditions as the Secretary considers advisable, may 

7 prescribe and enforce regulations concerning boating and other activities on 

8 or relating to bodies of water located within System units, including bodies 

9 of water subject to the jurisdiction of the United States. Any regulation 

10 adopted pursuant to this subsection shall be complementary to, and not in 

11 derogation of, the authority of the Coast Guard to regulate the use of bodies 

12 of water subject to the jurisdiction of the United States. 

13 § 1009.02. Authority of Secretary to carry out certain activi14 ties 

15 To facilitate the administration of the System, the Secretary, under such 

16 terms and conditions as the Secretary may consider advisable, may carry 

17 out the following activities: 

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

19 may enter into contracts that provide for the sale or lease to persons, 

20 States, or political subdivisions of States, of services, resources, or 

21 water available within a System unit, as long as the activity does not 

22 jeopardize or unduly interfere with the primary natural or historic re23 source of the System unit, if the person, State, or political subdivi24 sion— 

25 (A) provides public accommodations or services within the im26 mediate vicinity of the System unit to individuals visiting the Sys27 tem unit; and 

28 (B) demonstrates to the Secretary that there are no reasonable 

29 alternatives by which to acquire or perform the necessary services, 

30 resources, or water. 

31 (2) VEHICULAR AIR CONDITIONING.—The Secretary may acquire, 

32 and have installed, air conditioning units for any Government-owned 

33 passenger motor vehicles used by the Service, where assigned duties ne34 cessitate long periods in automobiles or in regions of the United States 

35 where high temperatures and humidity are common and prolonged. 

36 (3) UTILITY FACILITIES.—The Secretary may erect and maintain 

37 fire protection facilities, water lines, telephone lines, electric lines, and 

38 other utility facilities adjacent to any System unit, where necessary, to 

39 provide service in the System unit. 

40 (4) SUPPLIES AND RENTAL OF EQUIPMENT.—The Secretary may 

41 furnish, on a reimbursement of appropriation basis, supplies, and rent 


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1 equipment, to persons and agencies that, in cooperation with and sub2 ject to the approval of the Secretary, render services or perform func3 tions that facilitate or supplement the activities of the Department of 

4 the Interior in the administration of the System. The reimbursements 

5 may be credited to the appropriation current at the time reimburse6 ments are received. 

7 (5) CONTRACTS FOR UTILITY FACILITIES.—The Secretary may con8 tract, under terms and conditions that the Secretary considers to be 

9 in the interest of the Federal Government, for the sale, operation, 

10 maintenance, repair, or relocation of Government-owned electric and 

11 telephone lines and other utility facilities used for the administration 

12 and protection of the System, regardless of whether the lines and facili13 ties are located within or outside the System. 

14 (6) RIGHTS-OF-WAY.—The Secretary may acquire— 

15 (A) rights-of-way as may be necessary to construct, improve, 

16 and maintain roads within the authorized boundaries of any Sys17 tem unit; and 

18 (B) land and interests in land adjacent to the rights-of-way, 

19 when— 

20 (i) considered necessary by the Secretary— 

21 (I) to provide adequate protection of natural features; 

22 or 

23 (II) to avoid traffic and other hazards resulting from 

24 private road access connections; or 

25 (ii) the acquisition of adjacent residual tracts, which other26 wise would remain after acquiring the rights-of-way, would be 

27 in the public interest. 

28 (7) OPERATION AND MAINTENANCE OF MOTOR AND OTHER EQUIP29 MENT.— 

30 (A) IN GENERAL.—The Secretary may operate, repair, main31 tain, and replace motor and other equipment on a reimbursable 

32 basis when the equipment is used on Federal projects of the Sys33 tem, chargeable to other appropriations, or on work of other Fed34 eral agencies, when requested by the agencies. 

35 (B) REIMBURSEMENT.—Reimbursement shall be— 

36 (i) made from appropriations applicable to the work on 

37 which the equipment is used at rental rates established by the 

38 Secretary, based on actual or estimated cost of operation, re39 pair, maintenance, depreciation, and equipment management 

40 control; and 


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1 (ii) credited to appropriations currently available at the 

2 time adjustment is effected. 

3 (C) RENTAL OF EQUIPMENT FOR FIRE CONTROL PURPOSES.— 

4 The Secretary may rent equipment for fire control purposes to 

5 State, county, private, or other non-Federal agencies that cooper6 ate with the Secretary in the administration of the System and 

7 other areas in fire control. The rental shall be under the terms 

8 of written cooperative agreements. The amount collected for the 

9 rentals shall be credited to appropriations currently available at 

10 the time payment is received. 

11 § 1009.03. Central warehouses at System units 

12 (a) AUTHORITY OF SECRETARY.—The Secretary, in the administration of 

13 the System, may maintain central warehouses at System units. 

14 (b) APPROPRIATIONS.— 

15 (1) AVAILABILITY.—Appropriations made for the administration, 

16 protection, maintenance, and improvement of System units shall be 

17 available for the purchase of supplies and materials to be kept in cen18 tral warehouses for distribution at cost, including transportation and 

19 handling, to projects under specific appropriations. 

20 (2) TRANSFERS BETWEEN APPROPRIATIONS.— 

21 (A) AUTHORIZATION.—Transfers between the various appro22 priations made for System units are authorized for the purpose of 

23 charging the cost of supplies and materials, including transpor24 tation and handling, drawn from central warehouses maintained 

25 under this authority to the particular appropriation benefited. 

26 (B) AVAILABILITY OF SUPPLIES AND MATERIALS AND TRANS27 FERS IN SUBSEQUENT YEARS.—Supplies and materials that re28 main at the end of any fiscal year shall be continuously available 

29 for issuance during subsequent fiscal years and shall be charged 

30 for by transfers of funds between appropriations made for the ad31 ministration, protection, maintenance, and improvement of System 

32 units for the fiscal year then current without decreasing the ap33 propriations made for that fiscal year. 

34 (c) LIMITATION ON PURCHASE OF SUPPLIES AND MATERIALS.—Supplies 

35 and materials shall not be purchased solely for the purpose of increasing 

36 the value of storehouse stock beyond reasonable requirements for any cur37 rent fiscal year. 

38 § 1009.04. Services or other accommodations for public 

39 The Secretary may contract for services or other accommodations pro40 vided in System units for the public under contract with the Department 

41 of the Interior, as may be required in the administration of the Service, at 


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1 rates approved by the Secretary for the furnishing of those services or ac2 commodations to the Federal Government and without compliance with sec3 tion 6101 of title 41. 

4 § 1009.05. Care, removal, and burial of indigents 

5 The Secretary may provide, out of amounts appropriated for the general 

6 expenses of System units, for the temporary care and removal from a Sys7 tem unit of indigents, and in case of death to provide for their burial in 

8 System units not under local jurisdiction for these purposes. This section 

9 does not authorize transportation of indigents or deceased for a distance of 

10 more than 50 miles from the System unit. 

11 § 1009.06. Destruction of animals and plant life 

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

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

14 § 1009.07. Hire of work animals, vehicles, and equipment 

15 with or without personal services 

16 The Secretary may hire, with or without personal services, work animals 

17 and animal-drawn and motor-propelled vehicles and equipment at rates to 

18 be approved by the Secretary and without compliance with section 6101 of 

19 title 41. 

20 § 1009.08. Preparation of mats for reproduction of photo21 graphs 

22 The Secretary shall have prepared mats that may be used for the repro23 duction in magazines and newspapers of photographs of scenery in a System 

24 unit that, in the opinion of the Secretary, would be of interest to the people 

25 of the United States and foreign nations. The mats may be furnished, with26 out charge and under regulations the Secretary may prescribe, to the pub27 lishers of magazines, newspapers, and any other publications that may carry 

28 photographic reproductions. 

29 § 1009.09. Advisory committees 

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

31 Secretary, under such terms and conditions as the Secretary may consider 

32 advisable, may appoint and establish such advisory committees in regard to 

33 the functions of the Service as the Secretary considers advisable. 

34 (b) CHARTER EXCEPTION.—Section 14(b) of the Federal Advisory Com35 mittee Act (5 U.S.C. App.) is waived with respect to any advisory commis36 sion or advisory committee established by law in connection with any Sys37 tem unit during the period for which the commission or committee is au38 thorized by law. 

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

40 advisory committee established in connection with any System unit may 


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1 serve after the expiration of the member’s term until a successor is ap2 pointed. 

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

4 committee established under subsection (a) shall receive no compensation 

5 for their services as such but shall be allowed necessary travel expenses as 

6 authorized by section 5703 of title 5. 

7 § 1009.10. Relinquishment of legislative jurisdiction 

8 (a) IN GENERAL.—Notwithstanding any other provision of law, the Sec9 retary may relinquish to a State or a territory or possession of the United 

10 States part of the legislative jurisdiction of the United States over System 

11 land or interests in land in that State, territory, or possession. Relinquish12 ment may be accomplished— 

13 (1) by filing with the chief executive officer of the State, territory, 

14 or possession a notice of relinquishment to take effect on acceptance; 

15 or 

16 (2) as the laws of the State, territory, or possession may otherwise 

17 provide. 

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

19 a relinquishment under subsection (a), the Secretary shall submit the pro20 posed agreement to the Committee on Energy and Natural Resources of the 

21 Senate and the Committee on Natural Resources of the House of Represent22 atives. The Secretary shall not finalize the agreement until 60 calendar days 

23 after the submission has elapsed. 

24 (c) CONCURRENT LEGISLATIVE JURISDICTION.—The Secretary shall dili25 gently pursue the consummation of arrangements with each State, territory, 

26 or possession within which a System unit is located so that insofar as prac27 ticable the United States shall exercise concurrent legislative jurisdiction 

28 within System units. 

29 § 1009.11. Applicability of other laws 

30 (a) IN GENERAL.—This section and sections 1005.01, 1009.02(3) to (7), 

31 1013.01(1)(B), 1019.01(2), and 1029.11 of this title, and the various au32 thorities relating to the administration and protection of System units, in33 cluding the provisions of law listed in subsection (b), shall, to the extent 

34 that those provisions are not in conflict with any such specific provision, be 

35 applicable to System units, and any reference in any of these provisions to 

36 a System unit does not limit those provisions to that System unit. 

37 (b) APPLICABLE PROVISIONS.—The provisions of law referred to in sub38 section (a) are— 

39 (1) chapter 1003, sections 1009.01(a), 1009.04 to 1009.06, 1011.01, 

40 1011.02, 1015.11, 1021.01, 1021.02, 1029.12, and 1033.01, and chap41 ter 1053 of this title; 


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

2 (3) chapter 2001 of this title. 

3 CHAPTER 1011—DONATIONS 

Subchapter I—Authority of Secretary 

Sec. 

1011.01. Authority to accept land, rights-of-way, buildings, other property, and money. 

1011.02. Authority to accept and use funds to consolidate Federal land ownership. 

Subchapter II—National Park Foundation 

1011.11. Purposes and establishment of Foundation. 

1011.12. Board. 

1011.13. Gifts, devises, or bequests. 

1011.14. Dispostion of property or income. 

1011.15. Corporate succession and powers and duties acting as trustee; personal liability for 

malfeasance. 

1011.16. Corporate powers. 

1011.17. Authority of Board. 

1011.18. Tax exemptions; contributions toward costs of local government; contributions, gifts, 

or transfers to or for use of United States. 

1011.19. Liability of United States. 

1011.20. Promotion of local fundraising support. 

4 Subchapter I—Authority of Secretary 

5 § 1011.01. Authority to accept land, rights-of-way, buildings, 

6 other property, and money 

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

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

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

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

11 § 1011.02. Authority to accept and use funds to consolidate 

12 Federal land ownership 

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

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

15 Federal land ownership within the existing boundaries of any System 

16 unit; and 

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

18 condition that donated funds are to be expended for purposes of this 

19 section only if Federal funds in an amount equal to the amount of the 

20 donated funds are appropriated for the purposes of this section. 

21 (b) AUTHORIZATION OF APPROPRIATIONS.—There are authorized to be 

22 appropriated for each fiscal year such amounts as are necessary to match 

23 funds that are donated for those purposes, not to exceed $500,000. 

24 (c) LIMIT ON ANNUAL AMOUNT.—The amount that may be appropriated 

25 annually for purposes of this section shall be limited to $500,000. 

26 Subchapter II—National Park Foundation 

27 § 1011.11. Purpose and establishment of Foundation 

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

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

30 with, the Service, its activities, or its services, and thereby to further the 


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1 conservation of natural, scenic, historic, scientific, educational, inspirational, 

2 or recreational resources for future generations of Americans, there is estab3 lished a charitable and nonprofit corporation to be known as the National 

4 Park Foundation to accept and administer those gifts. 

5 § 1011.12. Board 

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

7 Board having as members the Secretary, the Director, ex officio, and no 

8 fewer than 6 private citizens of the United States appointed by the Sec9 retary. 

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

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

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

13 only for the remainder of that term. 

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

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

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

17 shall not be an office within the meaning of the statutes of the United 

18 States. 

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

20 time shall constitute a quorum for the transaction of business. 

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

22 which shall be judicially noticed. 

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

24 there shall be at least one meeting each year. 

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

26 paid to the members of the Board for their services as members, but they 

27 shall be reimbursed for actual and necessary traveling and subsistence ex28 penses incurred by them in the performance of their duties as members out 

29 of National Park Foundation funds available to the Board for those pur30 poses. 

31 § 1011.13. Gifts, devises, or bequests 

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

33 (1) IN GENERAL.—The National Park Foundation may accept, re34 ceive, solicit, hold, administer, and use any gifts, devises, or bequests, 

35 either absolutely or in trust of real or personal property, or any income 

36 from, or other interest in, the gift, devise, or bequest, for the benefit 

37 of, or in connection with, the Service, its activities, or its services. 

38 (2) GIFT, DEVISE, OR BEQUEST THAT IS ENCUMBERED, RE39 STRICTED, OR SUBJECT TO BENEFICIAL INTERESTS.—A gift, devise, or 

40 bequest may be accepted by the National Park Foundation even though 

41 it is encumbered, restricted, or subject to beneficial interests of private 


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1 persons if any current or future interest in the gift, devise, or bequest 

2 is for the benefit of the Service, its activities, or its services. 

3 (b) WHEN GIFT, DEVISE, OR BEQUEST MAY NOT BE ACCEPTED.—The 

4 National Park Foundation may not accept any gift, devise, or bequest that 

5 entails any expenditure other than from the resources of the Foundation. 

6 (c) INTEREST IN REAL PROPERTY.—For purposes of this section, an in7 terest in real property includes easements or other rights for preservation, 

8 conservation, protection, or enhancement by and for the public of natural, 

9 scenic, historic, scientific, educational, inspirational, or recreational re10 sources. 

11 § 1011.14. Disposition of property or income 

12 (a) AUTHORITY TO DISPOSE OR DEAL WITH PROPERTY OR INCOME.— 

13 Except as otherwise required by the instrument of transfer, the National 

14 Park Foundation may sell, lease, invest, reinvest, retain, or otherwise dis15 pose of or deal with any property or income from the property as the Board 

16 may determine. 

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

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

19 trust company in the District of Columbia, except that the Foundation may 

20 make any investment authorized by the instrument of transfer, and may re21 tain any property accepted by the Foundation. 

22 (c) USE OF SERVICES AND FACILITIES OF THE DEPARTMENTS OF THE

23 INTERIOR AND JUSTICE.—The National Park Foundation may utilize the 

24 services and facilities of the Department of the Interior and the Department 

25 of Justice, and the services and facilities may be made available on request 

26 to the extent practicable with or without reimbursement. Amounts reim27 bursed to either Department shall be returned by the Department to the 

28 account from which the funds for which the reimbursement is made were 

29 drawn and may, without further appropriation, be expended for any purpose 

30 for which the account is authorized. 

31 § 1011.15. Corporate succession and powers and duties act32 ing as trustee; personal liability for malfeasance 

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

34 perpetual succession. 

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

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

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

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

39 Board shall not be personally liable, except for malfeasance. 


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1 § 1011.16. Corporate powers 

2 The National Park Foundation shall have the power to enter into con3 tracts, to execute instruments, and generally to do any and all lawful acts 

4 necessary or appropriate to its purposes. 

5 § 1011.17. 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 § 1011.18. Tax exemptions; contributions toward costs of 

11 local government; contributions, gifts, or transfers 

12 to or for use of United States 

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

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

15 income or property, shall be exempt from all Federal, State, and local tax16 ation. 

17 (b) CONTRIBUTIONS IN LIEU OF TAXES.—The National Park Founda18 tion, in the discretion of its directors, may— 

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

20 in excess of those which it would be obligated to pay that government 

21 if it were not exempt from taxation by virtue of subsection (a) or by 

22 virtue of its being a charitable and nonprofit corporation; and 

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

24 the income derived from the property if the agreement is a condition 

25 of the transfer. 

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

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

28 of the Foundation shall be deemed to be contributions, gifts, or transfers 

29 to or for the use of the United States. 

30 § 1011.19. Liability of United States 

31 The United States shall not be liable for any debts, defaults, acts, or 

32 omissions of the National Park Foundation. 

33 § 1011.20. Promotion of local fundraising support 

34 (a) PROGRAM.—The National Park Foundation shall design and imple35 ment a comprehensive program to assist and promote philanthropic pro36 grams of support at the individual System unit level. 

37 (b) IMPLEMENTATION.—The program under subsection (a) shall be im38 plemented to— 

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

40 and 


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1 (2) provide support, national consistency, and management-improv2 ing suggestions for local nonprofit support organizations. 

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

4 (1) shall include the greatest number of System units as is prac5 ticable; and 

6 (2) at a minimum shall include— 

7 (A) a standard adaptable organizational design format to estab8 lish and sustain responsible management of a local nonprofit sup9 port organization for support of a System unit; 

10 (B) standard and legally tenable bylaws and recommended 

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

12 to individual System units; and 

13 (C) a standard training curriculum to orient and expand the op14 erating expertise of personnel employed by local nonprofit support 

15 organizations. 

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

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

18 Foundation. 

19 (e) AFFILIATIONS.— 

20 (1) CHARTER OR CORPORATE BYLAWS.—Nothing in this section re21 quires— 

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

23 current practices or to affiliate with the National Park Founda24 tion; or 

25 (B) a local nonprofit support organization, established as a re26 sult of this section, to be bound through its charter or corporate 

27 bylaws to be permanently affiliated with the National Park Foun28 dation. 

29 (2) ESTABLISHMENT.—An affiliation with the National Park Foun30 dation shall be established only at the discretion of the governing board 

31 of a nonprofit organization. 

32 CHAPTER 1013—EMPLOYEES 

Subchapter I—General Provisions 

Sec. 

1013.01. Authority of Secretary to carry out certain activities. 

1013.02. Medical attention for employees. 

1013.03. Personal equipment and property. 

1013.04. Travel expenses of System employees and dependents of deceased employees. 

1013.05. Uniform allowance. 

Subchapter II—Housing Improvement 

1013.11. Purposes. 

1013.12. Definitions. 

1013.13. General authority of Secretary. 

1013.14. Criteria for providing housing. 

1013.15. Authorization for housing agreements. 

1013.16. Housing programs. 


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1013.17. Contracts for the management of field employee quarters. 

1013.18. Leasing of seasonal employee quarters. 

1013.19. General leasing provisions. 

1013.20. Assessment and priority listing. 

1013.21. Use of funds. 

1 Subchapter I—General Provisions 

2 § 1013.01. Authority of Secretary to carry out certain activi3 ties 

4 To facilitate the administration of the System, the Secretary, under such 

5 terms and conditions as the Secretary may consider advisable, may carry 

6 out the following activities: 

7 (1) TRANSPORTATION.— 

8 (A) IN GENERAL.—The Secretary may provide transportation of 

9 employees located at an isolated area of the System and to mem10 bers of their families, if— 

11 (i) the area is not adequately served by commercial trans12 portation; and 

13 (ii) the transportation is incidental to official transpor14 tation services. 

15 (B) EMPLOYEES OF CARLSBAD CAVERNS NATIONAL PARK.— 

16 (i) IN GENERAL.—The Secretary may provide transpor17 tation to and from work, outside regular working hours, of 

18 employees of Carlsbad Caverns National Park, residing in or 

19 near Carlsbad, New Mexico. The transportation shall be be20 tween the park and the city, or intervening points, at reason21 able rates to be determined by the Secretary, taking into con22 sideration, among other factors, comparable rates charged by 

23 transportation companies in the locality for similar services. 

24 (ii) AMOUNTS COLLECTED TO BE CREDITED TO CURRENT

25 APPROPRIATION.—Amounts collected for the transportation 

26 shall be credited to the appropriation current at the time pay27 ment is received. 

28 (iii) WHEN TRANSPORTATION MAY NOT BE OFFERED—If 

29 adequate transportation facilities are available, or shall be 

30 available by any common carrier, at reasonable rates, the fa31 cilities contemplated by clause (i) shall not be offered. 

32 (2) RECREATION FACILITIES, EQUIPMENT, AND SERVICES.—The 

33 Secretary may provide recreation facilities, equipment, and services for 

34 use by employees and their families located at an isolated area of the 

35 System. 

36 (3) FIELD AND SPECIAL PURPOSE EQUIPMENT.—The Secretary may 

37 purchase field and special purpose equipment required by employees for 


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1 the performance of assigned functions. The purchased equipment shall 

2 be regarded and listed as System equipment. 

3 (4) MEALS AND LODGING.—The Secretary may provide meals and 

4 lodging, as the Secretary considers appropriate, for members of the 

5 United States Park Police and other employees of the Service, as the 

6 Secretary may designate, serving temporarily on extended special duty 

7 in System units. For this purpose the Secretary may use funds appro8 priated for the expenses of the Department of the Interior. 

9 § 1013.02. Medical attention for employees 

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

11 may contract for medical attention and service for employees and to make 

12 necessary payroll deductions agreed to by the employees for that medical at13 tention and service. 

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

15 may provide, out of amounts appropriated for the general expense of the 

16 System units, medical attention for employees of the Service located at iso17 lated situations, including— 

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

19 assistance is available; and 

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

21 the nearest place where they can be prepared for shipment or for bur22 ial. 

23 § 1013.03. Personal equipment and property 

24 (a) PURHASE OF PERSONAL EQUIPMENT AND SUPPLIES.—The Secretary 

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

26 and make deductions for the equipment and supplies from amounts appro27 priated for salary payments or otherwise due the employees. 

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

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

30 of horses, vehicles, and other equipment lost, damaged, or destroyed while 

31 in the custody of the employee or the Department of the Interior, under 

32 authorization, contract, or loan, for necessary firefighting, trail, or other of33 ficial business. Reimbursement shall be made from any available funds in 

34 the appropriation to which the hire of the equipment would be properly 

35 chargeable. 

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

37 The Secretary may— 

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

39 and other vehicles, and miscellaneous equipment necessary for the per40 formance of their official work; and 


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1 (2) provide, at Federal Government expense, forage, care, and hous2 ing for animals, and housing or storage and fuel for vehicles and other 

3 equipment required to be furnished. 

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

5 under regulations the Secretary may prescribe, may authorize the hire, rent6 al, or purchase of property from employees of the Service whenever it would 

7 promote the public interest to do so. 

8 § 1013.04. Travel expenses of System employees and depend9 ents of deceased employees 

10 In the administration of the System, the Secretary may, under regula11 tions the Secretary may prescribe, pay the travel expenses (including the 

12 costs of packing, crating, and transporting (including draying) personal 

13 property) of— 

14 (1) employees, on permanent change of station of the employees; and 

15 (2) dependents of deceased employees— 

16 (A) to the nearest housing reasonably available that is of a 

17 standard not less than that which is vacated, including compensa18 tion for not to exceed 60 days rental cost, in the case of an em19 ployee who occupied Federal Government housing and whose death 

20 requires the housing to be promptly vacated; and 

21 (B) to the nearest port of entry in the conterminous 48 States 

22 in the case of an employee whose last permanent station was out23 side the conterminous 48 States. 

24 § 1013.05. Uniform allowance 

25 Notwithstanding section 5901(a) of title 5, the uniform allowance for uni26 formed employees of the Service may be up to $400 annually. 

27 Subchapter II—Housing Improvement 

28 § 1013.11. Purposes 

29 The purposes of this subchapter are— 

30 (1) to develop where necessary an adequate supply of quality housing 

31 units for field employees of the Service within a reasonable timeframe; 

32 (2) to expand the alternatives available for construction and repair 

33 of essential Federal Government housing; 

34 (3) to rely on the private sector to finance or supply housing in car35 rying out this subchapter, to the maximum extent possible, to reduce 

36 the need for Federal appropriations; 

37 (4) to ensure that adequate funds are available to provide for long38 term maintenance needs of field employee housing; and 

39 (5) to eliminate unnecessary Federal Government housing and locate 

40 such housing as is required in a manner so that primary resource val41 ues are not impaired. 


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1 § 1013.12. Definitions 

2 In this subchapter: 

3 (1) FIELD EMPLOYEE.—The term ‘‘field employee’’ means— 

4 (A) an employee of the Service who is exclusively assigned by 

5 the Service to perform duties at a field unit, and the members of 

6 the employee’s family; and 

7 (B) any other individual who is authorized to occupy Federal 

8 Government quarters under section 5911 of title 5, and for whom 

9 there is no feasible alternative to the provision of Federal Govern10 ment housing, and the members of the individual’s family. 

11 (2) PRIMARY RESOURCE VALUES.—The term ‘‘primary resource val12 ues’’ means resources that are specifically mentioned in the enabling 

13 legislation for that field unit or other resource value recognized under 

14 Federal statute. 

15 (3) QUARTERS.—The term ‘‘quarters’’ means quarters owned or 

16 leased by the Federal Government. 

17 (4) SEASONAL QUARTERS.—The term ‘‘seasonal quarters’’ means 

18 quarters typically occupied by field employees who are hired on assign19 ments of 6 months or less. 

20 § 1013.13. General authority of Secretary 

21 (a) RENTAL HOUSING.—To enhance the ability of the Secretary to effec22 tively manage System units, the Secretary may where necessary and justi23 fied— 

24 (1) make available employee housing, on or off land under the ad25 ministrative jurisdiction of the Service; and 

26 (2) rent that housing to field employees at rates based on the reason27 able value of the housing in accordance with requirements applicable 

28 under section 5911 of title 5. 

29 (b) JOINT DEVELOPMENT AUTHORITY.—The Secretary may use authori30 ties granted by statute in combination with one another in the furtherance 

31 of providing where necessary and justified affordable field employee housing. 

32 (c) CONSTRUCTION LIMITATIONS ON FEDERAL LAND.—The Secretary 

33 may not utilize any land for the purposes of providing field employee hous34 ing under this subchapter that will affect a primary resource value of the 

35 area or adversely affect the mission of the Service. 

36 (d) RENTAL RATES.—To the extent practicable, the Secretary shall estab37 lish rental rates for all quarters occupied by field employees of the Service 

38 that are based on the reasonable value of the quarters in accordance with 

39 requirements applicable under section 5911 of title 5. 


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1 § 1013.14. 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 re4 spect the circumstances under which the Service requires an employee to oc5 cupy Federal Government quarters, so as to provide necessary services or 

6 protect Federal Government property or because of a lack of availability of 

7 non-Federal housing in a geographic area. 

8 § 1013.15. 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, 

11 enter into housing agreements with housing entities under which the hous12 ing entities may develop, construct, rehabilitate, or manage housing, located 

13 on or off public land, for rent to Service employees who meet the housing 

14 eligibility criteria developed by the Secretary pursuant to this subchapter. 

15 § 1013.16. Housing programs 

16 (a) JOINT PUBLIC-PRIVATE SECTOR HOUSING PROGRAM.— 

17 (1) LEASE-TO-BUILD PROGRAM.—Subject to the appropriation of 

18 necessary 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 

21 exceed 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) 

25 shall be awarded through the use of publicly advertised, competitively 

26 bid, or 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 

38 quarters, conditions on maintenance and repairs, and agreements 

39 on the provision of charges for utilities and other infrastructure; 

40 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 

5 may make payments, subject to appropriations, or contributions in 

6 kind, in advance or on a continuing basis, to reduce the costs of plan7 ning, construction, or rehabilitation of quarters on or off Federal land 

8 under a lease under this subsection. 

9 (b) RENTAL GUARANTEE PROGRAM.— 

10 (1) GENERAL AUTHORITY.—Subject to the appropriation of nec11 essary funds in advance, the Secretary may enter into a lease-to-build 

12 arrangement as set forth in subsection (a) with further agreement to 

13 guarantee the occupancy of field employee quarters constructed or re14 habilitated under the lease. A guarantee made under this paragraph 

15 shall be in 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 

25 guarantees shall not be in excess of $3,000,000. 

26 (3) AGREEMENT TO RENT TO FEDERAL GOVERNMENT EMPLOY27 EES.—A guarantee may be made under this subsection only if the les28 see agrees to permit the Secretary to utilize for housing purposes any 

29 units for which the guarantee is made. 

30 (4) OPERATION AND MAINTENANCE.—A lease shall be void if the les31 see fails to maintain a satisfactory level of operation and maintenance. 

32 § 1013.17. 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 

37 and conditions that the Secretary considers necessary or appropriate to pro38 tect the interests of the United States and ensure that necessary quarters 

39 are available to field employees. 


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1 § 1013.18. 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 Sec4 retary finds that there is a shortage of adequate and affordable seasonal 

5 quarters at 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 

9 seasonal field employee quarters. 

10 (b) RENT.—The rent charged to field employees under the lease shall be 

11 a rate based on the reasonable value of the quarters in accordance with re12 quirements applicable under section 5911 of title 5. 

13 (c) UNRECOVERED COSTS.—The Secretary may pay the unrecovered 

14 costs of leasing seasonal quarters under this section from annual appropria15 tions for the year in which the lease is made. 

16 § 1013.19. General leasing provisions 

17 (a) EXEMPTION FROM LEASING REQUIREMENTS.—Section 1033.01 of 

18 this title and section 1302 of title 40 shall not apply to leases issued by 

19 the Secretary under this section. 

20 (b) PROCEEDS FROM LEASES.—The proceeds from any lease under sec21 tion 1013.16(a)(1) of this title and any lease under section 1013.18 of this 

22 title shall be retained by the Service and deposited in the special fund estab23 lished for maintenance and operation of quarters. 

24 § 1013.20. Assessment and priority listing 

25 The Secretary shall— 

26 (1) complete a condition assessment for all field employee housing, 

27 including the physical condition of the housing and the necessity and 

28 suitability of the housing for carrying out the mission of the Service, 

29 using 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 § 1013.21. Use of funds 

34 (a) EXPENDITURE SHALL FOLLOW PRIORITY LISTING.—Expenditure of 

35 any funds authorized and appropriated for new construction, repair, or re36 habilitation of housing under this chapter shall follow the housing priority 

37 listing established by the Secretary under section 1013.20 of this title, in 

38 sequential order, to the maximum extent practicable. 

39 (b) NONCONSTRUCTION FUNDS IN ANNUAL BUDGET SUBMITTAL.—The 

40 President’s proposed budget to Congress shall include identification of nonVerDate Mar 15 2010 20:20 Jun 09, 2011 Jkt 099200 PO 00000 Frm 00033 Fmt 6652 Sfmt 6221 E:\BILLS\H1950.IH H1950

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1 construction funds to be spent for Service housing maintenance and oper2 ations that are in addition to rental receipts collected. 

3 CHAPTER 1015—TRANSPORTATION 

Subchapter I—Airports 

Sec. 

1015.01. Airports in or near System units. 

Subchapter II—Roads and Trails 

1015.11. Roads and trails. 

Subchapter III—Public Transportation Programs for System Units 

1015.21. Findings and purpose. 

1015.22. Transportation service and facility programs. 

1015.23. Transportation projects. 

1015.24. Procedures applicable to transportation plans and projects. 

Subchapter IV—Fees 

1015.31. Fee for use of transportation services. 

4 Subchapter I—Airports 

5 § 1015.01. Airports in or near System units 

6 (a) DEFINITIONS.—In this section, the terms ‘‘airport’’, ‘‘project’’, 

7 ‘‘project costs’’, ‘‘public agency’’, and ‘‘sponsor’’ have the meanings given 

8 the terms in subchapter I of chapter 471 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 

12 protect airports in the continental United States in, or in close prox13 imity to, System units, when the Secretary determines that the airports 

14 are necessary to the proper performance of the functions of the Depart15 ment of the Interior. 

16 (2) INCLUSION IN NATIONAL PLAN.—The Secretary shall not ac17 quire, establish, or construct an airport under this section unless the 

18 airport is included in the national plan of integrated airport systems 

19 formulated by the Secretary of Transportation pursuant to section 

20 47103 of title 49. 

21 (3) OPERATION AND MAINTENANCE MUST ACCORD WITH STANDARDS

22 AND REGULATIONS OF SECRETARY OF TRANSPORTATION.—The oper23 ation and maintenance of airports under this section shall be in accord24 ance with the standards and regulations prescribed by the Secretary of 

25 Transportation. 

26 (c) AUTHORITY OF SECRETARY.— 

27 (1) IN GENERAL.—To carry out this section, the Secretary may— 

28 (A) acquire necessary land and interests in or over land; 

29 (B) contract for the construction, improvement, operation, and 

30 maintenance of airports and incidental facilities; 

31 (C) enter into agreements with other public agencies providing 

32 for the construction, operation, or maintenance of airports by 


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1 those agencies or jointly by the Secretary and those agencies on 

2 mutually satisfactory terms; and 

3 (D) enter into other agreements and take other action with re4 spect to the airports as may be necessary to carry out this section. 

5 (2) CONSENT REQUIRED.—This section does not authorize the Sec6 retary to acquire any land, or interest in or over land, by purchase, 

7 condemnation, grant, or lease, without first obtaining the consent of 

8 the Governor of the State, and the consent of the State political sub9 division, in which the land is located. 

10 (d) AUTHORIZATION TO SPONSOR AIRPORT PROJECTS.—To carry out 

11 this section, the Secretary may— 

12 (1) sponsor projects under subchapter I of chapter 471 of title 49 

13 independently or jointly with other public agencies; and 

14 (2) use, for payment of the sponsor’s share of the project costs of 

15 those projects, any funds that may be— 

16 (A) contributed or otherwise made available to the Secretary for 

17 those purposes; or 

18 (B) appropriated or otherwise specifically authorized for that 

19 purpose. 

20 (e) JURISDICTION OVER AIRPORTS.—All airports under the jurisdiction 

21 of the Secretary, unless otherwise specifically provided by law, shall be oper22 ated as public airports, available for public use on fair and reasonable terms 

23 and without unjust discrimination. 

24 Subchapter II—Roads and Trails 

25 § 1015.11. Roads and trails 

26 (a) CONSTRUCTION.—The Secretary, in the administration of the Service, 

27 may construct, reconstruct, and improve roads and trails, inclusive of nec28 essary bridges, in System units. 

29 (b) APPROACH ROADS.— 

30 (1) DESIGNATION.—When the Secretary determines it to be in the 

31 public interest, the Secretary may designate, as System unit approach 

32 roads and as supplementary parts of the highway systems of any Sys33 tem unit, roads whose primary value is to carry System unit travel and 

34 that lead across land at least 90 percent owned by the Federal Govern35 ment and that will connect the highways within a System unit with a 

36 convenient point on or leading to the National Highway System. 

37 (2) LIMIT ON LENGTH OF APPROACH ROADS.—A designated ap38 proach road shall not exceed— 

39 (A) 60 miles in length between a System unit gateway and a 

40 point on or leading to the nearest convenient National Highway 

41 System road; or 


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1 (B) 30 miles in length if the approach road is on the National 

2 Highway System. 

3 (3) COUNTY LIMIT.—Not to exceed 40 miles of any one approach 

4 road shall be designated in any one county. 

5 (c) CONSTRUCTION AND IMPROVEMENT OF ROADS AND TRAILS WITHIN

6 SYSTEM UNITS.— 

7 (1) AUTHORITY OF SECRETARY.— 

8 (A) IN GENERAL.—The Secretary may construct, reconstruct, 

9 and improve roads and trails within System units. 

10 (B) AUTHORITY NOT LIMITED.—This subsection and sub11 sections (a), (b), and (d) do not limit the authority of the Sec12 retary to construct, reconstruct, improve, and maintain roads and 

13 trails within System units. 

14 (2) SECRETARY OF COMMERCE.—Under agreement with the Sec15 retary, the Secretary of Commerce may carry out any provision of this 

16 subsection. 

17 (3) ALLOCATION.—Not to be exceed $1,500,000 shall be allocated 

18 annually for the construction, reconstruction, and improvement of Sys19 tem unit approach roads. 

20 (d) APPROVAL OF SECRETARY OF AGRICULTURE REQUIRED.—When an 

21 approach road is proposed across or within any national forest, the Sec22 retary shall secure the approval of the Secretary of Agriculture before con23 struction begins. 

24 (e) CONVEYANCE TO STATES OF ROADS LEADING TO CERTAIN HISTOR25 ICAL AREAS.— 

26 (1) DEFINITION.—In this subsection, the term ‘‘State’’ includes 

27 Puerto Rico, Guam, and the Virgin Islands. 

28 (2) AUTHORITY OF SECRETARY.—The Secretary may, subject to con29 ditions as may seem proper to the Secretary, convey by proper quit30 claim deed to any State, county, municipality, or proper agency of a 

31 State, county, or municipality, in which the road is located, all the 

32 right, title, and interest of the United States in and to any Federal 

33 Government owned or controlled road leading to any national cemetery, 

34 national military park, national historical park, national battlefield 

35 park, or national historic site administered by the Service. 

36 (3) NOTIFICATION BY STATE, AGENCY, OR MUNICIPALITY.—Prior to 

37 the delivery of any conveyance under this section, the State, county, 

38 or municipality to which the conveyance is to be made shall notify the 

39 Secretary in writing of its willingness to accept and maintain the roads 

40 included in the conveyance. 


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1 (4) TRANSFER OF JURISDICTION.—On the execution and delivery of 

2 the conveyance, any jurisdiction previously ceded to the United States 

3 by a State over the roads conveyed shall cease and determine and shall 

4 vest and be in the particular State in which the roads are located. 

5 Subchapter III—Public Transportation Programs for System 

6 Units 

7 § 1015.21. Findings and purpose 

8 (a) 1978 FINDINGS.—Congress finds that— 

9 (1) the purpose of the System is to preserve outstanding natural, 

10 scenic, historic, and recreation areas for the enjoyment, education, in11 spiration, and use of all people; 

12 (2) System units have been established near major metropolitan 

13 areas to preserve remaining open space and to provide recreational op14 portunities for urban residents (many of whom do not have access to 

15 personal motor vehicles); and 

16 (3) circumstances that necessarily require people desiring to visit 

17 System units to rely on personal motor vehicles may diminish the nat18 ural and recreational value of the System units by causing traffic con19 gestion and environmental damage, and by requiring the provision of 

20 roads, parking, and other facilities in ever-increasing numbers and den21 sity. 

22 (b) PURPOSE.—The purpose of this subchapter is to make the System 

23 more accessible in a manner consistent with the preservation of System 

24 units and the conservation of energy by encouraging the use of transpor25 tation modes other than personal motor vehicles for access to and within 

26 System units with minimum disruption to nearby communities through au27 thorization of a pilot transportation program. 

28 § 1015.22. Transportation service and facility programs 

29 (a) FORMULATION OF PLANS AND IMPLEMENTATION OF PROJECTS.— 

30 The Secretary may formulate transportation plans and implement transpor31 tation projects where feasible pursuant to those plans for System units. 

32 (b) CONTRACTS, OPERATIONS, AND ACQUISITIONS FOR IMPROVEMENT OF

33 ACCESS TO SYSTEM UNITS.— 

34 (1) AUTHORITY OF SECRETARY.—To carry out subsection (a), the 

35 Secretary may— 

36 (A) contract with public or private agencies or carriers to pro37 vide transportation services, capital equipment, or facilities to im38 prove access to System units; 

39 (B) operate those services directly in the absence of suitable and 

40 adequate agencies or carriers; 


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1 (C) acquire, by purchase, lease, or agreement, capital equipment 

2 for those services; and 

3 (D) where necessary to carry out this subchapter, acquire, by 

4 lease, purchase, donation, exchange, or transfer, land, water, or an 

5 interest in land or water that is situated outside the boundary of 

6 a System unit. 

7 (2) SPECIFIC PROVISIONS RELATED TO PROPERTY ACQUISITION.— 

8 (A) ADMINISTRATION.—The acquired property shall be adminis9 tered as part of the System unit. 

10 (B) ACQUISTION OF LAND OR INTERESTS IN LAND OWNED BY

11 STATE OR POLITICAL SUBDIVISION.—Any land or interests in land 

12 owned by a State or any of its political subdivisions may be ac13 quired only by donation. 

14 (C) ACQUISITION SUBJECT TO STATUTORY LIMITATIONS.—Any 

15 land acquisition shall be subject to any statutory limitations on 

16 methods of acquisition and appropriations as may be specifically 

17 applicable to the area. 

18 (c) APPROPRIATION OF FEES COLLECTED AND DEPOSITED IN PLAN19 NING, DEVELOPMENT, AND OPERATION OF RECREATIONAL FACILITIES AP20 PROPRIATION ACCOUNT.—All fees directly collected by the Service in the op21 eration of the facilities and services authorized by this subchapter shall be 

22 deposited into the Planning, Development, and Operation of Recreation Fa23 cilities appropriation account to be subject to appropriation. 

24 (d) ESTABLISHMENT OF INFORMATION PROGRAMS.—The Secretary shall 

25 establish information programs to inform the public of available System unit 

26 access opportunities and to promote the use of transportation modes other 

27 than personal motor vehicles for access to and travel within the System 

28 units. 

29 (e) UNDERTAKING TRANSPORTATION FACILITIES AND SERVICES.— 

30 Transportation facilities and services provided pursuant to this subchapter 

31 may be undertaken by the Secretary directly or by contract without regard 

32 to any requirement of Federal, State, or local law respecting determinations 

33 of public convenience and necessity or other similar matters. The Secretary 

34 or contractor shall consult with the appropriate State or local public service 

35 commission or other body having authority to issue certificates of conven36 ience and necessity. A contractor shall be subject to applicable requirements 

37 of that body unless the Secretary determines that the requirements would 

38 not be consistent with the purposes and provisions of this subchapter. 

39 (f) CONSTRUCTION OF GRANT OF AUTHORITY RESPECTING OPERATION

40 OF MOTOR VEHICLES EXCEPTED FROM STATUTORY COVERAGE.—No grant 


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1 of authority in this subchapter shall be deemed to expand the exemption of 

2 section 13506(a)(9) of title 49. 

3 § 1015.23. Transportation projects 

4 (a) ASSISTANCE OF HEADS OF OTHER FEDERAL DEPARTMENTS AND

5 AGENCIES IN FORMULATION AND IMPLEMENTATION.—To carry out this 

6 subchapter, the Secretary of Transportation, the Secretary of Housing and 

7 Urban Development, the Secretary of Health and Human Services, the Sec8 retary of Commerce, and the heads of other Federal departments or agen9 cies that the Secretary considers necessary shall assist the Secretary in the 

10 formulation and implementation of transportation projects. 

11 (b) COMPILATION OF STATUTES AND PROGRAMS.—The Secretary shall 

12 maintain a compilation of Federal statutes and programs providing author13 ity for the planning, funding, or operation of transportation projects that 

14 might be utilized by the Secretary to carry out this subchapter. 

15 § 1015.24. Procedures applicable to transportation plans and 

16 projects 

17 (a) DURING FORMULATION OF PLAN.—The Secretary shall, during the 

18 formulation of any transportation plan authorized pursuant to section 

19 1015.22 of this title— 

20 (1) give public notice of intention to formulate the plan by publica21 tion in the Federal Register and in a newspaper or periodical having 

22 general circulation in the vicinity of the affected System unit; and 

23 (2) following the notice, hold a public meeting at a location conven24 ient to the affected System unit. 

25 (b) PRIOR TO IMPLEMENTATION OF PROJECT.—Prior to the implementa26 tion of any project developed pursuant to the transportation plan formulated 

27 pursuant to subsection (a), the Secretary shall— 

28 (1) establish procedures, including public meetings, to give State and 

29 local governments and the public adequate notice and an opportunity 

30 to comment on the proposed transportation project; and 

31 (2) when the proposed project would involve an expenditure in excess 

32 of $100,000 in any fiscal year, submit a detailed report to the Com33 mittee on Energy and Natural Resources of the Senate and the Com34 mittee on Natural Resources of the House of Representatives. 

35 (c) WAITING PERIOD.—When a report on a project is required under sub36 section (b)(2), the Secretary may proceed with the implementation of the 

37 project only after 60 days (not counting days on which the Senate or House 

38 of Representatives has adjourned for more than 3 consecutive days) have 

39 elapsed following submission of the report. 


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1 Subchapter IV—Fees 

2 § 1015.31. Fee for use of transportation services 

3 Notwithstanding any other provision of law, where the Service or an enti4 ty under a service contract, cooperative agreement, or other contractual 

5 agreement with the Service provides transportation to all or a portion of any 

6 System unit, the Secretary may impose a reasonable and appropriate charge 

7 to the public for the use of the transportation services in addition to any 

8 admission fee required to be paid. Collection of the transportation and ad9 mission fees may occur at the transportation staging area or any other rea10 sonably convenient location determined by the Secretary. The Secretary may 

11 enter into agreements, with public or private entities that qualify to the Sec12 retary’s satisfaction, to collect the transportation and admission fee. Trans13 portation fees collected pursuant to this section shall be retained by the Sys14 tem unit at which the transportation fee was collected, and the amount re15 tained shall be expended only for costs associated with the transportation 

16 systems at the System unit where the charge was imposed. 

17 CHAPTER 1017—FINANCIAL AGREEMENTS 

Sec. 

1017.01. Challenge cost-share agreement authority. 

1017.02. Cooperative agreements. 

1017.03. Reimburseable agreements. 

18 § 1017.01. Challenge cost-share agreement authority 

19 (a) DEFINITIONS.—In this section: 

20 (1) CHALLENGE COST-SHARE AGREEMENT.—The term ‘‘challenge 

21 cost-share agreement’’ means any agreement entered into between the 

22 Secretary and any cooperator for the purpose of sharing costs or serv23 ices in carrying out authorized functions and responsibilities of the Sec24 retary with respect to any System unit or System program, any affili25 ated area, or any designated national scenic trail or national historic 

26 trail. 

27 (2) COOPERATOR.—The term ‘‘cooperator’’ means any State or local 

28 government, public or private agency, organization, institution, corpora29 tion, individual, or other entity. 

30 (b) AUTHORITY TO ENTER INTO CHALLENGE COST-SHARE AGREE31 MENTS.—The Secretary may negotiate and enter into challenge cost-share 

32 agreements with cooperators. 

33 (c) SOURCE OF FEDERAL SHARE.—In carrying out challenge cost-share 

34 agreements, the Secretary may provide the Federal funding share from any 

35 funds available to the Service. 

36 § 1017.02. Cooperative agreements 

37 (a) TRANSFER OF SERVICE APPROPRIATED FUNDS.—The Secretary may 

38 enter into cooperative agreements that involve the transfer of Service approVerDate Mar 15 2010 20:20 Jun 09, 2011 Jkt 099200 PO 00000 Frm 00040 Fmt 6652 Sfmt 6221 E:\BILLS\H1950.IH H1950

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1 priated funds to State, local, and tribal governments, other public entities, 

2 educational institutions, and private nonprofit organizations pursuant to 

3 section 6305 of title 31 to carry out public purposes of Service programs. 

4 (b) COOPERATIVE RESEARCH AND TRAINING PROGRAMS.— 

5 (1) IN GENERAL.—To facilitate the administration of the System, 

6 the Secretary, under such terms and conditions as the Secretary may 

7 consider advisable, may— 

8 (A) enter into cooperative agreements with public or private 

9 educational institutions, States, and political subdivisions of States 

10 to develop adequate, coordinated, cooperative research and train11 ing programs concerning the resources of the System; and 

12 (B) pursuant to an agreement, accept from and make available 

13 to the cooperator technical and support staff, financial assistance 

14 for mutually agreed upon research projects, supplies and equip15 ment, facilities, and administrative services relating to cooperative 

16 research units that the Secretary considers appropriate. 

17 (2) EFFECT OF SUBSECTION.—This subsection does not waive any 

18 requirements for research projects that are subject to Federal procure19 ment regulations. 

20 (c) COOPERATIVE MANAGEMENT AGREEMENTS.— 

21 (1) IN GENERAL.—To facilitate the administration of the System, 

22 the Secretary, under such terms and conditions as the Secretary con23 siders advisable, may enter into an agreement with a State or local gov24 ernment agency to provide for the cooperative management of the Fed25 eral and State or local park areas where a System unit is located adja26 cent to or near a State or local park area, and cooperative management 

27 between the Service and a State or local government agency of a por28 tion of either the System unit or State or local park will allow for more 

29 effective and efficient management of the System unit and State or 

30 local park. The Secretary may not transfer administration responsibil31 ities for any System unit under this paragraph. 

32 (2) PROVISION OF GOODS AND SERVICES.—Under a cooperative 

33 management agreement, the Secretary may acquire from and provide 

34 to a State or local government agency goods and services to be used 

35 by the Secretary and the State or local governmental agency in the co36 operative management of land. 

37 (3) ASSIGNMENT OF EMPLOYEE.—An assignment arranged by the 

38 Secretary under section 3372 of title 5 of a Federal, State, or local em39 ployee for work on any Federal, State, or local land or an extension 

40 of the assignment may be for any period of time determined by the 

41 Secretary and the State or local agency to be mutually beneficial. 


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1 (d) COOPERATIVE AGREEMENTS FOR SYSTEM UNIT NATURAL RESOURCE

2 PROTECTION.— 

3 (1) IN GENERAL.—The Secretary may enter into cooperative agree4 ments with State, local, or tribal governments, other Federal agencies, 

5 other public entities, educational institutions, private nonprofit organi6 zations, or participating private landowners for the purpose of pro7 tecting natural resources of System units through collaborative efforts 

8 on land inside and outside the System units. 

9 (2) TERMS AND CONDITIONS.—A cooperative agreement entered into 

10 under paragraph (1) shall provide clear and direct benefits to System 

11 unit natural resources and— 

12 (A) provide for— 

13 (i) the preservation, conservation, and restoration of coastal 

14 and riparian systems, watersheds, and wetlands; 

15 (ii) preventing, controlling, or eradicating invasive exotic 

16 species that are within a System unit or adjacent to a System 

17 unit; or 

18 (iii) restoration of natural resources, including native wild19 life habitat or ecosystems; 

20 (B) include a statement of purpose demonstrating how the 

21 agreement will— 

22 (i) enhance science-based natural resource stewardship at 

23 the System unit; and 

24 (ii) benefit the parties to the agreement; 

25 (C) specify any staff required and technical assistance to be pro26 vided by the Secretary or other parties to the agreement in sup27 port of activities inside and outside the System unit that will— 

28 (i) protect natural resources of the System unit; and 

29 (ii) benefit the parties to the agreement; 

30 (D) identify any materials, supplies, or equipment and any other 

31 resources that will be contributed by the parties to the agreement 

32 or by other Federal agencies; 

33 (E) describe any financial assistance to be provided by the Sec34 retary or the partners to implement the agreement; 

35 (F) ensure that any expenditure by the Secretary pursuant to 

36 the agreement is determined by the Secretary to support the pur37 poses of natural resource stewardship at a System unit; and 

38 (G) include such other terms and conditions as are agreed to 

39 by the Secretary and the other parties to the agreement. 

40 (3) LIMITATIONS.—The Secretary shall not use any funds associated 

41 with an agreement entered into under paragraph (1) for the purposes 


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1 of land acquisition, regulatory activity, or the development, mainte2 nance, or operation of infrastructure, except for ancillary support facili3 ties that the Secretary determines to be necessary for the completion 

4 of projects or activities identified in the agreement. 

5 (4) AUTHORIZATION OF APPROPRIATIONS.—There are authorized to 

6 be appropriated such sums as are necessary to carry out this sub7 section. 

8 § 1017.03. Reimbursable agreements 

9 (a) IN GENERAL.—In carrying out work under reimbursable agreements 

10 with any State, local, or tribal government, the Secretary, without regard 

11 to any provision of law or a regulation— 

12 (1) may record obligations against accounts receivable from those 

13 governments; and 

14 (2) shall credit amounts received from those governments to the ap15 propriate account. 

16 (b) WHEN AMOUNTS SHALL BE CREDITED.—Amounts shall be credited 

17 within 90 days of the date of the original request by the Service for pay18 ment. 

19 CHAPTER 1019—CONCESSIONS 

Subchapter I—Authority of Secretary 

Sec. 

1019.01. Authority of Secretary to carry out certain activities. 

Subchapter II—Concession Management 

1019.11. Definitions. 

1019.12. Findings and declaration of policy. 

1019.13. Award of concession contracts. 

1019.14. Terms of concession contracts. 

1019.15. Protection of concessioner investment. 

1019.16. Reasonableness of rates and charges. 

1019.17. Franchise fees. 

1019.18. Transfer or conveyance of concession contracts or leasehold surrender interests. 

1019.19. National Park Service Concessions Management Advisory Board. 

1019.20. Contracting for services. 

1019.21. Multiple contracts within a System unit. 

1019.22. Special rule for service contract to provide transportation services. 

1019.23. Use of nonmonetary consideration in concession contracts. 

1019.24. Recordkeeping requirements. 

1019.25. Promotion of sale of Indian, Alaska Native, Native Samoan, and Native Hawaiian 

handicrafts. 

1019.26. Commercial use authorizations. 

1019.27. Regulations. 

20 Subchapter I—Authority of Secretary 

21 § 1019.01. Authority of Secretary to carry out certain activi22 ties 

23 To facilitate the administration of the System, the Secretary, under such 

24 terms and conditions as the Secretary considers advisable, may carry out 

25 the following activities: 

26 (1) SALE OF PRODUCTS AND SERVICES PRODUCED IN THE CONDUCT

27 OF LIVING EXHIBITS AND INTERPRETATIVE DEMONSTRATIONS.— 


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1 (A) IN GENERAL.—The Secretary may— 

2 (i) sell at fair market value, without regard to the require3 ments of chapters 1 to 11 of title 40 and division C (except 

4 sections 3302, 3307(e), 3501(b), 3509, 3906, 4710, and 

5 4711) of subtitle I of title 41, products and services produced 

6 in the conduct of living exhibits and interpretive demonstra7 tions in System units; 

8 (ii) enter into contracts (including cooperative arrange9 ments) with respect to those living exhibits and interpretive 

10 demonstrations; and 

11 (iii) subject to subparagraph (B), credit the proceeds from 

12 those sales and contracts to the appropriation bearing the 

13 cost of the exhibits and demonstrations. 

14 (B) GLACIER BAY NATIONAL PARK.— 

15 (i) DEFINITIONS.—In this subparagraph— 

16 (I) CERTAIN PERMITTEE.—The term ‘‘certain per17 mittee’’ means a permittee that provides overnight ac18 commodations for at least 500 passengers for an 

19 itinerary of at least 3 nights. 

20 (II) PERMITTEE.—The term ‘‘permittee’’ means a 

21 concessionaire providing visitor services within Glacier 

22 Bay. 

23 (ii) LIMITATION ON USE OF FEES.—Sixty percent of the 

24 fees paid by permittees for the privilege of entering into Gla25 cier Bay shall be deposited in a special account and shall be 

26 available— 

27 (I) to the extent determined to be necessary, to ac28 quire and pre-position necessary and adequate emergency 

29 response equipment to prevent harm or the threat of 

30 harm to aquatic park resources from permittees; and 

31 (II) to conduct investigations to quantify any effect of 

32 permittees’ activity on wildlife and other natural resource 

33 values of Glacier Bay National Park. 

34 (iii) PURPOSE OF INVESTIGATIONS.—The investigations 

35 provided for in this subparagraph shall be designed to provide 

36 information of value to the Secretary in determining any ap37 propriate limitations on permittees’ activity in Glacier Bay. 

38 (iv) NO ADDITIONAL CONDITIONS TO BE IMPOSED.—The 

39 Secretary may not impose any additional permittee operating 

40 conditions in the areas of air, water, and oil pollution beyond 

41 those determined and enforced by other appropriate agencies. 


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1 (v) ACCOUNTING FOR IMPACT OF PERMITTEES ON PARK

2 VALUES AND RESOURCES.—When competitively awarding per3 mits to enter Glacier Bay, the Secretary may take into ac4 count the relative impact particular permittees will have on 

5 park values and resources, provided that no operating condi6 tions or limitations relating to noise abatement shall be im7 posed unless the Secretary determines, based on the weight 

8 of the evidence from all available studies including verifiable 

9 scientific information from the investigations provided for in 

10 this paragraph, that the limitations or conditions are nec11 essary to protect park values and resources. 

12 (vi) LIMIT ON AMOUNT OF FEE.—Fees paid by certain per13 mittees for the privilege of entering into Glacier Bay shall not 

14 exceed $5 per passenger. 

15 (vii) ADDITIONAL CATEGORIES OF PERMITS OR NUMBER OF

16 PERMITS NOT AUTHORIZED.—This subparagraph does not au17 thorize the Secretary to require additional categories of per18 mits in, or otherwise increase the number of permits to enter, 

19 Glacier Bay National Park. 

20 (2) UTILITY SERVICES FOR CONCESSIONERS.—The Secretary may 

21 furnish, on a reimbursement of appropriation basis, all types of utility 

22 services to concessioners, contractors, permittees, or other users of the 

23 services, within the System. The reimbursements for cost of the serv24 ices may be credited to the appropriation current at the time reim25 bursements are received. 

26 Subchapter II—Concession Management 

27 § 1019.11. Definitions 

28 In this subchapter: 

29 (1) ADVISORY BOARD.—The term ‘‘Advisory Board’’ means the Na30 tional Park Service Concessions Management Advisory Board estab31 lished under section 1019.19 of this title. 

32 (2) PREFERENTIAL RIGHT OF RENEWAL.—The term ‘‘preferential 

33 right of renewal’’ means the right of a concessioner, subject to a deter34 mination by the Secretary that the facilities or services authorized by 

35 a prior contract continue to be necessary and appropriate within the 

36 meaning of section 1019.12 of this title, to match the terms and condi37 tions of any competing proposal that the Secretary determines to be 

38 the best proposal for a proposed new concession contract that author39 izes the continuation of the facilities and services provided by the con40 cessioner under its prior contract. 


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1 § 1019.12. Findings and declaration of policy 

2 (a) FINDINGS.—In furtherance of section 1003.01(b), Congress finds that 

3 the preservation and conservation of System unit resources and values re4 quires that public accommodations, facilities, and services that have to be 

5 provided within those System units should be provided only under carefully 

6 controlled 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 de13 velopment of public accommodations, facilities, and services in System units 

14 shall be limited to accommodations, facilities, and services that— 

15 (1) are necessary and appropriate for public use and enjoyment of 

16 the System unit in which they are located; and 

17 (2) are consistent to the highest practicable degree with the preser18 vation and conservation of the resources and values of the System unit. 

19 § 1019.13. Award of concession contracts 

20 In furtherance of the findings and policy stated in section 1019.12 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, 

23 corporation, or other entity to provide accommodations, facilities, and serv24 ices to visitors to System units. Concession contracts shall be awarded as 

25 follows: 

26 (1) COMPETITIVE SELECTION PROCESS.—Except as otherwise pro27 vided in this section, all proposed concession contracts shall be awarded 

28 by the Secretary to the person, corporation, or other entity submitting 

29 the best proposal, as determined by the Secretary through a competi30 tive selection process. The competitive process shall include simplified 

31 procedures for small, individually-owned concession contractors. 

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 inter2 ested persons. 

3 (3) INFORMATION TO BE INCLUDED IN PROSPECTUS.—The pro4 spectus 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 con8 tract relating to the services and facilities to be provided, including 

9 all fees and other forms of compensation provided to the United 

10 States 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 

14 the 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 

19 factor identified in the prospectus and the relative importance of 

20 those 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 Sec24 retary determines is necessary to allow for the submission of com25 petitive proposals. 

26 (H) Where applicable, a description of a preferential right to 

27 the renewal of the proposed concession contract held by an exist28 ing concessioner as set forth in paragraph (7). 

29 (4) CONSIDERATION OF PROPOSALS.— 

30 (A) MINIMUM REQUIREMENTS.—No proposal shall be consid31 ered that fails to meet the minimum requirements as determined 

32 by the Secretary. The minimum requirements shall include the fol33 lowing: 

34 (i) The minimum acceptable franchise fee or other forms 

35 of consideration to the Federal Government. 

36 (ii) Any facilities, services, or capital investment required 

37 to be provided by the concessioner. 

38 (iii) Measures necessary to ensure the protection, conserva39 tion, and preservation of resources of the System unit. 


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1 (B) REJECTION OF PROPOSAL.—The Secretary shall reject any 

2 proposal, regardless of the franchise fee offered, if the Secretary 

3 determines that— 

4 (i) the person, corporation, or entity is not qualified or is 

5 not likely to provide satisfactory service; or 

6 (ii) the proposal is not responsive to the objectives of pro7 tecting and preserving resources of the System unit and of 

8 providing necessary and appropriate facilities and services to 

9 the public at reasonable rates. 

10 (C) ALL PROPOSALS FAIL TO MEET MIMIMUM REQUIREMENTS

11 OR ARE REJECTED.—If all proposals submitted to the Secretary 

12 fail to meet the minimum requirements or are rejected by the Sec13 retary, the Secretary shall establish new minimum contract re14 quirements and re-initiate the competitive selection process pursu15 ant to this section. 

16 (D) TERMS AND CONDITIONS MATERIALLY AMENDED OR NOT

17 INCORPORATED IN CONTRACT.—The Secretary may not execute a 

18 concession contract that materially amends or does not incorporate 

19 the proposed terms and conditions of the concession contract as 

20 set forth in the applicable prospectus. If proposed material amend21 ments or changes are considered appropriate by the Secretary, the 

22 Secretary shall resolicit offers for the concession contract incor23 porating the material amendments or changes. 

24 (5) SELECTION OF THE BEST PROPOSAL.— 

25 (A) FACTORS IN SELECTION.—In selecting the best proposal, 

26 the Secretary shall consider the following principal factors: 

27 (i) The responsiveness of the proposal to the objectives of 

28 protecting, conserving, and preserving resources of the Sys29 tem unit and of providing necessary and appropriate facilities 

30 and services to the public at reasonable rates. 

31 (ii) The experience and related background of the person, 

32 corporation, or entity submitting the proposal, including the 

33 past performance and expertise of the person, corporation or 

34 entity in providing the same or similar facilities or services. 

35 (iii) The financial capability of the person, corporation, or 

36 entity submitting the proposal. 

37 (iv) The proposed franchise fee, except that consideration 

38 of revenue to the United States shall be subordinate to the 

39 objectives of protecting, conserving, and preserving resources 

40 of the System unit and of providing necessary and appro41 priate facilities to the public at reasonable rates. 


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1 (B) SECONDARY FACTORS.—The Secretary may also consider 

2 such secondary factors as the Secretary considers appropriate. 

3 (C) DEVELOPMENT OF REGULATIONS.—In developing regula4 tions to implement this subchapter, the Secretary shall consider 

5 the extent to which plans for employment of Indians (including 

6 Native Alaskans) and involvement of businesses owned by Indians, 

7 Indian tribes, or Native Alaskans in the operation of a concession 

8 contract should be identified as a factor in the selection of a best 

9 proposal under this section. 

10 (6) CONGRESSIONAL NOTIFICATION.— 

11 (A) IN GENERAL.—The Secretary shall submit any proposed 

12 concession contract with anticipated annual gross receipts in ex13 cess of $5,000,000 or a duration of more than 10 years to the 

14 Committee on Natural Resources of the House of Representatives 

15 and the Committee on Energy and Natural Resources of the Sen16 ate. 

17 (B) WAITING PERIOD.—The Secretary shall not award any pro18 posed concession contract to which subparagraph (A) applies until 

19 at least 60 days subsequent to the notification of both Commit20 tees. 

21 (7) PREFERENTIAL RIGHT OF RENEWAL.— 

22 (A) IN GENERAL.—Except as provided in subparagraph (B), the 

23 Secretary shall not grant a concessioner a preferential right to 

24 renew a concession contract, or any other form of preference to 

25 a concession contract. 

26 (B) EXCEPTION.—The Secretary shall grant a preferential right 

27 of renewal to an existing concessioner with respect to proposed re28 newals of the categories of concession contracts described by para29 graph (8), subject to the requirements of that paragraph. 

30 (C) ENTITLEMENT TO AWARD OF NEW CONTRACT.—A conces31 sioner that successfully exercises a preferential right of renewal in 

32 accordance with the requirements of this subchapter shall be enti33 tled to award of the proposed new concession contract to which 

34 the preference applies. 

35 (8) OUTFITTER AND GUIDE SERVICES AND SMALL CONTRACTS.— 

36 (A) APPLICATION.—Paragraph (7) shall apply only to the fol37 lowing: 

38 (i) Subject to subparagraph (B), concession contracts that 

39 solely authorize the provision of specialized backcountry out40 door recreation guide services that require the employment of 

41 specially trained and experienced guides to accompany System 


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1 unit visitors in the backcountry so as to provide a safe and 

2 enjoyable experience for visitors who otherwise may not have 

3 the skills and equipment to engage in that activity. 

4 (ii) Subject to subparagraph (C), concession contracts with 

5 anticipated annual gross receipts under $500,000. 

6 (B) OUTFITTING AND GUIDE CONCESSIONERS.— 

7 (i) DESCRIPTION.—Outfitting and guide concessioners, 

8 where otherwise qualified, include concessioners that provide 

9 guided river running, hunting, fishing, horseback, camping, 

10 and mountaineering experiences. 

11 (ii) WHEN ENTITLED TO PREFERENTIAL RIGHT.—An out12 fitting and guide concessioner is entitled to a preferential 

13 right of renewal under this subchapter only if— 

14 (I) the contract with the outfitting and guide conces15 sioner does not grant the concessioner any interest, in16 cluding any leasehold surrender interest or possessory in17 terest, in capital improvements on land owned by the 

18 United States within a System unit, other than a capital 

19 improvement constructed by a concessioner pursuant to 

20 the terms of a concession contract prior to November 13, 

21 1998, or constructed or owned by a concessioner or the 

22 concessioner’s predecessor before the subject land was 

23 incorporated into the System; 

24 (II) the Secretary determines that the concessioner 

25 has operated satisfactorily during the term of the con26 tract (including any extension); and 

27 (III) the concessioner has submitted a responsive pro28 posal for a proposed new concession contract that satis29 fies the minimum requirements established by the Sec30 retary pursuant to paragraph (4). 

31 (C) CONTRACT WITH ESTIMATED GROSS RECEIPTS OF LESS

32 THAN $500,000.—A concessioner that holds a concession contract 

33 that the Secretary estimates will result in gross annual receipts of 

34 less than $500,000 if renewed shall be entitled to a preferential 

35 right of renewal under this subchapter if— 

36 (i) the Secretary has determined that the concessioner has 

37 operated satisfactorily during the term of the contract (in38 cluding any extension); and 

39 (ii) the concessioner has submitted a responsive proposal 

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1 imum requirements established by the Secretary pursuant to 

2 paragraph (4). 

3 (9) NEW OR ADDITIONAL SERVICES.—The Secretary shall not grant 

4 a preferential right to a concessioner to provide new or additional serv5 ices in a System unit. 

6 (10) AUTHORITY OF SECRETARY NOT LIMITED.—Nothing in this 

7 subchapter shall be construed as limiting the authority of the Secretary 

8 to determine whether to issue a concession contract or to establish its 

9 terms and conditions in furtherance of the policies expressed in this 

10 subchapter. 

11 (11) EXCEPTIONS.—Notwithstanding this section, the Secretary may 

12 award, without public solicitation, the following: 

13 (A) TEMPORARY CONTRACT.—To avoid interruption of services 

14 to the public at a System unit, the Secretary may award a tem15 porary concession contract or an extension of an existing conces16 sions contract for a term not to exceed 3 year, except that prior 

17 to making the award, the Secretary shall take all reasonable and 

18 appropriate steps to consider alternatives to avoid the interruption. 

19 (B) CONTRACT IN EXTRAORDINARY CIRCUMSTANCES.—The Sec20 retary may award a concession contract in extraordinary cir21 cumstances where compelling and equitable considerations require 

22 the award of a concession contract to a particular party in the 

23 public interest. Award of a concession contract under this subpara24 graph shall not be made by the Secretary until at least 30 days 

25 after— 

26 (i) publication in the Federal Register of notice of the Sec27 retary’s intention to award the contract and the reasons for 

28 the action; and 

29 (ii) submission of notice to the Committee on Energy and 

30 Natural Resources of the Senate and the Committee on Nat31 ural Resources of the House of Representatives. 

32 § 1019.14. Term of concession contracts 

33 A concession contract entered into pursuant to this subchapter shall gen34 erally be awarded for a term of 10 years or less. The Secretary may award 

35 a contract for a term of up to 20 years if the Secretary determines that 

36 the contract terms and conditions, including the required construction of 

37 capital improvements, warrant a longer term. 

38 § 1019.15. Protection of concessioner investment 

39 (a) DEFINITIONS.—In this section: 

40 (1) CAPITAL IMPROVEMENT.—The term ‘‘capital improvement’’ 

41 means a structure, a fixture, or nonremovable equipment provided by 


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1 a concessioner pursuant to the terms of a concession contract and lo2 cated on land of the United States within a System unit. 

3 (2) CONSUMER PRICE INDEX.—The term ‘‘Consumer Price Index’’ 

4 means— 

5 (A) the ‘‘Consumer Price Index—All Urban Consumers’’ pub6 lished by the Bureau of Labor Statistics of the Department of 

7 Labor; or 

8 (B) if the Index is not published, another regularly published 

9 cost-of-living index approximating the Consumer Price Index. 

10 (b) LEASEHOLD SURRENDER INTEREST IN CAPITAL IMPROVEMENTS.— 

11 A concessioner that constructs a capital improvement on land owned by the 

12 United States within a System unit pursuant to a concession contract shall 

13 have a leasehold surrender interest in the capital improvement subject to 

14 the following terms and conditions: 

15 (1) IN GENERAL.—A concessioner shall have a leasehold surrender 

16 interest in each capital improvement constructed by a concessioner 

17 under a concession contract, consisting solely of a right to compensa18 tion for the capital improvement to the extent of the value of the con19 cessioner’s leasehold surrender interest in the capital improvement. 

20 (2) PLEDGE, TRANSFER, RELINQUISHMENT, AND WAIVER OF INTER21 EST; INTEREST NOT TO BE EXTINGUISHED; WHEN INTEREST MAY BE

22 TAKEN FOR PUBLIC USE.—A leasehold surrender interest— 

23 (A) may be pledged as security for financing of a capital im24 provement or the acquisition of a concession contract when ap25 proved by the Secretary pursuant to this subchapter; 

26 (B) shall be transferred by the concessioner in connection with 

27 any transfer of the concession contract and may be relinquished 

28 or waived by the concessioner; and 

29 (C) shall not be extinguished by the expiration or other termi30 nation of a concession contract and may not be taken for public 

31 use except on payment of just compensation. 

32 (3) VALUE OF INTEREST.—The value of a leasehold surrender inter33 est in a capital improvement shall be an amount equal to the initial 

34 value (construction cost of the capital improvement), increased (or de35 creased) by the same percentage increase (or decrease) as the percent36 age increase (or decrease) in the Consumer Price Index, from the date 

37 of making the investment in the capital improvement by the conces38 sioner to the date of payment of the value of the leasehold surrender 

39 interest, less depreciation of the capital improvement as evidenced by 

40 the condition and prospective serviceability in comparison with a new 

41 unit of like kind. 


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1 (4) VALUE OF INTEREST IN CERTAIN NEW CONCESSION CON2 TRACTS.— 

3 (A) HOW VALUE IS DETERMINED.—The Secretary may provide, 

4 in any new concession contract that the Secretary estimates will 

5 have a leasehold surrender interest of more than $10,000,000, 

6 that the value of any leasehold surrender interest in a capital im7 provement shall be based on— 

8 (i) a reduction on an annual basis, in equal portions, over 

9 the same number of years as the time period associated with 

10 the straight line depreciation of the initial value (construction 

11 cost of the capital improvement), as provided by applicable 

12 Federal income tax laws and regulations in effect on Novem13 ber 12, 1998; or 

14 (ii) an alternative formula that is consistent with the objec15 tives of this subchapter. 

16 (B) WHEN ALTERNATIVE FORMULA MAY BE USED.—The Sec17 retary may use an alternative formula only if the Secretary deter18 mines, after scrutiny of the financial and other circumstances in19 volved in the particular concession contract (including providing 

20 notice in the Federal Register and opportunity for comment), that 

21 the alternative formula is, compared to the standard method of de22 termining value provided for in paragraph (3), necessary to pro23 vide a fair return to the Federal Government and to foster com24 petition for the new contract by providing a reasonable oppor25 tunity to make a profit under the new contract. If no responsive 

26 offers are received in response to a solicitation that includes the 

27 alternative formula, the concession opportunity shall be resolicited 

28 with the leasehold surrender interest value as described in para29 graph (3). 

30 (5) INCREASE IN VALUE OF INTEREST.—Where a concessioner, pur31 suant to the terms of a concession contract, makes a capital improve32 ment to an existing capital improvement in which the concessioner has 

33 a leasehold surrender interest, the cost of the additional capital im34 provement shall be added to the then-current value of the conces35 sioner’s leasehold surrender interest. 

36 (c) SPECIAL RULE FOR POSSESSORY INTEREST EXISTING BEFORE NO37 VEMBER 13, 1998.— 

38 (1) IN GENERAL.—A concessioner that has obtained a possessory in39 terest (as defined pursuant to the Act of October 9, 1965 (known as 

40 the National Park Service Concessions Policy Act; Public Law 89–249, 

41 79 Stat. 969), as in effect on November 12, 1998) under the terms 


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1 of a concession contract entered into before November 13, 1998, shall, 

2 on the expiration or termination of the concession contract, be entitled 

3 to receive compensation for the possessory interest improvements in the 

4 amount and manner as described by the concession contract. Where 

5 that possessory interest is not described in the existing concession con6 tract, compensation of possessory interest shall be determined in ac7 cordance with the laws in effect on November 12, 1998. 

8 (2) EXISTING CONCESSIONER AWARDED A NEW CONTRACT.—A con9 cessioner awarded a new concession contract to replace an existing con10 cession contract after November 13, 1998, instead of directly receiving 

11 the possessory interest compensation, shall have a leasehold surrender 

12 interest in its existing possessory interest improvements under the 

13 terms of the new concession contract and shall carry over as the initial 

14 value of the leasehold surrender interest (instead of construction cost) 

15 an amount equal to the value of the existing possessory interest as of 

16 the termination date of the previous concession contract. In the event 

17 of a dispute between the concessioner and the Secretary as to the value 

18 of the possessory interest, the matter shall be resolved through binding 

19 arbitration. 

20 (3) NEW CONCESSIONER AWARDED A CONTRACT.—A new conces21 sioner awarded a concession contract and required to pay a prior con22 cessioner for possessory interest in prior improvements shall have a 

23 leasehold surrender interest in the prior improvements. The initial 

24 value in the leasehold surrender interest (instead of construction cost) 

25 shall be an amount equal to the value of the existing possessory inter26 est as of the termination date of the previous concession contract. 

27 (d) TRANSITION TO SUCCESSOR CONCESSIONER.—On expiration or ter28 mination of a concession contract entered into after November 13, 1998, a 

29 concessioner shall be entitled under the terms of the concession contract to 

30 receive from the United States or a successor concessioner the value of any 

31 leasehold surrender interest in a capital improvement as of the date of the 

32 expiration or termination. A successor concessioner shall have a leasehold 

33 surrender interest in the capital improvement under the terms of a new con34 cession contract and the initial value of the leasehold surrender interest in 

35 the capital improvement (instead of construction cost) shall be the amount 

36 of money the new concessioner is required to pay the prior concessioner for 

37 its leasehold surrender interest under the terms of the prior concession con38 tract. 

39 (e) TITLE TO IMPROVEMENTS.—Title to any capital improvement con40 structed by a concessioner on land owned by the United States in a System 

41 unit shall be vested in the United States. 


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1 § 1019.16. Reasonableness of rates and charges 

2 (a) IN GENERAL.—Each concession contract shall permit the concessioner 

3 to set reasonable and appropriate rates and charges for facilities, goods, and 

4 services provided to the public, subject to approval under subsection (b). 

5 (b) APPROVAL BY SECRETARY REQUIRED.— 

6 (1) FACTORS TO CONSIDER.—A concessioner’s rates and charges to 

7 the public shall be subject to approval by the Secretary. The approval 

8 process utilized by the Secretary shall be as prompt and as 

9 unburdensome to the concessioner as possible and shall rely on market 

10 forces to establish reasonableness of rates and charges to the maximum 

11 extent practicable. The Secretary shall approve rates and charges that 

12 the Secretary determines to be reasonable and appropriate. Unless oth13 erwise provided in the concession contract, the reasonableness and ap14 propriateness of rates and charges shall be determined primarily by 

15 comparison with those rates and charges for facilities, goods, and serv16 ices of comparable character under similar conditions, with due consid17 eration to the following factors and other factors deemed relevant by 

18 the Secretary: 

19 (A) Length of season. 

20 (B) Peakloads. 

21 (C) Average percentage of occupancy. 

22 (D) Accessibility. 

23 (E) Availability and costs of labor and materials. 

24 (F) Type of patronage. 

25 (2) RATES AND CHARGES NOT TO EXCEED MARKET RATES AND

26 CHARGES.—Rates and charges may not exceed the market rates and 

27 charges for comparable facilities, goods, and services, after taking into 

28 account the factors referred to in paragraph (1). 

29 (c) IMPLEMENTATION OF RECOMMENDATIONS.—Not later than 6 months 

30 after receiving recommendations from the Advisory Board regarding conces31 sioner rates and charges to the public, the Secretary shall implement the 

32 recommendations or report to Congress the reasons for not implementing 

33 the recommendations. 

34 § 1019.17. Franchise fees 

35 (a) IN GENERAL.—A concession contract shall provide for payment to the 

36 Federal Government of a franchise fee or other monetary consideration as 

37 determined by the Secretary, on consideration of the probable value to the 

38 concessioner of the privileges granted by the particular contract involved. 

39 Probable value shall be based on a reasonable opportunity for net profit in 

40 relation to capital invested and the obligations of the concession contract. 

41 Consideration of revenue to the United States shall be subordinate to the 


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1 objectives of protecting and preserving System units and of providing nec2 essary and appropriate services for visitors at reasonable rates. 

3 (b) PROVISIONS TO BE SPECIFIED IN CONTRACT.—The amount of the 

4 franchise fee or other monetary consideration paid to the United States for 

5 the term of the concession contract shall be specified in the concession con6 tract and may be modified only to reflect extraordinary unanticipated 

7 changes from the conditions anticipated as of the effective date of the con8 cession contract. The Secretary shall include in concession contracts with a 

9 term of more than 5 years a provision that allows reconsideration of the 

10 franchise fee at the request of the Secretary or the concessioner in the event 

11 of extraordinary unanticipated changes. The provision shall provide for 

12 binding arbitration in the event that the Secretary and the concessioner are 

13 unable to agree on an adjustment to the franchise fee in those cir14 cumstances. 

15 (c) SPECIAL ACCOUNT IN TREASURY.— 

16 (1) DEPOSIT AND AVAILABILITY.—All franchise fees (and other mon17 etary consideration) paid to the United States pursuant to concession 

18 contracts shall be deposited in a special account established in the 

19 Treasury. Twenty percent of the funds deposited in the special account 

20 shall be available for expenditure by the Secretary, without further ap21 propriation, to support activities throughout the System regardless of 

22 the System unit in which the funds were collected. The funds deposited 

23 in the special account shall remain available until expended. 

24 (2) SUBACCOUNT FOR EACH SYSTEM UNIT.—There shall be estab25 lished within the special account a subaccount for each System unit. 

26 Each subaccount shall be credited with 80 percent of the franchise fees 

27 (and other monetary consideration) collected at a single System unit 

28 under concession contracts. The funds credited to the subaccount for 

29 a System unit shall be available for expenditure by the Secretary, with30 out further appropriation, for use at the System unit for visitor services 

31 and for purposes of funding high-priority and urgently necessary re32 source management programs and operations. The funds credited to a 

33 subaccount shall remain available until expended. 

34 § 1019.18. Transfer or conveyance of concession contracts or 

35 leasehold surrender interests 

36 (a) APPROVAL OF SECRETARY.—No concession contract or leasehold sur37 render interest may be transferred, assigned, sold, or otherwise conveyed or 

38 pledged by a concessioner without prior written notification to, and approval 

39 by, the Secretary. 

40 (b) CONDITIONS.—The Secretary shall approve a transfer or conveyance 

41 described in subsection (a) unless the Secretary finds that— 


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1 (1) the individual, corporation, or other entity seeking to acquire a 

2 concession contract is not qualified or able to satisfy the terms and 

3 conditions of the concession contract; 

4 (2) the transfer or conveyance would have an adverse impact on— 

5 (A) the protection, conservation, or preservation of the resources 

6 of the System unit; or 

7 (B) the provision of necessary and appropriate facilities and 

8 services to visitors at reasonable rates and charges; and 

9 (3) the terms of the transfer or conveyance are likely, directly or in10 directly, to— 

11 (A) reduce the concessioner’s opportunity for a reasonable profit 

12 over the remaining term of the concession contract; 

13 (B) adversely affect the quality of facilities and services pro14 vided by the concessioner; or 

15 (C) result in a need for increased rates and charges to the pub16 lic to maintain the quality of the facilities and services. 

17 (c) MODIFICATION OR RENEGOTIATION OF TERMS.—The terms and con18 ditions of any concession contract under this section shall not be subject to 

19 modification or open to renegotiation by the Secretary because of a transfer 

20 or conveyance described in subsection (a) unless the transfer or conveyance 

21 would have an adverse impact as described in subsection (b)(2). 

22 § 1019.19. National Park Service Concessions Management 

23 Advisory Board 

24 (a) ESTABLISHMENT AND PURPOSE.—There is a National Park Service 

25 Concessions Management Advisory Board whose purpose shall be to advise 

26 the Secretary and Service on matters relating to management of concessions 

27 in the System. 

28 (b) DUTIES.— 

29 (1) ADVICE.—The Advisory Board shall advise on each of the fol30 lowing: 

31 (A) Policies and procedures intended to ensure that services and 

32 facilities provided by concessioners— 

33 (i) are necessary and appropriate; 

34 (ii) meet acceptable standards at reasonable rates with a 

35 minimum of impact on park resources and values; and 

36 (iii) provide the concessioners with a reasonable oppor37 tunity to make a profit. 

38 (B) Ways to make Service concession programs and procedures 

39 more cost effective, more process efficient, less burdensome, and 

40 timelier. 


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1 (2) RECOMMENDATIONS.—The Advisory Board shall make rec2 ommendations to the Secretary regarding each of the following: 

3 (A) The Service contracting with the private sector to conduct 

4 appropriate elements of concession management. 

5 (B) Ways to make the review or approval of concessioner rates 

6 and charges to the public more efficient, less burdensome, and 

7 timelier. 

8 (C) The nature and scope of products that qualify as Indian, 

9 Alaska Native, and Native Hawaiian handicrafts within the mean10 ing of this subchapter. 

11 (D) The allocation of concession fees. 

12 (3) ANNUAL REPORT.—The Advisory Board shall provide an annual 

13 report on its activities to the Committee on Natural Resources of the 

14 House of Representatives and the Committee on Energy and Natural 

15 Resources of the Senate. 

16 (c) ADVISORY BOARD MEMBERSHIP.—Members of the Advisory Board 

17 shall be appointed on a staggered basis by the Secretary for a term not to 

18 exceed 4 years and shall serve at the pleasure of the Secretary. The Advi19 sory Board shall be comprised of not more than 7 individuals appointed 

20 from among citizens of the United States not in the employment of the Fed21 eral Government and not in the employment of or having an interest in a 

22 Service concession. Of the 7 members of the Advisory Board— 

23 (1) one member shall be privately employed in the hospitality indus24 try and have both broad knowledge of hotel or food service manage25 ment and experience in the parks and recreation concession business; 

26 (2) one member shall be privately employed in the tourism industry; 

27 (3) one member shall be privately employed in the accounting indus28 try; 

29 (4) one member shall be privately employed in the outfitting and 

30 guide industry; 

31 (5) one member shall be a State government employee with expertise 

32 in park concession management; 

33 (6) one member shall be active in promotion of traditional arts and 

34 crafts; and 

35 (7) one member shall be active in a nonprofit conservation organiza36 tion involved in parks and recreation programs. 

37 (d) SERVICE ON ADVISORY BOARD.—Service of an individual as a mem38 ber of the Advisory Board shall not be deemed to be service or employment 

39 bringing the individual within the provisions of any Federal law relating to 

40 conflicts of interest or otherwise imposing restrictions, requirements, or pen41 alties in relation to the employment of individuals, the performance of servVerDate Mar 15 2010 20:20 Jun 09, 2011 Jkt 099200 PO 00000 Frm 00058 Fmt 6652 Sfmt 6221 E:\BILLS\H1950.IH H1950

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1 ices, or the payment or receipt of compensation in connection with claims, 

2 proceedings, or matters involving the United States. Service as a member 

3 of the Advisory Board shall not be deemed service in an appointive or elec4 tive position in the Federal Government for purposes of section 8344 of title 

5 5 or other comparable provisions of Federal law. 

6 (e) TERMINATION.—The Advisory Board shall continue to exist until De7 cember 31, 2009. In all other respects, it shall be subject to the Federal 

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

9 § 1019.20. Contracting for services 

10 (a) CONTRACTING AUTHORIZED.— 

11 (1) MANAGEMENT ELEMENTS FOR WHICH CONTRACT REQUIRED.— 

12 To the maximum extent practicable, the Secretary shall contract with 

13 private entities to conduct or assist in elements of the management of 

14 the Service concessions program considered by the Secretary to be suit15 able for non-Federal performance. Those management elements shall 

16 include each of the following: 

17 (A) Health and safety inspections. 

18 (B) Quality control of concessions operations and facilities. 

19 (C) Strategic capital planning for concessions facilities. 

20 (D) Analysis of rates and charges to the public. 

21 (2) MANAGEMENT ELEMENTS FOR WHICH CONTRACT ALLOWED.— 

22 The Secretary may also contract with private entities to assist the Sec23 retary with each of the following: 

24 (A) Preparation of the financial aspects of prospectuses for 

25 Service concession contracts. 

26 (B) Development of guidelines for a System capital improve27 ment and maintenance program for all concession occupied facili28 ties. 

29 (C) Making recommendations to the Director regarding the con30 duct of annual audits of concession fee expenditures. 

31 (b) OTHER MANAGEMENT ELEMENTS.—The Secretary shall consider, 

32 taking into account the recommendations of the Advisory Board, contracting 

33 out other elements of the concessions management program, as appropriate. 

34 (c) AUTHORITY OF SECRETARY NOT DIMINISHED.—Nothing in this sec35 tion shall diminish the governmental responsibilities and authority of the 

36 Secretary to administer concession contracts and activities pursuant to this 

37 subchapter and chapter 1003 and sections 1009.01(a), 1009.06, 1021.01, 

38 and 1021.02 of this title. The Secretary reserves the right to make the final 

39 decision or contract approval on contracting services dealing with the man40 agement of the Service concessions program under this section. 


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1 § 1019.21. Multiple contracts within a System unit 

2 If multiple concession contracts are awarded to authorize concessioners 

3 to provide the same or similar outfitting, guiding, river running, or other 

4 similar services at the same approximate location or resource within a Sys5 tem unit, the Secretary shall establish a comparable franchise fee structure 

6 for those contracts or similar contracts, except that the terms and condi7 tions of any existing concession contract shall not be subject to modification 

8 or open to renegotiation by the Secretary because of an award of a new con9 tract at the same approximate location or resource. 

10 § 1019.22. Special rule for service contract to provide trans11 portation services 

12 Notwithstanding any other provision of law, a service contract entered 

13 into by the Secretary for the provision solely of transportation services in 

14 a System unit shall be not more than 10 years in length, including a base 

15 period of 5 years and an annual extension for an additional 5-year period 

16 based on satisfactory performance and approval by the Secretary. 

17 § 1019.23. Use of nonmonetary consideration in concession 

18 contracts 

19 Section 1302 of title 40 shall not apply to concession contracts awarded 

20 by the Secretary pursuant to this subchapter. 

21 § 1019.24. Recordkeeping requirements 

22 (a) IN GENERAL.—A concessioner and any subconcessioner shall keep 

23 such records as the Secretary may prescribe to enable the Secretary to de24 termine that all terms of a concession contract have been and are being 

25 faithfully performed. The Secretary and any authorized representative of the 

26 Secretary shall, for the purpose of audit and examination, have access to 

27 those records and to other records of the concessioner or subconcessioner 

28 pertinent to the concession contract and all terms and conditions of the con29 cession contract. 

30 (b) ACCESS TO RECORDS BY COMPTROLLER GENERAL.—The Comptroller 

31 General and any authorized representative of the Comptroller General shall, 

32 until the expiration of 5 calendar years after the close of the business year 

33 of each concessioner or subconcessioner, have access to and the right to ex34 amine any pertinent records described in subsection (a) of the concessioner 

35 or subconcessioner related to the contract involved. 

36 § 1019.25. Promotion of sale of Indian, Alaska Native, Native 

37 Samoan, and Native Hawaiian handicrafts 

38 (a) IN GENERAL.—Promoting the sale of authentic United States Indian, 

39 Alaskan Native, Native Samoan, and Native Hawaiian handicrafts relating 

40 to the cultural, historical, and geographic characteristics of System units is 

41 encouraged, and the Secretary shall ensure that there is a continuing effort 


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1 to enhance the handicraft trade where it exists and establish the trade in 

2 appropriate areas where the trade does not exist. 

3 (b) EXEMPTION FROM FRANCHISE FEE.—In furtherance of the purposes 

4 of subsection (a), the revenue derived from the sale of United States Indian, 

5 Alaska Native, Native Samoan, and Native Hawaiian handicrafts shall be 

6 exempt from any franchise fee payments under this subchapter. 

7 § 1019.26. Commercial use authorizations 

8 (a) IN GENERAL.—To the extent specified in this section, the Secretary, 

9 on request, may authorize a private person, corporation, or other entity to 

10 provide services to visitors to System units through a commercial use au11 thorization. A commercial use authorization shall not be considered to be 

12 a concession contract under this subchapter and no other section of this 

13 subchapter shall be applicable to a commercial use authorization except 

14 where expressly stated. 

15 (b) CRITERIA FOR ISSUANCE OF COMMERCIAL USE AUTHORIZATIONS.— 

16 (1) REQUIRED DETERMINATIONS.—The authority of this section may 

17 be used only to authorize provision of services that the Secretary deter18 mines— 

19 (A) will have minimal impact on resources and values of a Sys20 tem unit; and 

21 (B) are consistent with the purpose for which the System unit 

22 was established and with all applicable management plans and 

23 Service policies and regulations. 

24 (2) ELEMENTS OF COMMERCIAL USE AUTHORIZATION.—The Sec25 retary shall— 

26 (A) require payment of a reasonable fee for issuance of a com27 mercial use authorization, the fees to remain available without fur28 ther appropriation to be used, at a minimum, to recover associated 

29 management and administrative costs; 

30 (B) require that the provision of services under a commercial 

31 use authorization be accomplished in a manner consistent to the 

32 highest practicable degree with the preservation and conservation 

33 of System unit resources and values; 

34 (C) take appropriate steps to limit the liability of the United 

35 States arising from the provision of services under a commercial 

36 use authorization; 

37 (D) have no authority under this section to issue more commer38 cial use authorizations than are consistent with the preservation 

39 and proper management of System unit resources and values; and 

40 (E) shall establish other conditions for issuance of a commercial 

41 use authorization that the Secretary determines to be appropriate 


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1 for the protection of visitors, provision of adequate and appro2 priate visitor services, and protection and proper management of 

3 System unit resources and values. 

4 (c) LIMITATIONS.—Any commercial use authorization shall be limited 

5 to— 

6 (1) commercial operations with annual gross receipts of not more 

7 than $25,000 resulting from services originating and provided solely 

8 within a System unit pursuant to the commercial use authorization; 

9 (2) the incidental use of resources of the System unit by commercial 

10 operations that provide services originating and terminating outside the 

11 boundaries of the System unit; or 

12 (3)(A) uses by organized children’s camps, outdoor clubs, and non13 profit institutions (including back country use); and 

14 (B) other uses, as the Secretary determines to be appropriate. 

15 (d) NONPROFIT INSTITUTIONS.—Nonprofit institutions are not required 

16 to obtain commercial use authorizations unless taxable income is derived by 

17 the institution from the authorized use. 

18 (e) PROHIBITION ON CONSTRUCTION.—A commercial use authorization 

19 shall not provide for the construction of any structure, fixture, or improve20 ment on federally-owned land within the boundaries of a System unit. 

21 (f) DURATION.—The term of any commercial use authorization shall not 

22 exceed 2 years. No preferential right of renewal or similar provisions for re23 newal shall be granted by the Secretary. 

24 (g) OTHER CONTRACTS.—A person, corporation, or other entity seeking 

25 or obtaining a commercial use authorization shall not be precluded from 

26 submitting a proposal for concession contracts. 

27 § 1019.27. Regulations 

28 (a) IN GENERAL.—The Secretary shall prescribe regulations appropriate 

29 for the implementation of this subchapter. 

30 (b) CONTENTS.—The regulations— 

31 (1) shall include appropriate provisions to ensure that concession 

32 services and facilities to be provided in a System unit are not seg33 mented or otherwise split into separate concession contracts for the 

34 purposes of seeking to reduce anticipated annual gross receipts of a 

35 concession contract below $500,000; and 

36 (2) shall further define the term ‘‘United States Indian, Alaskan Na37 tive, and Native Hawaiian handicrafts’’ for the purposes of this sub38 chapter. 

39 CHAPTER 1021—PRIVILEGES, LEASES, RENTALS, AND 

40 PERMITS 

Sec. 

1021.01. General provisions. 


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1021.02. Disposal of timber. 

1021.03. Authority of Secretary to enter into lease for buildings and associated property. 

1021.04. Maintenance and repair of Federal Government improvements under concession contracts. 

1 § 1021.01. General provisions 

2 (a) LIMITATION.— 

3 (1) NO LEASE, RENTAL, OR PRIVILEGE THAT INTERFERES WITH

4 FREE ACCESS.—No natural curiosity, wonder, or object of interest shall 

5 be leased, rented, or granted to anyone on such terms as to interfere 

6 with free access by the public to any System unit. 

7 (2) EXCEPTION FOR GRAZING LIVESTOCK.—The Secretary, under 

8 such regulations and on such terms as the Secretary may prescribe, 

9 may grant the privilege to graze livestock within a System unit when, 

10 in the Secretary’s judgment, the use is not detrimental to the primary 

11 purpose for which the System unit was created. This paragraph does 

12 not apply to Yellowstone National Park. 

13 (b) ADVERTISING AND COMPETITIVE BIDS NOT REQUIRED.—The Sec14 retary may grant privileges, leases, and permits described in subsection (a) 

15 and enter into related contracts with responsible persons, firms, or corpora16 tions without advertising and without securing competitive bids. 

17 (c) ASSIGNMENT OR TRANSFER.— No contract, lease, permit, or privilege 

18 described in subsection (a) or (b) that is entered into or granted shall be 

19 assigned or transferred by the grantee, permittee, or licensee without the 

20 prior written approval of the Secretary. 

21 § 1021.02. Disposal of timber 

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

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

24 the cutting of timber is required to control attacks of insects or diseases 

25 or otherwise conserve the scenery or the natural or historic objects in any 

26 System unit. 

27 § 1021.03. Authority of Secretary to enter into lease for 

28 buildings and associated property 

29 (a) IN GENERAL.—To facilitate the administration of the System, the 

30 Secretary, under such terms and conditions as the Secretary may consider 

31 advisable, and except as provided in subsection (b) and subject to subsection 

32 (c), may enter into a lease with any person or government entity for the 

33 use of buildings and associated property administered by the Secretary as 

34 part of the System. 

35 (b) PROHIBITED ACTIVITIES.—The Secretary may not use a lease under 

36 subsection (a) to authorize the lessee to engage in activities that are subject 

37 to authorization by the Secretary through a concession contract, commercial 

38 use authorization, or similar instrument. 


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1 (c) USE.—Buildings and associated property leased under subsection 

2 (a)— 

3 (1) shall be used for an activity that is consistent with the purposes 

4 established by law for the System unit in which the building is located; 

5 (2) shall not result in degradation of the purposes and values of the 

6 System unit; and 

7 (3) shall be compatible with Service programs. 

8 (d) RENTAL AMOUNTS.— 

9 (1) IN GENERAL.—With respect to a lease under subsection (a)— 

10 (A) payment of fair market value rental shall be required; and 

11 (B) section 1302 of title 40 shall not apply. 

12 (2) ADJUSTMENT.—The Secretary may adjust the rental amount as 

13 appropriate to take into account any amounts to be expended by the 

14 lessee for preservation, maintenance, restoration, improvement, or re15 pair and related expenses. 

16 (e) SPECIAL ACCOUNT.— 

17 (1) DEPOSITS.—Rental payments under a lease under subsection (a) 

18 shall be deposited in a special account in the Treasury. 

19 (2) AVAILABILITY.—Amounts in the special account shall be avail20 able until expended, without further appropriation, for infrastructure 

21 needs at System units, including— 

22 (A) facility refurbishment; 

23 (B) repair and replacement; 

24 (C) infrastructure projects associated with park resource protec25 tion; and 

26 (D) direct maintenance of the leased buildings and associated 

27 properties. 

28 (3) ACCOUNTABILITY AND RESULTS.—The Secretary shall develop 

29 procedures for the use of the special account that ensure accountability 

30 and demonstrated results consistent with this section and sections 

31 1001.01, 1005.03, 1005.06, 1009.01(b), 1009.02(1) and (2), 

32 1009.09(a) and (d), 1009.10, 1013.01(1)(A) and (2) to (4), 1013.05, 

33 1017.02(b) and (c), 1019.01(1), 1029.01, and 1029.02 of this title. 

34 (f) REGULATIONS.—The Secretary shall prescribe regulations imple35 menting this section that include provisions to encourage and facilitate com36 petition in the leasing process and provide for timely and adequate public 

37 comment. 

38 § 1021.04. Maintenance and repair of Federal Government 

39 improvements under concession contracts 

40 Privileges, leases, and permits granted by the Secretary for the use of 

41 land for the accommodation of System unit visitors, pursuant to sections 


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1 1009.01(a), 1009.06, 1021.01, and 1021.02 of this title, may provide for 

2 the maintenance and repair of Federal Government improvements by the 

3 grantee notwithstanding section 1302 of title 40 or any other provision of 

4 law. 

5 CHAPTER 1023—SYSTEM UNIT RESOURCE PROTECTION 

Sec. 

1023.01. Definitions. 

1023.02. Liability. 

1023.03. Actions. 

1023.04. Use of recovered amounts. 

1023.05. Donations. 

6 § 1023.01. Definitions 

7 In this chapter: 

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

9 (A) compensation for— 

10 (i)(I) the cost of replacing, restoring, or acquiring the 

11 equivalent of a System unit resource; and 

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

13 unit resource pending its restoration or replacement or the 

14 acquisition of an equivalent resource; or 

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

16 unit resource cannot be replaced or restored; and 

17 (B) the cost of a damage assessment under section 1023.03(b) 

18 of this title. 

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

20 of actions taken by the Secretary to— 

21 (A) prevent or minimize destruction or loss of or injury to a 

22 System unit resource; 

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

24 loss, or injury; and 

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

26 loss, or injury. 

27 (3) SYSTEM UNIT RESOURCE.— 

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

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

30 of a System unit. 

31 (B) EXCLUSION.—The term ‘‘System unit resource’’ does not 

32 include a resource owned by a non-Federal entity. 

33 § 1023.02. Liability 

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

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

36 United States for response costs and damages resulting from the destruc37 tion, loss, or injury. 


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

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

3 System unit resource shall be liable in rem to the United States for re4 sponse costs and damages resulting from the destruction, loss, or injury to 

5 the same extent as a person is liable under subsection (a). 

6 (c) DEFENSES.—A person is not liable under this section if— 

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

8 was caused solely by an act of God or an act of war; 

9 (2) the person acted with due care, and the destruction, loss of, or 

10 injury to the System unit resource was caused solely by an act or omis11 sion of a third party, other than an employee or agent of the person; 

12 or 

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

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

15 (d) SCOPE.—Liability under this section is in addition to any other liabil16 ity that may arise under Federal or State law. 

17 § 1023.03. Actions 

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

19 General, on request of the Secretary after a finding by the Secretary of de20 struction, loss, or injury to a System unit resource or a finding that absent 

21 the undertaking of response costs, destruction, loss, or damage to a System 

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

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

24 section 1023.02 of this title for response costs and damages. The Secretary 

25 shall submit a request for the action to the Attorney General whenever a 

26 person or instrumentality may be liable for those costs and damages under 

27 section 1023.02 of this title. 

28 (b) RESPONSE ACTIONS AND ASSESSMENT OF DAMAGES.— 

29 (1) ACTIONS TO PREVENT OR MINIMIZE DESTRUCTION, LOSS, OR IN30 JURY.—The Secretary shall undertake all necessary actions to prevent 

31 or minimize the destruction, loss of, or injury to System unit resources, 

32 or to minimize the imminent risk of such destruction, loss, or injury. 

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

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

35 § 1023.04. Use of recovered amounts 

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

37 Secretary under this chapter or amounts recovered by the Federal Govern38 ment under any Federal, State, or local law or regulation or otherwise as 

39 a result of destruction, loss of, or injury to any System unit resource shall 

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

41 be used only as follows: 


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1 (1) REIMBURSEMENT.—To reimburse response costs and damage as2 sessments by the Secretary or other Federal agencies as the Secretary 

3 considers appropriate. 

4 (2) RESTORATION AND REPLACEMENT.—To restore, replace, or ac5 quire the equivalent of System unit resources that were the subject of 

6 the action and to monitor and study those System unit resources. The 

7 funds may not be used to acquire any land or water, interest in land 

8 or water, or right to land or water unless the acquisition is specifically 

9 approved in advance in appropriations Acts. The acquisition shall be 

10 subject to any limitations contained in the legislation authorizing the 

11 System unit. 

12 (b) EXCESS AMOUNTS.—Any amounts remaining after expenditures pur13 suant to paragraphs (1) and (2) of subsection (a) shall be deposited in the 

14 Treasury. 

15 § 1023.05. Donations 

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

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

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

19 without further Congressional action. 

20 CHAPTER 1025—VOLUNTEERS IN PARKS PROGRAMS 

Sec. 

1025.01. Establishment of program. 

1025.02. Incidental expenses. 

1025.03. Federal employee status for volunteers. 

1025.04. Authorization of appropriations. 

21 § 1025.01. Establishment of program 

22 The Secretary may recruit, train, and accept, without regard to chapter 

23 51 and subchapter III of chapter 53 of title 5 or regulations prescribed 

24 under that chapter or subchapter, the services of individuals without com25 pensation as volunteers for or in aid of interpretive functions or other visitor 

26 services or activities in and related to System units. In accepting those serv27 ices, the Secretary shall not permit the use of volunteers in hazardous duty 

28 or law enforcement work or in policymaking processes, or to displace any 

29 employee. The services of individuals whom the Secretary determines are 

30 skilled in performing hazardous activities may be accepted. 

31 § 1025.02. Incidental expenses 

32 The Secretary may provide for incidental expenses of volunteers, such as 

33 transportation, uniforms, lodging, and subsistence. 

34 § 1025.03. Federal employee status for volunteers 

35 (a) EMPLOYMENT STATUS OF VOLUNTEERS.—Except as otherwise pro36 vided in this section, a volunteer shall not be deemed a Federal employee 

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1 ment, including those relating to hours of work, rates of compensation, 

2 leave, unemployment compensation, and Federal employee benefits. 

3 (b) TORT CLAIMS.—For the purpose of sections 1346(b) and 2401(b) and 

4 chapter 171 of title 28, a volunteer under this chapter shall be deemed a 

5 Federal employee. 

6 (c) VOLUNTEERS DEEMED CIVIL EMPLOYEES.—For the purposes of sub7 chapter I of chapter 81 of title 5, volunteers under this chapter shall be 

8 deemed civil employees of the United States within the meaning of the term 

9 ‘‘employee’’ as defined in section 8101 of title 5, and subchapter I of chap10 ter 81 of title 5 shall apply. 

11 (d) COMPENSATION FOR LOSSES AND DAMAGES.—For the purpose of 

12 claims relating to damage to, or loss of, personal property of a volunteer 

13 incident to volunteer service, a volunteer under this chapter shall be deemed 

14 a Federal employee, and section 3721 of title 31 shall apply. 

15 § 1025.04. Authorization of appropriations 

16 There are authorized to be appropriated such amounts as are necessary 

17 to carry out this chapter, but not more than $3,500,000 shall be appro18 priated in any one year. 

19 CHAPTER 1027—MUSEUMS 

Sec. 

1027.01. Purpose. 

1027.02. Definition. 

1027.03. Authority of Secretary. 

1027.04. Review and approval. 

1027.05. Disposal of unnecessary or duplicate museum objects. 

20 § 1027.01. Purpose 

21 The purpose of this chapter is to increase the public benefits from muse22 ums established within System units and the Department of the Interior 

23 Museum as a means of informing the public concerning the areas and pre24 serving valuable objects and relics relating to the areas. 

25 § 1027.02. Definition 

26 (a) IN GENERAL.—In this chapter, the term ‘‘museum object’’ means an 

27 object that— 

28 (1) is eligible to be, or is made part of, a museum, library, or archive 

29 collection through a formal procedure, such as accessioning; and 

30 (2) is usually movable. 

31 (b) INCLUSIONS.—In this chapter, the term ‘‘museum object’’ includes a 

32 prehistoric or historic artifact, work of art, book, document, photograph, or 

33 natural history specimen. 

34 § 1027.03. Authority of Secretary 

35 Notwithstanding other provisions or limitations of law, the Secretary may 

36 perform the following functions in the manner that the Secretary considers 

37 to be in the public interest: 


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1 (1) DONATIONS AND BEQUESTS.—The Secretary may accept dona2 tions and bequests of money or other personal property, and hold, use, 

3 expend, and administer the money or other personal property for pur4 poses of this chapter. 

5 (2) PURCHASES.—The Secretary may purchase museum objects and 

6 other personal property at prices that the Secretary considers to be 

7 reasonable. 

8 (3) EXCHANGES.—The Secretary may make exchanges by accepting 

9 museum objects and other personal property and by granting in ex10 change for the museum objects or other personal property museum 

11 property under the administrative jurisdiction of the Secretary that no 

12 longer is needed or that may be held in duplicate among the museum 

13 properties administered by the Secretary. Exchanges shall be con14 summated on a basis that the Secretary considers to be equitable and 

15 in the public interest. 

16 (4) ACCEPTING LOANS OF PROPERTY.—The Secretary may accept 

17 the loan of museum objects and other personal property and pay trans18 portation costs incidental to the museum objects or other personal 

19 property. Loans shall be accepted on terms and conditions that the 

20 Secretary considers necessary. 

21 (5) LOANING PROPERTY.—The Secretary may loan to responsible 

22 public or private organizations, institutions, or agencies, without cost 

23 to the United States, such museum objects and other personal property 

24 as the Secretary shall consider advisable. Loans shall be made on terms 

25 and conditions that the Secretary considers necessary to protect the 

26 public interest in those properties. 

27 (6) TRANSFER OF MUSEUM OBJECTS.—The Secretary may transfer 

28 museum objects that the Secretary determines are no longer needed for 

29 museum purposes to qualified Federal agencies, including the Smithso30 nian Institution, that have programs to preserve and interpret cultural 

31 or natural heritage, and accept the transfer of museum objects for the 

32 purposes of this chapter from any other Federal agency, without reim33 bursement. The head of any other Federal agency may transfer, with34 out reimbursement, museum objects directly to the administrative juris35 diction of the Secretary for the purpose of this chapter. 

36 (7) DESTRUCTION OF MUSEUM OBJECTS.—The Secretary may de37 stroy or cause to be destroyed museum objects that the Secretary de38 termines to have no scientific, cultural, historic, educational, esthetic, 

39 or monetary value. 

40 (8) CONVEYANCE OF MUSEUM OBJECTS.—The Secretary may convey 

41 museum objects that the Secretary determines are no longer needed for 


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1 museum purposes, without monetary consideration but subject to such 

2 terms and conditions as the Secretary considers necessary, to private 

3 institutions exempt from Federal taxation under section 501(c)(3) of 

4 the Internal Revenue Code of 1986 (26 U.S.C. 501(c)(3)) and to non5 Federal governmental entities if the Secretary determines that the re6 cipient is dedicated to the preservation and interpretation of natural or 

7 cultural heritage and is qualified to manage the property, prior to any 

8 conveyance under this paragraph and paragraphs (6) and (7). 

9 § 1027.04. Review and approval 

10 The Secretary shall ensure that museum objects are treated in a careful 

11 and deliberate manner that protects the public interest. Prior to taking any 

12 action under section 1027.03(6), (7), or (8) of this title, the Secretary shall 

13 establish a systematic review and approval process, including consultation 

14 with appropriate experts, that meets the highest standards of the museum 

15 profession for all actions taken under section 1027.03(6), (7), or (8) of this 

16 title. 

17 § 1027.05. Disposal of unnecessary or duplicate museum ob18 jects 

19 The Secretary may dispose of objects no longer needed for the Depart20 ment of the Interior Museum or held in duplicate among museum properties 

21 and apply the proceeds to the purchase of museum objects and other per22 sonal property at reasonable prices. 

23 CHAPTER 1029—LAW ENFORCEMENT AND EMERGENCY 

24 ASSISTANCE 

Subchapter I—Law Enforcement 

Sec. 

1029.01. Law enforcement personnel within System. 

1029.02. Crime prevention assistance. 

Subchapter II—Emergency Assistance 

1029.11. Authority of Secretary to carry out certain activities. 

1029.12. Aid to visitors, grantees, permittees, or licensees in emergencies. 

25 Subchapter I—Law Enforcement 

26 § 1029.01. Law enforcement personnel within System 

27 (a) OFFICERS AND EMPLOYEES OF THE DEPARTMENT OF THE INTE28 RIOR.— 

29 (1) DESIGNATION AUTHORITY OF SECRETARY.—The Secretary, pur30 suant to standards prescribed in regulations by the Secretary, may des31 ignate certain officers or employees of the Department of the Interior 

32 who shall maintain law and order and protect individuals and property 

33 within System units. 

34 (2) POWERS AND DUTIES OF DESIGNEES.—In the performance of 

35 the duties described in paragraph (1), the designated officers or em36 ployees may— 


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1 (A) carry firearms; 

2 (B) make arrests without warrant for any offense against the 

3 United States committed in the presence of the officer or em4 ployee, or for any felony cognizable under the laws of the United 

5 States if the officer or employee has reasonable grounds to believe 

6 that the individual to be arrested has committed or is committing 

7 the felony, provided the arrests occur within the System or the in8 dividual to be arrested is fleeing from the System to avoid arrest; 

9 (C) execute any warrant or other process issued by a court or 

10 officer of competent jurisdiction for the enforcement of the provi11 sions of any Federal law or regulation issued pursuant to law aris12 ing out of an offense committed in the System or, where the indi13 vidual subject to the warrant or process is in the System, in con14 nection with any Federal offense; and 

15 (D) conduct investigations of offenses against the United States 

16 committed in the System in the absence of investigation of the of17 fenses by any other Federal law enforcement agency having inves18 tigative jurisdiction over the offense committed or with the concur19 rence of the other agency. 

20 (b) OTHER INDIVIDUALS.—The Secretary may designate officers and em21 ployees of any other Federal agency, or law enforcement personnel of a 

22 State or political subdivision of a State, when determined to be economical 

23 and in the public interest and with the concurrence of that agency, State, 

24 or subdivision, to— 

25 (1) act as special police officers in System units when supplemental 

26 law enforcement personnel may be needed; and 

27 (2) exercise the powers and authority provided by subparagraphs (A) 

28 to (D) of subsection (a)(2). 

29 (c) COOPERATION WITH STATES AND POLITICAL SUBDIVISIONS.—The 

30 Secretary may— 

31 (1) cooperate, within the System, with any State or political subdivi32 sion of a State in the enforcement of supervision of the laws or ordi33 nances of that State or subdivision; 

34 (2) mutually waive, in any agreement pursuant to paragraph (1) and 

35 subsection (b) or pursuant to subparagraphs (A) and (B) of subsection 

36 (a)(2) with any State or political subdivision of a State where State 

37 law requires the waiver and indemnification, all civil claims against all 

38 the other parties to the agreement and, subject to available appropria39 tions, indemnify and save harmless the other parties to the agreement 

40 from all claims by third parties for property damage or personal injury, 


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1 that may arise out of the parties’ activities outside their respective ju2 risdictions under the agreement; and 

3 (3) provide limited reimbursement, to a State or political subdivi4 sions of a State, in accordance with such regulations as the Secretary 

5 may prescribe, where the State has ceded concurrent legislative juris6 diction over the affected area of the System, for expenditures incurred 

7 in connection with its activities within the System that were rendered 

8 pursuant to subsection (b). 

9 (d) SUPPLEMENTAL AUTHORITY; DELEGATION OF SERVICE LAW EN10 FORCEMENT RESPONSIBILITIES NOT AUTHORIZED.—Subsections (b) and 

11 (c) supplement the law enforcement responsibilities of the Service and do 

12 not authorize the delegation of law enforcement responsibilities of the Serv13 ice to State and local governments. 

14 (e) SPECIAL POLICE OFFICERS NOT DEEMED FEDERAL EMPLOYEES.— 

15 (1) IN GENERAL.—Except as otherwise provided in this subsection, 

16 a law enforcement officer of a State or political subdivision of a State 

17 designated to act as a special police officer under subsection (b) shall 

18 not be deemed a Federal employee and shall not be subject to the pro19 visions of law relating to Federal employment, including those relating 

20 to hours of work, rates of compensation, leave, unemployment com21 pensation, and Federal benefits. 

22 (2) EXCEPTIONS.—A law enforcement officer of a State or political 

23 subdivision of a State, when acting as a special police officer under 

24 subsection (b), is deemed to be— 

25 (A) a Federal employee for purposes of sections 1346(b) and 

26 2401(b) and chapter 171 of title 28; and 

27 (B) a civil service employee of the United States within the 

28 meaning of the term ‘‘employee’’ as defined in section 8101 of title 

29 5, for purposes of subchapter I of chapter 81 of title 5, relating 

30 to compensation to Federal employees for work injuries, and the 

31 provisions of subchapter I of chapter 81 of title 5 shall apply. 

32 (f) FEDERAL INVESTIGATIVE JURISDICTION AND STATE CIVIL AND

33 CRIMINAL JURISDICTION NOT PREEMPTED.—This section and sections 

34 1001.01, 1005.03, 1005.06, 1009.01(b), 1009.02(1) and (2), 1009.09(a) 

35 and (d), 1009.10, 1013.01(1)(A) and (2) to (4), 1013.05, 1017.02(b) and 

36 (c), 1019.01(1), 1021.03, and 1029.02 of this title shall not be construed 

37 or applied to limit or restrict the investigative jurisdiction of any Federal 

38 law enforcement agency other than the Service, and nothing shall be con39 strued or applied to affect any right of a State or political subdivision of 

40 a State to exercise civil and criminal jurisdiction within the System. 


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1 § 1029.02. Crime prevention assistance 

2 (a) RECOMMENDATIONS FOR IMPROVEMENT.—The Secretary shall direct 

3 the chief official responsible for law enforcement within the Service to— 

4 (1) compile a list of System units with the highest rates of violent 

5 crime; 

6 (2) make recommendations concerning capital improvements, and 

7 other measures, needed within the System to reduce the rates of violent 

8 crime, including the rate of sexual assault; and 

9 (3) publish the information required by paragraphs (1) and (2) in 

10 the Federal Register. 

11 (b) DISTRIBUTION OF FUNDS.—Based on the recommendations and list 

12 issued pursuant to subsection (a), the Secretary shall distribute the funds 

13 authorized by subsection (d) throughout the System. Priority shall be given 

14 to areas with the highest rates of sexual assault. 

15 (c) USE OF FUNDS.—Funds provided under this section may be used— 

16 (1) to increase lighting within or adjacent to System units; 

17 (2) to provide emergency phone lines to contact law enforcement or 

18 security personnel in areas within or adjacent to System units; 

19 (3) to increase security or law enforcement personnel within or adja20 cent to System units; or 

21 (4) for any other project intended to increase the security and safety 

22 of System units. 

23 (d) AUTHORIZATION OF APPROPRIATIONS.—There is authorized to be ap24 propriated out of the Violent Crime Reduction Trust Fund not to exceed 

25 $10,000,000 for the Secretary to take all necessary actions to seek to re26 duce the incidence of violent crime in the System. 

27 Subchapter II—Emergency Assistance 

28 § 1029.11. Authority of Secretary to carry out certain activi29 ties 

30 To facilitate the administration of the System, the Secretary may render 

31 emergency rescue, firefighting, and cooperative assistance to nearby law en32 forcement and fire prevention agencies and for related purposes outside the 

33 System. 

34 § 1029.12. Aid to visitors, grantees, permittees, or licencees 

35 in emergencies 

36 (a) VISITORS.—The Secretary may aid visitors within a System unit in 

37 an emergency, when no other source is available for the procurement of food 

38 or supplies, by the sale, at cost, of food or supplies in quantities sufficient 

39 to enable the visitors to reach safely a point where food or supplies can be 

40 purchased. Receipts from the sales shall be deposited as a refund to the apVerDate Mar 15 2010 20:20 Jun 09, 2011 Jkt 099200 PO 00000 Frm 00073 Fmt 6652 Sfmt 6221 E:\BILLS\H1950.IH H1950

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1 propriation current at the date of the deposit and shall be available for the 

2 purchase of similar food or supplies. 

3 (b) GRANTEES, PERMITTEES, AND LICENSEES.—The Secretary may in 

4 an emergency, when no other source is available for the immediate procure5 ment of supplies, materials, or special services, aid grantees, permittees, or 

6 licensees conducting operations for the benefit of the public in a System unit 

7 by the sale, at cost, including transportation and handling, of supplies, ma8 terials, or special services as may be necessary to relieve the emergency and 

9 ensure uninterrupted service to the public. Receipts from the sales shall be 

10 deposited as a refund to the appropriation current at the date of the deposit 

11 and shall be available for expenditure for System unit purposes. 

12 CHAPTER 1031—MINING ACTIVITY WITHIN SYSTEM 

13 UNITS 

Sec. 

1031.01. Findings and declaration of policy. 

1031.02. Preservation and management of System units by Secretary; promulgation of regulations. 

1031.03. Recordation of mining claims; publication of notice. 

1031.04. Report on finding or notification of potential damage to natural and historical landmarks. 

1031.05. Civil actions for just compensation by mining claim holders. 

1031.06. Acquisition of land by Secretary. 

1031.07. Financial disclosure by officer or employee of Secretary. 

14 § 1031.01. Findings and declaration of policy 

15 The Congress finds and declares that— 

16 (1) continued application of the mining laws of the United States to 

17 System units to which the mining laws apply conflicts with the pur18 poses for which the System units were established; and 

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

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

21 values. 

22 § 1031.02. Preservation and management of System units by 

23 Secretary; promulgation of regulations 

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

25 beauty of System units, and to further the purposes of chapter 1003 and 

26 sections 1009.01(a), 1009.06, 1021.01, and 1021.02 of this title and the 

27 individual organic Acts for the System units, all activities resulting from the 

28 exercise of valid existing mineral rights on patented or unpatented mining 

29 claims within any System unit shall be subject to such regulations pre30 scribed by the Secretary as the Secretary considers necessary or desirable 

31 for the preservation and management of the System units. 

32 § 1031.03. Recordation of mining claims; publication of no33 tice 

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

35 sections 161 and 162, and chapters 12A and 16) that lie within the boundVerDate Mar 15 2010 20:20 Jun 09, 2011 Jkt 099200 PO 00000 Frm 00074 Fmt 6652 Sfmt 6221 E:\BILLS\H1950.IH H1950

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1 aries of System units that were not recorded with the Secretary within one 

2 year after September 28, 1976, shall be conclusively presumed to be aban3 doned and shall be void. The recordation does not render valid any claim 

4 that was not valid on September 28, 1976, or that becomes invalid there5 after. 

6 § 1031.04. Report on finding or notification of potential dam7 age to natural and historical landmarks 

8 When the Secretary finds on the Secretary’s own motion or on being noti9 fied in writing by an appropriate scientific, historical, or archaeological au10 thority that a district, site, building, structure, or object that has been 

11 found to be nationally significant in illustrating natural history or the his12 tory of the United States and that has been designated as a natural or his13 toric landmark may be irreparably lost or destroyed in whole or in part by 

14 any surface mining activity, including exploration for or removal or produc15 tion of minerals or materials, the Secretary shall notify the person con16 ducting the activity and submit a report on the findings or notification, in17 cluding the basis for the Secretary’s finding that the activity may cause ir18 reparable loss or destruction of a national landmark, to the Advisory Coun19 cil on Historic Preservation, with a request for advice of the Council as to 

20 alternative measures that may be taken by the United States to mitigate 

21 or abate the activity. 

22 § 1031.05. Civil actions for just compensation by mining 

23 claim holders 

24 The holder of any patented or unpatented mining claim subject to this 

25 chapter that believes the holder has suffered a loss by operation of this 

26 chapter, or by orders or regulations issued pursuant to this chapter, may 

27 bring a civil action in United States district court to recover just compensa28 tion, which shall be awarded if the court finds that the loss constitutes a 

29 taking of property compensable under the Constitution. 

30 § 1031.06. Acquisition of land by Secretary 

31 Nothing in this chapter shall be construed to limit the authority of the 

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

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

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

35 Bay National Monument, Death Valley National Monument, Organ Pipe 

36 Cactus National Monument, or Mount McKinley National Park to sell the 

37 right or other property if the owner notifies the Secretary that the contin38 ued ownership of the right or property is causing, or would result in, undue 

39 hardship. 


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1 § 1031.07. Financial disclosure by officer or employee of Sec2 retary 

3 (a) WRITTEN STATEMENTS.–Each officer or employee of the Secretary 

4 who— 

5 (1) performs any function or duty under this chapter, or any Act 

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

7 1342) concerning the regulation of mining in the System; and 

8 (2) has any known financial interest— 

9 (A) in any person subject to this chapter or any Act amended 

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

11 1342); or 

12 (B) in any person who holds a mining claim within the bound13 ary of any System unit; 

14 shall annually file with the Secretary a written statement concerning all 

15 such interests held by the officer or employee during the preceding calendar 

16 year. The statement shall be available to the public. 

17 (b) MONITORING AND ENFORCEMENT PROCEDURES.—The Secretary 

18 shall— 

19 (1) prescribe regulations that— 

20 (A) define the term ‘‘known financial interest’’ for purposes of 

21 subsection (a); and 

22 (B) establish the methods by which the requirement to file writ23 ten statements specified in subsection (a) will be monitored and 

24 enforced, including appropriate provisions for the filing by the offi25 cers and employees of the statements and the review by the Sec26 retary of the statements; and 

27 (2) submit to Congress on June 1 of each year a report with respect 

28 to the disclosures and the actions taken in regard to the disclosures 

29 during the preceding calendar year. 

30 (c) EXEMPTIONS.—In the regulations prescribed under subsection (b), the 

31 Secretary may identify specific positions within the Department of the Inte32 rior that are of a nonregulatory or nonpolicymaking nature and provide that 

33 officers or employees occupying those positions shall be exempt from the re34 quirements of this section. 

35 (d) CRIMINAL PENALTY.—Any officer or employee who is subject to, and 

36 knowingly violates, this section or any regulation prescribed under this sec37 tion shall be fined under title 18, imprisoned not more than one year, or 

38 both. 

39 CHAPTER 1033—LAND TRANFERS 

Sec. 

1033.01. Conveyance of property and interests in property in System units or related areas. 


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1 § 1033.01. Conveyance of property and interests in property 

2 in System units or related areas 

3 (a) FREEHOLD AND LEASEHOLD INTERESTS.—With respect to any prop4 erty acquired by the Secretary within a System unit or related area, except 

5 property within national parks or within national monuments of scientific 

6 significance, the Secretary may convey a freehold or leasehold interest in the 

7 property, subject to such terms and conditions as will ensure the use of the 

8 property in a manner that is, in the judgment of the Secretary, consistent 

9 with the purpose for which the System unit or related area was authorized 

10 by Congress. The Secretary shall convey the interest to the highest bidder, 

11 in accordance with such regulations as the Secretary may prescribe. The 

12 conveyance shall be at not less than the fair market value of the interest, 

13 as determined by the Secretary, except that if the conveyance is proposed 

14 within 2 years after the property to be conveyed is acquired by the Sec15 retary, the Secretary shall allow the last owner of record of the property 

16 30 days following the date on which the owner is notified by the Secretary 

17 in writing that the property is to be conveyed within which to notify the 

18 Secretary that the owner wishes to acquire the interest. On receiving the 

19 timely request, the Secretary shall convey the interest to the person, in ac20 cordance with such regulations as the Secretary may prescribe, on payment 

21 or agreement to pay an amount equal to the highest bid price. 

22 (b) EXCHANGE OF LAND.— 

23 (1) IN GENERAL.—The Secretary may accept title to any non-Fed24 eral property or interest in property within a System unit or related 

25 area under the Secretary’s administration in exchange for any Feder26 ally-owned property or interest under the Secretary’s jurisdiction that 

27 the Secretary determines is suitable for exchange or other disposal and 

28 that is located in the same State as the non-Federal property to be ac29 quired. 

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 

39 (B) if they are not approximately equal, shall be equalized by 

40 the payment of cash to the grantor from funds appropriated for 


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1 the acquisition of land for the area, or to the Secretary, as the 

2 circumstances require. 

3 (c) SOLID WASTE DISPOSAL OPERATIONS.— 

4 (1) IN GENERAL—To protect the air, land, water, and natural and 

5 cultural values of the System and the property of the United States 

6 in the System, no solid waste disposal site (including any site for the 

7 disposal of domestic or industrial solid waste) may be operated within 

8 the boundary of any System unit, other than— 

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

10 (B) a site used only for disposal of waste generated within that 

11 System unit so long as the site will not degrade any of the natural 

12 or cultural resources of the System unit. 

13 (2) REGULATIONS.—The Secretary shall prescribe regulations to 

14 carry out this subsection, including reasonable regulations to mitigate 

15 the adverse effects of solid waste disposal sites in operation as of Sep16 tember 1, 1984, on property of the United States. 

17 (d) PROCEEDS CREDITED TO LAND AND WATER CONSERVATION

18 FUND.—The proceeds received from any conveyance under this section shall 

19 be credited to the Land and Water Conservation Fund. 

20 CHAPTER 1035—APPROPRIATIONS AND ACCOUNTING 

Sec. 

1035.01. Availability and use of appropriations. 

1035.02. Appropriations authorized and available for certain purposes. 

1035.03. Amounts provided by private entities for utility services. 

1035.04. Recovery of costs associated with special use permits. 

21 § 1035.01. Availability and use of appropriations 

22 (a) CREDITS OF RECEIPTS FOR MEALS AND QUARTERS FURNISHED

23 FEDERAL GOVERNMENT EMPLOYEES IN THE FIELD.—Cash collections and 

24 payroll deductions made for meals and quarters furnished by the Service to 

25 employees of the Federal Government in the field and to cooperating agen26 cies may be credited as a reimbursement to the current appropriation for 

27 the administration of the System unit in which the accommodations are fur28 nished. 

29 (b) AVAILABILITY FOR EXPENSE OF RECORDING DONATED LAND.—Ap30 propriations made for the Service shall be available for any expenses inci31 dent to the preparation and recording of title evidence covering land to be 

32 donated to the United States for administration by the Service. 

33 (c) USE OF FUNDS FOR LAW ENFORCEMENT AND EMERGENCIES.— 

34 (1) IN GENERAL.—Funds, not to exceed $250,000 per incident, 

35 available to the Service may be used, with the approval of the Sec36 retary, to— 

37 (A) maintain law and order in emergency and other unforeseen 

38 law enforcement situations; and 


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1 (B) conduct emergency search and rescue operations in the Sys2 tem. 

3 (2) REPLENISHMENT OF FUNDS.—If the Secretary expends funds 

4 under paragraph (1), the funds shall be replenished by a supplemental 

5 appropriation for which the Secretary shall make a request as promptly 

6 as possible. 

7 (d) CONTRIBUTION FOR ANNUITY BENEFITS.— 

8 (1) IN GENERAL.—Necessary amounts are appropriated for reim9 bursement, pursuant to the Policemen and Firemen’s Retirement and 

10 Disability Act amendments of 1957 (Public Law 85–157, 71 Stat. 

11 391), to the District of Columbia on a monthly basis for benefit pay12 ments by the District of Columbia to United States Park Police annu13 itants under section 12 of the Policemen and Firemen’s Retirement 

14 and Disability Act (ch. 433, 39 Stat. 718), to the extent that those 

15 payments exceed contributions made by active Park Police members 

16 covered under the Policemen and Firemen’s Retirement and Disability 

17 Act. 

18 (2) NONAVAILABILITY OF APPROPRIATIONS TO THE SERVICE.—Ap19 propriations made to the Service are not available for the purpose of 

20 making reimbursements under paragraph (1). 

21 (e) WATERPROOF FOOTWEAR.—Appropriations for the Service that are 

22 available for the purchase of equipment may be used for purchase of water23 proof footwear, which shall be regarded and listed as System equipment. 

24 § 1035.02. Appropriations authorized and available for cer25 tain purposes 

26 Appropriations for the Service are authorized and are available for— 

27 (1)(A) necessary protection of the area of federally owned land in the 

28 custody of the Service known as the Ocean Strip and Queets Corridor, 

29 adjacent to Olympic National Park, Washington; 

30 (B) necessary repairs to the roads from Glacier Park Station 

31 through the Blackfeet Indian Reservation to the various points in the 

32 boundary line of Glacier National Park, Montana, and the international 

33 boundary; 

34 (C) repair and maintenance of approximately 2.77 miles of road 

35 leading from United States Highway 187 to the north entrance of 

36 Grand Teton National Park, Wyoming; 

37 (D) maintenance of approach roads through the Lassen National 

38 Forest leading to Lassen Volcanic National Park, California; 

39 (E) maintenance and repair of the Generals Highway between the 

40 boundaries of Sequoia National Park, California, and the Grant Grove 

41 section of Kings Canyon National Park, California; 


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1 (F) maintenance of approximately 2.25 miles of roads comprising the 

2 portions of the Fresno-Kings Canyon approach road, Park Ridge Look3 out Road, and Ash Mountain-Advance truck trail necessary to the ad4 ministration and protection of Sequoia National Park and Kings Can5 yon National Park; 

6 (G) maintenance of the roads in the national forests leading out of 

7 Yellowstone National Park, Wyoming, Idaho, and Montana; 

8 (H) maintenance of the road in the Stanislaus National Forest con9 necting the Tioga Road with the Hetch Hetchy Road near Mather Sta10 tion, Yosemite National Park, California; 

11 (I) maintenance and repair of the approach road to the Little Big12 horn Battlefield National Monument and the road connecting that 

13 monument with the Reno Monument site, Montana; and 

14 (J) repair and maintenance of the class C road lying between the 

15 terminus of F.A. 383 at the east boundary of Coronado National For16 est and the point where that class C road enters Coronado National 

17 Memorial in the vicinity of Montezuma Pass, approximately 5.3 miles; 

18 (2) administration, protection, improvement, and maintenance of 

19 areas, under the jurisdiction of other Federal agencies, that are devoted 

20 to recreational use pursuant to cooperative agreements; 

21 (3) necessary local transportation and subsistence in kind of individ22 uals selected for employment or as cooperators, serving without other 

23 compensation, while attending fire protection training camps; 

24 (4) administration, protection, maintenance, and improvement of the 

25 Chesapeake and Ohio Canal; 

26 (5) educational lectures in or in the vicinity of and with respect to 

27 System units, and services of field employees in cooperation with such 

28 nonprofit scientific and historical societies engaged in educational work 

29 in System units as the Secretary may designate; 

30 (6) travel expenses of employees attending— 

31 (A) Federal Government camps for training in forest fire pre32 vention and suppression; 

33 (B) the Federal Bureau of Investigation National Police Acad34 emy; and 

35 (C) Federal, State, or municipal schools for training in building 

36 fire prevention and suppression; 

37 (7) investigation and establishment of water rights in accordance 

38 with local custom, laws, and decisions of courts, including the acquisi39 tion of water rights or of land or interests in land or rights-of-way for 

40 use and protection of water rights necessary or beneficial in the admin41 istration and public use of System units; 


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1 (8) acquisition of rights-of-way and construction and maintenance of 

2 a water supply line partly outside the boundaries of Mesa Verde Na3 tional Park; 

4 (9) official telephone service in the field in the case of official tele5 phones installed in private houses when authorized under regulations 

6 established by the Secretary; and 

7 (10) provision of transportation for children in nearby communities 

8 to and from any System unit used in connection with organized recre9 ation and interpretive programs of the Service. 

10 § 1035.03. Amounts provided by private entities for utility 

11 services 

12 Notwithstanding any other provision of law, amounts provided to the 

13 Service by private entities for utility services shall be credited to the appro14 priate account and remain available until expended. 

15 § 1035.04. Recovery of costs associated with special use per16 mits 

17 Notwithstanding any other provision of law, the Service may recover all 

18 costs of providing necessary services associated with special use permits. 

19 The reimbursements shall be credited to the appropriation current at that 

20 time. 

21 CHAPTER 1037—NATIONAL MILITARY PARKS 

Sec. 

1037.01. Military maneuvers. 

1037.02. Camps for military instruction. 

1037.03. Performance of duties of commissions. 

1037.04. Recovery of land withheld. 

1037.05. Travel expenses incident to study of battlefields. 

1037.06. Studies. 

1307.07. Criminal penalties. 

22 § 1037.01. Military maneuvers 

23 To obtain practical benefits of great value to the country from the es24 tablishment of national military parks, the parks and their approaches are 

25 declared to be national fields for military maneuvers for the Regular Army 

26 or Regular Air Force and the National Guard or militia of the States. Na27 tional military parks shall be opened for those purposes only in the discre28 tion of the Secretary, and under such regulations as the Secretary may pre29 scribe. 

30 § 1037.02. Camps for military instruction 

31 (a) ASSEMBLING OF FORCES AND DETAILING OF INSTRUCTORS.—The 

32 Secretary of the Army or Secretary of the Air Force, within the limits of 

33 appropriations that may be available for that purpose, may assemble in 

34 camp at such season of the year and for such period as the Secretary of 

35 the Army or Secretary of the Air Force may designate, at the field of mili36 tary maneuvers, such portions of the military forces of the United States 


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1 as the Secretary of the Army or Secretary of the Air Force may think best, 

2 to receive military instruction there. The Secretary of the Army of Secretary 

3 of the Air Force may detail instructors from the Regular Army or Regular 

4 Air Force, respectively, for those forces during their exercises. 

5 (b) REGULATIONS.—The Secretary of the Army or Secretary of the Air 

6 Force may prescribe regulations governing the assembling of the National 

7 Guard or militia of the States on the maneuvering grounds. 

8 § 1037.03. Performance of duties of commissions 

9 The duties of commissions in charge of national military parks shall be 

10 performed under the direction of the Secretary. 

11 § 1037.04. Recovery of land withheld 

12 (a) CIVIL ACTION.—The United States may bring a civil action in the 

13 courts of the United States against a person to whom land lying within a 

14 national military park has been leased that refuses to give up possession of 

15 the land to the United States after the termination of the lease, and after 

16 possession has been demanded for the United States by the park super17 intendent, or against a person retaining possession of land lying within the 

18 boundary of a national military park that the person has sold to the United 

19 States for park purposes and received payment therefor, after possession of 

20 the land has been demanded for the United States by the park super21 intendent, to recover possession of the land withheld. The civil action shall 

22 be brought according to the statutes of the State in which the national mili23 tary park is situated. 

24 (b) TRESPASS.—A person described in subsection (a) shall be guilty of 

25 trespass. 

26 § 1037.05. Travel expenses incident to study of battlefields 

27 Mileage of officers of the Army and actual expenses of civilian employees 

28 traveling on duty in connection with the studies, surveys, and field investiga29 tions of battlefields shall be paid from the appropriations made to meet ex30 penses for those purposes. 

31 § 1037.06. Studies 

32 (a) STUDY OF BATTLEFIELDS FOR COMMEMORATIVE PURPOSES.—The 

33 Secretary of the Army may have made studies and investigations and, where 

34 necessary, surveys of all battlefields within the continental limits of the 

35 United States on which troops of the United States or of the original 13 

36 colonies have been engaged against a common enemy, with a view to pre37 paring a general plan and such detailed projects as may be required for 

38 properly commemorating such battlefields or other adjacent points of his39 toric and military interest. 

40 (b) INCLUSION OF ESTIMATE OF COST OF PROJECTED SURVEYS IN AP41 PROPRIATION ESTIMATES.—The Secretary shall include annually in the DeVerDate Mar 15 2010 20:20 Jun 09, 2011 Jkt 099200 PO 00000 Frm 00082 Fmt 6652 Sfmt 6221 E:\BILLS\H1950.IH H1950

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1 partment of the Interior appropriation estimates a list of the battlefields for 

2 which surveys or other field investigations are planned for the fiscal year 

3 in question, with the estimated cost of making each survey or other field 

4 investigation. 

5 (c) PURCHASE OF REAL ESTATE FOR NATIONAL MILITARY PARK PUR6 POSES.—No real estate shall be purchased for national military park pur7 poses by the Federal Government unless a report on the real estate has been 

8 made by the Secretary through the President to Congress under subsection 

9 (d). 

10 (d) REPORT TO CONGRESS.—The Secretary annually shall submit 

11 through the President to Congress a detailed report of progress made under 

12 this subchapter, with recommendations for further operations. 

13 § 1037.07. Criminal penalties 

14 (a) OFFENSES RELATING TO STRUCTURES AND VEGETATION.—A person 

15 that willfully destroys, mutilates, defaces, injures, or removes any monu16 ment, statue, marker, guidepost, or other structure, or that willfully de17 stroys, cuts, breaks, injures, or removes any tree, shrub, or plant within a 

18 national military park shall be fined under title 18 but not less than $10 

19 for each monument, statue, marker, guidepost, or other structure, tree, 

20 shrub, or plant destroyed, defaced, injured, cut, or removed, imprisoned for 

21 not less than 15 days nor more than one year, or both. 

22 (b) TRESPASSING IN A NATIONAL MILITARY PARK TO HUNT OR

23 SHOOT.—An individual who trespasses in a national military park to hunt 

24 or shoot, or hunts game of any kind in a national military park with a gun 

25 or dog, or sets a trap or net or other device in a national military park 

26 to hunt or catch game of any kind, shall be fined under title 18, imprisoned 

27 not less than 5 nor more than 30 days, or both. 

28 CHAPTER 1039—MISCELLANEOUS 

Sec. 

1039.01. National Capital region arts and cultural affairs. 

1039.02. National Park System Advisory Board. 

1039.03. National Park Service Advisory Council. 

1039.04. Protecting the right of individuals to bear arms. 

1039.05. Limitation on extension or establishment of national parks in Wyoming. 

1039.06. Donations of land near or adjacent to national forest in North Carolina for System 

unit purposes. 

29 § 1039.01. National Capital region arts and cultural affairs 

30 (a) ESTABLISHMENT.—There is under the direction of the Service a pro31 gram to support and enhance artistic and cultural activities in the National 

32 Capital region. 

33 (b) GRANT ELIGIBILITY.— 

34 (1) ELIGIBLE ORGANIZATIONS.—Eligibility for grants shall be lim35 ited to organizations— 

36 (A) that are of demonstrated national significance; and 


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1 (B) that meet at least 2 of the criteria stated in paragraph (2). 

2 (2) CRITERIA.—The criteria referred to in paragraph (1) are the fol3 lowing: 

4 (A) The organization has an annual operating budget in excess 

5 of $1,000,000. 

6 (B) The organization has an annual audience or visitation of at 

7 least 200,000 people. 

8 (C) The organization has a paid staff of at least 100 individ9 uals. 

10 (D) The organization is eligible under 2001.02(5) of this title. 

11 (3) ORGANIZATIONS NOT ELIGIBLE.—Public or private colleges and 

12 universities are not eligible for grants under the program under this 

13 section. 

14 (c) USE OF GRANTS.—Grants awarded under this section may be used 

15 to support general operations and maintenance, security, or special projects. 

16 No organization may receive a grant in excess of $500,000 in a single year. 

17 (d) RESPONSBILITIES OF DIRECTOR.—The Director shall— 

18 (1) establish an application process; 

19 (2) appoint a review panel of 5 qualified individuals, at least a ma20 jority of whom reside in the National Capital region; and 

21 (3) develop other program guidelines and definitions as required. 

22 (e) FORD’S THEATER AND WOLF TRAP NATIONAL PARK FOR THE PER23 FORMING ARTS.—The contractual amounts required for the support of 

24 Ford’s Theater and Wolf Trap National Park for the Performing Arts shall 

25 be available within the amount provided in this section without regard to 

26 any other provision of this section. 

27 § 1039.02. National Park System Advisory Board 

28 (a) DEFINITION.—In this section, the term ‘‘Board’’ means the National 

29 Park System Advisory Board established under subsection (b). 

30 (b) ESTABLISHMENT AND PURPOSE.—There is a National Park System 

31 Advisory Board, whose purpose is to advise the Director on matters relating 

32 to the Service, the System, and programs administered by the Service. The 

33 Board shall advise the Director on matters submitted to the Board by the 

34 Director as well as any other issues identified by the Board. 

35 (c) MEMBERSHIP.— 

36 (1) APPOINTMENT AND TERM OF OFFICE.—Members of the Board 

37 shall be appointed on a staggered term basis by the Secretary for a 

38 term not to exceed 4 years and shall serve at the pleasure of the Sec39 retary. 

40 (2) COMPOSITION.—The Board shall be comprised of no more than 

41 12 persons, appointed from among citizens of the United States having 


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1 a demonstrated commitment to the mission of the Service. Board mem2 bers shall be selected to represent various geographic regions, including 

3 each of the administrative regions of the Service. At least 6 of the 

4 members shall have outstanding expertise in one or more of the fol5 lowing fields: history, archaeology, anthropology, historical or landscape 

6 architecture, biology, ecology, geology, marine science, or social science. 

7 At least 4 of the members shall have outstanding expertise and prior 

8 experience in the management of national or State parks or protected 

9 areas, or national or cultural resources management. The remaining 

10 members shall have outstanding expertise in one or more of the areas 

11 described above or in another professional or scientific discipline, such 

12 as financial management, recreation use management, land use plan13 ning, or business management, important to the mission of the Service. 

14 At least one individual shall be a locally elected official from an area 

15 adjacent to a park. 

16 (3) VACANCY.—Any vacancy in the Board shall not affect its powers, 

17 but shall be filled in the same manner in which the original appoint18 ment was made. 

19 (4) COMPENSATION.—All members of the Board shall be reimbursed 

20 for travel and per diem in lieu of subsistence expenses during the per21 formance of duties of the Board while away from home or their regular 

22 place of business, in accordance with subchapter I of chapter 57 of title 

23 5. With the exception of travel and per diem, a member of the Board 

24 who otherwise is an officer or employee of the United States Govern25 ment shall serve on the Board without additional compensation. 

26 (d) DUTIES AND POWERS OF BOARD.— 

27 (1) ADOPT RULES.—The Board may adopt such rules as may be nec28 essary to establish its procedures and to govern the manner of its oper29 ations, organization, and personnel. 

30 (2) ADVICE AND RECOMMENDATIONS.—The Board shall advise the 

31 Secretary on matters relating to the System, to other related areas, 

32 and to the administration of chapter 2001 of this title, including mat33 ters submitted to it for consideration by the Secretary, but it shall not 

34 be required to provide recommendations as to the suitability or desir35 ability of surplus real and related personal property for use as an his36 toric monument. The Board shall also provide recommendations on the 

37 designation of national historic landmarks and national natural land38 marks. The Board is strongly encouraged to consult with the major 

39 scholarly and professional organizations in the appropriate disciplines 

40 in making the recommendations. 


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1 (3) ACTIONS ON REQUEST OF DIRECTOR.—On request of the Direc2 tor, the Board is authorized to— 

3 (A) hold such hearings and sit and act at such times; 

4 (B) take such testimony; 

5 (C) have such printing and binding done; 

6 (D) enter into such contracts and other arrangements; 

7 (E) make such expenditures; and 

8 (F) take such other actions 

9 as the Board may consider advisable. 

10 (4) OATHS OR AFFIRMATIONS.—Any member of the Board may ad11 minister oaths or affirmations to witnesses appearing before the Board. 

12 (5) COMMITTEES AND SUBCOMMITTEES.—The Board may establish 

13 committees or subcommittees. The subcommittees or committees shall 

14 be chaired by a voting member of the Board. 

15 (6) USE OF MAILS.—The Board may use the United States mails in 

16 the same manner and under the same conditions as other departments 

17 and agencies in the United States. 

18 (e) STAFF.—The Secretary may hire 2 full-time staffers to meet the 

19 needs of the Board. 

20 (f) FEDERAL LAW NOT APPLICABLE TO SERVICE.—Service as a member 

21 of the Board shall not be deemed service or employment bringing the indi22 vidual within the provisions of any Federal law relating to conflicts of inter23 est or otherwise imposing restrictions, requirements, or penalties relating to 

24 the employment of individuals, the performance of services, or the payment 

25 or receipt of compensation in connection with claims, proceedings, or mat26 ters involving the United States. Service as a member or an employee of 

27 the Board shall not be deemed service in an appointive or elective position 

28 in the Federal Government for purposes of section 8344 of title 5 or com29 parable provisions of Federal law. 

30 (g) COOPERATION OF FEDERAL AGENCIES.— 

31 (1) INFORMATION.—The Board may secure directly from any office, 

32 department, agency, establishment, or instrumentality of the Federal 

33 Government such information as the Board may require for the pur34 pose of this section, and each office, department, agency, establish35 ment, or instrumentality shall furnish, to the extent permitted by law, 

36 the information, suggestions, estimates, and statistics directly to the 

37 Board, on request made by a member of the Board. 

38 (2) FACILITIES AND SERVICES.—On request of the Board, the head 

39 of any Federal department, agency, or instrumentality may make any 

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1 tality available to the Board, on a nonreimbursable basis, to assist the 

2 Board in carrying out its duties under this section. 

3 (h) FEDERAL ADVISORY COMMITTEE ACT.—The Federal Advisory Com4 mittee Act (5 U.S.C. App.), with the exception of section 14(b), applies to 

5 the Board. 

6 (i) TERMINATION.—The Board continues to exist until January 1, 2010. 

7 § 1039.03. National Park Service Advisory Council 

8 (a) DEFINITIONS.—In this section: 

9 (1) BOARD.—The term ‘‘Board’’ means the National Park System 

10 Advisory Board established under section 1039.02 of this title. 

11 (2) COUNCIL.—The term ‘‘Council’’ means the National Park Serv12 ice Advisory Council established under subsection (b). 

13 (b) ESTABLISHMENT AND PURPOSE.—There is a National Park Service 

14 Advisory Council that shall provide advice and counsel to the Board. 

15 (c) MEMBERSHIP.— 

16 (1) ELIGIBILITY.—Membership on the Council shall be limited to in17 dividuals whose term on the Board has expired. Those individuals may 

18 serve as long as they remain active except that not more than 12 mem19 bers may serve on the Council at any one time. 

20 (2) COMPENSATION.—Members of the Council shall receive no salary 

21 but may be paid expenses incidental to travel when engaged in dis22 charging their duties as members. 

23 (d) VOTING RESTRICTION.—Members of the Council shall not have a vote 

24 on the Board. 

25 § 1039.04. Protecting the right of individuals to bear arms 

26 (a) FINDINGS.—Congress finds the following: 

27 (1) The Second Amendment to the Constitution provides that ‘‘the 

28 right of the people to keep and bear Arms, shall not be infringed’’. 

29 (2) Section 2.4(a)(1) of title 36, Code of Federal Regulations, pro30 vides that ‘‘except as otherwise provided in this section and parts 7 

31 (special regulations) and 13 (Alaska regulations), the following are pro32 hibited: (i) Possessing a weapon, trap or net (ii) Carrying a weapon, 

33 trap or net (iii) Using a weapon, trap or net’’. 

34 (3) The regulations described in paragraph (2) prevent individuals 

35 complying with Federal and State laws from exercising the Second 

36 amendment rights of the individuals while at System units. 

37 (4) The existence of different laws relating to the transportation and 

38 possession of firearms at different System units entrapped law-abiding 

39 gun owners while at System units. 


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1 (5) Although the Bush administration issued new regulations relat2 ing to the Second Amendment rights of law-abiding citizens in System 

3 units that went into effect on January 9, 2009— 

4 (A) on March 19, 2009, the United States District Court for 

5 the District of Columbia granted a preliminary injunction with re6 spect to the implementation and enforcement of the new regula7 tions; and 

8 (B) the new regulations— 

9 (i) are under review by the Obama administration; and 

10 (ii) may be altered. 

11 (6) Congress needs to weigh in on the new regulations to ensure that 

12 unelected bureaucrats and judges cannot again override the Second 

13 Amendment rights of law-abiding citizens on 83,600,000 acres of Sys14 tem land. 

15 (7) Federal laws should make it clear that the Second amendment 

16 rights of an individual at a System unit should not be infringed. 

17 (b) PROTECTING THE RIGHT OF INDIVIDUALS TO BEAR ARMS IN SYS18 TEM UNITS.—The Secretary shall not promulgate or enforce any regulation 

19 that prohibits an individual from possessing a firearm, including an assem20 bled or functional firearm, in any System unit if— 

21 (1) the individual is not otherwise prohibited by law from possessing 

22 the firearm; and 

23 (2) the possession of the firearm is in compliance with the law of 

24 the State in which the System Unit is located. 

25 § 1039.05. Limitation on extension or establishment of na26 tional parks in Wyoming 

27 No extension or establishment of national parks in Wyoming may be un28 dertaken except by express authorization of Congress. 

29 § 1039.06. Donations of land near or adjacent to national for30 est in North Carolina for System unit purposes 

31 The Secretary may accept for System unit purposes any land and right32 of-way, including the Grandfather Mountain, near or adjacent to the na33 tional forest in western North Carolina. 

34 DIVISION B—OUTDOOR RECREATION 

35 PROGRAMS 

36 CHAPTER 1051—COORDINATION OF PROGRAMS 

Sec. 

1051.01. Definitions. 

1051.02. Findings and declaration of policy. 

1051.03. Powers and duties of Secretary. 

1051.04. Consultations of Secretary with administrative officers; execution of administrative 

responsibilities in conformity with nationwide plan. 


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1 § 1051.01. Definitions 

2 As used in this chapter: 

3 (1) STATE.—The term ‘‘State’’ may, to the extent practicable, in4 clude Puerto Rico, the Virgin Islands, Guam, American Samoa, and the 

5 Northern Mariana Islands. 

6 (2) UNITED STATES.—The term ‘‘United States’’— 

7 (A) shall include the District of Columbia; and 

8 (B) may, to the extent practicable, include Puerto Rico, the Vir9 gin Islands, Guam, American Samoa, and the Northern Mariana 

10 Islands. 

11 § 1051.02. Findings and declaration of policy 

12 Congress finds and declares it to be desirable that— 

13 (1) all American people of present and future generations be assured 

14 adequate outdoor recreation resources; and 

15 (2) it is desirable for all levels of government and private interests 

16 to take prompt and coordinated action to the extent practicable without 

17 diminishing or affecting their respective powers and functions to con18 serve, develop, and utilize those resources for the benefit and enjoyment 

19 of the American people. 

20 § 1051.03. Powers and duties of Secretary 

21 To carry out this chapter, the Secretary may perform the following func22 tions and activities: 

23 (1) INVENTORY AND EVALUATION.—The Secretary may prepare and 

24 maintain a continuing inventory and evaluation of outdoor recreation 

25 needs and resources of the United States. 

26 (2) CLASSIFICATION SYSTEM.—The Secretary may prepare a system 

27 for classification of outdoor recreation resources to assist in the effec28 tive and beneficial use and management of such resources. 

29 (3) RECREATION PLAN.—The Secretary may formulate and maintain 

30 a comprehensive nationwide outdoor recreation plan, taking into consid31 eration the plans of the various Federal agencies, States, and their po32 litical subdivisions. The plan shall set forth the needs and demands of 

33 the public for outdoor recreation and the current and foreseeable avail34 ability in the future of outdoor recreation resources to meet those 

35 needs. The plan shall identify critical outdoor recreation problems, rec36 ommend solutions, and recommend desirable actions to be taken at 

37 each level of government and by private interests. The Secretary shall 

38 submit the plan to the President for transmittal to Congress. Revisions 

39 of the plan shall be similarly transmitted at succeeding 5-year intervals. 

40 When a plan or revision is transmitted to the Congress, the Secretary 

41 shall transmit copies to the chief executive officers of the States. 


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1 (4) TECHNICAL ASSISTANCE AND ADVICE.—The Secretary may pro2 vide technical assistance and advice to and cooperate with States, polit3 ical subdivisions, and private interests, including nonprofit organiza4 tions, with respect to outdoor recreation. 

5 (5) INTERSTATE AND REGIONAL COOPERATION.—The Secretary may 

6 encourage interstate and regional cooperation in the planning, acquisi7 tion, and development of outdoor recreation resources. 

8 (6) RESEARCH, INFORMATION, AND EDUCATION PROGRAMS AND AC9 TIVITIES.—The Secretary may— 

10 (A) sponsor, engage in, and assist in research relating to out11 door recreation, directly or by contract or cooperative agreements, 

12 and make payments for such purposes without regard to the limi13 tations of section 3324(a) and (b) of title 31 concerning advances 

14 of funds when the Secretary considers such action to be in the 

15 public interest; 

16 (B) undertake studies and assemble information concerning out17 door recreation, directly or by contract or cooperative agreement, 

18 and disseminate the information without regard to section 3204 of 

19 title 39; and 

20 (C) cooperate with educational institutions and others to assist 

21 in establishing education programs and activities and to encourage 

22 public use and benefits from outdoor recreation. 

23 (7) COOPERATION AND COORDINATION WITH FEDERAL DEPART24 MENTS AND AGENCIES.— 

25 (A) IN GENERAL.—The Secretary may— 

26 (i) cooperate with and provide technical assistance to Fed27 eral departments and agencies and obtain from them informa28 tion, data, reports, advice, and assistance that are needed and 

29 can reasonably be furnished in carrying out the purposes of 

30 this chapter; and 

31 (ii) promote coordination of Federal plans and activities 

32 generally relating to outdoor recreation. 

33 (B) FUNDING.—Any department or agency furnishing advice or 

34 assistance under this paragraph may expend its own funds for 

35 those purposes, with or without reimbursement, as may be agreed 

36 to by that department or agency. 

37 (8) DONATIONS.—The Secretary may accept and use donations of 

38 money, property, personal services, or facilities for the purposes of this 

39 chapter. 


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1 § 1051.04. Consultations of Secretary with administrative of2 ficers; execution of administrative responsibilities 

3 in conformity with nationwide plan 

4 To carry out the policy declared in section 1051.02 of this title, the heads 

5 of Federal departments and independent agencies having administrative re6 sponsibility over activities or resources the conduct or use of which is perti7 nent to fulfillment of that policy shall, individually or as a group— 

8 (1) consult with and be consulted by the Secretary from time to time 

9 both with respect to their conduct of those activities and their use of 

10 those resources and with respect to the activities that the Secretary 

11 carries on under authority of this chapter which are pertinent to their 

12 work; and 

13 (2) carry out that responsibility in general conformance with the na14 tionwide plan authorized under section 1051.03(3) of this title. 

15 CHAPTER 1053—LAND AND WATER CONSERVATION 

16 FUND 

Sec. 

1053.01. Purposes. 

1053.02. Definitions. 

1053.03. Establishment of Land and Water Conservation Fund. 

1053.04. Appropriations for expenditure of Fund amounts. 

1053.05. Admission and special recreation use fees. 

1053.06. Commercial filming. 

1053.07. Statement of estimated requirements. 

1053.08. Financial assistance to States. 

1053.09. Allocation of Fund amounts for Federal purposes. 

1053.10. Availability of Fund amounts for publicity purposes. 

1053.11. Contracts for acquisition of land and water. 

1053.12. Contracts for options to acquire land and water in System. 

1053.13. Transfers to and from Fund. 

17 § 1053.01. Purposes 

18 The purposes of this chapter are— 

19 (1) to assist in preserving, developing, and ensuring accessibility to 

20 all citizens of the United States of present and future generations and 

21 visitors who are lawfully present within the boundaries of the United 

22 States such quality and quantity of outdoor recreation resources as 

23 may be available and are necessary and desirable for individual active 

24 participation in such recreation; and 

25 (2) to strengthen the health and vitality of the citizens of the United 

26 States by— 

27 (A) providing funds for and authorizing Federal assistance to 

28 the States in planning, acquisition, and development of needed 

29 land and water areas and facilities; and 

30 (B) providing funds for the Federal acquisition and development 

31 of certain land and other areas. 


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1 § 1053.02. Definitions 

2 In this chapter: 

3 (1) FUND.—The term ‘‘Fund’’ means the Land and Water Con4 servation Fund established under section 1053.03 of this title. 

5 (2) STATE.—The term ‘‘State’’ means a State, the District of Co6 lumbia, Puerto Rico, the Virgin Islands, Guam, American Samoa, and 

7 the Northern Mariana Islands. 

8 § 1053.03. Establishment of Land and Water Conservation 

9 Fund 

10 (a) ESTABLISHMENT.—There is established in the Treasury the Land 

11 and Water Conservation Fund. 

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

13 shall be deposited in the Fund the following revenues and collections: 

14 (1) All proceeds (except so much thereof as may be otherwise obli15 gated, credited, or paid under authority of the provisions of law set 

16 forth in section 572(a) or 574(a) to (c) of title 40 or under authority 

17 of any appropriation Act that appropriates an amount, to be derived 

18 from proceeds from the transfer of excess property and the disposal of 

19 surplus property, for necessary expenses, not otherwise provided for, in20 cident to the utilization and disposal of excess and surplus property) 

21 received from any disposal of surplus real property and related personal 

22 property under chapter 5 of title 40, notwithstanding any provision of 

23 law that such proceeds shall be credited to miscellaneous receipts of the 

24 Treasury. Nothing in this chapter shall affect existing laws or regula25 tions concerning disposal of real or personal surplus property to 

26 schools, hospitals, and States and their political subdivisions. 

27 (2) The amounts provided for in section 1053.13 of this title. 

28 (c) AUTHORIZATION OF APPROPRIATIONS.— 

29 (1) IN GENERAL.—In addition to the sum of the revenues and collec30 tions estimated by the Secretary to be deposited in the Fund pursuant 

31 to this section, there are authorized to be appropriated annually to the 

32 Fund out of any money in the Treasury not otherwise appropriated 

33 such amounts as are necessary to make the income of the Fund not 

34 less than $900,000,000 for each fiscal year through September 30, 

35 2015. 

36 (2) RECEIPTS UNDER OUTER CONTINENTAL SHELF LANDS ACT.—To 

37 the extent that amount appropriated under paragraph (1) are not suffi38 cient to make the total annual income of the Fund equivalent to the 

39 amounts provided in paragraph (1), an amount sufficient to cover the 

40 remainder shall be credited to the Fund from revenues due and payable 

41 to the United States for deposit in the Treasury as miscellaneous reVerDate Mar 15 2010 20:20 Jun 09, 2011 Jkt 099200 PO 00000 Frm 00092 Fmt 6652 Sfmt 6221 E:\BILLS\H1950.IH H1950

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1 ceipts under the Outer Continental Shelf Lands Act (43 U.S.C. 1331 

2 et seq.). 

3 (3) AVAILABILITY OF DEPOSITS.—Notwithstanding section 1053.03 

4 of this title, money deposited in the Fund under this subsection shall 

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

6 chapter. 

7 § 1053.04. Appropriations for expenditure of Fund amounts 

8 Amounts deposited in the Fund shall be available for expenditure for the 

9 purposes of this chapter only when appropriated therefor. The appropria10 tions may be made without fiscal-year limitation. Amounts made available 

11 for obligation or expenditure from the Fund may be obligated or expended 

12 only as provided in this chapter. 

13 § 1053.05. Admission and special recreation use fees 

14 (a) SYSTEM UNITS AT WHICH ENTRANCE FEES OR ADMISSIONS FEES

15 CANNOT BE COLLECTED.— 

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

17 the Department of the Interior and Related Agencies Appropriations 

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

19 withhold from the special account under section 807(a) of the Federal 

20 Lands Recreation Enhancement Act (16 U.S.C. 6806(a)) 100 percent 

21 of the fees and charges collected in connection with any System unit 

22 at which entrance fees or admission fees cannot be collected by reason 

23 of deed restrictions. 

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

25 be retained by the Secretary and shall be available, without further ap26 propriation, for expenditure by the Secretary for the System unit with 

27 respect to which the amounts were collected for the purposes of en28 hancing the quality of the visitor experience, protection of resources, 

29 repair and maintenance, interpretation, signage, habitat or facility en30 hancement, resource preservation, annual operation (including fee col31 lection), maintenance, and law enforcement. 

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

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

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

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

36 manner to be determined by the Director. 

37 (2) ALLOCATION OF FUNDS BASED ON EXPENSES AND BASED ON

38 FEES COLLECTED.— 

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

40 to the Director under subsection (a) in each fiscal year shall be 

41 allocated among System units in accordance with subparagraph 


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1 (B) of this subsection and 50 percent shall be allocated in accord2 ance with subparagraph (C). 

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

4 to each System unit under this paragraph for each fiscal year 

5 based on expenses shall be a fraction of the total allocation to all 

6 System units under this paragraph. The fraction for each System 

7 unit shall be determined by dividing the operating expenses at that 

8 System unit during the prior fiscal year by the total operating ex9 penses at all System units during the prior fiscal year. 

10 (C) ALLOCATION BASED ON FEES COLLECTED.—The amount 

11 allocated to each System unit under this paragraph for each fiscal 

12 year based on fees collected shall be a fraction of the total alloca13 tion to all System units under this paragraph. The fraction for 

14 each System unit shall be determined by dividing the user fees and 

15 admission fees collected under this section at that System unit 

16 during the prior fiscal year by the total of user fees and admission 

17 fees collected under this section at all System units during the 

18 prior fiscal year. 

19 (3) AVAILABILITY OF AMOUNTS.—Amounts allocated under this sub20 section to any System unit for any fiscal year and not expended in that 

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

22 until expended. 

23 (c) SELLING OF PERMITS.— 

24 (1) AUTHORITY TO SELL PERMITS.—When authorized by the Sec25 retary, volunteers at System units may sell permits and collect fees au26 thorized or established pursuant to this section. The Secretary shall en27 sure that the volunteers have adequate training regarding— 

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

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

30 they are assigned; and 

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

32 System unit. 

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

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

35 Funds available to the Service may be used to cover the cost of the 

36 surety bond. The Secretary may enter into arrangements with qualified 

37 public or private entities pursuant to which the entities may sell (with38 out cost to the United States) annual admission permits (including 

39 Golden Eagle Passports) at any appropriate location. The arrange40 ments shall require each such entity to reimburse the United States for 


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1 the full amount to be received from the sale of the permits at or before 

2 the Secretary delivers the permits to the entity for sale. 

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

4 SYSTEM UNITS.— 

5 (1) CHARGE WHEN TRANSPORTATION PROVIDED.—Where the Serv6 ice provides transportation to view all or a portion of any System unit, 

7 the Director may impose a charge for the service in lieu of an admis8 sion fee under this section. 

9 (2) RETENTION OF CHARGE AND USE OF RETAINED AMOUNT.—Not10 withstanding any other provision of law, half of the charges imposed 

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

12 service was provided. The remainder shall be deposited in the same 

13 manner as receipts from fees collected pursuant to this section. Fifty 

14 percent of the amount retained shall be expended only for maintenance 

15 of transportation systems at the System unit where the charge was im16 posed. The remaining 50 percent of the retained amount shall be ex17 pended only for activities related to resource protection at those System 

18 units. 

19 (e) ADMISSION FEES.—Where the primary public access to a System unit 

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

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

22 the concessioner for access to the System unit and the admission fee does 

23 not exceed the maximum amount of the admission fee thate could otherwise 

24 be imposed. 

25 (f) COMMERCIAL TOUR USE FEES.— 

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

27 admission fee is charged under this section, the Secretary shall estab28 lish a commercial tour use fee to be imposed on each vehicle entering 

29 the System unit for the purpose of providing commercial tour services 

30 within the System unit. 

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

32 entry as follows: 

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

34 25 individual or less. 

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

36 than 25 individuals. 

37 (3) ADJUSTMENTS.—The Secretary may periodically make reason38 able adjustments to the commercial tour use fee imposed under this 

39 subsection. 

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

41 under this subsection shall not apply to the following: 


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

2 conducted for educational purposes by schools or other bona fide 

3 educational institutions. 

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

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

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

7 the airspace of— 

8 (A) Haleakala ̄ Crater, Crater Cabins, the Scientific Research 

9 Reserve, Halemauu Trail, Kaupo Gap Trail, or any designated 

10 tourist viewpoint in Haleakala ̄ National Park or of Grand Canyon 

11 National Park; or 

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

13 commercial tour services if the Secretary determines that the level 

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

15 units specified in subparagraph (A). 

16 § 1053.06. Commercial filming 

17 (a) COMMERCIAL FILMING FEE.— 

18 (1) IN GENERAL.—The Secretary shall require a permit and shall es19 tablish a reasonable fee for commercial filming activities or similar 

20 projects on Federal land administered by the Secretary. The fee shall 

21 provide a fair return to the United States and shall be based on the 

22 following criteria: 

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

24 takes place on Federal land under the Secretary’s jurisdiction. 

25 (B) The size of the film crew present on Federal land under the 

26 Secretary’s jurisdiction. 

27 (C) The amount and type of equipment present. 

28 (2) OTHER FACTORS TO BE INCLUDED.—The Secretary may include 

29 other factors in determining an appropriate fee as the Secretary con30 siders necessary. 

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

32 as a result of filming activities or similar project, including administrative 

33 and personnel costs. All costs recovered shall be in addition to the fee as34 sessed in subsection (a). 

35 (c) STILL PHOTOGRAPHY.— 

36 (1) IN GENERAL.—Except as provided in paragraph (2), the Sec37 retary shall not require a permit or assess a fee for still photography 

38 on land administered by the Secretary if the photography takes place 

39 where members of the public are generally allowed. The Secretary may 

40 require a permit, fee, or both, if the photography takes place at other 


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1 locations where members of the public are generally not allowed, or 

2 where additional administrative costs are likely. 

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

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

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

6 facilities. 

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

8 filming, still photography or other related activity if the Secretary deter9 mines that— 

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

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

12 and enjoyment of the site; or 

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

14 (e) USE OF PROCEEDS.— 

15 (1) IN GENERAL.—All fees collected under this section shall be avail16 able for expenditure by the Secretary, without further appropriation, in 

17 accordance with the formula and purposes established for the Rec18 reational Fee Demonstration Program authorized by section 315 of the 

19 Department of the Interior and Related Agencies Appropriations Act, 

20 1996 (110 Stat. 1321–200). All fees collected shall remain available 

21 until expended. 

22 (2) AVAILABLE FOR EXPENDITURE WHERE COLLECTED.—All costs 

23 recovered under this section shall be available for expenditure by the 

24 Secretary, without further appropriation, at the site where collected. All 

25 costs recovered shall remain available until expended. 

26 (f) PROCESSING OF PERMIT APPLICATIONS.—The Secretary shall estab27 lish a process to ensure that permit applicants for commercial filming, still 

28 photography, or other activity are responded to in a timely manner. 

29 § 1053.07. Statement of estimated requirements 

30 There shall be submitted with the annual budget of the United States a 

31 comprehensive statement of estimated requirements during the ensuing fis32 cal year for appropriations from the Fund. Not less than 40 percent of such 

33 appropriations shall be available for Federal purposes. 

34 § 1053.08. Financial assistance to States 

35 (a) AUTHORITY OF SECRETARY TO MAKE PAYMENTS.—The Secretary 

36 may provide financial assistance to the States from amounts available for 

37 State purposes. Payments may be made to the States by the Secretary as 

38 provided in this section, subject to such terms and conditions as the Sec39 retary considers appropriate and in the public interest to carry out the pur40 poses of this chapter, for outdoor recreation: 

41 (1) Planning. 


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1 (2) Acquisition of land, water, or interests in land or water. 

2 (3) Development. 

3 (b) APPORTIONMENT AMONG STATES.—Amounts appropriated and avail4 able for State purposes for each fiscal year shall be apportioned among the 

5 States by the Secretary, whose determination shall be final, in accordance 

6 with the following formula: 

7 (1) Forty percent of the first $225,000,000; 30 percent of the next 

8 $275,000,000; and 20 percent of all additional appropriations shall be 

9 apportioned equally among the States. 

10 (2) At any time, the remaining appropriation shall be apportioned 

11 on the basis of need to individual States by the Secretary in such 

12 amounts as in the Secretary’s judgment will best accomplish the pur13 poses of this chapter. The determination of need shall include a consid14 eration of—– 

15 (A) the proportion that the population of each State bears to 

16 the total population of the United States; 

17 (B) of the use of outdoor recreation resources of individual 

18 States by persons from outside the State; and 

19 (C) the Federal resources and programs in the particular 

20 States. 

21 (3) The total allocation to an individual State under paragraphs (1) 

22 and (2) shall not exceed 10 percent of the total amount allocated to 

23 the States in any one year. 

24 (4) The Secretary shall notify each State of its apportionments. The 

25 amounts shall be available for payment to the State for planning, ac26 quisition, or development projects as prescribed. Any amount of any 

27 apportionment that has not been paid or obligated by the Secretary 

28 during the fiscal year in which the notification is given and for 2 fiscal 

29 years thereafter shall be reapportioned by the Secretary in accordance 

30 with paragraph (2) without regard to the 10 percent limitation to an 

31 individual State specified in this subsection. 

32 (5) For the purposes of paragraph (1), the District of Columbia, 

33 Puerto Rico, the Virgin Islands, Guam, American Samoa, and the 

34 Northern Mariana Islands shall be deemed to be one State, and shall 

35 receive shares of the apportionment in proportion to their populations.. 

36 (c) MATCHING REQUIREMENTS.—Payments to any State shall cover not 

37 more than 50 percent of the cost of planning, acquisition, or development 

38 projects that are undertaken by the State. The remaining share of the cost 

39 shall be borne by the State in a manner and with funds or services as shall 

40 be satisfactory to the Secretary. 

41 (d) COMPREHENSIVE STATE PLAN.— 


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1 (1) REQUIRED FOR CONSIDERATION OF FINANCIAL ASSISTANCE.—A 

2 comprehensive statewide outdoor recreation plan shall be required prior 

3 to the consideration by the Secretary of financial assistance for acquisi4 tion or development projects. The plan shall be adequate if, in the judg5 ment of the Secretary, it encompasses and will promote the purposes 

6 of this chapter. No plan shall be approved unless the chief executive 

7 officer of the State certifies that ample opportunity for public partici8 pation in plan development and revision has been accorded. The Sec9 retary shall develop, in consultation with others, criteria for public par10 ticipation, which criteria shall constitute the basis for the certification 

11 by the chief executive officer. The plan shall contain— 

12 (A) the name of the State agency that will have authority to 

13 represent and act for the State in dealing with the Secretary for 

14 purposes of this chapter; 

15 (B) an evaluation of the demand for and supply of outdoor 

16 recreation resources and facilities in the State; 

17 (C) a program for the implementation of the plan; and 

18 (D) other necessary information, as determined by the Sec19 retary. 

20 (2) FACTORS TO BE CONSIDERED.—The plan shall take into account 

21 relevant Federal resources and programs and shall be correlated so far 

22 as practicable with other State, regional, and local plans. Where there 

23 exists or is in preparation for any particular State a comprehensive 

24 plan financed in part with funds supplied by the Secretary of Housing 

25 and Urban Development, any statewide outdoor recreation plan pre26 pared for purposes of this part shall be based upon the same popu27 lation, growth, and other pertinent factors as are used in formulating 

28 plans financed by the Secretary of Housing and Urban Development. 

29 (3) PROVISION OF ASSISTANCE WHEN PLAN NOT OTHERWISE AVAIL30 ABLE OR TO MAINTAIN PLAN.—The Secretary may provide financial as31 sistance to any State for projects for the preparation of a comprehen32 sive statewide outdoor recreation plan when the plan is not otherwise 

33 available or for the maintenance of the plan. 

34 (4) WETLANDS.—A comprehensive statewide outdoor recreation plan 

35 shall specifically address wetlands within the State as an important 

36 outdoor recreation resource as a prerequisite to approval, except that 

37 a revised comprehensive statewide outdoor recreation plan shall not be 

38 required by the Secretary, if a State submits, and the Secretary, acting 

39 through the Director, approves, as a part of and as an addendum to 

40 the existing comprehensive statewide outdoor recreation plan, a wet41 lands priority plan developed in consultation with the State agency with 


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1 responsibility for fish and wildlife resources and consistent with the na2 tional wetlands priority conservation plan developed under section 301 

3 of the Emergency Wetlands Resources Act of 1986 (16 U.S.C. 3921) 

4 or, if the national plan has not been completed, consistent with the pro5 visions of that section. 

6 (e) PROJECTS FOR LAND AND WATER ACQUISITION.— 

7 (1) IN GENERAL.—In addition to assistance for planning projects, 

8 the Secretary may provide financial assistance to any State for the 

9 types of projects described in paragraphs (2) and (3), or combinations 

10 of those projects, if the projects are in accordance with the State com11 prehensive plan. 

12 (2) ACQUISITION OF LAND OR WATER.— 

13 (A) IN GENERAL.—Under paragraph (1), the Secretary may 

14 provide financial assistance for a project for the acquisition of 

15 land, water, or an interest in land or water, or a wetland area or 

16 an interest in a wetland area, as identified in the wetlands provi17 sions of the comprehensive plan (other than land, water, or an in18 terest in land or water acquired from the United States for less 

19 than fair market value), but not including incidental costs relating 

20 to acquisition. 

21 (B) RETENTION OF RIGHT OF USE AND OCCUPANCY.—When a 

22 State provides that the owner of a single-family residence may, at 

23 the owner’s option, elect to retain a right of use and occupancy 

24 for not less than 6 months after the date of acquisition of the resi25 dence and the owner elects to retain such a right— 

26 (i) the owner shall be deemed to have waived any benefits 

27 under sections 203 to 206 of the Uniform Relocation Assist28 ance and Real Property Acquisition Policies Act of 1970 (42 

29 U.S.C. 4623 to 4626); and 

30 (ii) for the purposes of those sections the owner shall not 

31 be deemed to be a displaced person as defined in section 101 

32 of that Act (42 U.S.C. 4601). 

33 (3) DEVELOPMENT OF BASIC OUTDOOR RECREATION FACILITIES.— 

34 Under paragraph (1), the Secretary may provide financial assistance 

35 for a project for development of basic outdoor recreation facilities to 

36 serve the general public, including the development of Federal land 

37 under lease to States for terms of 25 years or more. No assistance 

38 shall be available under this chapter to enclose or shelter facilities nor39 mally used for outdoor recreation activities, but the Secretary may per40 mit local funding, and not to exceed 10 percent of the total amount 

41 allocated to a State in any one year, to be used for sheltered facilities 


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1 for swimming pools and ice skating rinks in areas where the Secretary 

2 determines that the severity of climatic conditions and the increased 

3 public use thereby made possible justifies the construction of the facili4 ties. 

5 (f) PAYMENTS.— 

6 (1) CRITERIA FOR MAKING PAYMENTS.—The Secretary may make a 

7 payment to a State only for a planning, acquisition, or development 

8 project that is approved by the Secretary. The Secretary shall not make 

9 a payment for or on account of any project with respect to which finan10 cial assistance has been given or promised under any other Federal 

11 program or activity, and no financial assistance shall be given under 

12 any other Federal program or activity for or on account of any project 

13 with respect to which the assistance has been given or promised under 

14 this chapter. The Secretary may make payments from time to time in 

15 keeping with the rate of progress toward the satisfactory completion of 

16 a project. The approval of all projects and all payments, or any com17 mitments relating thereto, shall be withheld until the Secretary receives 

18 appropriate written assurance from the State that the State has the 

19 ability and intention to finance its share of the cost of all of the 

20 projects, and to operate and maintain by acceptable standards, at State 

21 expense, the properties or facilities acquired or developed for public 

22 outdoor recreation use. 

23 (2) PAYMENT RECIPIENTS.—Payments for all projects shall be made 

24 by the Secretary to the chief executive officer of the State or to a State 

25 official or agency designated by the chief executive officer or by State 

26 law having authority and responsibility to accept and to administer 

27 funds paid under this section for approved projects. If consistent with 

28 an approved project, funds may be transferred by the State to a polit29 ical subdivision or other appropriate public agency. 

30 (g) CONVERSION TO OTHER THAN PUBLIC OUTDOOR RECREATION

31 USE.—No property acquired or developed with assistance under this section 

32 shall, without the approval of the Secretary, be converted to other than pub33 lic outdoor recreation use. The Secretary shall approve a conversion only if 

34 the Secretary finds it to be in accordance with the then-existing comprehen35 sive statewide outdoor recreation plan and only on such conditions as the 

36 Secretary considers necessary to ensure the substitution of other recreation 

37 properties of at least equal fair market value and of reasonably equivalent 

38 usefulness and location. Wetland areas and interests therein as identified in 

39 the wetlands provisions of the comprehensive plan and proposed to be ac40 quired as suitable replacement property within the same State that is other41 wise acceptable to the Secretary, acting through the Director, shall be 


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1 deemed to be of reasonably equivalent usefulness with the property proposed 

2 for conversion. 

3 (h) REPORTS AND ACCOUNTING PROCEDURES.—No payment shall be 

4 made to any State until the State has agreed to— 

5 (1) provide such reports to the Secretary in such form and con6 taining such information as may be reasonably necessary to enable the 

7 Secretary to perform the Secretary’s duties under this chapter; and 

8 (2) provide such fiscal control and fund accounting procedures as 

9 may be necessary to ensure proper disbursement and accounting for 

10 Federal funds paid to the State under this chapter. 

11 (i) RECORDS.—A recipient of assistance under this chapter shall keep 

12 such records as the Secretary shall prescribe, including records that fully 

13 disclose— 

14 (1) the amount and the disposition by the recipient of the proceeds 

15 of the assistance; 

16 (2) the total cost of the project or undertaking in connection with 

17 which the assistance is given or used; and 

18 (3) the amount and nature of that portion of the cost of the project 

19 or undertaking supplied by other sources, and such other records as 

20 will facilitate an effective audit. 

21 (j) ACCESS TO RECORDS.—The Secretary, and the Comptroller General, 

22 or any of their duly authorized representatives, shall have access for the 

23 purpose of audit and examination to any records of the recipient that are 

24 pertinent to assistance received under this chapter. 

25 (k) PROHIBITION OF DISCRIMINATION.—With respect to property ac26 quired or developed with assistance from the Fund, discrimination on the 

27 basis of residence, including preferential reservation or membership systems, 

28 is prohibited except to the extent that reasonable differences in admission 

29 and other fees may be maintained on the basis of residence. 

30 (l) COORDINATION WITH FEDERAL AGENCIES.—To ensure consistency in 

31 policies and actions under this chapter with other related Federal programs 

32 and activities and to ensure coordination of the planning, acquisition, and 

33 development assistance to States under this section with other related Fed34 eral programs and activities— 

35 (1) the President may issue such regulations with respect thereto as 

36 the President considers desirable; and 

37 (2) the assistance may be provided only in accordance with the regu38 lations. 

39 (m) CAPITAL IMPROVEMENT AND OTHER PROJECTS TO REDUCE

40 CRIME.— 


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1 (1) AVAILABILITY AND PURPOSE OF FUNDS.—In addition to assist2 ance for planning projects, and in addition to the projects identified in 

3 subsection (e), and from amounts appropriated out of the Violent 

4 Crime Reduction Trust Fund, the Secretary may provide financial as5 sistance to the States, not to exceed $15,000,000, for projects or com6 binations thereof for the purpose of making capital improvements and 

7 other measures to increase safety in urban parks and recreation areas, 

8 including funds to— 

9 (A) increase lighting within or adjacent to public parks and 

10 recreation areas; 

11 (B) provide emergency telephone lines to contact law enforce12 ment or security personnel in areas within or adjacent to public 

13 parks and recreation areas; 

14 (C) increase security personnel within or adjacent to public 

15 parks and recreation areas; and 

16 (D) fund any other project intended to increase the security and 

17 safety of public parks and recreation areas. 

18 (2) ELIGIBILITY.—In addition to the requirements for project ap19 proval imposed by this section, eligibility for assistance under this sub20 section shall depend on a showing of need. In providing funds under 

21 this subsection, the Secretary shall give priority to projects proposed 

22 for urban parks and recreation areas with the highest rates of crime 

23 and, in particular, to urban parks and recreation areas with the highest 

24 rates of sexual assault. 

25 (3) FEDERAL SHARE.—Notwithstanding subsection (c), the Sec26 retary may provide 70 percent improvement grants for projects under27 taken by a State for the purposes described in this subsection. 

28 § 1053.09. Allocation of Fund amounts for Federal purposes 

29 (a) ALLOWABLE PURPOSES AND SUBPURPOSES.— 

30 (1) IN GENERAL.—Amounts appropriated from the Fund for Federal 

31 purposes shall, unless otherwise allotted in the appropriation Act mak32 ing them available, be allotted by the President for the purposes and 

33 subpurposes stated in this subsection. 

34 (2) ACQUISITION OF LAND, WATER, OR AN INTEREST IN LAND OR

35 WATER.— 

36 (A) SYSTEM UNITS AND RECREATION AREAS ADMINISTERED

37 FOR RECREATION PURPOSES.—Amounts shall be allotted for the 

38 acquisition of land, water, or an interest in land or water within 

39 the exterior boundary of— 

40 (i) a System unit authorized or established; and 


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1 (ii) an area authorized to be administered by the Secretary 

2 for outdoor recreation purposes. 

3 (B) NATIONAL FOREST SYSTEM.— 

4 (i) IN GENERAL.—Amounts shall be allotted for the acqui5 sition of land, water, or an interest in land or water within 

6 inholdings within— 

7 (I) wilderness areas of the National Forest System; 

8 and 

9 (II) other areas of national forests as the boundaries 

10 of those forests existed on January 1, 1965, or purchase 

11 units approved by the National Forest Reservation Com12 mission subsequent to January 1, 1965, all of which 

13 other areas are primarily of value for outdoor recreation 

14 purposes. 

15 (ii) ADJACENT LAND.—Land outside but adjacent to an ex16 isting national forest boundary, not to exceed 3,000 acres in 

17 the case of any one forest, that would comprise an integral 

18 part of a forest recreational management area may also be 

19 acquired with amounts appropriated from the Fund. 

20 (iii) LIMITATION.—Except for areas specifically authorized 

21 by Act of Congress, not more than 15 percent of the acreage 

22 added to the National Forest System pursuant to this section 

23 shall be west of the 100th meridian. 

24 (C) ENDANGERED SPECIES AND THREATENED SPECIES; FISH

25 AND WILDLIFE REFUGE AREAS; NATIONAL WILDLIFE REFUGE SYS26 TEM.—Amounts shall be allotted for the acquisition of land, water, 

27 or an interest in land or water for— 

28 (i) endangered species and threatened species authorized 

29 under section 5(a) of the Endangered Species Act of 1973 

30 (16 U.S.C. 1534(a)); 

31 (ii) areas authorized by section 2 of the Refuge Recreation 

32 Act (16 U.S.C. 460k–1); 

33 (iii) national wildlife refuge areas under section 7(a)(4) of 

34 the Fish and Wildlife Act of 1956 (16 U.S.C. 742f(a)(4)) and 

35 wetlands acquired under section 304 of the Emergency Wet36 lands Resources Act of 1986 (16 U.S.C. 3922); and 

37 (iv) any area authorized for the National Wildlife Refuge 

38 System by specific Acts. 

39 (3) PAYMENT AS OFFSET OF CAPITAL COSTS.—Amounts shall be al40 lotted for payment into miscellaneous receipts of the Treasury as a par41 tial offset for capital costs, if any, of Federal water development 


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1 projects authorized to be constructed by or pursuant to an Act of Con2 gress that are allocated to public recreation and the enhancement of 

3 fish and wildlife values and financed through appropriations to water 

4 resource agencies. 

5 (4) AVAILABILITY OF APPROPRIATIONS.—Appropriations allotted for 

6 the acquisition of land, water, or an interest in land or water as set 

7 forth under subparagraphs (A) and (B) of paragraph (2) shall be avail8 able for those acquisitions notwithstanding any statutory ceiling on the 

9 appropriations contained in any other provision of law enacted prior to 

10 January 4, 1977, or, in the case of national recreation areas, prior to 

11 January 15, 1979, except that for any such area expenditures shall not 

12 exceed a statutory ceiling during any one fiscal year by 10 percent of 

13 the ceiling or $1,000,000, whichever is greater. 

14 (b) ACQUISITION RESTRICTIONS.—Appropriations from the Fund pursu15 ant to this section shall not be used for acquisition unless the acquisition 

16 is otherwise authorized by law. Appropriations from the Fund may be used 

17 for preacquisition work where authorization is imminent and where substan18 tial monetary savings could be realized. 

19 (c) BOUNDARY CHANGES IN SYSTEM UNITS.— 

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

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

22 interpretation, or management of a System unit, the Secretary may, 

23 following timely notice in writing to the Committee on Natural Re24 sources of the House of Representatives and the Committee on Energy 

25 and Natural Resources of the Senate of the Secretary’s intention to do 

26 so, and by publication of a revised boundary map or other description 

27 in the Federal Register— 

28 (A) make minor revisions of the boundary of the System unit, 

29 and amounts appropriated from the Fund shall be available for ac30 quisition of any land, water, and interests in land or water added 

31 to the System unit by the boundary revision subject to such statu32 tory limitations, if any, on methods of acquisition and appropria33 tions thereof as may be specifically applicable to the System unit; 

34 and 

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

36 from any other Federal agency, or exchange, land, water, or inter37 ests in land or water adjacent to the System unit, except that in 

38 exercising the Secretary’s authority under this subparagraph the 

39 Secretary— 

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

41 System to acquire land by exchange; 


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

2 owner; and 

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

4 subdivision of a State only by donation. 

5 (2) CONSULTATION.—Prior to making a determination under this 

6 subsection, the Secretary shall consult with the governing body of the 

7 county, city, town, or other jurisdiction or jurisdictions having primary 

8 taxing authority over the land or interest to be acquired as to the im9 pacts of the proposed action. 

10 (3) ACTION TO ADVANCE LOCAL PUBLIC AWARENESS.—The Sec11 retary shall take such steps as the Secretary considers appropriate to 

12 advance local public awareness of the proposed action. 

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

14 in land or water acquired in accordance with this subsection shall be 

15 administered as part of the System unit to which they are added, sub16 ject to the laws and regulations applicable thereto. 

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

18 (1)(A), in all cases except the case of technical boundary revisions (re19 sulting from such causes as survey error or changed road alignments), 

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

21 if each of the following conditions is met: 

22 (A) The sum of the total acreage of the land, water, and inter23 ests in land or water to be added to the System unit and the total 

24 acreage of the land, water, and interests in land or water to be 

25 deleted from the System unit is not more than 5 percent of the 

26 total Federal acreage authorized to be included in the System unit 

27 and is less than 200 acres. 

28 (B) The acquisition, if any, is not a major Federal action sig29 nificantly affecting the quality of the human environment, as de30 termined by the Secretary. 

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

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

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

34 water to be deleted from the System unit does not exceed 

35 $750,000. 

36 (D) The proposed boundary revision is not an element of a more 

37 comprehensive boundary modification proposal. 

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

39 and comment period. 

40 (F) The Director obtains written consent for the boundary 

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1 ests in land or water, or a portion of whose land, water, or inter2 ests in land or water, will be added to or deleted from the System 

3 unit by the boundary modification. 

4 (G) The land abuts other Federal land administered by the Di5 rector. 

6 (6) ACT OF CONGRESS REQUIRED.—Minor boundary revisions involv7 ing only deletions of acreage owned by the Federal Government and ad8 ministered by the Service may be made only by Act of Congress. 

9 § 1053.10. Availability of Fund amounts for publicity pur10 poses 

11 (a) IN GENERAL.—Amounts derived from the sources listed in section 

12 1053.03 of this title shall not be available for publicity purposes. 

13 (b) EXCEPTION FOR TEMPORARY SIGNING.—In each case where signifi14 cant acquisition or development is initiated, appropriate standardized tem15 porary signing shall be located on or near the affected site, to the extent 

16 feasible, so as to indicate the action taken is a product of funding made 

17 available through the Fund. The signing may indicate the percentage 

18 amounts and dollar amounts financed by Federal and non-Federal funds, 

19 and that the source of the funding includes amounts derived from Outer 

20 Continental Shelf receipts. The Secretary shall prescribe standards and 

21 guidelines for the usage of the signing to ensure consistency of design and 

22 application. 

23 §1053.11. Contracts for acquisition of land and water 

24 Not to exceed $30,000,000 of the amount authorized to be appropriated 

25 from the Fund by section 1053.04 of this title may be obligated by contract 

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

27 or water within areas specified in section 1053.09(a)(2) of this title. The 

28 contract may be executed by the head of the department concerned, within 

29 limitations prescribed by the Secretary. The contract shall be deemed a con30 tractual obligation of the United States and shall be liquidated with money 

31 appropriated from the fund specifically for liquidation of that contract obli32 gation. No contract may be entered into for the acquisition of property pur33 suant to this section unless the acquisition is otherwise authorized by Fed34 eral law. 

35 § 1053.12. Contracts for options to acquire land and water in 

36 System 

37 The Secretary may enter into contracts for options to acquire land, water, 

38 or interests in land or water within the exterior boundaries of any area the 

39 acquisition of which is authorized by law for inclusion in the System. The 

40 minimum period of any such option shall be 2 years, and any sums ex41 pended for the purchase thereof shall be credited to the purchase price of 


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1 the area. Not to exceed $500,000 of the sum authorized to be appropriated 

2 from the Fund by section 1053.04 of this title may be expended by the Sec3 retary in any one fiscal year for the options. 

4 § 1053.13. Transfers to and from Fund 

5 (a) MOTORBOAT FUEL TAXES.—There shall be set aside in the Fund the 

6 amounts specified in section 9503(c)(3)(B) of the Internal Revenue Code of 

7 1986 (26 U.S.C. 9503(c)(3)(B)). 

8 (b) REFUNDS OF TAXES.—There shall be paid from time to time from 

9 the Fund into the general fund of the Treasury amounts estimated by the 

10 Secretary of the Treasury as equivalent to— 

11 (1) the amounts paid before October 1, 2012, under section 6421 of 

12 the Internal Revenue Code of 1986 (26 U.S.C. 6421) with respect to 

13 gasoline used after December 31, 1964, in motorboats, on the basis of 

14 claims filed for periods ending before October 1, 2011; and 

15 (2) 80 percent of the floor stocks refunds made before October 1, 

16 2012, under section 6412(a)(1) of the Internal Revenue Code of 1986 

17 (26 U.S.C. 6412(a)(1)) with respect to gasoline to be used in motor18 boats. 

19 CHAPTER 1055—URBAN PARK AND RECREATION 

20 RECOVERY PROGRAM 

Sec. 

1055.01. Findings. 

1055.02. Purposes. 

1055.03. Definitions. 

1055.04. Federal assistance grants. 

1055.05. Rehabilitation and innovation grants. 

1055.06. Recovery action programs. 

1055.07. State action. 

1055.08. Non-Federal share of project costs. 

1055.09. Conversion of recreation property. 

1055.10. Coordination of program. 

1055.11. Recordkeeping. 

1055.12. Authorization of appropriations. 

1055.13. Limitation on use of funds. 

1055.14. Report. 

21 § 1055.01. Findings 

22 Congress finds that— 

23 (1) the quality of life in urban areas is closely related to the avail24 ability of fully functional park and recreation systems including land, 

25 facilities, and service programs; 

26 (2) residents of cities need close-to-home recreational opportunities 

27 that are adequate to specialized urban demands, with parks and facili28 ties properly located, developed, and well maintained; 

29 (3) the greatest recreational deficiencies with respect to land, facili30 ties, and programs are found in many large cities, especially at the 

31 neighborhood level; 


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1 (4) inadequate financing of urban recreation programs due to fiscal 

2 difficulties in many large cities has led to the deterioration of facilities, 

3 nonavailability of recreation services, and an inability to adapt rec4 reational programs to changing circumstances; and 

5 (5) there is no existing Federal assistance program which fully ad6 dresses the needs for physical rehabilitation and revitalization of these 

7 park and recreation systems. 

8 § 1055.02. Purposes 

9 (a) ESTABLISH PROGRAM.—The purpose of this chapter is to authorize 

10 the Secretary to establish an urban park and recreation recovery program 

11 which would provide Federal grants to economically hard-pressed commu12 nities specifically for the rehabilitation of critically needed recreation areas, 

13 facilities, and development of improved recreation programs. This program 

14 is intended to complement existing Federal programs such as the Land and 

15 Water Conservation Fund and Community Development Grant Programs by 

16 encouraging and stimulating local governments to revitalize their park and 

17 recreation systems and to make long-term commitments to continuing main18 tenance of these systems. Such assistance shall be subject to such terms and 

19 conditions as the Secretary considers appropriate and in the public interest 

20 to carry out the purposes of this chapter. 

21 (b) IMPROVE RECREATION FACILITIES AND EXPAND RECREATION SERV22 ICES.—It is further the purpose of this chapter to improve recreation facili23 ties and expand recreation services in urban areas with a high incidence of 

24 crime and to help deter crime through the expansion of recreation opportu25 nities for at-risk youth. 

26 (c) INCREASE SECURITY.—It is the further purpose of this chapter to in27 crease the security of urban parks and to promote collaboration between 

28 local agencies involved in parks and recreation, law enforcement, youth so29 cial services, and juvenile justice system. 

30 § 1055.03. Definitions 

31 In this chapter: 

32 (1) AT-RISK YOUTH RECREATION GRANTS.—The term ‘‘at-risk youth 

33 recreation grants’’ means grants in neighborhoods and communities 

34 with a high prevalence of crime, particularly violent crime or crime 

35 committed by youthful offenders and include— 

36 (A) rehabilitation grants, 

37 (B) innovation grants, or 

38 (C) matching grants for continuing program support for pro39 grams of demonstrated value or success in providing constructive 

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1 cluding grants for operating, or coordinating recreation programs 

2 and services. 

3 (2) GENERAL PURPOSE LOCAL GOVERNMENT.—The term ‘‘general 

4 purpose local government’’ means any city, county, town, township, 

5 parish, village, or other general purpose political subdivision of a State, 

6 including the District of Columbia, and insular areas. 

7 (3) INNOVATION GRANTS.—The term ‘‘innovation grants’’ means 

8 matching grants to local governments to cover costs of personnel, facili9 ties, equipment, supplies, or services designed to demonstrate innova10 tive and cost-effective ways to augment park and recreation opportuni11 ties at the neighborhood level and to address common problems related 

12 to facility operations and improved delivery of recreation service, and 

13 which shall exclude routine operation and maintenance activities. 

14 (4) INSULAR AREAS.—The term ‘‘insular areas’’ means Guam, the 

15 Virgin Islands, American Samoa, and the Northern Mariana Islands. 

16 (5) MAINTENANCE.—The term ‘‘maintenance’’ means all commonly 

17 accepted practices necessary to keep recreation areas and facilities op18 erating in a state of good repair and to protect them from deterioration 

19 resulting from normal wear and tear. 

20 (6) PRIVATE, NONPROFIT AGENCY.—The term ‘‘private, nonprofit 

21 agency’’ means a community-based, non-profit organization, corpora22 tion, or association organized for purposes of providing recreational, 

23 conservation, and educational services directly to urban residents on ei24 ther a neighborhood or communitywide basis through voluntary dona25 tions, voluntary labor, or public or private grants. 

26 (7) RECOVERY ACTION PROGRAM GRANTS.—The term ‘‘recovery ac27 tion program grants’’ means matching grants to local governments for 

28 development of local park and recreation recovery action programs to 

29 meet the requirements of this chapter. Such grants will be for resource 

30 and needs assessment, coordination, citizen involvement and planning, 

31 and program development activities to encourage public definition of 

32 goals, and develop priorities and strategies for overall recreation system 

33 recovery. 

34 (8) RECREATIONAL AREAS AND FACILITIES.—The term ‘‘recreational 

35 areas and facilities’’ means indoor or outdoor parks, buildings, sites, 

36 or other facilities which are dedicated to recreation purposes and ad37 ministered by public or private nonprofit agencies to serve the recre38 ation needs of community residents. Emphasis shall be on public facili39 ties readily accessible to residential neighborhoods, including multiple40 use community centers which have recreation as one of their primary 

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1 ference halls used primarily for commercial sports, spectator, or display 

2 activities. 

3 (9) REHABILITATION GRANTS.—The term ‘‘rehabilitation grants’’ 

4 means matching capital grants to local governments for— 

5 (A) rebuilding, remodeling, expanding, or developing existing 

6 outdoor or indoor recreation areas and facilities, including im7 provements in park landscapes, buildings, and support facilities, 

8 but excluding routine maintenance and upkeep activities; and 

9 (B) lighting, emergency phones or other capital improvements 

10 that will improve the security of urban parks. 

11 (10) SPECIAL PURPOSE LOCAL GOVERNMENT.—The term ‘‘special 

12 purpose local government’’ means any local or regional special district, 

13 public-purpose corporation or other limited political subdivision of a 

14 State, including but not limited to park authorities; park, conservation, 

15 water or sanitary districts; and school districts; 

16 (11) STATE.—The term ‘‘State’’ means any State of the United 

17 States or any instrumentality of a State approved by the Governor, 

18 Puerto Rico, and insular areas. 

19 § 1055.04. Federal assistance grants 

20 (a) ELIGIBLE GENERAL PURPOSE LOCAL GOVERNMENTS.—In addition 

21 to eligible local governments established in accordance with section 1005(a) 

22 of the Urban Park and Recreation Recovery Act of 1978 (Public Law 95– 

23 625, 92 Stat. 3540), the Secretary may establish eligibility, in accord with 

24 the findings and purpose of this chapter, of other general purpose local gov25 ernments in standard metropolitan statistical areas as defined by the cen26 sus. 

27 (b) PRIORITY CRITERIA FOR PROJECT SELECTION AND APPROVAL.— 

28 (1) IN GENERAL.—The Secretary shall establish priority criteria for 

29 project selection and approval that consider such factors as— 

30 (A) population; 

31 (B) condition of existing recreation areas and facilities; 

32 (C) demonstrated deficiencies in access to neighborhood recre33 ation opportunities, particularly for minority, and low- and mod34 erate-income residents; 

35 (D) public participation in determining rehabilitation or develop36 ment needs; 

37 (E) the extent to which a project supports or complements tar38 get activities undertaken as part of a local government’s overall 

39 community development and urban revitalization program; 

40 (F) the extent to which a proposed project would provide em41 ployment opportunities for minorities, youth, and low- and modVerDate Mar 15 2010 20:20 Jun 09, 2011 Jkt 099200 PO 00000 Frm 00111 Fmt 6652 Sfmt 6221 E:\BILLS\H1950.IH H1950

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1 erate-income residents in the project neighborhood and/or would 

2 provide for participation of neighborhood, nonprofit or tenant or3 ganizations in the proposed rehabilitation activity or in subsequent 

4 maintenance, staffing, or supervision of recreation areas and facili5 ties; and 

6 (G) the amount of State and private support for a project as 

7 evidenced by commitments of non-Federal resources to project 

8 construction or operation. 

9 (2) AT-RISK YOUTH RECREATION GRANTS.—For at-risk youth recre10 ation grants, the Secretary shall give a priority to each of the following 

11 criteria: 

12 (A) Programs that are targeted to youth who are at the greatest 

13 risk of becoming involved in violence and crime. 

14 (B) Programs that teach important values and life skills, includ15 ing teamwork, respect, leadership, and self-esteem. 

16 (C) Programs that offer tutoring, remedial education, men17 toring, and counseling in addition to recreation opportunities. 

18 (D) Programs that offer services during late night or other non19 school hours. 

20 (E) Programs that demonstrate collaboration between local park 

21 and recreation, juvenile justice, law enforcement, and youth social 

22 service agencies and nongovernmental entities, including the pri23 vate sector and community and nonprofit organizations. 

24 (F) Programs that leverage public or private recreation invest25 ments in the form of services, materials, or cash. 

26 (G) Programs that show the greatest potential of being contin27 ued with non-Federal funds or which can serve as models for other 

28 communities. 

29 (c) LIMITATION OF FUNDS.—Grants to discretionary applicants under 

30 subsection (a) may not be more than 15 percent of the total amount of 

31 funds appropriated under this chapter for rehabilitation, innovation, and re32 covery action program grants. 

33 § 1055.05. Rehabilitation and innovation grants 

34 (a) MATCHING GRANTS.—The Secretary may provide 70 percent match35 ing rehabilitation and innovative grants directly to eligible general purpose 

36 local governments on the Secretary’s approval of applications for those 

37 grants by the chief executives of those governments. 

38 (b) SPECIAL CONSIDERATIONS.—Innovation grants should be closely tied 

39 to goals, priorities, and implementation strategies expressed in local park 

40 and recreation recovery action programs, with particular regard to the spe41 cial considerations listed in section 1055.06(c)(2) of this title. 


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1 (c) TRANSFER.—At the discretion of the applicants, and if consistent 

2 with an approved application, rehabilitation and innovation grants may be 

3 transferred in whole or in part to independent special purpose local govern4 ments, private nonprofit agencies or county or regional park authorities pro5 vided that assisted recreation areas and facilities owned or managed by the 

6 transferree offer recreation opportunities to the general population within 

7 the jurisdictional boundaries of an eligible applicant. 

8 (d) PAYMENTS.—Payments may be made only for rehabilitation or inno9 vative projects that have been approved by the Secretary. Payments may be 

10 made from time to time in keeping with the rate of progress toward the 

11 satisfactory completion of a project, except that the Secretary, when appro12 priate, may make advance payments on approved rehabilitation and innova13 tive projects in an amount not to exceed 20 percent of the total project cost. 

14 (e) MODIFICATION OF PROJECT.—The Secretary may authorize modifica15 tion of an approved project only when a grantee has adequately dem16 onstrated that the modification is necessary because of circumstances not 

17 foreseeable at the time a project was proposed. 

18 § 1055.06. Recovery action programs 

19 (a) EVIDENCE OF LOCAL COMMITMENT TO ONGOING PROGRAMS.—As a 

20 requirement for project approval, local governments applying for assistance 

21 under this chapter shall submit to the Secretary evidence of their commit22 ments to ongoing planning, rehabilitation, service, operation, and mainte23 nance programs for their park and recreation systems. These commitments 

24 will be expressed in local park and recreation recovery action programs that 

25 maximize coordination of all community resources, including other federally 

26 supported urban development and recreation programs. During an initial in27 terim period to be established by regulations under this chapter, this re28 quirement may be satisfied by local government submissions of preliminary 

29 action programs that briefly define objectives, priorities, and implementation 

30 strategies for overall system recovery and maintenance and commit the ap31 plicant to a scheduled program development process. Following this interim 

32 period, all local applicants shall submit to the Secretary, as a condition of 

33 eligibility, a 5-year action program for park and recreation recovery that 

34 satisfactorily demonstrates— 

35 (1) systematic identification of recovery objectives, priorities, and im36 plementation strategies; 

37 (2) adequate planning for rehabilitation of specific recreation areas 

38 and facilities, including projections of the cost of proposed projects; 

39 (3) the capacity and commitment to ensure that facilities provided 

40 or improved under this chapter shall continue to be adequately main41 tained, protected, staffed, and supervised; 


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1 (4) the intention to maintain total local public outlays for park and 

2 recreation purposes at levels at least equal to those in the year pre3 ceding that in which grant assistance is sought except in any case 

4 where a reduction in park and recreation outlays is proportionate to 

5 a reduction in overall spending by the applicant; and 

6 (5) the relationship of the park and recreation recovery program to 

7 overall community development and urban revitalization efforts. 

8 (b) CONTINUING PLANNING PROCESS.—Where appropriate, the Secretary 

9 may encourage local governments to meet action program requirements 

10 through a continuing planning process that includes periodic improvements 

11 and updates in action program submissions to eliminate identified gaps in 

12 program information and policy development. 

13 (c) SPECIAL CONSIDERATIONS.—Action programs shall address, but are 

14 not limited to— 

15 (1) rehabilitation of existing recreational sites and facilities, includ16 ing— 

17 (A) general systemwide renovation; 

18 (B) special rehabilitation requirements for recreational sites and 

19 facilities in areas of high population concentration and economic 

20 distress; and 

21 (C) restoration of outstanding or unique structures, land22 scaping, or similar features in parks of historical or architectural 

23 significance; and 

24 (2) local commitments to innovative and cost-effective programs and 

25 projects at the neighborhood level to augment recovery of park and 

26 recreation systems, including— 

27 (A) recycling of abandoned schools and other public buildings 

28 for recreational purposes; 

29 (B) multiple use of operating educational and other public 

30 buildings, purchase of recreation services on a contractual basis; 

31 (C) use of mobile facilities and recreational, cultural, and edu32 cational programs or other innovative approaches to improving ac33 cess for neighborhood residents; 

34 (D) integration of recovery program with federally assisted 

35 projects to maximize recreational opportunities through conversion 

36 of abandoned railroad and highway rights of way, waterfront, and 

37 other redevelopment efforts and such other federally assisted 

38 projects as may be appropriate; 

39 (E) conversion of recreation use of street space, derelict land, 

40 and other public land not now designated for neighborhood rec41 reational use; and 


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1 (F) use of various forms of compensated and uncompensated 

2 land regulation, tax inducements, or other means to encourage the 

3 private sector to provide neighborhood park and recreation facili4 ties and programs. 

5 (d) PUBLICATION IN FEDERAL REGISTER.—The Secretary shall establish 

6 and publish in the Federal Register requirements for preparation, submis7 sion, and updating of local park and recreation recovery action programs. 

8 (e) ELIGIBILITY FOR AT-RISK YOUTH RECREATION GRANTS.—To be eli9 gible to receive at-risk youth recreation grants a local government shall 

10 amend its 5-year action program to incorporate the goal of reducing crime 

11 and juvenile delinquency and to provide a description of the implementation 

12 strategies to achieve this goal. The plan shall also address how the local 

13 government is coordinating its recreation programs with crime prevention 

14 efforts of law enforcement, juvenile corrections, and youth social service 

15 agencies. 

16 (f) MATCHING GRANTS.—The Secretary may provide up to 50 percent 

17 matching grants to eligible local applicants for program development and 

18 planning specifically to meet the objectives of this chapter. 

19 § 1055.07. State action 

20 (a) ADDITIONAL MATCH.—The Secretary may increase Federal imple21 mentation grants authorized in section 1055.05 of this title by providing an 

22 additional match equal to the total match provided by a State of up to 15 

23 percent of total project costs. In no event may the Federal matching amount 

24 exceed 85 percent of total project cost. 

25 (b) ADEQUATE IMPLEMENTATION OF LOCAL RECOVERY PLANS.—The 

26 Secretary shall encourage States to assist the Secretary in ensuring that 

27 local recovery plans and programs are adequately implemented by cooper28 ating with the Department of the Interior in monitoring local park and 

29 recreation recovery plans and programs and in ensuring consistency of the 

30 plans and programs, where appropriate, with State recreation policies as set 

31 forth in statewide comprehensive outdoor recreation plans. 

32 § 1055.08. Non-Federal share of project costs 

33 (a) SOURCES.— 

34 (1) ALLOWABLE SOURCES.—The non-Federal share of project costs 

35 assisted under this chapter may be derived from general or special pur36 pose State or local revenues, State categorical grants, special appro37 priations by State legislatures, donations of land, buildings, or building 

38 materials, and in-kind construction, technical, and planning services. 

39 Reasonable local costs of action program development to meet the re40 quirements of section 1055.06(a) of this title may be used as part of 

41 the local match only when local applicants have not received program 


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1 development grants under the authority of section 1055.06(f) of this 

2 title. 

3 (2) NON-ALLOWABLE SOURCES.—No amounts from the Land and 

4 Water Conservation Fund established under section 1053.03 of this 

5 title or from any other Federal grant program other than the commu6 nity development block grant programs shall be used to match Federal 

7 grants under this program. 

8 (b) ENCOURAGEMENT OF STATES AND PRIVATE INTERESTS.—The Sec9 retary shall encourage States and private interests to contribute, to the 

10 maximum extent possible, to the non-Federal share of project costs. 

11 § 1055.09. Conversion of recreation property 

12 No property improved or developed with assistance under this chapter 

13 shall, without the approval of the Secretary, be converted to other than pub14 lic recreation uses. The Secretary shall approve such conversion only if the 

15 Secretary finds it to be in accord with the current local park and recreation 

16 recovery action program and only on such conditions as the Secretary con17 siders necessary to ensure the provision of adequate recreation properties 

18 and opportunities of reasonably equivalent location and usefulness. 

19 § 1055.10. Coordination of program 

20 The Secretary shall— 

21 (1) coordinate the urban park and recreation recovery program with 

22 the total urban recovery effort and cooperate to the fullest extent pos23 sible with other Federal departments and agencies and with State 

24 agencies that administer programs and policies affecting urban areas, 

25 including programs in housing, urban development, natural resources 

26 management, employment, transportation, community services, and vol27 untary action; 

28 (2) encourage maximum coordination of the program between appro29 priate State agencies and local applicants; and 

30 (3) require that local applicants include provisions for participation 

31 of community and neighborhood residents and for public-private coordi32 nation in recovery planning and project selection. 

33 § 1055.11. Recordkeeping 

34 Each recipient of assistance under this chapter shall keep such records 

35 as the Secretary shall prescribe, including records that fully disclose the 

36 amount and disposition of project undertakings in connection with which as37 sistance under this chapter is given or used, the amount and nature of that 

38 portion of the cost of the project or undertaking supplied by other sources, 

39 and such other records as will facilitate an effective audit. The Secretary, 

40 and the Comptroller General of the United States, or their duly authorized 

41 representatives, shall have access for the purpose of audit and examination 


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1 to any records of the recipient that are pertinent to assistance received 

2 under this chapter. 

3 § 1055.12. Authorization of appropriations 

4 (a) LIMITATION OF FUNDS.—Grants made under this chapter for projects 

5 in any one State shall not be more than 15 percent of the total amount 

6 of funds authorized to be appropriated in any fiscal year. 

7 (b) INSULAR AREAS.—Amounts authorized for the insular areas are not 

8 subject to the matching provisions of this chapter, and may only be subject 

9 to such conditions, reports, plans, and agreements, if any, as determined by 

10 the Secretary. 

11 (c) PROGRAM SUPPORT.—Not more than 25 percent of the amounts 

12 made available under this chapter to any local government may be used for 

13 program support. 

14 § 1055.13. Limitation on use of funds 

15 No funds available under this chapter shall be used for the acquisition 

16 of land or interests in land. 

17 § 1055.14. Report 

18 Within 90 days of the expiration of this authority, the Secretary shall re19 port to Congress on the overall impact of the urban park and recreation 

20 recovery program. 

21 DIVISION C—SYSTEM UNITS AND RELATED 

22 AREAS 

23 [RESERVED] 

24 Subtitle II—Historic Sites, Buildings, 

25 Objects, and Antiquities 

26 DIVISION A—GENERAL PROVISIONS 

27 CHAPTER 2001—POLICY AND ADMINISTRATIVE 

28 PROVISIONS 

Sec. 

2001.01. Declaration of national policy. 

2001.02. Duties of Secretary. 

2001.03. Cooperation with governmental and private agencies and individuals. 

2001.04. Jurisdiction of States in acquired land. 

2001.05. Authorization of appropriations. 

29 § 2001.01. Declaration of national policy 

30 It is declared that it is a national policy to preserve for public use historic 

31 sites, buildings, and objects of national significance for the inspiration and 

32 benefit of the people of the United States. 

33 § 2001.02. Duties of Secretary 

34 The Secretary, through the Service, for the purpose of effectuating the 

35 policy expressed in this chapter, shall perform the following duties: 


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1 (1) The Secretary shall secure, collate, and preserve drawings, plans, 

2 photographs, and other data of historic and archaeologic sites, build3 ings, and objects. 

4 (2) The Secretary shall make a survey of historic and archaeologic 

5 sites, buildings, and objects for the purpose of determining which pos6 sess exceptional value as commemorating or illustrating the history of 

7 the United States. 

8 (3) The Secretary shall make necessary investigations and researches 

9 in the United States relating to particular sites, buildings, and objects 

10 to obtain accurate historical and archaeological facts and information 

11 concerning the sites, buildings, and objects. 

12 (4) The Secretary shall, for the purpose of this chapter, acquire in 

13 the name of the United States by gift, purchase, or otherwise any prop14 erty, personal or real, or any interest or estate in property, title to any 

15 real property to be satisfactory to the Secretary. Property that is 

16 owned by any religious or educational institution or that is owned or 

17 administered for the benefit of the public shall not be acquired without 

18 the consent of the owner. No property shall be acquired or contract or 

19 agreement for the acquisition of the property made that will obligate 

20 the general fund of the Treasury for the payment of the property, un21 less Congress has appropriated money that is available for that pur22 pose. 

23 (5) The Secretary shall contract and make cooperative agreements 

24 with States, municipal subdivisions, corporations, associations, or indi25 viduals, with proper bond where considered advisable, to protect, pre26 serve, maintain, or operate any historic or archaeologic building, site, 

27 or object, or property used in connection with the building, site, or ob28 ject, for public use, regardless whether the title to the building, site, 

29 object, or property is in the United States. No contract or cooperative 

30 agreement shall be made or entered into that will obligate the general 

31 fund of the Treasury unless or until Congress has appropriated money 

32 for that purpose. 

33 (6) The Secretary shall restore, reconstruct, rehabilitate, preserve, 

34 and maintain historic or prehistoric sites, buildings, objects, and prop35 erties of national historical or archaeological significance and where 

36 deemed desirable establish and maintain museums in connection with 

37 the sites, buildings, objects, and properties. 

38 (7) The Secretary shall erect and maintain tablets to mark or com39 memorate historic or prehistoric places and events of national historical 

40 or archaeological significance. 


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1 (8) The Secretary shall operate and manage historic and 

2 archaeologic sites, buildings, and properties acquired under this chapter 

3 together with land and subordinate buildings for the benefit of the pub4 lic. The authority under this paragraph includes the power to charge 

5 reasonable visitation fees and grant concessions, leases, or permits for 

6 the use of land, building space, roads, or trails when necessary or desir7 able either to accommodate the public or to facilitate administration. 

8 The Secretary may grant those concessions, leases, or permits and 

9 enter into contracts relating to the contracts, leases, or permits with 

10 responsible persons, firms, or corporations without advertising and 

11 without securing competitive bids. 

12 (9) When the Secretary determines that it would be administratively 

13 burdensome to restore, reconstruct, operate, or maintain any particular 

14 historic or archaeologic site, building, or property donated to the 

15 United States through the Service, the Secretary may cause the res16 toration, reconstruction, operation, or maintenance to be done by orga17 nizing a corporation for that purpose under the laws of the District of 

18 Columbia or any State. 

19 (10) The Secretary shall develop an educational program and service 

20 for the purpose of making available to the public information per21 taining to American historic and archaeologic sites, buildings, and 

22 properties of national significance. Reasonable charges may be made 

23 for the dissemination of any such information. 

24 (11) The Secretary shall perform any and all acts and make regula25 tions not inconsistent with this chapter that may be necessary and 

26 proper to carry out this chapter. Any person violating any of the regu27 lations authorized by this chapter shall be fined under title 18 and be 

28 adjudged to pay all cost of the proceedings. 

29 § 2001.03. Cooperation with governmental and private agen30 cies and individuals 

31 (a) AUTHORIZATION OF SECRETARY.—The Secretary may cooperate with 

32 and may seek and accept the assistance of any Federal, State, or local agen33 cy, educational or scientific institution, patriotic association, or individual. 

34 (b) TECHNICAL ADVISORY COMMITTEES.—When the Secretary considers 

35 it necessary, the Secretary may establish technical advisory committees to 

36 act in an advisory capacity in connection with the restoration or reconstruc37 tion of any historic or prehistoric building or other structure. 

38 (c) EMPLOYMENT OF ASSISTANCE.—The Secretary may employ profes39 sional and technical assistance and establish service as may be required to 

40 accomplish the purposes of this chapter and for which money may be appro41 priated by Congress or made available by gifts for those purposes. 


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1 § 2001.04. Jurisdiction of States in acquired land 

2 Nothing in this chapter shall be held to deprive any State, or political 

3 subdivision of a State, of its civil and criminal jurisdiction in and over land 

4 acquired by the United States under this chapter. 

5 § 2001.05. Authorization of appropriations 

6 (a) IN GENERAL.—There are authorized to be appropriated to carry out 

7 this chapter such sums as Congress may from time to time determine. 

8 (b) REQUIREMENT FOR SPECIFIC AUTHORIZATION.—Notwithstanding 

9 any other provision of law, no funds appropriated or otherwise made avail10 able to the Secretary to carry out paragraph (5) or (6) of section 2001.02 

11 of this title may be obligated or expended— 

12 (1) unless the appropriation of the funds has been specifically au13 thorized by law enacted on or after October 30, 1992; or 

14 (2) in excess of the amount prescribed by law enacted on or after 

15 October 30, 1992. 

16 CHAPTER 2003—DEFINITIONS 

Sec. 

2003.01. National Trust. 

17 § 2003.01. National Trust. 

18 In this subtitle, the term ‘‘National Trust’’ means the National Trust for 

19 Historic Preservation in the United States established under section 

20 2071.02 of this title. 

21 DIVISION B—HISTORIC PRESERVATION 

22 Subdivision 1—General Provisions 

23 CHAPTER 2011—FINDINGS, POLICY, AND DEFINITIONS 

Sec. 

2011.01. Findings. 

2011.02. Declaration of policy. 

2011.03. Definitions. 

24 § 2011.01. Findings 

25 Congress finds that— 

26 (1) the spirit and direction of the Nation are founded on and re27 flected in its historic heritage; 

28 (2) the historical and cultural foundations of the Nation should be 

29 preserved as a living part of our community life and development in 

30 order to give a sense of orientation to the American people; 

31 (3) historic properties significant to the Nation’s heritage are being 

32 lost or substantially altered, often inadvertently, with increasing fre33 quency; 

34 (4) the preservation of this irreplaceable heritage is in the public in35 terest so that its vital legacy of cultural, educational, aesthetic, inspira36 tional, economic, and energy benefits will be maintained and enriched 

37 for future generations of Americans; 


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1 (5) in the face of ever-increasing extensions of urban centers, high2 ways, and residential, commercial, and industrial developments, the 

3 governmental and nongovernmental historic preservation programs and 

4 activities as of December 12, 1980, were inadequate to ensure future 

5 generations a genuine opportunity to appreciate and enjoy the rich her6 itage of our Nation; 

7 (6) the increased knowledge of our historic properties, the establish8 ment of better means of identifying and administering them, and the 

9 encouragement of their preservation will improve the planning and exe10 cution of Federal and federally assisted projects and will assist eco11 nomic growth and development; and 

12 (7) although the major burdens of historic preservation have been 

13 borne and major efforts initiated by private agencies and individuals, 

14 and both should continue to play a vital role, it is nevertheless nec15 essary and appropriate for the Federal Government to accelerate its 

16 historic preservation programs and activities, to give maximum encour17 agement to agencies and individuals undertaking preservation by pri18 vate means, and to assist State and local governments and the National 

19 Trust to expand and accelerate their historic preservation programs 

20 and activities. 

21 § 2011.02. Declaration of policy 

22 It is the policy of the Federal Government, in cooperation with other na23 tions and in partnership with States, local governments, Indian tribes, Na24 tive Hawaiians, and private organizations and individuals, to— 

25 (1) use measures, including financial and technical assistance, to fos26 ter conditions under which our modern society and our historic prop27 erties can exist in productive harmony and fulfill the social, economic, 

28 and other requirements of present and future generations; 

29 (2) provide leadership in the preservation of the historic properties 

30 of the United States and of the international community of nations and 

31 in the administration of the national preservation program; 

32 (3) administer federally owned, administered, or controlled historic 

33 properties in a spirit of stewardship for the inspiration and benefit of 

34 present and future generations; 

35 (4) contribute to the preservation of nonfederally owned historic 

36 properties and give maximum encouragement to organizations and indi37 viduals undertaking preservation by private means; 

38 (5) encourage the public and private preservation and utilization of 

39 all usable elements of the Nation’s historic built environment; and 


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1 (6) assist State and local governments, Indian tribes and Native Ha2 waiian organizations, and the National Trust to expand and accelerate 

3 their historic preservation programs and activities. 

4 § 2011.03. Definitions 

5 In this division: 

6 (1) AGENCY.—The term ‘‘agency’’ has the meaning given the term 

7 in section 551 of title 5. 

8 (2) CERTIFIED LOCAL GOVERNMENT.—The term ‘‘certified local gov9 ernment’’ means a local government whose local historic preservation 

10 program is certified pursuant to chapter 2027 of this title. 

11 (3) COUNCIL.—The term ‘‘Council’’ means the Advisory Council on 

12 Historic Preservation established by section 2041.01 of this title. 

13 (4) CULTURAL PARK.—The term ‘‘cultural park’’ means a definable 

14 area that— 

15 (A) is distinguished by historic properties and land related to 

16 those properties; and 

17 (B) constitutes an interpretive, educational, and recreational re18 source for the public at large. 

19 (5) HISTORIC CONSERVATION DISTRICT.—The term ‘‘historic con20 servation district’’ means an area that contains— 

21 (A) historic properties; 

22 (B) buildings having similar or related architectural characteris23 tics; 

24 (C) cultural cohesiveness; or 

25 (D) any combination of features described in subparagraphs (A) 

26 to (C). 

27 (6) HISTORIC PRESERVATION FUND.—The term ‘‘Historic Preserva28 tion Fund’’ means the Historic Preservation Fund established under 

29 section 2055.11 of this title. 

30 (7) HISTORIC PRESERVATION REVIEW COMMISSION.—The term ‘‘his31 toric preservation review commission’’ means a board, council, commis32 sion, or other similar collegial body— 

33 (A) that is established by State or local legislation as provided 

34 in section 2027.02(a)(2) of this title; and 

35 (B) the members of which are appointed by the chief elected of36 ficial of a jurisdiction (unless State or local law provides for ap37 pointment by another official) from among— 

38 (i) professionals in the disciplines of architecture, history, 

39 architectural history, planning, prehistoric and historic ar40 chaeology, folklore, cultural anthropology, curation, conserva41 tion, and landscape architecture, or related disciplines, to the 


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1 extent that those professionals are available in the commu2 nity; and 

3 (ii) other individuals who have demonstrated special inter4 est, experience, or knowledge in history, architecture, or re5 lated disciplines and will provide for an adequate and quali6 fied commission. 

7 (8) HISTORIC PROPERTY.—The term ‘‘historic property’’ means any 

8 prehistoric or historic property included on, or eligible for inclusion on, 

9 the National Register. 

10 (9) INDIAN TRIBE.—The term ‘‘Indian tribe’’ means an Indian tribe, 

11 band, nation, or other organized group or community, including a Na12 tive village, Regional Corporation or Village Corporation (as those 

13 terms are defined in section 3 of the Alaska Native Claims Settlement 

14 Act (16 U.S.C. 1602)), that is recognized as eligible for the special pro15 grams and services provided by the United States to Indians because 

16 of their status as Indians. 

17 (10) LOCAL GOVERNMENT.—The term ‘‘local government’’ means a 

18 city, county, parish, township, municipality, or borough, or any other 

19 general purpose political subdivision of any State. 

20 (11) NATIONAL REGISTER.—The term ‘‘National Register’’ means 

21 the National Register of Historic Places maintained under chapter 

22 2023 of this title. 

23 (12) NATIVE HAWAIIAN.—The term ‘‘Native Hawaiian’’ means any 

24 individual who is a descendant of the aboriginal people who, prior to 

25 1778, occupied and exercised sovereignty in the area that now con26 stitutes Hawaii. 

27 (13) NATIVE HAWAIIAN ORGANIZATION.— 

28 (A) IN GENERAL.—The term ‘‘Native Hawaiian organization’’ 

29 means any organization that— 

30 (i) serves and represents the interests of Native Hawaiians; 

31 (ii) has as a primary and stated purpose the provision of 

32 services to Native Hawaiians; and 

33 (iii) has demonstrated expertise in aspects of historic pres34 ervation that are culturally significant to Native Hawaiians. 

35 (B) INCLUSIONS.—The term ‘‘Native Hawaiian organization’’ 

36 includes the Office of Hawaiian Affairs of Hawaii and Hui 

37 Malama I Na Kupuna O Hawai’i Nei, an organization incor38 porated under the laws of Hawaii. 

39 (14) PRESERVATION OR HISTORIC PRESERVATION.—The term ‘‘pres40 ervation’’ or ‘‘historic preservation’’ includes— 


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1 (A) identification, evaluation, recordation, documentation, 

2 curation, acquisition, protection, management, rehabilitation, res3 toration, stabilization, maintenance, research, interpretation, and 

4 conservation; 

5 (B) education and training regarding the foregoing activities; or 

6 (C) any combination of the foregoing activities. 

7 (15) PROPERTY.— 

8 (A) IN GENERAL.—The term ‘‘property’’ means a district, site, 

9 building, structure, or object. 

10 (B) INCLUSIONS.—The term ‘‘property’’ includes artifacts, 

11 records, and material remains that are related to a district, site, 

12 building, structure, or object. 

13 (16) STATE.—The term ‘‘State’’ means a State, the District of Co14 lumbia, Puerto Rico, Guam, the Virgin Islands, American Samoa, the 

15 Northern Mariana Islands, the Marshall Islands, the Federated States 

16 of Micronesia, and Palau. 

17 (17) STATE HISTORIC PRESERVATION REVIEW BOARD.—The term 

18 ‘‘State historic preservation review board’’ means a board, council, 

19 commission, or other similar collegial body established as provided in 

20 section 2025.01(2) of this title— 

21 (A) the members of which are appointed by the State Historic 

22 Preservation Officer (unless otherwise provided for by State law); 

23 (B) a majority of the members of which are professionals quali24 fied in history, prehistoric and historic archaeology, architectural 

25 history, architecture, folklore, cultural anthropology, curation, con26 servation, landscape architecture, and related disciplines; and 

27 (C) that has the authority to— 

28 (i) review National Register nominations and appeals from 

29 nominations; 

30 (ii) review appropriate documentation submitted in con31 junction with the Historic Preservation Fund; 

32 (iii) provide general advice and guidance to the State His33 toric Preservation Officer; and 

34 (iv) perform such other duties as may be appropriate. 

35 (18) TRIBAL LAND.—The term ‘‘tribal land’’ means— 

36 (A) all land within the exterior boundaries of any Indian res37 ervation; and 

38 (B) all dependent Indian communities. 

39 (19) UNDERTAKING.—The term ‘‘undertaking’’ means a project, ac40 tivity, or program funded in whole or in part under the direct or indi41 rect jurisdiction of a Federal agency, including— 


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1 (A) those carried out by or on behalf of the Federal agency; 

2 (B) those carried out with Federal financial assistance; 

3 (C) those requiring a Federal permit license, or approval; and 

4 (D) those subject to State or local regulation administered pur5 suant to a delegation or approval by a Federal agency. 

6 (20) WORLD HERITAGE CONVENTION.—The term ‘‘World Heritage 

7 Convention’’ means the Convention concerning the Protection of the 

8 World Cultural and Natural Heritage, done at Paris November 23, 

9 1972 (27 UST 37). 

10 Subdivision 2—Historic Preservation Program 

11 CHAPTER 2021—DEFINITIONS 

Sec. 

2021.01. Definitions. 

12 § 2021.01. Definitions 

13 In this subdivision: 

14 (1) DESIGNATION.—The term ‘‘designation’’ means the identification 

15 and registration of properties for protection that meet criteria estab16 lished by a State or locality for significant historic properties within the 

17 jurisdiction of a local government. 

18 (2) PROTECTION.—The term ‘‘protection’’ means protection by 

19 means of a local review process under State or local law for proposed 

20 demolition of, changes to, or other action that may affect historic prop21 erties designated pursuant to chapter 2027 of this title. 

22 CHAPTER 2023—NATIONAL REGISTER OF HISTORIC 

23 PLACES 

Sec. 

2023.01. Maintenance by Secretary. 

2023.02. Inclusion of properties on National Register. 

2023.03. Criteria and regulations. 

2023.04. Nominations for inclusion on National Register. 

2023.05. Objection to inclusion on National Register or designation as National Historic 

Landmark. 

2023.06. Regulations. 

2023.07. Review of threats to historic properties. 

24 § 2023.01. Maintenance by Secretary 

25 The Secretary may expand and maintain a National Register of Historic 

26 Places composed of properties significant in American history, architecture, 

27 archaeology, engineering, and culture. 

28 § 2023.02. Inclusion of properties on National Register 

29 (a) IN GENERAL.—A property that meets the criteria for National His30 toric Landmarks established pursuant to section 2023.03 of this title shall 

31 be designated as a National Historic Landmark and included on the Na32 tional Register, subject to the requirements of section 2023.06 of this title. 

33 (b) HISTORIC PROPERTIES ON NATIONAL REGISTER ON DECEMBER 12, 

34 1980.—All historic properties included on the National Register on DecemVerDate Mar 15 2010 20:20 Jun 09, 2011 Jkt 099200 PO 00000 Frm 00125 Fmt 6652 Sfmt 6221 E:\BILLS\H1950.IH H1950

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1 ber 12, 1980, shall be deemed to be included on the National Register as 

2 of their initial listing for purposes of this division. 

3 (c) HISTORIC PROPERTIES LISTED IN FEDERAL REGISTER OF FEB4 RUARY 6, 1979, OR PRIOR TO DECEMBER 12, 1980, AS NATIONAL HIS5 TORIC LANDMARKS.—All historic properties listed in the Federal Register 

6 of February 6, 1979, or prior to December 12, 1980, as National Historic 

7 Landmarks are declared by Congress to be National Historic Landmarks of 

8 national historic significance as of their initial listing in the Federal Reg9 ister for purposes of this division and chapter 2001 of this title. 

10 (d) BOUNDARIES.—In the case of a National Historic Landmark district 

11 for which no boundaries had been established as of December 12, 1980, 

12 boundaries must first be published in the Federal Register. 

13 § 2023.03. Criteria and regulations 

14 The Secretary, in consultation with national historical and archaeological 

15 associations, shall— 

16 (1) establish criteria for properties to be included on the National 

17 Register and criteria for National Historic Landmarks; and 

18 (2) promulgate regulations for— 

19 (A) nominating properties for inclusion on, and removal from, 

20 the National Register and the recommendation of properties by 

21 certified local governments; 

22 (B) designating properties as National Historic Landmarks and 

23 removing that designation; 

24 (C) considering appeals from recommendations, nominations, re25 movals, and designations (or any failure or refusal by a nomi26 nating authority to nominate or designate); 

27 (D) nominating historic properties for inclusion in the World 

28 Heritage List in accordance with the World Heritage Convention; 

29 (E) making determinations of eligibility of properties for inclu30 sion on the National Register; and 

31 (F) notifying the owner of a property, any appropriate local gov32 ernments, and the general public, when the property is being con33 sidered for inclusion on the National Register, for designation as 

34 a National Historic Landmark, or for nomination to the World 

35 Heritage List. 

36 § 2023.04. Nominations for inclusion on National Register 

37 (a) NOMINATION BY STATE.—Subject to the requirements of section 

38 2023.06 of this title, any State that is carrying out a program approved 

39 under chapter 2025 of this title shall nominate to the Secretary properties 

40 that meet the criteria promulgated under section 2023.03 of this title for 

41 inclusion on the National Register. Subject to section 2023.06 of this title, 


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1 any property nominated under this subsection or under section 2051.02 of 

2 this title shall be included on the National Register on the date that is 45 

3 days after receipt by the Secretary of the nomination and the necessary doc4 umentation, unless the Secretary disapproves the nomination within the 45- 

5 day period or unless an appeal is filed under subsection (c). 

6 (b) NOMINATION BY PERSON OR LOCAL GOVERNMENT.—Subject to the 

7 requirements of section 2023.06 of this title, the Secretary may accept a 

8 nomination directly from any person or local government for inclusion of a 

9 property on the National Register only if the property is located in a State 

10 where there is no program approved under chapter 2025 of this title. The 

11 Secretary may include on the National Register any property for which such 

12 a nomination is made if the Secretary determines that the property is eligi13 ble in accordance with the regulations promulgated under section 2023.03 

14 of this title. The determination shall be made within 90 days from the date 

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

16 (c) APPEAL.—Any person or local government may appeal to the Sec17 retary— 

18 (1) a nomination of any property for inclusion on the National Reg19 ister; and 

20 (2) the failure or refusal of a nominating authority to nominate a 

21 property in accordance with this chapter. 

22 § 2023.05. Objection to inclusion on National Register or 

23 designation as National Historic Landmark 

24 (a) REGULATIONS.—The Secretary shall promulgate regulations requiring 

25 that before any property may be included on the National Register or des26 ignated as a National Historic Landmark, the owner of the property, or a 

27 majority of the owners of the individual properties within a district in the 

28 case of a historic district, shall be given the opportunity (including a reason29 able period of time) to concur in, or object to, the nomination of the prop30 erty for inclusion or designation. The regulations shall include provisions to 

31 carry out this section in the case of multiple ownership of a single property. 

32 (b) WHEN PROPERTY SHALL NOT BE INCLUDED ON NATIONAL REG33 ISTER OR DESIGNATED AS NATIONAL HISTORIC LANDMARK.—If the owner 

34 of any privately owned property, or a majority of the owners of privately 

35 owned properties within the district in the case of a historic district, object 

36 to inclusion or designation, the property shall not be included on the Na37 tional Register or designated as a National Historic Landmark until the ob38 jection is withdrawn. 

39 (c) REVIEW BY SECRETARY.—The Secretary shall review the nomination 

40 of the property when an objection has been made and shall determine 

41 whether or not the property is eligible for inclusion or designation. If the 


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1 Secretary determines that the property is eligible for inclusion or designa2 tion, the Secretary shall inform the Advisory Council on Historic Preserva3 tion, the appropriate State Historic Preservation Officer, the appropriate 

4 chief elected local official, and the owner or owners of the property of the 

5 Secretary’s determination. 

6 (d) RETENTION OF NAME.—Notwithstanding section 43(c) of the Act of 

7 July 5, 1946 (known as the Trademark Act of 1946) (15 U.S.C. 1125(c)), 

8 buildings and structures on or eligible for inclusion on the National Register 

9 (either individually or as part of a historic district), or designated as an in10 dividual landmark or as a contributing building in a historic district by a 

11 unit of State or local government, may retain the name historically associ12 ated with the building or structure. 

13 § 2023.06. Regulations 

14 The Secretary shall promulgate regulations— 

15 (1) ensuring that significant prehistoric and historic artifacts, and 

16 associated records, subject to subchapter I of chapter 2051 of this title, 

17 chapter 2081 of this title, and the Archaeological Resources Protection 

18 Act of 1979 (16 U.S.C. 470aa et seq.) are deposited in an institution 

19 with adequate long-term curatorial capabilities; 

20 (2) establishing a uniform process and standards for documenting 

21 historic properties by public agencies and private parties for purposes 

22 of incorporation into, or complementing, the national historical archi23 tectural and engineering records in the Library of Congress; and 

24 (3) certifying local governments, in accordance with sections 2027.01 

25 and 2027.02 of this title and for the allocation of funds pursuant to 

26 section 2055.03(d) of this title. 

27 § 2023.07. Review of threats to historic properties 

28 At least once every 4 years, the Secretary, in consultation with the Coun29 cil and with State Historic Preservation Officers, shall review significant 

30 threats to historic properties to— 

31 (1) determine the kinds of historic properties that may be threat32 ened; 

33 (2) ascertain the causes of the threats; and 

34 (3) develop and submit to the President and Congress recommenda35 tions for appropriate action. 

36 CHAPTER 2025—STATE HISTORIC PRESERVATION 

37 PROGRAMS 

Sec. 

2025.01. Regulations. 

2025.02. Program evaluation. 

2025.03. State Historic Preservation Officer. 

2025.04. Contracts and cooperative agreements. 


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1 § 2025.01. Regulations 

2 The Secretary, in consultation with the National Conference of State His3 toric Preservation Officers and the National Trust for Historic Preserva4 tion, shall promulgate or revise regulations for State Historic Preservation 

5 Programs. The regulations shall provide that a State program submitted to 

6 the Secretary under this chapter shall be approved by the Secretary if the 

7 Secretary determines that the program provides for— 

8 (1) the designation and appointment by the chief executive officer of 

9 the State of a State Historic Preservation Officer to administer the 

10 program in accordance with section 2025.03 of this title and for the 

11 employment or appointment by the officer of professionally qualified 

12 staff that may be necessary for those purposes; 

13 (2) an adequate and qualified State historic preservation review 

14 board designated by the State Historic Preservation Officer unless oth15 erwise provided for by State law; and 

16 (3) adequate public participation in the State Historic Preservation 

17 Program, including the process of recommending properties for nomi18 nation to the National Register. 

19 § 2025.02. Program evaluation 

20 (a) WHEN EVALUATION SHOULD OCCUR.—Periodically, but not less than 

21 every 4 years after the approval of any State program under this section, 

22 the Secretary, in consultation with the Council on the appropriate provisions 

23 of this division, and in cooperation with the State Historic Preservation Of24 ficer, shall evaluate the program to determine whether it is consistent with 

25 this division. 

26 (b) DISAPPROVAL OF PROGRAM.—If, at any time, the Secretary deter27 mines that a major aspect of a State program is not consistent with this 

28 division, the Secretary shall disapprove the program and suspend in whole 

29 or in part any contracts or cooperative agreements with the State and the 

30 State Historic Preservation Officer under this division, until the program 

31 is consistent with this division, unless the Secretary determines that the 

32 program will be made consistent with this division within a reasonable pe33 riod of time. 

34 (c) OVERSIGHT.—The Secretary, in consultation with State Historic Pres35 ervation Officers, shall establish oversight methods to ensure State program 

36 consistency and quality without imposing undue review burdens on State 

37 Historic Preservation Officers. 

38 (d) STATE FISCAL AUDIT AND MANAGEMENT SYSTEM.— 

39 (1) SUBSTITUTION FOR COMPARABLE FEDERAL SYSTEMS.—At the 

40 discretion of the Secretary, a State system of fiscal audit and manageVerDate Mar 15 2010 20:20 Jun 09, 2011 Jkt 099200 PO 00000 Frm 00129 Fmt 6652 Sfmt 6221 E:\BILLS\H1950.IH H1950

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1 ment may be substituted for comparable Federal systems so long as the 

2 State system— 

3 (A) establishes and maintains substantially similar account4 ability standards; and 

5 (B) provides for independent professional peer review. 

6 (2) FISCAL AUDITS AND REVIEW BY SECRETARY.—The Secretary— 

7 (A) may conduct periodic fiscal audits of State programs ap8 proved under this subdivision as needed; and 

9 (B) shall ensure that the programs meet applicable account10 ability standards. 

11 § 2025.03. State Historic Preservation Officer 

12 (a) IN GENERAL.—It shall be the responsibility of a State Historic Pres13 ervation Officer to administer a State Historic Preservation Program. 

14 (b) PARTICULAR RESPONSIBILITIES.—It shall be the responsibility of a 

15 State Historic Preservation Officer to— 

16 (1) in cooperation with Federal and State agencies, local govern17 ments, and private organizations and individuals, direct and conduct a 

18 comprehensive statewide survey of historic properties and maintain in19 ventories of the properties; 

20 (2) identify and nominate eligible properties to the National Register 

21 and otherwise administer applications for listing historic properties on 

22 the National Register; 

23 (3) prepare and implement a comprehensive statewide historic pres24 ervation plan; 

25 (4) administer the State program of Federal assistance for historic 

26 preservation within the State; 

27 (5) advise and assist, as appropriate, Federal and State agencies and 

28 local governments in carrying out their historic preservation respon29 sibilities; 

30 (6) cooperate with the Secretary, the Council, other Federal and 

31 State agencies, local governments, and organizations and individuals to 

32 ensure that historic properties are taken into consideration at all levels 

33 of planning and development; 

34 (7) provide public information, education, and training and technical 

35 assistance in historic preservation; 

36 (8) cooperate with local governments in the development of local his37 toric preservation programs and assist local governments in becoming 

38 certified pursuant to chapter 2027 of this title; 

39 (9) consult with appropriate Federal agencies in accordance with this 

40 division on— 


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1 (A) Federal undertakings that may affect historic properties; 

2 and 

3 (B) the content and sufficiency of any plans developed to pro4 tect, manage, or reduce or mitigate harm to those properties; and 

5 (10) advise and assist in the evaluation of proposals for rehabilita6 tion projects that may qualify for Federal assistance. 

7 § 2025.04. Contracts and cooperative agreements 

8 (a) STATE.—Any State may carry out all or any part of its responsibil9 ities under this chapter by contract or cooperative agreement with any 

10 qualified nonprofit organization or educational institution. 

11 (b) SECRETARY.— 

12 (1) IN GENERAL.— 

13 (A) AUTHORITY TO ASSIST SECRETARY.—Subject to paragraphs 

14 (3) and (4), the Secretary may enter into contracts or cooperative 

15 agreements with a State Historic Preservation Officer for any 

16 State authorizing the Officer to assist the Secretary in carrying 

17 out one or more of the following responsibilities within that State: 

18 (i) Identification and preservation of historic properties. 

19 (ii) Determination of the eligibility of properties for listing 

20 on the National Register. 

21 (iii) Preparation of nominations for inclusion on the Na22 tional Register. 

23 (iv) Maintenance of historical and archaeological data 

24 bases. 

25 (v) Evaluation of eligibility for Federal preservation incen26 tives. 

27 (B) AUTHORITY TO MAINTAIN NATIONAL REGISTER.—Nothing 

28 in subparagraph (A) shall be construed to provide that any State 

29 Historic Preservation Officer or any other person other than the 

30 Secretary shall have the authority to maintain the National Reg31 ister for properties in any State. 

32 (2) REQUIREMENTS.—The Secretary may enter into a contract or 

33 cooperative agreement under paragraph (1) only if— 

34 (A) the State Historic Preservation Officer has requested the 

35 additional responsibility; 

36 (B) the Secretary has approved the State historic preservation 

37 program pursuant to sections 2045.01 and 2045.02 of this title; 

38 (C) the State Historic Preservation Officer agrees to carry out 

39 the additional responsibility in a timely and efficient manner ac40 ceptable to the Secretary and the Secretary determines that the 


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1 Officer is fully capable of carrying out the responsibility in that 

2 manner; 

3 (D) the State Historic Preservation Officer agrees to permit the 

4 Secretary to review and revise, as appropriate in the discretion of 

5 the Secretary, decisions made by the Officer pursuant to the con6 tract or cooperative agreement; and 

7 (E) the Secretary and the State Historic Preservation Officer 

8 agree on the terms of additional financial assistance to the State, 

9 if there is to be any, for the costs of carrying out that responsi10 bility. 

11 (3) ESTABLISH CONDITIONS AND CRITERIA.—For each significant 

12 program area under the Secretary’s authority, the Secretary shall es13 tablish specific conditions and criteria essential for the assumption by 

14 a State Historic Preservation Officer of the Secretary’s duties in each 

15 of those programs. 

16 (4) PRESERVATION PROGRAMS AND ACTIVITIES NOT DIMINISHED.— 

17 Nothing in this chapter shall have the effect of diminishing the preser18 vation programs and activities of the Service. 

19 CHAPTER 2027—CERTIFICATION OF LOCAL 

20 GOVERNMENTS 

Sec. 

2027.01. Certification as part of State program. 

2027.02. Reguirements for certification. 

2027.03. Consideration of property for inclusion on National Register. 

2027.04. Eligibility and responsibility of certified local government. 

21 § 2027.01. Certification as part of State program 

22 Any State program approved under this subdivision shall provide a mech23 anism 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 2055.03(d) of this title, of a portion of 

26 the grants received by the States under this division, to those local govern27 ments. 

28 § 2027.02. 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 properties; 

34 (2) has established an adequate and qualified historic preservation 

35 review commission by State or local legislation; 

36 (3) maintains a system for the survey and inventory of historic prop37 erties that furthers the purposes of chapter 2025 of this title; 


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1 (4) provides for adequate public participation in the local historic 

2 preservation program, including the process of recommending prop3 erties 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 approved State 

7 program, a local government may be certified by the Secretary if the Sec8 retary determines that the local government meets the requirements of sub9 section (a). The Secretary may make grants to the local government cer10 tified under this subsection for purposes of this subdivision. 

11 § 2027.03. Consideration of property for inclusion on Na12 tional Register 

13 (a) NOTICE.—Before a property within the jurisdiction of a certified local 

14 government may be considered by a State to be nominated to the Secretary 

15 for inclusion on the National Register, the State Historic Preservation Offi16 cer shall notify the owner, the applicable chief local elected official, and the 

17 local historic preservation commission. 

18 (b) REPORT.—The local historic preservation commission, after reason19 able opportunity for public comment, shall prepare a report as to whether 

20 the property, in the Commission’s opinion, meets the criteria of the National 

21 Register. Within 60 days of notice from the State Historic Preservation Of22 ficer, the chief local elected official shall transmit the report of the commis23 sion and the recommendation of the local official to the State Historic Pres24 ervation Officer. 

25 (c) RECOMMENDATION.— 

26 (1) PROPERTY NOMINATED TO NATIONAL REGISTER.—Except as 

27 provided in paragraph (2), after receipt of the report and recommenda28 tion, or if no report and recommendation are received within 60 days, 

29 the State shall make the nomination pursuant to section 2043.04 of 

30 this title. The State may expedite the process with the concurrence of 

31 the certified local government. 

32 (2) PROPERTY NOT NOMINATED TO NATIONAL REGISTER.—If both 

33 the commission and the chief local elected official recommend that a 

34 property not be nominated to the National Register, the State Historic 

35 Preservation Officer shall take no further action, unless, within 30 days 

36 of the receipt of the recommendation by the State Historic Preserva37 tion Officer, an appeal is filed with the State. If an appeal is filed, the 

38 State shall follow the procedures for making a nomination pursuant to 

39 section 2023.04 of this title. Any report and recommendations made 

40 under this section shall be included with any nomination submitted by 

41 the State to the Secretary. 


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1 § 2027.04. Eligibility and responsibility of certified local gov2 ernment 

3 Any local government that is certified under this section or that is mak4 ing efforts to become certified— 

5 (1) shall be eligible for funds under section 2055.03(d) of this title; 

6 and 

7 (2) shall carry out any responsibilities delegated to it in accordance 

8 with such terms and conditions as the Secretary considers necessary or 

9 advisable. 

10 CHAPTER 2029—HISTORIC PROPERTIES OF INDIAN 

11 TRIBES 

Sec. 

2029.01. Program to assist Indian tribes in preserving historic properties. 

2029.02. Indian tribe to assume functions of State Historic Preservation Officer. 

2029.03. Apportionment of grant funds. 

2029.04. Contracts and cooperative agreements. 

2029.05. Agreement for review under tribal historic preservation regulations. 

2029.06. Eligibility for inclusion on National Register. 

12 § 2029.01. Program to assist Indian tribes in preserving his13 toric properties 

14 (a) ESTABLISHMENT OF PROGRAM.—The Secretary shall establish a pro15 gram and promulgate regulations to assist Indian tribes in preserving their 

16 historic properties. 

17 (b) COMMUNICATION AND COOPERATION.—The Secretary shall foster 

18 communication and cooperation between Indian tribes and State Historic 

19 Preservation Officers in the administration of the national historic preserva20 tion program to— 

21 (1) ensure that all types of historic properties and all public interests 

22 in historic properties are given due consideration; and 

23 (2) encourage coordination among Indian tribes, State Historic Pres24 ervation Officers, and Federal agencies in historic preservation plan25 ning and in the identification, evaluation, protection, and interpretation 

26 of historic properties. 

27 (c) TRIBAL VALUES.—The program under subsection (a) shall be devel28 oped in a manner to ensure that tribal values are taken into account to the 

29 extent feasible. The Secretary may waive or modify requirements of this 

30 subdivision to conform to the cultural setting of tribal heritage preservation 

31 goals and objectives. 

32 (d) SCOPE OF TRIBAL PROGRAMS.—The tribal programs implemented by 

33 specific tribal organizations may vary in scope, as determined by each In34 dian tribe’s chief governing authority. 


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1 § 2029.02. Indian tribe to assume functions of State Historic 

2 Preservation Officer 

3 An Indian tribe may assume all or any part of the functions of a State 

4 Historic Preservation Officer in accordance with sections 2025.02 and 

5 2025.03 of this title, with respect to tribal land, as those responsibilities 

6 may be modified for tribal programs through regulations issued by the Sec7 retary, if— 

8 (1) the Indian tribe’s chief governing authority so requests; 

9 (2) the Indian tribe designates a tribal preservation official to admin10 ister the tribal historic preservation program, through appointment by 

11 the Indian tribe’s chief governing authority or as a tribal ordinance 

12 may otherwise provide; 

13 (3) the tribal preservation official provides the Secretary with a plan 

14 describing how the functions the tribal preservation official proposes to 

15 assume will be carried out; 

16 (4) the Secretary determines, after consulting with the Indian tribe, 

17 the appropriate State Historic Preservation Officer, the Council (if the 

18 Indian tribe proposes to assume the functions of the State Historic 

19 Preservation Officer with respect to review of undertakings under sec20 tion 2053.02 of this title), and other Indian tribes, if any, whose tribal 

21 or aboriginal land may be affected by conduct of the tribal preservation 

22 program, that— 

23 (A) the tribal preservation program is fully capable of carrying 

24 out the functions specified in the plan provided under paragraph 

25 (3); 

26 (B) the plan defines the remaining responsibilities of the Sec27 retary and the State Historic Preservation Officer; and 

28 (C) the plan provides, with respect to properties neither owned 

29 by a member of the Indian tribe nor held in trust by the Secretary 

30 for the benefit of the Indian tribe, at the request of the owner of 

31 the properties, that the State Historic Preservation Officer, in ad32 dition to the tribal preservation official, may exercise the historic 

33 preservation responsibilities in accordance with sections 2025.02 

34 and 2025.03 of this title; and 

35 (5) based on satisfaction of the conditions stated in paragraphs (1), 

36 (2), (3), and (4), the Secretary approves the plan. 

37 § 2029.03. Apportionment of grant funds 

38 In consultation with interested Indian tribes, other Native American orga39 nizations, and affected State Historic Preservation Officers, the Secretary 

40 shall establish and implement procedures for carrying out section 


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1 2055.03(a)(1) of this title with respect to tribal programs that assume re2 sponsibilities under section 2029.02 of this title. 

3 § 2029.04. Contracts and cooperative agreements 

4 At the request of an Indian tribe whose preservation program has been 

5 approved to assume functions and responsibilities pursuant to section 

6 2029.02 of this title, the Secretary shall enter into a contract or cooperative 

7 agreement with the Indian tribe permitting the assumption by the Indian 

8 tribe of any part of the responsibilities described in section 2025.04(b) of 

9 this title on tribal land, if— 

10 (1) the Secretary and the Indian tribe agree on additional financial 

11 assistance, if any, to the Indian tribe for the costs of carrying out those 

12 authorities; 

13 (2) the Secretary finds that the tribal historic preservation program 

14 has been demonstrated to be sufficient to carry out the contract or co15 operative agreement and this division; and 

16 (3) the contract or cooperative agreement specifies the continuing re17 sponsibilities of the Secretary or of the appropriate State Historic Pres18 ervation Officers and provides for appropriate participation by— 

19 (A) the Indian tribe’s traditional cultural authorities; 

20 (B) representatives of other Indian tribes whose traditional land 

21 is under the jurisdiction of the Indian tribe assuming responsibil22 ities; and 

23 (C) the public. 

24 § 2029.05. Agreement for review under tribal historic preser25 vation regulations 

26 The Council may enter into an agreement with an Indian tribe to permit 

27 undertakings on tribal land to be reviewed under tribal historic preservation 

28 regulations in place of review under regulations promulgated by the Council 

29 to govern compliance with section 2053.02 of this title, if the Council, after 

30 consultation with the Indian tribe and appropriate State Historic Preserva31 tion Officers, determines that the tribal preservation regulations will afford 

32 historic properties consideration equivalent to those afforded by the Coun33 cil’s regulations. 

34 § 2029.06. Eligibility for inclusion on National Register 

35 (a) IN GENERAL.—Properties of traditional religious and cultural impor36 tance to an Indian tribe or Native Hawaiian organization may be deter37 mined to be eligible for inclusion on the National Register. 

38 (b) CONSULTATION.—In carrying out its responsibilities under section 

39 2053.02 of this title, a Federal agency shall consult with any Indian tribe 

40 or Native Hawaiian organization that attaches religious and cultural signifi41 cance to properties described in subsection (a). 


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1 (c) HAWAII.—In carrying out responsibilities under section 2025.03 of 

2 this title, the State Historic Preservation Officer for Hawaii shall— 

3 (1) consult with Native Hawaiian organizations in assessing the cul4 tural significance of any property in determining whether to nominate 

5 the property to the National Register; 

6 (2) consult with Native Hawaiian organizations in developing the 

7 cultural component of a preservation program or plan for the property; 

8 and 

9 (3) enter into a memorandum of understanding or agreement with 

10 Native Hawaiian organizations for the assessment of the cultural sig11 nificance of a property in determining whether to nominate the prop12 erty to the National Register and to carry out the cultural component 

13 of the preservation program or plan. 

14 CHAPTER 2031—GRANTS 

Sec. 

2031.01. Matching grants. 

2031.02. Grants to National Trust. 

2031.03. Direct grants for the preservation of properties included on National Register. 

2031.04. Religious properties. 

2031.05. Grants and loans to Indian tribes and nonprofit organizations representing ethnic 

or minority groups. 

2031.06. Grants to Indian tribes and Native Hawaiian organizations. 

2031.07. Prohibited use of funds. 

2031.08. Training in, and dissemination of information concerning, professional methods and 

techniques for preservation of historic properties. 

2031.09. Preservation education and training program. 

15 § 2031.01. Matching grants 

16 (a) IN GENERAL.—The Secretary shall administer a program of matching 

17 grants to the States for the purposes of carrying out this division. 

18 (b) FEDERATED STATES OF MICRONESIA, THE MARSHALL ISLANDS, AND

19 PALAU.— 

20 (1) IN GENERAL.—As part of the program of matching grant assist21 ance from the Historic Preservation Fund to States, the Secretary shall 

22 administer a program of direct grants to the Federated States of Mi23 cronesia, the Marshall Islands, and Palau in furtherance of the Com24 pact of Free Association between the United States and the Federated 

25 States of Micronesia and the Marshall Islands, approved by the Com26 pact of Free Association Act of 1985 (48 U.S.C. 1901 et seq., 2001 

27 et seq.), and the Compact of Free Association between the United 

28 States and Palau, approved by the Joint Resolution entitled ‘‘Joint 

29 Resolution to approve the ‘Compact of Free Association’ between the 

30 United States and Government of Palau, and for other purposes’’ (48 

31 U.S.C. 1931 et seq.). 

32 (2) GOAL OF PROGRAM.—The goal of the program shall be to estab33 lish historic and cultural preservation programs that meet the unique 


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1 needs of each of those nations so that at the termination of the com2 pacts the programs shall be firmly established. 

3 (3) BASIS OF ALLOCATING AMOUNTS.—The amounts to be made 

4 available under this subsection shall be allocated by the Secretary on 

5 the basis of needs as determined by the Secretary. 

6 (4) WAIVERS AND MODIFICATIONS.—The Secretary may waive or 

7 modify the requirements of this subdivision to conform to the cultural 

8 setting of those nations. Matching funds may be waived or modified. 

9 § 2031.02. Grants to National Trust 

10 The Secretary may administer grants to the National Trust consistent 

11 with the purposes of its charter and this division. 

12 § 2031.03. Direct grants for the preservation of properties 

13 included on National Register 

14 (a) ADMINISTRATION OF PROGRAM.—The Secretary shall administer a 

15 program of direct grants for the preservation of properties included on the 

16 National Register. 

17 (b) AVAILABLE AMOUNT.—Funds to support the program annually shall 

18 not exceed 10 percent of the amount appropriated annually for the Historic 

19 Preservation Fund. 

20 (c) USES OF GRANTS.— 

21 (1) IN GENERAL.—Grants under this section may be made by the 

22 Secretary, in consultation with the appropriate State Historic Preserva23 tion Officer— 

24 (A) for the preservation of— 

25 (i) National Historic Landmarks that are threatened with 

26 demolition or impairment; and 

27 (ii) historic properties of World Heritage significance; 

28 (B) for demonstration projects that will provide information 

29 concerning professional methods and techniques having application 

30 to historic properties; 

31 (C) for the training and development of skilled labor in trades 

32 and crafts, and in analysis and curation, relating to historic pres33 ervation; and 

34 (D) to assist individuals or small businesses within any historic 

35 district included on the National Register to remain within the 

36 district. 

37 (2) LIMIT ON CERTAIN GRANTS.—A grant may be made under sub38 paragraph (A) or (D) of paragraph (1) only to the extent that the 

39 project cannot be carried out in as effective a manner through the use 

40 of an insured loan under section 2055.04 of this title. 


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1 § 2031.04. Religious properties 

2 (a) IN GENERAL.—Grants may be made under sections 2031.01 to 

3 2031.03, 2031.05, and 2031.06 of this title for the preservation, stabiliza4 tion, restoration, or rehabilitation of religious properties listed on the Na5 tional Register if the purpose of the grant— 

6 (1) is secular; 

7 (2) does not promote religion; and 

8 (3) seeks to protect qualities that are historically significant. 

9 (b) EFFECT OF SECTION.—Nothing in this section shall be construed to 

10 authorize the use of any funds made available under this subdivision for the 

11 acquisition of any religious property listed on the National Register. 

12 § 2031.05. Grants and loans to Indian tribes and nonprofit 

13 organizations representing ethnic or minority 

14 groups 

15 The Secretary may, in consultation with the appropriate State Historic 

16 Preservation Officer, make grants or loans or both under this subdivision 

17 to Indian tribes and to nonprofit organizations representing ethnic or mi18 nority groups for the preservation of their cultural heritage. 

19 § 2031.06. Grants to Indian tribes and Native Hawaiian orga20 nizations 

21 The Secretary shall administer a program of direct grants to Indian 

22 tribes and Native Hawaiian organizations for the purpose of carrying out 

23 this division as it pertains to Indian tribes and Native Hawaiian organiza24 tions. Matching fund requirements may be modified. Federal funds available 

25 to an Indian tribe or Native Hawaiian organization may be used as match26 ing funds for the purposes of the Indian tribe’s or Native Hawaiian organi27 zation’s conducting its responsibilities pursuant to this subdivision. 

28 § 2031.07. Prohibited use of funds 

29 No part of any grant made under this subdivision may be used to com30 pensate any person intervening in any proceeding under this division. 

31 § 2031.08. Training in, and dissemination of information 

32 concerning, professional methods and techniques 

33 for preservation of historic properties 

34 The Secretary shall develop and make available to Federal agencies, State 

35 and local governments, private organizations and individuals, and other na36 tions and international organizations pursuant to the World Heritage Con37 vention, training in, and information concerning, professional methods and 

38 techniques for the preservation of historic properties and for the administra39 tion of the historic preservation program at the Federal, State, and local 

40 level. The Secretary shall also develop mechanisms to provide information 

41 concerning historic preservation to the general public including students. 


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1 § 2031.09. Preservation education and training program 

2 The Secretary, in consultation with the Council and other appropriate 

3 Federal, tribal, Native Hawaiian, and non-Federal organizations, shall de4 velop and implement a comprehensive preservation education and training 

5 program. The program shall include— 

6 (1) standards and increased preservation training opportunities for 

7 Federal workers involved in preservation-related functions; 

8 (2) preservation training opportunities for other Federal, State, trib9 al and local government workers, and students; 

10 (3) technical or financial assistance, or both, to historically black col11 leges and universities, to tribal colleges, and to colleges with a high en12 rollment of Native Americans or Native Hawaiians, to establish preser13 vation training and degree programs; and 

14 (4) where appropriate, coordination with the National Center for 

15 Preservation Technology and Training of— 

16 (A) distribution of information on preservation technologies; 

17 (B) provision of training and skill development in trades, crafts, 

18 and disciplines related to historic preservation in Federal training 

19 and development programs; and 

20 (C) support for research, analysis, conservation, curation, inter21 pretation, and display related to preservation. 

22 Subdivision 3—Other Organizations and 

23 Programs 

24 CHAPTER 2041—ADVISORY COUNCIL ON HISTORIC 

25 PRESERVATION 

Sec. 

2041.01. Establishment; vacancies. 

2041.02. Duties of Council. 

2041.03. Cooperation between Council and instrumentalities of executive branch of Federal 

Government. 

2041.04. Compensation of members of Council. 

2041.05. Administration. 

2041.06. International Centre for the Study of the Preservation and Restoration of Cultural 

Property. 

2041.07. Transmittal of legislative recommendations, testimony, or comments to any officer 

or agency of the United States prior to submission to Congress. 

2041.08. Regulations, procedures, and guidelines. 

2041.09. Budget submission. 

2041.10. Report by Secretary to Council. 

2041.11. Reimbursements from State and local agencies. 

2041.12. Effectiveness of Federal grant and assistance programs. 

2041.13. Authorization of appropriations. 

26 § 2041.01. Establishment; vacancies 

27 (a) ESTABLISHMENT.—There is established as an independent agency of 

28 the United States Government an Advisory Council on Historic Preserva29 tion, which shall be composed of the following members: 


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1 (1) A Chairman appointed by the President selected from the general 

2 public. 

3 (2) The Secretary. 

4 (3) The Architect of the Capitol. 

5 (4) The Secretary of Agriculture and the heads of 7 other agencies 

6 of the United States (other than the Department of the Interior), the 

7 activities of which affect historic preservation, designated by the Presi8 dent. 

9 (5) One Governor appointed by the President. 

10 (6) One mayor appointed by the President. 

11 (7) The President of the National Conference of State Historic Pres12 ervation Officers. 

13 (8) The Chairman of the National Trust. 

14 (9) Four experts in the field of historic preservation appointed by 

15 the President from architecture, history, archaeology, and other appro16 priate disciplines. 

17 (10) Three members from the general public, appointed by the Presi18 dent. 

19 (11) One member of an Indian tribe or Native Hawaiian organiza20 tion who represents the interests of the Indian tribe or Native Hawai21 ian organization of which he or she is a member, appointed by the 

22 President. 

23 (b) DESIGNATION OF SUBSTITUTES.—Each member of the Council speci24 fied in paragraphs (2) to (5), (7), and (8) of subsection (a) may designate 

25 another officer of the department, agency, or organization to serve on the 

26 Council instead of the member, except that, in the case of paragraphs (2) 

27 and (4), no officer other than an Assistant Secretary or an officer having 

28 major department-wide or agency-wide responsibilities may be designated. 

29 (c) TERM OF OFFICE.—Each member of the Council appointed under 

30 paragraphs (1) and (9) to (11) of subsection (a) shall serve for a term of 

31 4 years from the expiration of the term of the member’s predecessor. The 

32 members appointed under paragraphs (5) and (6) shall serve for the term 

33 of their elected office but not in excess of 4 years. An appointed member 

34 may not serve more than 2 terms. An appointed member whose term has 

35 expired shall serve until that member’s successor has been appointed. 

36 (d) VACANCIES.—A vacancy in the Council shall not affect its powers, but 

37 shall be filled, not later than 60 days after the vacancy commences, in the 

38 same manner as the original appointment (and for the balance of the unex39 pired term). 

40 (e) DESIGNATION OF VICE CHAIRMAN.—The President shall designate a 

41 Vice Chairman from the members appointed under paragraph (5), (6), (9), 


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1 or (10) of subsection (a). The Vice Chairman may act in place of the Chair2 man during the absence or disability of the Chairman or when the office 

3 is vacant. 

4 (f) QUORUM.—Twelve members of the Council shall constitute a quorum. 

5 § 2041.02. Duties of Council 

6 (a) DUTIES.—The Council shall— 

7 (1) advise the President and Congress on matters relating to historic 

8 preservation, recommend measures to coordinate activities of Federal, 

9 State, and local agencies and private institutions and individuals relat10 ing to historic preservation, and advise on the dissemination of infor11 mation pertaining to those activities; 

12 (2) encourage, in cooperation with the National Trust and appro13 priate private agencies, public interest and participation in historic 

14 preservation; 

15 (3) recommend the conduct of studies in such areas as— 

16 (A) the adequacy of legislative and administrative statutes and 

17 regulations pertaining to historic preservation activities of State 

18 and local governments; and 

19 (B) the effects of tax policies at all levels of government on his20 toric preservation; 

21 (4) advise as to guidelines for the assistance of State and local gov22 ernments in drafting legislation relating to historic preservation; 

23 (5) encourage, in cooperation with appropriate public and private 

24 agencies and institutions, training and education in the field of historic 

25 preservation; 

26 (6) review the policies and programs of Federal agencies and rec27 ommend to Federal agencies methods to improve the effectiveness, co28 ordination, and consistency of those policies and programs with the 

29 policies and programs carried out under this division; and 

30 (7) inform and educate Federal agencies, State and local govern31 ments, Indian tribes, other nations and international organizations and 

32 private groups and individuals as to the Council’s authorized activities. 

33 (b) ANNUAL REPORT.—The Council annually shall submit to the Presi34 dent a comprehensive report of its activities and the results of its studies 

35 and shall from time to time submit additional and special reports as it 

36 deems advisable. Each report shall propose legislative enactments and other 

37 actions as, in the judgment of the Council, are necessary and appropriate 

38 to carry out its recommendations and shall provide the Council’s assessment 

39 of current and emerging problems in the field of historic preservation and 

40 an evaluation of the effectiveness of the programs of Federal agencies, State 

41 and local governments, and the private sector in carrying out this division. 


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1 § 2041.03. Cooperation between Council and instrumental2 ities of executive branch of Federal Government 

3 The Council may secure directly from any Federal agency information, 

4 suggestions, estimates, and statistics for the purpose of this chapter. Each 

5 Federal agency may furnish information, suggestions, estimates, and statis6 tics to the extent permitted by law and within available funds. 

7 § 2041.04. Compensation of members of Council 

8 The members of the Council specified in paragraphs (2), (3), and (4) of 

9 section 2041.01(a) of this title shall serve without additional compensation. 

10 The other members of the Council shall receive $100 per diem when en11 gaged in the performance of the duties of the Council. All members of the 

12 Council shall receive reimbursement for necessary traveling and subsistence 

13 expenses incurred by them in the performance of the duties of the Council. 

14 § 2041.05. Administration 

15 (a) EXECUTIVE DIRECTOR.—There shall be an Executive Director of the 

16 Council who shall be appointed in the competitive service by the Chairman 

17 with the concurrence of the Council. The Executive Director shall report di18 rectly to the Council and perform such functions and duties as the Council 

19 may prescribe. 

20 (b) GENERAL COUNSEL AND APPOINTMENT OF OTHER ATTORNEYS.— 

21 (1) GENERAL COUNSEL.—The Council shall have a General Counsel, 

22 who shall be appointed by the Executive Director. The General Counsel 

23 shall report directly to the Executive Director and serve as the Coun24 cil’s legal advisor. 

25 (2) APPOINTMENT OF OTHER ATTORNEYS.—The Executive Director 

26 shall appoint other attorneys as may be necessary to— 

27 (A) assist the General Counsel; 

28 (B) represent the Council in court when appropriate, including 

29 enforcement of agreements with Federal agencies to which the 

30 Council is a party; 

31 (C) assist the Department of Justice in handling litigation con32 cerning the Council in court; and 

33 (D) perform such other legal duties and functions as the Execu34 tive Director and the Council may direct. 

35 (c) APPOINTMENT AND COMPENSATION OF OFFICERS AND EMPLOY36 EES.—The Executive Director of the Council may appoint and fix the com37 pensation of officers and employees in the competitive service who are nec38 essary to perform the functions of the Council at rates not to exceed that 

39 prescribed for the highest rate for grade 15 of the General Schedule under 

40 section 5332 of title 5. The Executive Director, with the concurrence of the 

41 Chairman, may appoint and fix the compensation of not to exceed 5 employVerDate Mar 15 2010 20:20 Jun 09, 2011 Jkt 099200 PO 00000 Frm 00143 Fmt 6652 Sfmt 6221 E:\BILLS\H1950.IH H1950

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1 ees in the competitive service at rates not to exceed that prescribed for a 

2 position classified above GS–15 pursuant to section 5108 of title 5. 

3 (d) APPOINTMENT AND COMPENSATION OF ADDITIONAL PERSONNEL.— 

4 The Executive Director may appoint and fix the compensation of such addi5 tional personnel as may be necessary to carry out the Council’s duties, with6 out regard to the civil service laws and chapter 51 and subchapter III of 

7 chapter 53 of title 5. 

8 (e) EXPERT AND CONSULTANT SERVICES.—The Executive Director may 

9 procure expert and consultant services in accordance with section 3109 of 

10 title 5. 

11 (f) FINANCIAL AND ADMINISTRATIVE SERVICES.— 

12 (1) SERVICES TO BE PROVIDED BY SECRETARY, AGENCY, OR PRI13 VATE ENTITY.—Financial and administrative services (including those 

14 related to budgeting, accounting, financial reporting, personnel and 

15 procurement) shall be provided the Council by the Secretary or, at the 

16 discretion of the Council, another agency or private entity that reaches 

17 an agreement with the Council, for which payments shall be made in 

18 advance, or by reimbursement, from funds of the Council in such 

19 amounts as may be agreed on by the Chairman of the Council and the 

20 head of the agency or the authorized representative of the private enti21 ty that will provide the services. 

22 (2) FEDERAL AGENCY REGULATIONS RELATING TO COLLECTION

23 APPLY.—When a Federal agency affords those services, the regulations 

24 of that agency under section 5514(b) of title 5 for the collection of in25 debtedness of personnel resulting from erroneous payments shall apply 

26 to the collection of erroneous payments made to or on behalf of a 

27 Council employee, and regulations of that agency under sections 

28 1513(d) and 1514 of title 31 for the administrative control of funds 

29 shall apply to appropriations of the Council. The Council shall not be 

30 required to prescribe those regulations. 

31 (g) FUNDS, PERSONNEL, FACILITIES, AND SERVICES.— 

32 (1) PROVIDED BY FEDERAL AGENCY.—Any Federal agency may pro33 vide the Council, with or without reimbursement as may be agreed on 

34 by the Chairman and the agency, with such funds, personnel, facilities, 

35 and services under its jurisdiction and control as may be needed by the 

36 Council to carry out its duties, to the extent that the funds, personnel, 

37 facilities, and services are requested by the Council and are otherwise 

38 available for that purpose. Any funds provided to the Council pursuant 

39 to this subsection shall be expended by the end of the fiscal year fol40 lowing the fiscal year in which the funds are received by the Council. 


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1 (2) OBTAINING ADDITIONAL PROPERTY, FACILITIES, AND SERVICES

2 AND RECEIVING DONATIONS OF MONEY.—To the extent of available ap3 propriations, the Council may obtain by purchase, rental, donation, or 

4 otherwise additional property, facilities, and services as may be needed 

5 to carry out its duties and may receive donations of money for that 

6 purpose. The Executive Director may accept, hold, use, expend, and ad7 minister the property, facilities, services, and money for the purposes 

8 of this division. 

9 (h) RIGHTS, BENEFITS, AND PRIVILEGES OF TRANSFERRED EMPLOY10 EES.—Any employee in the competitive service of the United States trans11 ferred to the Council under this section shall retain all the rights, benefits, 

12 and privileges pertaining to the competitive service held prior to the trans13 fer. 

14 (i) EXEMPTION FROM FEDERAL ADVISORY COMMITTEE ACT.—The 

15 Council is exempt from the Federal Advisory Committee Act (5 U.S.C. 

16 App.). 

17 (j) PROVISIONS THAT GOVERN OPERATIONS OF COUNCIL.—Subchapter 

18 II of chapter 5 and chapter 7 of title 5 shall govern the operations of the 

19 Council. 

20 § 2041.06. International Centre for the Study of the Preser21 vation and Restoration of Cultural Property 

22 (a) AUTHORIZATION OF PARTICIPATION.—The participation of the United 

23 States as a member in the International Centre for the Study of the Preser24 vation and Restoration of Cultural Property is authorized. 

25 (b) OFFICIAL DELEGATION.—The Council shall recommend to the Sec26 retary of State, after consultation with the Smithsonian Institution and 

27 other public and private organizations concerned with the technical problems 

28 of preservation, the members of the official delegation that will participate 

29 in the activities of the International Centre for the Study of the Preserva30 tion and Restoration of Cultural Property on behalf of the United States. 

31 The Secretary of State shall appoint the members of the official delegation 

32 from the persons recommended to the Secretary of State by the Council. 

33 § 2041.07. Transmittal of legislative recommendations, testi34 mony, or comments to any officer or agency of the 

35 United States prior to submission to Congress 

36 No officer or agency of the United States shall have any authority to re37 quire the Council to submit its legislative recommendations, or testimony, 

38 or comments on legislation to any officer or agency of the United States 

39 for approval, comments, or review, prior to the submission of the rec40 ommendations, testimony, or comments to Congress. When the Council vol41 untarily seeks to obtain the comments or review of any officer or agency 


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1 of the United States, the Council shall include a description of the actions 

2 in its legislative recommendations, testimony, or comments on legislation 

3 that it transmits to Congress. 

4 § 2041.08. Regulations, procedures, and guidelines 

5 (a) IN GENERAL.—The Council may promulgate regulations as it con6 siders necessary to govern the implementation of section 2053.02 of this 

7 title. 

8 (b) PARTICIPATION BY LOCAL GOVERNMENTS.—The Council shall by reg9 ulation establish such procedures as may be necessary to provide for partici10 pation by local governments in proceedings and other actions taken by the 

11 Council with respect to undertakings referred to in section 2053.02 of this 

12 title that affect the local governments. 

13 (c) EXEMPTION FOR FEDERAL PROGRAMS OR UNDERTAKINGS.—The 

14 Council, with the concurrence of the Secretary, shall promulgate regulations 

15 or guidelines, as appropriate, under which Federal programs or under16 takings may be exempted from any or all of the requirements of this divi17 sion when the exemption is determined to be consistent with the purposes 

18 of this division, taking into consideration the magnitude of the exempted un19 dertaking or program and the likelihood of impairment of historic prop20 erties. 

21 § 2041.09. Budget submission 

22 (a) TIME AND MANNER OF SUBMISSION.—The Council shall submit its 

23 budget annually as a related agency of the Department of the Interior. 

24 (b) TRANSMITTAL OF COPIES TO CONGRESSIONAL COMMITTEES.—When25 ever the Council submits any budget estimate or request to the President 

26 or the Office of Management and Budget, it shall concurrently transmit 

27 copies of that estimate or request to the Committee on Natural Resources 

28 and Committee on Appropriations of the House of Representatives and the 

29 Committee on Energy and Natural Resources and Committee on Appropria30 tions of the Senate. 

31 § 2041.10. Report by Secretary to Council 

32 To assist the Council in discharging its responsibilities under this divi33 sion, the Secretary at the request of the Chairman shall provide a report 

34 to the Council detailing the significance of any historic property, describing 

35 the effects of any proposed undertaking on the affected property, and rec36 ommending measures to avoid, minimize, or mitigate adverse effects. 

37 § 2041.11. Reimbursements from State and local agencies 

38 Subject to applicable conflict of interest laws, the Council may receive re39 imbursements from State and local agencies and others pursuant to agree40 ments executed in furtherance of this division. 


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1 § 2041.12. Effectiveness of Federal grant and assistance pro2 grams 

3 (a) COOPERATIVE AGREEMENTS.—The Council may enter into a coopera4 tive agreement with any Federal agency that administers a grant or assist5 ance program for the purpose of improving the effectiveness of the adminis6 tration of the program in meeting the purposes and policies of this division. 

7 The cooperative agreement may include provisions that modify the selection 

8 criteria for a grant or assistance program to further the purposes of this 

9 division or that allow the Council to participate in the selection of recipients, 

10 if those provisions are not inconsistent with the grant or assistance pro11 gram’s statutory authorization and purpose. 

12 (b) REVIEW OF GRANT AND ASSISTANCE PROGRAMS.—The Council 

13 may— 

14 (1) review the operation of any Federal grant or assistance program 

15 to evaluate the effectiveness of the program in meeting the purposes 

16 and policies of this division; 

17 (2) make recommendations to the head of any Federal agency that 

18 administers the program to further the consistency of the program with 

19 the purposes and policies of this division and to improve its effective20 ness in carrying out those purposes and policies; and 

21 (3) make recommendations to the President and Congress regarding 

22 the effectiveness of Federal grant and assistance programs in meeting 

23 the purposes and policies of this division, including recommendations 

24 with regard to appropriate funding levels. 

25 § 2041.13. Authorization of appropriations 

26 There are authorized to be appropriated such amounts as are necessary 

27 to carry out this chapter. 

28 CHAPTER 2043—HISTORIC LIGHT STATION 

29 PRESERVATION 

Sec. 

2043.01. Definitions. 

2043.02. Duties of Secretary in providing a national historic light station program. 

2043.03. Selection of eligible entity and conveyance of historic light stations. 

2043.04. Terms of conveyance. 

2043.05. Description of property. 

2043.06. Historic light station sales. 

30 § 2043.01. Definitions 

31 In this chapter: 

32 (1) ADMINISTRATOR.—The term ‘‘Administrator’’ means the Admin33 istrator of General Services. 

34 (2) ELIGIBLE ENTITY.—The term ‘‘eligible entity’’ means— 

35 (A) any department or agency of the Federal Government; or 

36 (B) any department or agency of the State in which a historic 

37 light station is located, the local government of the community in 


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1 which a historic light station is located, a nonprofit corporation, 

2 an educational agency, or a community development organization 

3 that— 

4 (i) has agreed to comply with the conditions set forth in 

5 section 2043.04 of this title and to have the conditions re6 corded with the deed of title to the historic light station; and 

7 (ii) is financially able to maintain the historic light station 

8 in accordance with the conditions set forth in section 2043.04 

9 of this title. 

10 (3) FEDERAL AID TO NAVIGATION.— 

11 (A) IN GENERAL.—The term ‘‘Federal aid to navigation’’ means 

12 any device, operated and maintained by the United States, exter13 nal to a vessel or aircraft, intended to assist a navigator to deter14 mine position or safe course, or to warn of dangers or obstructions 

15 to navigation. 

16 (B) INCLUSIONS.—The term ‘‘Federal aid to navigation’’ in17 cludes a light, lens, lantern, antenna, sound signal, camera, sen18 sor, piece of electronic navigation equipment, power source, or 

19 other piece of equipment associated with a device described in sub20 paragraph (A). 

21 (4) HISTORIC LIGHT STATION.—The term ‘‘historic light station’’ in22 cludes the light tower, lighthouse, keeper’s dwelling, garages, storage 

23 sheds, oil house, fog signal building, boat house, barn, pumphouse, 

24 tramhouse support structures, piers, walkways, underlying and appur25 tenant land and related real property and improvements associated 

26 with a historic light station that is a historic property. 

27 § 2043.02. Duties of Secretary in providing a national his28 toric light station program 

29 To provide a national historic light station program, the Secretary shall— 

30 (1) collect and disseminate information concerning historic light sta31 tions; 

32 (2) foster educational programs relating to the history, practice, and 

33 contribution to society of historic light stations; 

34 (3) sponsor or conduct research and study into the history of light 

35 stations; 

36 (4) maintain a listing of historic light stations; and 

37 (5) assess the effectiveness of the program established by this chap38 ter regarding the conveyance of historic light stations. 


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1 § 2043.03. Selection of eligible entity and conveyance of his2 toric light stations 

3 (a) PROCESS AND POLICIES.—The Secretary and the Administrator shall 

4 maintain a process and policies for identifying, and selecting, an eligible en5 tity to which a historic light station could be conveyed for education, park, 

6 recreation, cultural, or historic preservation purposes, and to monitor the 

7 use of the light station by the eligible entity. 

8 (b) APPLICATION REVIEW.— 

9 (1) IN GENERAL.—The Secretary shall— 

10 (A) review all applications for the conveyance of a historic light 

11 station, when the agency with administrative jurisdiction over the 

12 historic light station has determined the property to be excess 

13 property (as that term is defined in section 102 of title 40); and 

14 (B) forward to the Administrator a single approved application 

15 for the conveyance of the historic light station. 

16 (2) CONSULTATION.—When selecting an eligible entity, the Secretary 

17 shall consult with the State Historic Preservation Officer of the State 

18 in which the historic light station is located. 

19 (c) CONVEYANCE OR SALE OF HISTORIC LIGHT STATIONS.— 

20 (1) CONVEYANCE BY ADMINISTRATOR.—Except as provided in para21 graph (2), after the Secretary’s selection of an eligible entity, the Ad22 ministrator shall convey, by quitclaim deed, without consideration, all 

23 right, title, and interest of the United States in and to a historic light 

24 station, subject to the conditions set forth in section 2043.04 of this 

25 title. The conveyance of a historic light station under this chapter shall 

26 not be subject to the McKinney-Vento Homeless Assistance Act (42 

27 U.S.C. 11301 et seq.) or section 416(d) of the Coast Guard Authoriza28 tion Act of 1998 (Public Law 105–383, 14 U.S.C. 93 note). 

29 (2) HISTORIC LIGHT STATION LOCATED WITHIN A SYSTEM UNIT OR

30 A REFUGE WITHIN NATIONAL WILDLIFE REFUGE SYSTEM.— 

31 (A) APPROVAL OF SECRETARY REQUIRED.—A historic light sta32 tion located within the exterior boundaries of a System unit or a 

33 refuge within the National Wildlife Refuge System shall be con34 veyed or sold only with the approval of the Secretary. 

35 (B) CONDITIONS OF CONVEYANCE.—If the Secretary approves 

36 the conveyance of a historic light station described in subpara37 graph (A), the conveyance shall be subject to the conditions set 

38 forth in section 2043.04 of this title and any other terms or condi39 tions that the Secretary considers necessary to protect the re40 sources of the System unit or wildlife refuge. 


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1 (C) CONDITIONS OF SALE.—If the Secretary approves the sale 

2 of a historic light station described in subparagraph (A), the sale 

3 shall be subject to the conditions set forth in paragraphs (1) to 

4 (4) and (8) of subsection (a), and subsection (b), of section 

5 2043.04 of this title and any other terms or conditions that the 

6 Secretary considers necessary to protect the resources of the Sys7 tem unit or wildlife refuge. 

8 (D) COOPERATIVE AGREEMENTS.—The Secretary is encouraged 

9 to enter into cooperative agreements with appropriate eligible enti10 ties with respect to historic light stations described in subpara11 graph (A), as provided in this division, to the extent that the coop12 erative agreements are consistent with the Secretary’s responsibil13 ities to manage and administer the System unit or wildlife refuge. 

14 § 2043.04. Terms of conveyance 

15 (a) IN GENERAL.—The conveyance of a historic light station shall be 

16 made subject to any conditions, including the reservation of easements and 

17 other rights on behalf of the United States, that the Administrator con18 siders necessary to ensure that— 

19 (1) the Federal aids to navigation located at the historic light station 

20 in operation on the date of conveyance remain the personal property 

21 of the United States and continue to be operated and maintained by 

22 the United States for as long as needed for navigational purposes; 

23 (2) there is reserved to the United States the right to remove, re24 place, or install any Federal aid to navigation located at the historic 

25 light station as may be necessary for navigational purposes; 

26 (3) the eligible entity to which the historic light station is conveyed 

27 shall not interfere or allow interference in any manner with any Fed28 eral aid to navigation or hinder activities required for the operation and 

29 maintenance of any Federal aid to navigation without the express writ30 ten permission of the head of the agency responsible for maintaining 

31 the Federal aid to navigation; 

32 (4)(A) the eligible entity to which the historic light station is con33 veyed shall, at its own cost and expense, use and maintain the historic 

34 light station in accordance with this division, the Secretary’s Standards 

35 for the Treatment of Historic Properties contained in part 68 of title 

36 36, Code of Federal Regulations, and other applicable laws; and 

37 (B) any proposed changes to the historic light station shall be re38 viewed and approved by the Secretary in consultation with the State 

39 Historic Preservation Officer of the State in which the historic light 

40 station is located, for consistency with section 800.5(a)(2)(vii) of title 

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1 habilitation contained in section 67.7 of title 36, Code of Federal Regu2 lations; 

3 (5) the eligible entity to which the historic light station is conveyed 

4 shall make the historic light station available for education, park, recre5 ation, cultural, or historic preservation purposes for the general public 

6 at reasonable times and under reasonable conditions; 

7 (6) the eligible entity to which the historic light station is conveyed 

8 shall not sell, convey, assign, exchange, or encumber the historic light 

9 station, any part of the historic light station, or any associated historic 

10 artifact conveyed to the eligible entity in conjunction with the historic 

11 light station conveyance, including any lens or lantern, unless the sale, 

12 conveyance, assignment, exchange, or encumbrance is approved by the 

13 Secretary; 

14 (7) the eligible entity to which the historic light station is conveyed 

15 shall not conduct any commercial activity at the historic light station, 

16 at any part of the historic light station, or in connection with any asso17 ciated historic artifact conveyed to the eligible entity in conjunction 

18 with the historic light station conveyance, in any manner, unless the 

19 commercial activity is approved by the Secretary; and 

20 (8) the United States shall have the right, at any time, to enter the 

21 historic light station without notice, for purposes of operating, main22 taining, and inspecting any aid to navigation and for the purpose of 

23 ensuring compliance with this section, to the extent that it is not pos24 sible to provide advance notice. 

25 (b) MAINTENANCE OF AID TO NAVIGATION.—Any eligible entity to which 

26 a historic light station is conveyed shall not be required to maintain any 

27 Federal aid to navigation associated with a historic light station, except any 

28 private aid to navigation permitted to the eligible entity under section 83 

29 of title 14. 

30 (c) REVERSION.—In addition to any term or condition established pursu31 ant to this section, the conveyance of a historic light station shall include 

32 a condition that the historic light station, or any associated historic artifact 

33 conveyed to the eligible entity in conjunction with the historic light station 

34 conveyance, including any lens or lantern, at the option of the Adminis35 trator, shall revert to the United States and be placed under the administra36 tive control of the Administrator, if— 

37 (1) the historic light station, any part of the historic light station, 

38 or any associated historic artifact ceases to be available for education, 

39 park, recreation, cultural, or historic preservation purposes for the gen40 eral public at reasonable times and under reasonable conditions that 

41 shall be set forth in the eligible entity’s application; 


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1 (2) the historic light station or any part of the historic light station 

2 ceases to be maintained in a manner that ensures its present or future 

3 use as a site for a Federal aid to navigation; 

4 (3) the historic light station, any part of the historic light station, 

5 or any associated historic artifact ceases to be maintained in compli6 ance with this division, the Secretary of the Interior’s Standards for 

7 the Treatment of Historic Properties contained in part 68 of title 36, 

8 Code of Federal Regulations, and other applicable laws; 

9 (4) the eligible entity to which the historic light station is conveyed 

10 sells, conveys, assigns, exchanges, or encumbers the historic light sta11 tion, any part of the historic light fixture, or any associated historic 

12 artifact, without approval of the Secretary; 

13 (5) the eligible entity to which the historic light station is conveyed 

14 conducts any commercial activity at the historic light station, at any 

15 part of the historic light station, or in conjunction with any associated 

16 historic artifact, without approval of the Secretary; or 

17 (6) at least 30 days before the reversion, the Administrator provides 

18 written notice to the owner that the historic light station or any part 

19 of the historic light station is needed for national security purposes. 

20 (d) LIGHT STATIONS ORIGINALLY CONVEYED UNDER OTHER AUTHOR21 ITY.—On receiving notice of an executed or intended conveyance by an 

22 owner that received from the Federal Government under authority other 

23 than this division an historic light station in which the United States retains 

24 a reversionary or other interest and that is conveying it to another person 

25 by sale, gift, or any other manner, the Secretary shall review the terms of 

26 the executed or proposed conveyance to ensure that any new owner is capa27 ble of or is complying with any and all conditions of the original conveyance. 

28 The Secretary may require the parties to the conveyance and relevant Fed29 eral agencies to provide information as is necessary to complete the review. 

30 If the Secretary determines that the new owner has not complied or is un31 able to comply with those conditions, the Secretary shall immediately advise 

32 the Administrator, who shall invoke any reversionary interest or take other 

33 action as may be necessary to protect the interests of the United States. 

34 § 2043.05. Description of property 

35 (a) IN GENERAL.—The Administrator shall prepare the legal description 

36 of any historic light station conveyed under this chapter. The Administrator, 

37 in consultation with the Secretary of Homeland Security and the Secretary, 

38 may retain all right, title, and interest of the United States in and to any 

39 historical artifact, including any lens or lantern, that is associated with the 

40 historic light station and located at the historic light station at the time of 

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1 terpreting the historic light station. In cases where there is no method for 

2 preserving lenses and other artifacts and equipment in situ, priority should 

3 be given to preservation or museum entities most closely associated with the 

4 historic light station, if they meet loan requirements. 

5 (b) ARTIFACTS.—Artifacts associated with, but not located at, a historic 

6 light station at the time of conveyance shall remain the property of the 

7 United States under the administrative control of the Secretary of Home8 land Security. 

9 (c) COVENANTS.—All conditions placed with the quitclaim deed of title to 

10 the historic light station shall be construed as covenants running with the 

11 land. 

12 (d) SUBMERGED LAND.—No submerged land shall be conveyed under this 

13 chapter. 

14 § 2043.06. Historic light station sales 

15 (a) IN GENERAL.— 

16 (1) WHEN SALE MAY OCCUR.—If no applicant is approved for the 

17 conveyance of a historic light station pursuant to sections 2043.01 to 

18 2043.05 of this title, the historic light station shall be offered for sale. 

19 (2) TERMS OF SALE.—Terms of the sales— 

20 (A) shall be developed by the Administrator; and 

21 (B) shall be consistent with the requirements of paragraphs (1) 

22 to (4) and (8) of subsection (a), and subsection (b), of section 

23 2043.04 of this title. 

24 (3) COVENANTS TO BE INCLUDED IN CONVEYANCE DOCUMENTS.— 

25 Conveyance documents shall include all necessary covenants to protect 

26 the historical integrity of the historic light station and ensure that any 

27 Federal aid to navigation located at the historic light station is oper28 ated and maintained by the United States for as long as needed for 

29 that purpose. 

30 (b) NET SALE PROCEEDS.— 

31 (1) DISPOSITION AND USE OF FUNDS.—Net sale proceeds from the 

32 disposal of a historic light station— 

33 (A) located on public domain land shall be transferred to the 

34 National Maritime Heritage Grants Program established under 

35 chapter 283 of this title in the Department of the Interior; and 

36 (B) under the administrative control of the Secretary of Home37 land Security— 

38 (i) shall be credited to the Coast Guard’s Operating Ex39 penses appropriation account; and 


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1 (ii) shall be available for obligation and expenditure for the 

2 maintenance of light stations remaining under the adminis3 trative control of the Secretary of Homeland Security. 

4 (2) AVAILABILITY OF FUNDS.—The funds referred to in paragraph 

5 (1)(B) shall remain available until expended and shall be available in 

6 addition to funds available in the Coast Guard’s Operating Expense ap7 propriation for that purpose. 

8 CHAPTER 2045—NATIONAL CENTER FOR 

9 PRESERVATION TECHNOLOGY AND TRAINING 

Sec. 

2045.01. Findings. 

2045.02. Definitions. 

2045.03. National Center for Preservation Technology and Training. 

2045.04. Preservation Technology and Training Board. 

2045.05. Preservation grants. 

2045.06. General provisions. 

2045.07. Service preservation centers and offices. 

10 § 2045.01. Findings 

11 Congress finds that, given the complexity of technical problems encoun12 tered in preserving historic properties and the lack of adequate distribution 

13 of technical information to preserve historic properties, a national initiative 

14 to coordinate and promote research, distribute information, and provide 

15 training about preservation skills and technologies would be beneficial. 

16 § 2045.02. Definitions 

17 In this chapter: 

18 (1) BOARD.—The term ‘‘Board’’ means the Preservation Technology 

19 and Training Board established pursuant to section 2045.04 of this 

20 title. 

21 (2) CENTER.—The term ‘‘Center’’ means the National Center for 

22 Preservation Technology and Training established pursuant to section 

23 2045.03 of this title. 

24 § 2045.03. National Center for Preservation Technology and 

25 Training 

26 (a) ESTABLISHMENT.—There is established within the Department of the 

27 Interior a National Center for Preservation Technology and Training. The 

28 Center shall be located at Northwestern State University of Louisiana in 

29 Natchitoches, Louisiana. 

30 (b) PURPOSES.—The purposes of the Center shall be to— 

31 (1) develop and distribute preservation and conservation skills and 

32 technologies for the identification, evaluation, conservation, and inter33 pretation of historic properties; 

34 (2) develop and facilitate training for Federal, State, and local re35 source preservation professionals, cultural resource managers, mainte36 nance personnel, and others working in the preservation field; 


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1 (3) take steps to apply preservation technology benefits from ongoing 

2 research by other agencies and institutions; 

3 (4) facilitate the transfer of preservation technology among Federal 

4 agencies, State and local governments, universities, international orga5 nizations, and the private sector; and 

6 (5) cooperate with related international organizations including the 

7 International Council on Monuments and Sites, the International Cen8 ter for the Study of Preservation and Restoration of Cultural Property, 

9 and the International Council on Museums. 

10 (c) PROGRAMS.—The purposes shall be carried out through research, pro11 fessional training, technical assistance, and programs for public awareness, 

12 and through a program of grants established under section 2045.05 of this 

13 title. 

14 (d) EXECUTIVE DIRECTOR.—The Center shall be headed by an Executive 

15 Director with demonstrated expertise in historic preservation appointed by 

16 the Secretary with advice of the Board. 

17 (e) ASSISTANCE FROM SECRETARY.—The Secretary shall provide the 

18 Center assistance in obtaining such personnel, equipment, and facilities as 

19 may be needed by the Center to carry out its activities. 

20 § 2045.04. Preservation Technology and Training Board 

21 (a) ESTABLISHMENT.—There is established a Preservation Technology 

22 and Training Board. 

23 (b) DUTIES.—The Board shall— 

24 (1) provide leadership, policy advice, and professional oversight to 

25 the Center; 

26 (2) advise the Secretary on priorities and the allocation of grants 

27 among the activities of the Center; and 

28 (3) submit an annual report to the President and Congress. 

29 (c) MEMBERSHIP.—The Board shall be comprised of— 

30 (1) the Secretary; 

31 (2) 6 members appointed by the Secretary, who shall represent ap32 propriate Federal, State, and local agencies, State and local historic 

33 preservation commissions, and other public and international organiza34 tions; and 

35 (3) 6 members appointed by the Secretary on the basis of out36 standing professional qualifications, who represent major organizations 

37 in the fields of archaeology, architecture, conservation, curation, engi38 neering, history, historic preservation, landscape architecture, planning, 

39 or preservation education. 


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1 § 2045.05. Preservation grants 

2 (a) IN GENERAL.—The Secretary, in consultation with the Board, shall 

3 provide preservation technology and training grants to eligible applicants 

4 with a demonstrated institutional capability and commitment to the pur5 poses of the Center, in order to ensure an effective and efficient system of 

6 research, information distribution, and skills training in all the related his7 toric preservation fields. 

8 (b) GRANT REQUIREMENTS.— 

9 (1) ALLOCATION.—Grants provided under this section shall be allo10 cated in such a fashion as to reflect the diversity of the historic preser11 vation fields and shall be geographically distributed. 

12 (2) LIMIT ON AMOUNT A RECIPIENT MAY RECEIVE.—No grant recipi13 ent may receive more than 10 percent of the grants allocated under 

14 this section within any year. 

15 (3) LIMIT ON ADMINISTRATIVE COSTS.—The total administrative 

16 costs, direct and indirect, charged for carrying out grants under this 

17 section may not exceed 25 percent of the aggregate costs. 

18 (c) ELIGIBLE APPLICANTS.—Eligible applicants may include— 

19 (1) Federal and non-Federal laboratories; 

20 (2) accredited museums; 

21 (3) universities; 

22 (4) nonprofit organizations; 

23 (5) System units and offices and Cooperative Park Study Units of 

24 the System; 

25 (6) State Historic Preservation Offices; 

26 (7) tribal preservation offices; and 

27 (8) Native Hawaiian organizations. 

28 (d) STANDARDS AND METHODS.—Grants shall be awarded in accordance 

29 with accepted professional standards and methods, including peer review of 

30 projects. 

31 § 2045.06. General provisions 

32 (a) ACCEPTANCE OF GRANTS AND TRANSFERS.—The Center may ac33 cept— 

34 (1) grants and donations from private individuals, groups, organiza35 tions, corporations, foundations, and other entities; and 

36 (2) transfers of funds from other Federal agencies. 

37 (b) CONTRACTS AND COOPERATIVE AGREEMENTS.—Subject to appropria38 tions, the Center may enter into contracts and cooperative agreements with 

39 Federal, State, local, and tribal governments, Native Hawaiian organiza40 tions, educational institutions, and other public entities to carry out the 

41 Center’s responsibilities under this chapter. 


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1 (c) ADDITIONAL FUNDS.—Funds appropriated for the Center shall be in 

2 addition to funds appropriated for Service programs, centers, and offices in 

3 existence on October 30, 1992. 

4 § 2045.07. Service preservation centers and offices 

5 To improve the use of existing Service resources, the Secretary shall fully 

6 utilize and further develop the Service preservation (including conservation) 

7 centers and regional offices. The Secretary shall improve the coordination 

8 of the centers and offices within the Service, and shall, where appropriate, 

9 coordinate their activities with the Center and with other appropriate par10 ties. 

11 Subdivision 4—Federal Responsibilities 

12 CHAPTER 2051.—HISTORIC PROPERTIES 

Subchapter I—Historic Properties Owned or Controlled by Federal 

Agencies 

Sec. 

2051.01. Assumption of responsibility for preservation of historic properties. 

2051.02. Preservation program. 

2051.03. Records on historic properties to be altered or demolished. 

2051.04. Agency Preservation Officer. 

2051.05. Agency programs and projects. 

2051.06. Review of plans of transferees of surplus federally owned historic properties. 

2051.07. Planning and actions to minimize harm to National Historic Landmarks. 

2051.08. Costs of preservation as eligible project costs. 

2051.09. Annual preservation awards program. 

2051.10. Environmental impact statement. 

2051.11. Waiver of provisions in event of natural disaster or imminent threat to national security. 

2051.12. Assistance for adversely affected historic property. 

2051.13. Documentation of decisions respecting undertakings. 

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

2051.21. Lease or exchange. 

2051.22. Contracts for managment of historic property. 

Subchapter III—Protection and Preservation of Resources 

2051.31. Standards and guidelines. 

2051.32. Access to information. 

13 Subchapter I—Historic Properties Owned or Controlled by 

14 Federal Agencies 

15 § 2051.01. Assumption of responsibility for preservation of 

16 historic properties 

17 (a) IN GENERAL.— 

18 (1) AGENCY HEAD RESPONSIBILITY.—The head of each Federal 

19 agency shall assume responsibility for the preservation of historic prop20 erties that are owned or controlled by the agency. 

21 (2) USE OF AVAILABLE HISTORIC PROPERTIES.—Prior to acquiring, 

22 constructing, or leasing a building for purposes of carrying out agency 

23 responsibilities, a Federal agency shall use, to the maximum extent fea24 sible, historic properties available to the agency, in accordance with Ex25 ecutive Order No. 13006 (40 U.S.C. 3306 note). 


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1 (3) NECESSARY PRESERVATION.—Each Federal agency shall under2 take, consistent with the preservation of historic properties, the mission 

3 of the agency, and the professional standards established pursuant to 

4 subsection (c), any preservation as may be necessary to carry out this 

5 chapter. 

6 (b) GUIDELINES FOR FEDERAL AGENCY RESPONSIBILITY FOR AGENCY7 OWNED HISTORIC PROPERTIES.—In consultation with the Council, the Sec8 retary shall promulgate guidelines for Federal agency responsibilities under 

9 this subchapter. 

10 (c) PROFESSIONAL STANDARDS FOR PRESERVATION OF FEDERALLY

11 OWNED OR CONTROLLED HISTORIC PROPERTIES.—The Secretary shall 

12 maintain, in consultation with the Secretary of Agriculture, the Secretary 

13 of Defense, the Smithsonian Institution, and the Administrator of General 

14 Services, professional standards for the preservation of historic properties 

15 in Federal ownership or control. 

16 § 2051.02. Preservation program 

17 (a) ESTABLISHMENT.—Each Federal agency (except an agency that is ex18 empted pursuant to section 2041.08(c) of this title) shall establish, in con19 sultation with the Secretary, a preservation program for the identification, 

20 evaluation, and nomination to the National Register, and protection, of his21 toric properties. 

22 (b) REQUIREMENTS.—The program shall ensure that— 

23 (1) historic properties under the jurisdiction or control of the agency 

24 are identified, evaluated, and nominated to the National Register; 

25 (2) historic properties under the jurisdiction or control of the agency 

26 are managed and maintained in a way that considers the preservation 

27 of their historic, archaeological, architectural, and cultural values in 

28 compliance with section 2053.02 of this title and gives special consider29 ation to the preservation of those values in the case of properties des30 ignated as having national significance; 

31 (3) the preservation of properties not under the jurisdiction or con32 trol of the agency but potentially affected by agency actions are given 

33 full consideration in planning; 

34 (4) the agency’s preservation-related activities are carried out in con35 sultation with other Federal, State, and local agencies, Indian tribes, 

36 Native Hawaiian organizations carrying out historic preservation plan37 ning activities, and the private sector; and 

38 (5) the agency’s procedures for compliance with section 2053.02 of 

39 this title— 

40 (A) are consistent with regulations promulgated by the Council 

41 pursuant to section 2041.08(a) and (b) of this title; 


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1 (B) provide a process for the identification and evaluation of 

2 historic properties for listing in the National Register and the de3 velopment and implementation of agreements, in consultation with 

4 State Historic Preservation Officers, local governments, Indian 

5 tribes, Native Hawaiian organizations, and the interested public, 

6 as appropriate, regarding the means by which adverse effects on 

7 historic properties will be considered; and 

8 (C) provide for the disposition of Native American cultural 

9 items from Federal or tribal land in a manner consistent with sec10 tion 3(c) of the Native American Graves Protection and Repatri11 ation Act (25 U.S.C. 3002(c)). 

12 § 2051.03. Records on historic properties to be altered or de13 molished 

14 Each Federal agency shall initiate measures to ensure that where, as a 

15 result of Federal action or assistance carried out by the agency, a historic 

16 property is to be substantially altered or demolished— 

17 (1) timely steps are taken to make or have made appropriate 

18 records; and 

19 (2) the records are deposited, in accordance with section 2023.06 of 

20 this title, in the Library of Congress or with such other appropriate 

21 agency as the Secretary may designate, for future use and reference. 

22 § 2051.04. Agency Preservation Officer 

23 The head of each Federal agency (except an agency that is exempted 

24 under section 2041.08(c) of this title) shall designate a qualified official to 

25 be known as the agency’s Preservation Officer who shall be responsible for 

26 coordinating the agency’s activities under this division. Each Preservation 

27 Officer may, to be considered qualified, satisfactorily complete an appro28 priate training program established by the Secretary under section 

29 2051.01(c) of this title. 

30 § 2051.05. Agency programs and projects 

31 Consistent with the agency’s missions and mandates, each Federal agency 

32 shall carry out agency programs and projects (including those under which 

33 any Federal assistance is provided or any Federal license, permit, or other 

34 approval is required) in accordance with the purposes of this division and 

35 give consideration to programs and projects that will further the purposes 

36 of this division. 

37 § 2051.06. Review of plans of transferees of surplus federally 

38 owned historic properties 

39 The Secretary shall review and approve the plans of transferees of surplus 

40 federally owned historic properties not later than 90 days after receipt of 


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1 the plans to ensure that the prehistorical, historical, architectural, or cul2 turally significant values will be preserved or enhanced. 

3 § 2051.07. Planning and actions to minimize harm to Na4 tional Historic Landmarks 

5 Prior to the approval of any Federal undertaking that may directly and 

6 adversely affect any National Historic Landmark, the head of the respon7 sible Federal agency shall— 

8 (1) to the maximum extent possible, undertake such planning and 

9 actions as may be necessary to minimize harm to the landmark; and 

10 (2) afford the Council a reasonable opportunity to comment on the 

11 undertaking. 

12 § 2051.08. Costs of preservation as eligible project costs 

13 A Federal agency may include the costs of preservation activities of the 

14 agency under this division as eligible project costs in all undertakings of the 

15 agency or assisted by the agency. The eligible project costs may include 

16 amounts paid by a Federal agency to a State to be used in carrying out 

17 the preservation responsibilities of the Federal agency under this division, 

18 and reasonable costs may be charged to Federal licensees and permittees 

19 as a condition to the issuance of the license or permit. 

20 § 2051.09. Annual preservation awards program 

21 The Secretary shall establish an annual preservation awards program 

22 under which the Secretary may make monetary awards in amounts of not 

23 to exceed $1,000 and provide citations for special achievement to officers 

24 and employees of Federal, State, and certified local governments in recogni25 tion of their outstanding contributions to the preservation of historic re26 sources. The program may include the issuance of annual awards by the 

27 President to any citizen of the United States recommended for the award 

28 by the Secretary. 

29 § 2051.10. Environmental impact statement 

30 Nothing in this division shall be construed to— 

31 (1) require the preparation of an environmental impact statement 

32 where the statement would not otherwise be required under the Na33 tional Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.); or 

34 (2) provide any exemption from any requirement respecting the prep35 aration of an environmental impact statement under that Act. 

36 § 2051.11. Waiver of provisions in event of natural disaster 

37 or imminent threat to national security 

38 The Secretary shall promulgate regulations under which the requirements 

39 of this chapter may be waived in whole or in part in the event of a major 

40 natural disaster or an imminent threat to national security. 


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1 § 2051.12. Assistance for adversely affected historic property 

2 Each Federal agency shall ensure that the agency will not grant a loan, 

3 loan guarantee, permit, license, or other assistance to an applicant that, 

4 with intent to avoid the requirements of section 2053.02 of this title, has 

5 intentionally significantly adversely affected a historic property to which the 

6 grant would relate, or having legal power to prevent it, has allowed the sig7 nificant adverse effect to occur, unless the agency, after consultation with 

8 the Council, determines that circumstances justify granting the assistance 

9 despite the adverse effect created or permitted by the applicant. 

10 § 2051.13. Documentation of decisions respecting under11 takings 

12 With respect to any undertaking subject to section 2053.02 of this title 

13 that adversely affects any property included in or eligible for inclusion on 

14 the National Register, and for which a Federal agency has not entered into 

15 an agreement pursuant to regulations issued by the Council, the head of the 

16 agency shall document any decision made pursuant to section 2053.02 of 

17 this title. The head of the agency may not delegate responsibilities pursuant 

18 to that section. Where a memorandum of agreement under section 2053.02 

19 of this title has been executed with respect to an undertaking, the memo20 randum shall govern the undertaking and all of its parts. 

21 Subchapter II—Lease, Exchange, or Management of Historic 

22 Property 

23 § 2051.21. Lease or exchange 

24 (a) AUTHORITY TO LEASE OR EXCHANGE.—Notwithstanding any other 

25 provision of law, each Federal agency, after consultation with the Council— 

26 (1) shall, to the extent practicable, establish and implement alter27 natives (including adaptive use) for historic properties that are not 

28 needed for current or projected agency purposes; and 

29 (2) may lease a historic property owned by the agency to any person 

30 or organization, or exchange any property owned by the agency with 

31 comparable historic property, if the agency head determines that the 

32 lease or exchange will adequately ensure the preservation of the historic 

33 property. 

34 (b) PROCEEDS OF LEASE.—Notwithstanding any other provision of law, 

35 the proceeds of any lease under subsection (a) may be retained by the agen36 cy entering into the lease and used to defray the costs of administration, 

37 maintenance, repair, and related expenses incurred by the agency with re38 spect to that property or other properties that are on the National Register 

39 that are owned by, or are under the jurisdiction or control of, the agency. 

40 Any surplus proceeds from the leases shall be deposited in the Treasury at 


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1 the end of the second fiscal year following the fiscal year in which the pro2 ceeds were received. 

3 § 2051.22. Contracts for management of historic property 

4 The head of any Federal agency having responsibility for the management 

5 of any historic property may, after consultation with the Council, enter into 

6 a contract for the management of the property. The contract shall contain 

7 terms and conditions that the head of the agency considers necessary or ap8 propriate to protect the interests of the United States and ensure adequate 

9 preservation of the historic property. 

10 Subchapter III—Protection and Preservation of Resources 

11 § 2051.31. Standards and guidelines 

12 (a) STANDARDS.— 

13 (1) IN GENERAL.—Each Federal agency that is responsible for the 

14 protection of historic property (including archaeological property) pur15 suant to this division or any other law shall ensure that— 

16 (A) all actions taken by employees or contractors of the agency 

17 meet professional standards under regulations developed by the 

18 Secretary in consultation with the Council, other affected agencies, 

19 and the appropriate professional societies of archaeology, architec20 ture, conservation, history, landscape architecture, and planning; 

21 (B) agency personnel or contractors responsible for historic 

22 properties meet qualification standards established by the Office of 

23 Personnel Management in consultation with the Secretary and ap24 propriate professional societies of archaeology, architecture, con25 servation, curation, history, landscape architecture, and planning; 

26 and 

27 (C) records and other data, including data produced by histor28 ical research and archaeological surveys and excavations, are per29 manently maintained in appropriate databases and made available 

30 to potential users pursuant to such regulations as the Secretary 

31 shall promulgate. 

32 (2) CONSIDERATIONS.—The standards referred to in paragraph 

33 (1)(B) shall consider the particular skills and expertise needed for the 

34 preservation of historic properties and shall be equivalent requirements 

35 for the disciplines involved. 

36 (b) GUIDELINES.—To promote the preservation of historic property eligi37 ble for listing on the National Register, the Secretary shall, in consultation 

38 with the Council, promulgate guidelines to ensure that Federal, State, and 

39 tribal historic preservation programs subject to this division include plans 

40 to— 


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1 (1) provide information to the owners of historic property with dem2 onstrated or likely research significance, about the need for protection 

3 of the historic property, and the available means of protection; 

4 (2) encourage owners to preserve historic property intact and in 

5 place and offer the owners of the historic property information on the 

6 tax and grant assistance available for the donation of the historic prop7 erty or of a preservation easement of the historic property; 

8 (3) encourage the protection of Native American cultural items 

9 (within the meaning of section 2 of the Native American Graves Pro10 tection and Repatriation Act (25 U.S.C. 3001)) and of properties of 

11 religious or cultural importance to Indian tribes, Native Hawaiians, or 

12 other Native American groups; and 

13 (4) encourage owners that are undertaking archaeological exca14 vations to— 

15 (A) conduct excavations and analyses that meet standards for 

16 federally-sponsored excavations established by the Secretary; 

17 (B) donate or lend artifacts of research significance to an ap18 propriate research institution; 

19 (C) allow access to artifacts for research purposes; and 

20 (D) prior to excavating or disposing of a Native American cul21 tural item in which an Indian tribe or Native Hawaiian organiza22 tion may have an interest under subparagraph (B) or (C) of sec23 tion 3(a)(2) of the Native American Graves Protection and Repa24 triation Act (25 U.S.C. 3002(a)(2)(B), (C)), give notice to and 

25 consult with the Indian tribe or Native Hawaiian organization. 

26 § 2051.32. Access to information 

27 (a) AUTHORITY TO WITHHOLD FROM DISCLOSURE.—The head of a Fed28 eral agency, or other public official receiving grant assistance pursuant to 

29 this division, after consultation with the Secretary, shall withhold from dis30 closure to the public information about the location, character, or ownership 

31 of a historic property if the Secretary and the agency determine that disclo32 sure may— 

33 (1) cause a significant invasion of privacy; 

34 (2) risk harm to the historic property; or 

35 (3) impede the use of a traditional religious site by practitioners. 

36 (b) ACCESS DETERMINATION.—When the head of a Federal agency or 

37 other public official determines that information should be withheld from 

38 the public pursuant to subsection (a), the Secretary, in consultation with 

39 the Federal agency head or official, shall determine who may have access 

40 to the information for the purpose of carrying out this division. 


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1 (c) CONSULTATION WITH COUNCIL.—When information described in sub2 section (a) has been developed in the course of an agency’s compliance with 

3 section 2051.07 or 2053.02 of this title, the Secretary shall consult with the 

4 Council in reaching determinations under subsections (a) and (b). 

5 CHAPTER 2053—UNDERTAKINGS 

Sec. 

2053.01. Undertakings outside United States. 

2053.02. Effect of undertakings on historic property. 

6 § 2053.01. Undertakings outside United States 

7 Prior to the approval of any undertaking outside the United States that 

8 may directly and adversely affect a property that is on the World Heritage 

9 List or on the applicable country’s equivalent of the National Register, the 

10 head of a Federal agency having direct or indirect jurisdiction over the un11 dertaking shall take into account the effect of the undertaking on the prop12 erty for purposes of avoiding or mitigating any adverse effect. 

13 § 2053.02. Effect of undertakings on historic property 

14 The head of any Federal agency having direct or indirect jurisdiction over 

15 a proposed undertaking in any State and the head of any Federal depart16 ment or independent agency having authority to license any undertaking 

17 shall, prior to the approval of the expenditure of any Federal funds on the 

18 undertaking or prior to the issuance of any license, as the case may be, take 

19 into account the effect of the undertaking on any historic property. The 

20 head of the Federal agency shall afford the Council a reasonable oppor21 tunity to comment with regard to the undertaking. 

22 CHAPTER 2055—FINANCING 

Subchapter I—Financial Assistance 

Sec. 

2055.01. Awarding grant funds. 

2055.02. Grants to National Trust. 

2055.03. Apportionment of grant funds. 

2055.04. Loan insurance program for preservation of property included on National Register. 

2055.05. Recordkeeping. 

Subchapter II—Sources of Funds 

2055.11. Historic Preservation Fund. 

2055.12. Acceptance by Secretary of privately donated funds. 

23 Subchapter I—Financial Assistance 

24 § 2055.01. Awarding grant funds 

25 (a) CONDITIONS.— 

26 (1) IN GENERAL.—No grant may be made under this division— 

27 (A) unless application for the grant is submitted to the Sec28 retary in accordance with regulations and procedures prescribed by 

29 the Secretary; 

30 (B) unless the application is in accordance with the comprehen31 sive statewide historic preservation plan that has been approved by 

32 the Secretary after considering its relationship to the comprehenVerDate Mar 15 2010 20:20 Jun 09, 2011 Jkt 099200 PO 00000 Frm 00164 Fmt 6652 Sfmt 6221 E:\BILLS\H1950.IH H1950

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1 sive statewide outdoor recreation plan prepared pursuant to chap2 ter 1053; 

3 (C) for more than 60 percent of the aggregate costs of carrying 

4 out projects and programs under the administrative control of the 

5 State Historic Preservation Officer as specified in section 2025.03 

6 of this title in any one fiscal year; 

7 (D) unless the grantee has agreed to make reports, in such form 

8 and containing such information, as the Secretary may from time 

9 to time require; 

10 (E) unless the grantee has agreed to assume, after completion 

11 of the project, the total cost of the continued maintenance, repair, 

12 and administration of the property in a manner satisfactory to the 

13 Secretary; and 

14 (F) until the grantee has complied with such further terms and 

15 conditions as the Secretary may consider necessary or advisable. 

16 (2) SOURCE OF STATE SHARE OF COSTS.—Except as permitted by 

17 other law, the State share of the costs referred to in paragraph (1)(C) 

18 shall be contributed by non-Federal sources. 

19 (b) GRANT NOT TREATED AS TAXABLE INCOME.—Notwithstanding any 

20 other provision of law, no grant made pursuant to this division shall be 

21 treated as taxable income for purposes of the Internal Revenue Code of 

22 1986 (26 U.S.C. 1 et seq.). 

23 (c) WAIVER.—The Secretary may waive the requirements of subpara24 graphs (B) and (E) of subsection (a)(1) for any grant under this division 

25 to the National Trust. 

26 (d) RESTRICTION ON USE OF REAL PROPERTY TO MEET NON-FEDERAL

27 SHARE OF COST OF PROJECT.—No State shall be permitted to utilize the 

28 value of real property obtained before October 15, 1966, in meeting the 

29 non-Federal share of the cost of a project for which a grant is made under 

30 this division. 

31 (e) AVAILABILITY.—The Secretary shall make funding available to indi32 vidual States and the National Trust as soon as practicable after execution 

33 of a grant agreement. For purposes of administration, grants to individual 

34 States and the National Trust each shall be deemed to be one grant and 

35 shall be administered by the Service as one grant. 

36 (f) ADMINISTRATIVE COSTS.—The total administrative costs, direct and 

37 indirect, charged for carrying out State projects and programs may not ex38 ceed 25 percent of the aggregate costs except in the case of a grant under 

39 section 2031.01(b) of this title. 


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1 § 2055.02. Grants to National Trust 

2 The Secretary of Housing and Urban Development may make grants to 

3 the National Trust, on terms and conditions and in amounts (not exceeding 

4 $90,000 with respect to any one structure) as the Secretary of Housing and 

5 Urban Development considers appropriate, to cover the costs incurred by 

6 the National Trust in renovating or restoring structures that the National 

7 Trust considers to be of historic or architectural value and that the National 

8 Trust has accepted and will maintain (after the renovation or restoration) 

9 for historic purposes. 

10 § 2055.03. Apportionment of grant funds 

11 (a) BASES FOR APPORTIONMENT.—The amounts appropriated and made 

12 available for grants to the States— 

13 (1) for the purposes of this division shall be apportioned among the 

14 States by the Secretary on the basis of needs as determined by the Sec15 retary; and 

16 (2) for projects and programs under this division for each fiscal year 

17 shall be apportioned among the States as the Secretary determines to 

18 be appropriate. 

19 (b) NOTIFICATION.—The Secretary shall notify each State of its appor20 tionment under subsection (a)(2) within 30 days after the date of enactment 

21 of legislation appropriating funds under this division. 

22 (c) REAPPORTIONMENT.—Any amount of any apportionment that has not 

23 been paid or obligated by the Secretary during the fiscal year in which the 

24 notification is given or during the 2 fiscal years after that fiscal year shall 

25 be reapportioned by the Secretary in accordance with subsection (a)(2). The 

26 Secretary shall analyze and revise as necessary the method of apportion27 ment. The method and any revision shall be published by the Secretary in 

28 the Federal Register. 

29 (d) TRANSFER OF FUNDS TO CERTIFIED LOCAL GOVERNMENTS.—Not 

30 less than 10 percent of the annual apportionment distributed by the Sec31 retary to each State for the purposes of carrying out this division shall be 

32 transferred by the State, pursuant to the requirements of this division, to 

33 certified local governments for historic preservation projects or programs of 

34 the certified local governments. In any year in which the total annual appor35 tionment to the States exceeds $65,000,000, 50 percent of the excess shall 

36 also be transferred by the States to certified local governments. 

37 (e) GUIDELINES FOR USE AND DISTRIBUTION OF FUNDS TO CERTIFIED

38 LOCAL GOVERNMENTS.—The Secretary shall establish guidelines for the use 

39 and distribution of funds under subsection (d) to ensure that no certified 

40 local government receives a disproportionate share of the funds available, 

41 and may include a maximum or minimum limitation on the amount of funds 


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1 distributed to any single certified local government. The guidelines shall not 

2 limit the ability of any State to distribute more than 10 percent of its an3 nual apportionment under subsection (d), nor shall the Secretary require 

4 any State to exceed the 10 percent minimum distribution to certified local 

5 governments. 

6 § 2055.04. Loan insurance program for preservation of prop7 erty included on National Register 

8 (a) ESTABLISHMENT.—The Secretary shall maintain a program by which 

9 the Secretary may, on application of a private lender, insure loans (includ10 ing loans made in accordance with a mortgage) made by the lender to fi11 nance any project for the preservation of a property included on the Na12 tional Register. 

13 (b) LOAN QUALIFICATIONS.—A loan may be insured under this section 

14 if— 

15 (1) the loan is made by a private lender approved by the Secretary 

16 as financially sound and able to service the loan properly; 

17 (2) the amount of the loan, and interest rate charged with respect 

18 to the loan, do not exceed the amount and rate established by the Sec19 retary by regulation; 

20 (3) the Secretary has consulted the appropriate State Historic Pres21 ervation Officer concerning the preservation of the historic property; 

22 (4) the Secretary has determined that the loan is adequately secured 

23 and there is reasonable assurance of repayment; 

24 (5) the repayment period of the loan does not exceed the lesser of 

25 40 years or the expected life of the asset financed; 

26 (6) the amount insured with respect to the loan does not exceed 90 

27 percent of the loss sustained by the lender with respect to the loan; 

28 and 

29 (7) the loan, the borrower, and the historic property to be preserved 

30 meet such other terms and conditions as may be prescribed by the Sec31 retary by regulation, especially terms and conditions relating to the na32 ture and quality of the preservation work. 

33 (c) CONSULTATION.—The Secretary shall consult with the Secretary of 

34 the Treasury regarding the interest rate of loans insured under this section. 

35 (d) LIMITATION ON AMOUNT OF UNPAID PRINCIPAL BALANCE OF

36 LOANS.—The aggregate unpaid principal balance of loans insured under 

37 this section and outstanding at any one time may not exceed the amount 

38 that has been deposited in the Historic Preservation Fund pursuant to sec39 tion 2055.11 of this title and subsections (h) and (i), as in effect on Decem40 ber 12, 1980, but which has not been appropriated for any purpose. 


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1 (e) INSURANCE CONTRACTS.—Any contract of insurance executed by the 

2 Secretary under this section may be assignable, shall be an obligation sup3 ported by the full faith and credit of the United States, and shall be incon4 testable except for fraud or misrepresentation of which the holder had ac5 tual knowledge at the time it became a holder. 

6 (f) CONDITIONS AND METHODS OF PAYMENT AS RESULT OF LOSS.—The 

7 Secretary shall specify, by regulation and in each contract entered into 

8 under this section, the conditions and method of payment to a private lender 

9 as a result of losses incurred by the lender on any loan insured under this 

10 section. 

11 (g) PROTECTION OF FINANCIAL INTERESTS OF FEDERAL GOVERN12 MENT.—In entering into any contract to insure a loan under this section, 

13 the Secretary shall take steps to ensure adequate protection of the financial 

14 interests of the Federal Government. The Secretary may— 

15 (1) in connection with any foreclosure proceeding, obtain, on behalf 

16 of the Federal Government, the historic property securing a loan in17 sured under this section; and 

18 (2) operate or lease the historic property for such period as may be 

19 necessary to protect the interest of the Federal Government and to 

20 carry out subsection (h). 

21 (h) CONVEYANCE TO GOVERNMENTAL OR NONGOVERNMENTAL ENTITY

22 OF PROPERTY ACQUIRED BY FORECLOSURE.— 

23 (1) ATTEMPT TO CONVEY TO ENSURE PROPERTY’S PRESERVATION

24 AND USE.—In any case in which a historic property is obtained pursu25 ant to subsection (g), the Secretary shall attempt to convey the prop26 erty to any governmental or nongovernmental entity under conditions 

27 that will ensure the property’s continued preservation and use. If, after 

28 a reasonable time, the Secretary, in consultation with the Council, de29 termines that there is no feasible and prudent means to convey the 

30 property and to ensure its continued preservation and use, the Sec31 retary may convey the property at the fair market value of its interest 

32 in the property to any entity without restriction. 

33 (2) DISPOSITION OF FUNDS.—Any funds obtained by the Secretary 

34 in connection with the conveyance of any historic property pursuant to 

35 paragraph (1) shall be deposited in the Historic Preservation Fund and 

36 shall remain available in the Historic Preservation Fund until appro37 priated by the Congress to carry out this division. 

38 (i) ASSESSMENT OF FEES IN CONNECTION WITH INSURING LOANS.— 

39 The Secretary may assess appropriate and reasonable fees in connection 

40 with insuring loans under this section. The fees shall be deposited in the 


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1 Historic Preservation Fund and shall remain available in the Historic Pres2 ervation Fund until appropriated by Congress to carry out this division. 

3 (j) TREATMENT OF LOANS AS NON-FEDERAL FUNDS.—Notwithstanding 

4 any other provision of law, any loan insured under this section shall be 

5 treated as non-Federal funds for the purposes of satisfying any requirement 

6 of any other provision of law under which Federal funds to be used for any 

7 project or activity are conditioned on the use of non-Federal funds by the 

8 recipient for payment of any portion of the costs of the project or activity. 

9 (k) INELIGIBILITY OF DEBT OBLIGATION FOR PURCHASE OR COMMIT10 MENT TO PURCHASE BY, OR SALE OR ISSUANCE TO, FEDERAL FINANCING

11 BANK.—No debt obligation that is made or committed to be made, or that 

12 is insured or committed to be insured, by the Secretary under this section 

13 shall be eligible for purchase by, or commitment to purchase by, or sale or 

14 issuance to, the Federal Financing Bank. 

15 § 2055.05. Recordkeeping 

16 A beneficiary of assistance under this division shall keep— 

17 (1) such records as the Secretary shall prescribe, including records 

18 that fully disclose— 

19 (A) the disposition by the beneficiary of the proceeds of the as20 sistance; 

21 (B) the total cost of the project or undertaking in connection 

22 with which the assistance is given or used; and 

23 (C) the amount and nature of that portion of the cost of the 

24 project or undertaking supplied by other sources; and 

25 (2) such other records as will facilitate an effective audit. 

26 Subchapter II—Sources of Funds 

27 § 2055.11. Historic Preservation Fund 

28 (a) ESTABLISHMENT.—To carry out this division, there is in the Treas29 ury the Historic Preservation Fund. 

30 (b) CONTENTS.—For each of fiscal years 2009 to 2015, $150,000,000 

31 shall be deposited in the Historic Preservation Fund from revenues due and 

32 payable to the United States under section 9 of the Outer Continental Shelf 

33 Lands Act (43 U.S.C. 1338) or section 7433(b) of title 10, notwithstanding 

34 any provision of law that those proceeds shall be credited to miscellaneous 

35 receipts of the Treasury. 

36 (c) USE AND AVAILABILITY.—Amounts in the Historic Preservation Fund 

37 shall be used only to carry out this division and shall be available for ex38 penditure only when appropriated by Congress. Any amount not appro39 priated shall remain available in the Historic Preservation Fund until ap40 propriated for those purposes. Appropriations made pursuant to this section 

41 may be made without fiscal year limitation. 


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1 § 2055.12. Acceptance by Secretary of privately donated 

2 funds 

3 (a) PROJECTS FOR WHICH FUNDS MAY BE USED.—In furtherance of the 

4 purposes of this division, the Secretary may accept the donation of funds 

5 that may be expended by the Secretary for projects to acquire, restore, pre6 serve, or recover data from any property included on the National Register, 

7 as long as the project is owned by a State, any unit of local government, 

8 or any nonprofit entity. 

9 (b) CONSIDERATION OF FACTORS RESPECTING EXPENDITURE OF

10 FUNDS.— 

11 (1) IN GENERAL.—In expending the funds, the Secretary shall give 

12 due consideration to— 

13 (A) the national significance of the project; 

14 (B) its historical value to the community; 

15 (C) the imminence of its destruction or loss; and 

16 (D) the expressed intentions of the donor. 

17 (2) FUNDS AVAILABLE WITHOUT REGARD TO MATCHING REQUIRE18 MENTS.—Funds expended under this subsection shall be made available 

19 without regard to the matching requirements established by section 

20 2055.01 of this title, but the recipient of the funds shall be permitted 

21 to utilize them to match any grants from the Historic Preservation 

22 Fund. 

23 (c) TRANSFER OF UNOBLIGATED FUNDS.—The Secretary may transfer 

24 unobligated funds previously donated to the Secretary for the purposes of 

25 the Service, with the consent of the donor, and any funds so transferred 

26 shall be used or expended in accordance with this division. 

27 Subdivision 5—Miscellaneous 

28 CHAPTER 2061—MISCELLANEOUS 

Sec. 

2061.01. World Heritage Convention. 

2061.02. National Building Museum. 

2061.03. Effective date of regulations. 

2061.04. White House, Supreme Court building, and United States Capitol not included in 

program for preservation of historic properties. 

2061.05. Attorney’s fees and costs to prevailing parties in civil actions. 

2061.06. Authorization for expenditure of appropriated funds. 

2061.07. Donations and bequests of money, personal property, and less than fee interests in 

historic property. 

29 § 2061.01. World Heritage Convention 

30 (a) PARTICIPATION BY UNITED STATES.—The Secretary shall direct and 

31 coordinate participation by the United States in the World Heritage Con32 vention in cooperation with the Secretary of State, the Smithsonian Institu33 tion, and the Council. Whenever possible, expenditures incurred in carrying 

34 out activities in cooperation with other nations and international organizaVerDate Mar 15 2010 20:20 Jun 09, 2011 Jkt 099200 PO 00000 Frm 00170 Fmt 6652 Sfmt 6221 E:\BILLS\H1950.IH H1950

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1 tions shall be paid for in such excess currency of the country or area where 

2 the expense is incurred as may be available to the United States. 

3 (b) NOMINATION OF PROPERTY TO WORLD HERITAGE COMMITTEE.— 

4 The Secretary shall periodically nominate properties that the Secretary de5 termines are of international significance to the World Heritage Committee 

6 on behalf of the United States. No property may be nominated unless it has 

7 previously been determined to be of national significance. Each nomination 

8 shall include evidence of such legal protections as may be necessary to en9 sure preservation of the property and its environment (including restrictive 

10 covenants, easements, or other forms of protection). Before making any 

11 nomination, the Secretary shall notify the Committee on Natural Resources 

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

13 Resources of the Senate. 

14 (c) NOMINATION OF NON-FEDERAL PROPERTY TO WORLD HERITAGE

15 COMMITTEE REQUIRES WRITTEN CONCURRENCE OF OWNER.—No non16 Federal property may be nominated by the Secretary to the World Heritage 

17 Committee for inclusion on the World Heritage List unless the owner of the 

18 property concurs in the nomination in writing. 

19 § 2061.02. National Building Museum 

20 (a) DEFINITIONS.—In this section: 

21 (1) BUILDING ARTS.—The term ‘‘building arts’’ includes all practical 

22 and scholarly aspects of prehistoric, historic, and contemporary archi23 tecture, archaeology, construction, building technology and skills, land24 scape architecture, preservation and conservation, building and con25 struction, engineering, urban and community design and renewal, city 

26 and regional planning, and related professions, skills, trades, and 

27 crafts. 

28 (2) COMMITTEE.—The term ‘‘Committee’’ means the Committee for 

29 a National Museum of the Building Arts, Incorporated, a nonprofit cor30 poration organized and existing under the laws of the District of Co31 lumbia, or its successor. 

32 (b) COOPERATIVE AGREEMENT TO OPERATE MUSEUM.—To provide a 

33 national center to commemorate and encourage the building arts and to pre34 serve and maintain a nationally significant building that exemplifies the 

35 great achievements of the building arts in the United States, the Secretary 

36 and the Administrator of General Services shall enter into a cooperative 

37 agreement with the Committee for the operation of a National Building Mu38 seum in the Federal building located in the block bounded by Fourth Street, 

39 Fifth Street, F Street, and G Street, Northwest in Washington, District of 

40 Columbia. 

41 (c) PURPOSES OF MUSEUM.—The National Building Museum shall— 


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1 (1) collect and disseminate information concerning the building arts, 

2 including the establishment of a national reference center for current 

3 and historic documents, publications, and research relating to the 

4 building arts; 

5 (2) foster educational programs relating to the history, practice, and 

6 contribution to society of the building arts, including promotion of 

7 imaginative educational approaches to enhance understanding and ap8 preciation of all facets of the building arts; 

9 (3) publicly display temporary and permanent exhibits illustrating, 

10 interpreting and demonstrating the building arts; 

11 (4) sponsor or conduct research and study into the history of the 

12 building arts and their role in shaping our civilization; and 

13 (5) encourage contributions to the building arts. 

14 (d) PROVISIONS OF COOPERATIVE AGREEMENT.—The cooperative agree15 ment referred to in subsection (b) shall include provisions that— 

16 (1) make the site available to the Committee without charge; 

17 (2) provide, subject to available appropriations, such maintenance, 

18 security, information, janitorial, and other services as may be necessary 

19 to ensure the preservation and operation of the site; and 

20 (3) prescribe reasonable terms and conditions by which the Com21 mittee can fulfill its responsibilities under this division. 

22 (e) MATCHING GRANTS TO COMMITTEE.—The Secretary shall provide 

23 matching grants to the Committee for its programs related to historic pres24 ervation. The Committee shall match the grants in such a manner and with 

25 such funds and services as shall be satisfactory to the Secretary, except that 

26 not more than $500,000 may be provided to the Committee in any one fiscal 

27 year. 

28 (f) ANNUAL COMMITTEE REPORT TO SECRETARY AND ADMINIS29 TRATOR.—The Committee shall submit an annual report to the Secretary 

30 and the Administrator of General Services concerning its activities under 

31 this section and shall provide the Secretary and the Administrator of Gen32 eral Services with such other information as the Secretary may consider 

33 necessary or advisable. 

34 § 2061.03. Effective date of regulations 

35 (a) PUBLICATION IN FEDERAL REGISTER.—No final regulation of the 

36 Secretary shall become effective prior to the expiration of 30 calendar days 

37 after it is published in the Federal Register during which either or both 

38 Houses of Congress are in session. 

39 (b) DISAPPROVAL OF REGULATION BY RESOLUTION OF CONGRESS.—The 

40 regulation shall not become effective if, within 90 calendar days of contin41 uous session of Congress after the date of promulgation, both Houses of 


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1 Congress adopt a concurrent resolution, the matter after the resolving 

2 clause of which is as follows: ‘‘That Congress disapproves the regulation 

3 promulgated by the Secretary dealing with the matter of , which 

4 regulation was transmitted to Congress on , ’’ the blank spaces 

5 in the resolution being appropriately filled. 

6 (c) FAILURE OF CONGRESS TO ADOPT RESOLUTION OF DISAPPROVAL OF

7 REGULATION.—If at the end of 60 calendar days of continuous session of 

8 Congress after the date of promulgation of a regulation, no committee of 

9 either House of Congress has reported or been discharged from further con10 sideration of a concurrent resolution disapproving the regulation, and nei11 ther House has adopted such a resolution, the regulation may go into effect 

12 immediately. If, within the 60 calendar days, a committee has reported or 

13 been discharged from further consideration of such a resolution, the regula14 tion may go into effect not sooner than 90 calendar days of continuous ses15 sion of Congress after its promulgation unless disapproved as provided for. 

16 (d) SESSIONS OF CONGRESS.—For purposes of this section— 

17 (1) continuity of session is broken only by an adjournment sine die; 

18 and 

19 (2) the days on which either House is not in session because of an 

20 adjournment of more than 3 days to a day certain are excluded in the 

21 computation of 60 and 90 calendar days of continuous session of Con22 gress. 

23 (e) CONGRESSIONAL INACTION OR REJECTION OF RESOLUTION OF DIS24 APPROVAL NOT DEEMED APPROVAL OF REGULATION.—Congressional inac25 tion on or rejection of a resolution of disapproval shall not be deemed an 

26 expression of approval of the regulation. 

27 § 2061.04. White House, Supreme Court building, and United 

28 States Capitol not included in program for preser29 vation of historic properties 

30 Nothing in this division shall be construed to be applicable to the White 

31 House and its grounds, the Supreme Court building and its grounds, or the 

32 United States Capitol and its related buildings and grounds. 

33 § 2061.05. Attorney’s fees and costs to prevailing parties in 

34 civil actions 

35 In any civil action brought in any United States district court by any in36 terested person to enforce this division, if the person substantially prevails 

37 in the action, the court may award attorney’s fees, expert witness fees, and 

38 other costs of participating in the civil action, as the court considers reason39 able. 


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1 § 2061.06. Authorization for expenditure of appropriated 

2 funds 

3 Where appropriate, each Federal agency may expend funds appropriated 

4 for its authorized programs for the purposes of activities carried out pursu5 ant to this division, except to the extent that appropriations legislation ex6 pressly provides otherwise. 

7 § 2061.07. Donations and bequests of money, personal prop8 erty, and less than fee interests in historic prop9 erty 

10 (a) MONEY AND PERSONAL PROPERTY.—The Secretary may accept dona11 tions and bequests of money and personal property for the purposes of this 

12 division and shall hold, use, expend, and administer the money and personal 

13 property for those purposes. 

14 (b) LESS THAN FEE INTEREST IN HISTORIC PROPERTY.—The Secretary 

15 may accept gifts or donations of less than fee interests in any historic prop16 erty where the acceptance of an interest will facilitate the conservation or 

17 preservation of the historic property. Nothing in this section or in any provi18 sion of this division shall be construed to affect or impair any other author19 ity of the Secretary under other provision of law to accept or acquire any 

20 property for conservation or preservation or for any other purpose. 

21 DIVISION C—ORGANIZATIONS AND PROGRAMS 

22 CHAPTER 2071—NATIONAL TRUST FOR HISTORIC 

23 PRESERVATION IN THE UNITED STATES 

Sec. 

2071.01. Definition. 

2071.02. Establishment and purposes. 

2071.03. Principal office. 

2071.04. Board of trustees. 

2071.05. Powers and duties. 

2071.06. Consultation with Advisory Board. 

24 § 2071.01. Definition 

25 In this chapter, the term ‘‘Board’’ means the board of trustees of the Na26 tional Trust. 

27 § 2071.02. Establishment and purposes 

28 (a) ESTABLISHMENT.—To further the policy enunciated in chapter 201 

29 of this title, and to facilitate public participation in the preservation of sites, 

30 buildings, and objects of national significance or interest, there is estab31 lished a charitable, educational, and nonprofit corporation to be known as 

32 the National Trust for Historic Preservation in the United States. 

33 (b) PURPOSES.—The purposes of the National Trust shall be to— 

34 (1) receive donations of sites, buildings, and objects significant in 

35 American history and culture; 

36 (2) preserve and administer them for public benefit; 


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1 (3) accept, hold, and administer gifts of money, securities, or other 

2 property of any character for the purpose of carrying out the preserva3 tion of sites, buildings, and objects of natural significance or interest; 

4 and 

5 (4) execute other functions vested in it by this chapter. 

6 § 2071.03. Principal office 

7 The National Trust shall have its principal office in the District of Co8 lumbia and shall be deemed, for purposes of venue in civil actions, to be 

9 a resident of the District of Columbia. The National Trust may establish 

10 offices in other places as it may consider necessary or appropriate in the 

11 conduct of its business. 

12 § 2071.04. Board of trustees 

13 (a) MEMBERSHIP.—The affairs of the National Trust shall be under the 

14 general direction of a board of trustees composed as follows: 

15 (1) The Attorney General, the Secretary, and the Director of the Na16 tional Gallery of Art, ex officio. 

17 (2) Not fewer than 6 general trustees who shall be citizens of the 

18 United States. 

19 (b) DESIGNATION OF ANOTHER OFFICER.—The Attorney General and 

20 the Secretary, when it appears desirable in the interest of the conduct of 

21 the business of the Board and to such extent as they consider it advisable, 

22 may, by written notice to the National Trust, designate any officer of their 

23 respective departments to act for them in the discharge of their duties as 

24 a member of the Board. 

25 (c) GENERAL TRUSTEES.— 

26 (1) NUMBER AND SELECTION.—The number of general trustees shall 

27 be fixed by the Board and shall be chosen by the members of the Na28 tional Trust from its members at any regular meeting of the National 

29 Trust. 

30 (2) TERM OF OFFICE.—The respective terms of office of the general 

31 trustees shall be as prescribed by the Board but in no case shall exceed 

32 a period of 5 years from the date of election. 

33 (3) SUCCESSOR.—A successor to a general trustee shall be chosen 

34 in the same manner and shall have a term expiring 5 years from the 

35 date of the expiration of the term for which the predecessor was cho36 sen, except that a successor chosen to fill a vacancy occurring prior to 

37 the expiration of a term shall be chosen only for the remainder of that 

38 term. 

39 (d) CHAIRMAN.—The chairman of the Board shall be elected by a major40 ity vote of the members of the Board. 


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1 (e) COMPENSATION AND REIMBURSEMENT.—No compensation shall be 

2 paid to the members of the Board for their services as such members, but 

3 they shall be reimbursed for travel and actual expenses necessarily incurred 

4 by them in attending board meetings and performing other official duties 

5 on behalf of the National Trust at the direction of the Board. 

6 § 2071.05. Powers and duties 

7 To the extent necessary to enable it to carry out the functions vested in 

8 it by this chapter, the National Trust shall have the following general pow9 ers: 

10 (1) The National Trust shall have succession until dissolved by Act 

11 of Congress, in which event title to the properties of the National 

12 Trust, both real and personal, shall, insofar as consistent with existing 

13 contractual obligations and subject to all other legally enforceable 

14 claims or demands by or against the National Trust, pass to and be15 come vested in the United States. 

16 (2) The National Trust may sue and be sued in its corporate name. 

17 (3) The National Trust may adopt, alter, and use a corporate seal 

18 that shall be judicially noticed. 

19 (4) The National Trust may adopt a constitution and make bylaws 

20 and regulations, not inconsistent with the laws of the United States or 

21 of any State, as it considers necessary for the administration of its 

22 functions under this chapter, including among other matter, bylaws and 

23 regulations governing visitation to historic properties, administration of 

24 corporate funds, and the organization and procedure of the Board. 

25 (5) The National Trust may accept, hold, and administer gifts and 

26 bequests of money, securities, or other personal property of any char27 acter, absolutely or in trust, for the purposes for which the National 

28 Trust is created. Unless otherwise restricted by the terms of a gift or 

29 bequest, the National Trust may sell, exchange, or otherwise dispose 

30 of, and invest or reinvest in investments as it may determine from time 

31 to time, the moneys, securities, or other property given or bequeathed 

32 to it. The principal of corporate funds, together with the income from 

33 those funds and all other revenues received by it from any source, shall 

34 be placed in depositories that the National Trust shall determine and 

35 shall be subject to expenditure by the National Trust for its corporate 

36 purposes. 

37 (6) The National Trust may acquire by gift, devise, purchase, or oth38 erwise, absolutely or in trust, and hold and, unless otherwise restricted 

39 by the terms of the gift or devise, encumber, convey, or otherwise dis40 pose of, any real property, or any estate or interest in the property (ex41 cept property within the exterior boundaries of a System unit), as may 


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1 be necessary and proper in carrying into effect the purposes of the Na2 tional Trust. 

3 (7) The National Trust may contract and make cooperative agree4 ments with Federal, State, or local agencies, corporations, associations, 

5 or individuals, under terms and conditions that the National Trust con6 siders advisable, respecting the protection, preservation, maintenance, 

7 or operation of any historic site, building, object, or property used in 

8 connection with the site, building, or object for public use, regardless 

9 of whether the National Trust has acquired title to the properties, or 

10 any interest in the properties. 

11 (8) The National Trust may enter into contracts generally and exe12 cute all instruments necessary or appropriate to carry out its corporate 

13 purposes, including concession contracts, leases, or permits for the use 

14 of land, buildings, or other property considered desirable either to ac15 commodate the public or to facilitate administration. 

16 (9) The National Trust may appoint and prescribe the duties of offi17 cers, agents, and employees as may be necessary to carry out its func18 tions, and fix and pay compensation to them for their services as the 

19 National Trust may determine. 

20 (10) The National Trust may generally do any and all lawful acts 

21 necessary or appropriate to carry out the purposes for which the Na22 tional Trust is created. 

23 § 2071.06. Consultation with Advisory Board 

24 In carrying out its functions under this chapter, the National Trust may 

25 consult with the Advisory Board on National Parks, Historic Sites, Build26 ings, and Monuments on matters relating to the selection of sites, buildings, 

27 and objects to be preserved and protected pursuant to this chapter. 

28 CHAPTER 2073—COMMISSION FOR THE PRESERVATION 

29 OF AMERICA’S HERITAGE ABROAD 

Sec. 

2073.01. Definition. 

2073.02. Declaration of national interest. 

2073.03. Establishment. 

2073.04. Duties and powers; administrative support. 

2073.05. Reports. 

30 § 2073.01. Definition 

31 In this chapter, the term ‘‘Commission’’ means the Commission for the 

32 Preservation of America’s Heritage Abroad established under section 

33 2073.03 of this title. 

34 § 2073.02. Declaration of national interest 

35 Because the fabric of a society is strengthened by visible reminders of the 

36 historical roots of the society, it is in the national interest to encourage the 


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1 preservation and protection of the cemeteries, monuments, and historic 

2 buildings associated with the foreign heritage of United States citizens. 

3 § 2073.03. Establishment 

4 (a) ESTABLISHMENT.—There is established a commission to be known as 

5 the Commission for the Preservation of America’s Heritage Abroad. 

6 (b) MEMBERSHIP.—The Commission shall consist of 21 members ap7 pointed by the President, 7 of whom shall be appointed after consultation 

8 with the Speaker of the House of Representatives and 7 of whom shall be 

9 appointed after consultation with the President pro tempore of the Senate. 

10 (c) TERM.— 

11 (1) IN GENERAL.—Except as provided in paragraph (2), a member 

12 of the Commission shall be appointed for a term of 3 years. 

13 (2) VACANCY.—A member appointed to fill a vacancy on the Com14 mission shall serve for the remainder of the term for which the mem15 ber’s predecessor was appointed. 

16 (3) MEMBER UNTIL SUCCESSOR APPOINTED.—A member may retain 

17 membership on the Commission until the member’s successor has been 

18 appointed. 

19 (d) CHAIRMAN.—The President shall designate the Chairman of the Com20 mission from among its members. 

21 (e) MEETINGS.—The Commission shall meet at least once every 6 

22 months. 

23 (f) COMPENSATION AND EXPENSES.— 

24 (1) COMPENSATION.—Members of the Commission shall receive no 

25 pay on account of their service on the Commission. 

26 (2) EXPENSES.—While away from their homes or regular places of 

27 business in the performance of services for the Commission, members 

28 of the Commission shall be allowed travel expenses, including per diem 

29 in lieu of subsistence, in the same manner as individuals employed 

30 intermittently in the Government service are allowed expenses under 

31 section 5703 of title 5. 

32 § 2073.04. Duties and powers; administrative support 

33 (a) DUTIES.—The Commission shall— 

34 (1) identify and publish a list of cemeteries, monuments, and historic 

35 buildings located abroad that are associated with the foreign heritage 

36 of United States citizens from eastern and central Europe, particularly 

37 cemeteries, monuments, and buildings that are in danger of deteriora38 tion or destruction; 

39 (2) encourage the preservation and protection of those cemeteries, 

40 monuments, and historic buildings by obtaining, in cooperation with the 


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1 Secretary of State, assurances from foreign governments that the ceme2 teries, monuments, and buildings will be preserved and protected; and 

3 (3) prepare and disseminate reports on the condition of, and the 

4 progress toward preserving and protecting, those cemeteries, monu5 ments, and historic buildings. 

6 (b) POWERS.— 

7 (1) HOLD HEARINGS, REQUEST ATTENDANCE, TAKE TESTIMONY, 

8 AND RECEIVE EVIDENCE.—The Commission or any member it author9 izes may, for the purposes of carrying out this chapter, hold such hear10 ings, sit and act at such times and places, request such attendance, 

11 take such testimony, and receive such evidence, as the Commission con12 siders appropriate. 

13 (2) APPOINT PERSONNEL AND FIX PAY.—The Commission may ap14 point such personnel (subject to the provisions of title 5 governing ap15 pointments in the competitive service) and may fix the pay of such per16 sonnel (subject to the provisions of chapter 51 and subchapter III of 

17 chapter 53 of title 5), as the Commission considers desirable. 

18 (3) PROCURE TEMPORARY AND INTERMITTENT SERVICES.—The 

19 Commission may procure temporary and intermittent services to the 

20 same extent as is authorized by section 3109(b) of title 5, but at rates 

21 for individuals not to exceed the daily equivalent of the maximum an22 nual rate of basic pay then in effect under section 5376 of title 5. 

23 (4) DETAIL PERSONNEL TO COMMISISON.—On request of the Com24 mission, the head of any Federal department or agency, including the 

25 Secretary of State, may detail, on a reimbursable basis, any of the per26 sonnel of that department or agency to the Commission to assist it in 

27 carrying out its duties under this chapter. 

28 (5) SECURE INFORMATION.—The Commission may secure directly 

29 from any department or agency of the United States, including the De30 partment of State, any information necessary to enable it to carry out 

31 this chapter. On the request of the Chairman of the Commission, the 

32 head of the department or agency shall furnish the information to the 

33 Commission. 

34 (6) GIFTS OR DONATIONS.—The Commission may accept, use, and 

35 dispose of gifts or donations of money or property. 

36 (7) USE OF MAILS.—The Commission may use the United States 

37 mails in the same manner and on the same conditions as other depart38 ments and agencies of the United States. 

39 (c) ADMINISTRATIVE SUPPORT.—The Administrator of General Services 

40 shall provide to the Commission on a reimbursable basis administrative sup41 port services as the Commission may request. 


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1 § 2073.05. Reports 

2 The Commission shall transmit an annual report to the President as soon 

3 as practicable after the end of each fiscal year. Each report shall include 

4 a detailed statement of the activities and accomplishments of the Commis5 sion during the preceding fiscal year and any recommendations by the Com6 mission for legislation and administrative actions. 

7 CHAPTER 2075—AMERICAN BATTLEFIELD PROTECTION 

8 PROGRAM 

Sec. 

2075.01. Purpose. 

2075.02. Definitions. 

2075.03. Preservation assistance. 

2075.04. Battlefield acquisition grant program. 

9 § 2075.01. Purpose 

10 The purpose of this chapter is to assist citizens, public and private insti11 tutions, and governments at all levels in planning, interpreting, and pro12 tecting sites where historic battles were fought on American soil during the 

13 armed conflicts that shaped the growth and development of the United 

14 States, in order that present and future generations may learn and gain in15 spiration from the ground where Americans made their ultimate sacrifice. 

16 § 2075.02. Definitions 

17 In this chapter: 

18 (1) ELIGIBLE ENTITY.—The term ‘‘eligible entity’’ means a State or 

19 local government. 

20 (2) ELIGIBLE SITE.—The term ‘‘eligible site’’ means a site— 

21 (A) that is not within the exterior boundaries of a System unit; 

22 and 

23 (B) that is identified in the document entitled ‘‘Report on the 

24 Nation’s Civil War Battlefields’’, prepared by the Civil War Sites 

25 Advisory Commission, and dated July 1993. 

26 (3) SECRETARY.—The term ‘‘Secretary’’ means the Secretary, acting 

27 through the American Battlefield Protection Program. 

28 § 2075.03. Preservation assistance 

29 (a) IN GENERAL.—Using the established national historic preservation 

30 program to the extent practicable, the Secretary shall encourage, support, 

31 assist, recognize, and work in partnership with citizens, Federal, State, 

32 local, and tribal governments, other public entities, educational institutions, 

33 and private nonprofit organizations in identifying, researching, evaluating, 

34 interpreting, and protecting historic battlefields and associated sites on a 

35 national, State, and local level. 

36 (b) FINANCIAL ASSISTANCE.—To carry out subsection (a), the Secretary 

37 may use a cooperative agreement, grant, contract, or other generally adopt38 ed means of providing financial assistance. 


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1 (c) AUTHORIZATION OF APPROPRIATIONS.—There is authorized to be ap2 propriated $3,000,000 annually to carry out this section, to remain available 

3 until expended. 

4 § 2075.04. Battlefield acquisition grant program 

5 (a) ESTABLISHMENT.—The Secretary shall establish a battlefield acquisi6 tion grant program under which the Secretary may provide grants to eligible 

7 entities to pay the Federal share of the cost of acquiring interests in eligible 

8 sites for the preservation and protection of those eligible sites. 

9 (b) NONPROFIT PARTNERS.—An eligible entity may acquire an interest 

10 in an eligible site using a grant under this section in partnership with a 

11 nonprofit organization. 

12 (c) NON-FEDERAL SHARE.—The non-Federal share of the total cost of 

13 acquiring an interest in an eligible site under this section shall be not less 

14 than 50 percent. 

15 (d) LIMITATION ON LAND USE.—An interest in an eligible site acquired 

16 under this section shall be subject to section 1053.08(g) of this title. 

17 (e) AUTHORIZATION OF APPROPRIATIONS.—There is authorized to be ap18 propriated to the Secretary to provide grants under this section 

19 $10,000,000 for each of fiscal year 2009 to 2013. 

20 CHAPTER 2077—NATIONAL UNDERGROUND RAILROAD 

21 NETWORK TO FREEDOM 

Sec. 

2077.01. Purposes. 

2077.02. Definitions. 

2077.03. Program. 

2077.04. Preservation of historic sites or structures. 

2077.05. Authorization of appropriations. 

22 § 2077.01. Purposes 

23 The purposes of this chapter are— 

24 (1) to recognize the importance of the Underground Railroad, the 

25 sacrifices made by those who used the Underground Railroad in search 

26 of freedom from tyranny and oppression, and the sacrifices made by 

27 the people who helped them; and 

28 (2) to authorize the Secretary to coordinate and facilitate Federal 

29 and non-Federal activities to commemorate, honor, and interpret the 

30 history of the Underground Railroad, its significance as a crucial ele31 ment in the evolution of the national civil rights movement, and its rel32 evance in fostering the spirit of racial harmony and national reconcili33 ation. 

34 § 2077.02. Definition 

35 In this chapter, the term ‘‘national network’’ means the National Under36 ground Railroad Network to Freedom established under section 2077.03 of 

37 this title. 


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1 § 2077.03. Program 

2 (a) ESTABLISHMENT; RESPONSIBILITIES OF SECRETARY.—The Secretary 

3 shall establish in the Service a program to be known as the National Under4 ground Railroad Network to Freedom. Under the program, the Secretary 

5 shall— 

6 (1) produce and disseminate appropriate educational materials, such 

7 as handbooks, maps, interpretive guides, or electronic information; 

8 (2) enter into appropriate cooperative agreements and memoranda of 

9 understanding to provide technical assistance under subsection (c); and 

10 (3) create and adopt an official, uniform symbol or device for the 

11 national network and issue regulations for its use. 

12 (b) ELEMENTS.—The national network shall encompass the following ele13 ments: 

14 (1) All System units and programs of the Service determined by the 

15 Secretary to pertain to the Underground Railroad. 

16 (2) Other Federal, State, local, and privately owned properties per17 taining to the Underground Railroad that have a verifiable connection 

18 to the Underground Railroad and that are included on, or determined 

19 by the Secretary to be eligible for inclusion on, the National Register 

20 of Historic Places. 

21 (3) Other governmental and nongovernmental facilities and programs 

22 of an educational, research, or interpretive nature that are directly re23 lated to the Underground Railroad. 

24 (c) COOPERATIVE AGREEMENTS AND MEMORANDA OF UNDER25 STANDING.—To achieve the purposes of this chapter and to ensure effective 

26 coordination of the Federal and non-Federal elements of the national net27 work with System units and programs of the Service, the Secretary may 

28 enter into cooperative agreements and memoranda of understanding with, 

29 and provide technical assistance— 

30 (1) to the heads of other Federal agencies, States, localities, regional 

31 governmental bodies, and private entities; and 

32 (2) in cooperation with the Secretary of State, to the governments 

33 of Canada, Mexico, and any appropriate country in the Caribbean. 

34 § 2077.04. Preservation of historic sites or structures 

35 (a) AUTHORITY TO MAKE GRANTS.—The Secretary may make grants in 

36 accordance with this section for the preservation and restoration of historic 

37 buildings or structures associated with the Underground Railroad, and for 

38 related research and documentation to sites, programs, or facilities that 

39 have been included in the national network. 

40 (b) GRANT CONDITIONS.—Any grant made under this section shall pro41 vide that— 


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1 (1) no change or alteration may be made in property for which the 

2 grant is used except with the agreement of the property owner and the 

3 Secretary; 

4 (2) the Secretary shall have the right of access at reasonable times 

5 to the public portions of the property for interpretive and other pur6 poses; and 

7 (3) conversion, use, or disposal of the property for purposes contrary 

8 to the purposes of this chapter, as determined by the Secretary, shall 

9 result in a right of the United States to compensation equal to all Fed10 eral funds made available to the grantee under this chapter. 

11 (c) MATCHING REQUIREMENT.—The Secretary may obligate funds made 

12 available for a grant under this section only if the grantee agrees to match, 

13 from funds derived from non-Federal sources, the amount of the grant with 

14 an amount that is equal to or greater than the grant. The Secretary may 

15 waive the requirement if the Secretary determines that an extreme emer16 gency exists or that a waiver is in the public interest to ensure the preserva17 tion of historically significant resources. 

18 § 2077.05. Authorization of appropriations 

19 (a) AMOUNTS.—There are authorized to be appropriated to carry out this 

20 chapter $2,500,000 for each fiscal year, to be allocated as follows: 

21 (1) $2,000,000 is to be used for the purposes of section 2077.03 of 

22 this title. 

23 (2) $500,000 is to be used for the purposes of section 2077.04 of 

24 this title. 

25 (b) RESTRICTIONS.—No amounts may be appropriated for the purposes 

26 of this chapter except to the Secretary for carrying out the responsibilities 

27 of the Secretary as set forth in this chapter. 

28 CHAPTER 2079—NATIONAL WOMEN’S RIGHTS HISTORY 

29 PROJECT 

Sec. 

2079.01. National women’s rights history project national registry. 

2079.02. National women’s rights history project partnerships network. 

30 § 2079.01. National women’s rights history project national 

31 registry 

32 (a) IN GENERAL.—The Secretary may make annual grants to State his33 toric preservation offices for not more than 5 years to assist the State his34 toric preservation offices in surveying, evaluating, and nominating to the 

35 National Register of Historic Places women’s rights history properties. 

36 (b) ELIGIBILITY.—In making grants under subsection (a), the Secretary 

37 shall give priority to grants relating to properties associated with the mul38 tiple facets of the women’s rights movement, such as politics, economics, 

39 education, religion, and social and family rights. 


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1 (c) UPDATES.—The Secretary shall ensure that the National Register 

2 travel itinerary website entitled ‘‘Places Where Women Made History’’ is 

3 updated to contain— 

4 (1) the results of the inventory conducted under subsection (a); and 

5 (2) any links to websites related to places on the inventory. 

6 (d) COST-SHARING REQUIREMENT.—The Federal share of the cost of any 

7 activity carried out using any assistance made available under this section 

8 shall be 50 percent. 

9 (e) AUTHORIZATION OF APPROPRIATIONS.—There is authorized to be ap10 propriated to the Secretary to carry out this section $1,000,000 for each 

11 of fiscal years 2009 through 2013. 

12 § 2079.02. National women’s rights history project partner13 ships network 

14 (a) GRANTS.—The Secretary may make matching grants and give tech15 nical assistance for development of a network of governmental and non16 governmental entities (referred to in this section as the ‘‘network’’), the pur17 pose of which is to provide interpretive and educational program develop18 ment of national women’s rights history, including historic preservation. 

19 (b) MANAGEMENT OF NETWORK.— 

20 (1) IN GENERAL.—Through a competitive process, the Secretary 

21 shall designate a nongovernmental managing network to manage the 

22 network. 

23 (2) COORDINATION.—The nongovernmental managing entity des24 ignated under paragraph (1) shall work in partnership with the Direc25 tor and State historic preservation offices to coordinate operation of the 

26 network. 

27 (c) COST-SHARING REQUIREMENT.— 

28 (1) IN GENERAL.—The Federal share of the cost of any activity car29 ried out using any assistance made available under this section shall 

30 be 50 percent. 

31 (2) STATE HISTORIC PRESERVATION OFFICES.—Matching grants for 

32 historic preservation specific to the network may be made available 

33 through State historic preservation offices. 

34 (d) AUTHORIZATION OF APPROPRIATIONS.—There is authorized to be ap35 propriated to the Secretary to carry out this section $1,000,000 for each 

36 of fiscal years 2009 through 2013. 

37 CHAPTER 2081—PRESERVATION OF HISTORICAL AND 

38 ARCHAEOLOGICAL DATA 

Sec. 

2081.01. Purpose. 

2081.02. Definition. 

2081.03. Notice of dam construction. 


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2081.04. Threat of irreparable loss or destruction of significant scientific, prehistorical, historical, or archaeological data by Federal construction projects. 

2081.05. Survey and recovery by Secretary. 

2081.06. Progress reports by Secretary on surveys and work undertaken as result of surveys. 

2081.07. Administration. 

2081.08. Assistance to Secretary by Federal agencies responsible for construction projects; 

availability of appropriations. 

1 § 2081.01. Purpose 

2 It is the purpose of this chapter to further the policy set forth in chapter 

3 2001 of this title by specifically providing for the preservation of historical 

4 and archaeological data (including relics and specimens) that might other5 wise be irreparably lost or destroyed as the result of— 

6 (1) flooding, the building of access roads, the erection of worker’s 

7 communities, the relocation of railroads and highways, and other alter8 ations of the terrain caused by the construction of a dam by any— 

9 (A) Federal agency; or 

10 (B) private person or corporation holding a license issued by 

11 any Federal agency; or 

12 (2) any alteration of the terrain caused as a result of any Federal 

13 construction project or federally licensed activity or program. 

14 § 2081.02. Definition 

15 In this chapter, the term ‘‘State’’ includes a State, the District of Colum16 bia, Puerto Rico, the Virgin Islands, Guam, American Samoa, and the 

17 Northern Mariana Islands. 

18 § 2081.03. Notice of dam construction 

19 (a) IN GENERAL.—Before any Federal agency undertakes the construc20 tion of a dam, or issues a license to any private individual or corporation 

21 for the construction of a dam, it shall give written notice to the Secretary 

22 setting forth the site of the proposed dam and the approximate area to be 

23 flooded and otherwise changed if construction is undertaken. 

24 (b) DAMS WITH CERTAIN DETENTION CAPACITY OR RESERVOIR.—With 

25 respect to any flood water retarding dam that provides fewer than 5,000 

26 acre-feet of detention capacity, and with respect to any other type of dam 

27 that creates a reservoir of fewer than 40 surface acres, this section shall 

28 apply only when the constructing agency, in its preliminary surveys, finds 

29 or is presented with evidence that historical or archaeological materials exist 

30 or may be present in the proposed reservoir area. 

31 § 2081.04. Threat of irreparable loss or destruction of signifi32 cant scientific, prehistorical, historical, or archae33 ological data by Federal construction projects 

34 (a) ACTIVITY OF FEDERAL AGENCY.— 

35 (1) NOTIFICATION OF SECRETARY.—When any Federal agency finds, 

36 or is notified, in writing, by an appropriate historical or archaeological 

37 authority, that its activities in connection with any Federal construcVerDate Mar 15 2010 20:20 Jun 09, 2011 Jkt 099200 PO 00000 Frm 00185 Fmt 6652 Sfmt 6221 E:\BILLS\H1950.IH H1950

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1 tion project or federally licensed project, activity, or program may 

2 cause irreparable loss or destruction of significant scientific, pre3 historical, historical, or archaeological data, the agency shall notify the 

4 Secretary, in writing, and shall provide the Secretary with appropriate 

5 information concerning the project, program, or activity. 

6 (2) RECOVERY, PROTECTION, AND PRESERVATION OF DATA.—The 

7 agency— 

8 (A) may request the Secretary to undertake the recovery, pro9 tection, and preservation of the data (including preliminary survey, 

10 or other investigation as needed, and analysis and publication of 

11 the reports resulting from the investigation); or 

12 (B) may, with funds appropriated for the project, program, or 

13 activity, undertake those activities. 

14 (3) AVAILABILITY OF REPORTS.—Copies of reports of any investiga15 tions made pursuant to this section shall be submitted to the Secretary, 

16 who shall make them available to the public for inspection and review. 

17 (b) ACTIVITY OF PRIVATE PERSON, ASSOCIATION, OR PUBLIC ENTITY.— 

18 (1) RECOVERY BY SECRETARY.—When any Federal agency provides 

19 financial assistance by loan, grant, or otherwise to any private person, 

20 association, or public entity, the Secretary, if the Secretary determines 

21 that significant scientific, prehistorical, historical, or archaeological 

22 data might be irrevocably lost or destroyed, may, with funds appro23 priated expressly for this purpose— 

24 (A) conduct, with the consent of all persons, associations, or 

25 public entities having a legal interest in the property, a survey of 

26 the affected site; and 

27 (B) undertake the recovery, protection, and preservation of the 

28 data (including analysis and publication). 

29 (2) COMPENSATION.—The Secretary shall, unless otherwise agreed 

30 to in writing, compensate any person, association, or public entity dam31 aged as a result of delays in construction or as a result of the tem32 porary loss of the use of private or any nonfederally owned land. 

33 § 2081.05. Survey and recovery by Secretary 

34 (a) IN GENERAL.—The Secretary, on notification, in writing, by any Fed35 eral or State agency or appropriate historical or archaeological authority 

36 that scientific, prehistorical, historical, or archaeological data are being or 

37 may be irrevocably lost or destroyed by any Federal or federally assisted 

38 or licensed project, activity, or program, shall, if the Secretary determines 

39 that the data are significant and are being or may be irrevocably lost or 

40 destroyed and after reasonable notice to the agency responsible for funding 

41 or licensing the project, activity, or program— 


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1 (1) conduct or cause to be conducted a survey and other investiga2 tion of the areas that are or may be affected; and 

3 (2) recover and preserve the data (including analysis and publica4 tion) that, in the opinion of the Secretary, are not being, but should 

5 be, recovered and preserved in the public interest. 

6 (b) WHEN SURVEY OR RECOVERY NOT REQUIRED.—No survey or recov7 ery work shall be required pursuant to this section that, in the determina8 tion of the head of the responsible agency, would impede Federal or feder9 ally assisted or licensed projects or activities undertaken in connection with 

10 any emergency, including projects or activities undertaken in anticipation of, 

11 or as a result of, a natural disaster. 

12 (c) INITIATION OF SURVEY.—The Secretary shall initiate the survey or 

13 recovery effort within— 

14 (1) 60 days after notification pursuant to subsection (a); or 

15 (2) such time as may be agreed on with the head of the agency re16 sponsible for funding or licensing the project, activity, or program in 

17 all other cases. 

18 (d) COMPENSATION BY SECRETARY.—The Secretary shall, unless other19 wise agreed to in writing, compensate any person, association, or public en20 tity damaged as a result of delays in construction or as a result of the tem21 porary loss of the use of private or nonfederally owned land. 

22 § 2081.06. Progress reports by Secretary on surveys and 

23 work undertaken as result of surveys 

24 (a) PROGRESS REPORTS TO FUNDING OR LICENSING AGENCY.—The Sec25 retary shall keep the agency responsible for funding or licensing the project 

26 notified at all times of the progress of any survey made under this chapter 

27 or of any work undertaken as a result of a survey, in order that there will 

28 be as little disruption or delay as possible in the carrying out of the func29 tions of the agency. The survey and recovery programs shall terminate at 

30 a time agreed on by the Secretary and the head of the agency unless ex31 tended by agreement. 

32 (b) DISPOSITION OF RELICS AND SPECIMENS.—The Secretary shall con33 sult with any interested Federal and State agencies, educational and sci34 entific organizations, private institutions, and qualified individuals, with a 

35 view to determining the ownership of, and the most appropriate repository 

36 for, any relics and specimens recovered as a result of any work performed 

37 as provided for in this section. 

38 (c) COORDINATION OF ACTIVITIES.—The Secretary shall coordinate all 

39 Federal survey and recovery activities authorized under this chapter. 

40 § 2081.07. Administration 

41 In the administration of this chapter, the Secretary may— 


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1 (1) enter into contracts or make cooperative agreements with any 

2 Federal or State agency, educational or scientific organization, or insti3 tution, corporation, association, or qualified individual; 

4 (2) obtain the services of experts and consultants or organizations 

5 of experts and consultants in accordance with section 3109 of title 5; 

6 and 

7 (3) accept and utilize funds made available for salvage archaeological 

8 purposes by any private person or corporation or transferred to the 

9 Secretary by any Federal agency. 

10 § 2081.08. Assistance to Secretary by Federal agencies re11 sponsible for construction projects; availability of 

12 appropriations 

13 (a) ASSISTANCE OF FEDERAL AGENCIES.—To carry out the purposes of 

14 this chapter, any Federal agency responsible for a construction project may 

15 assist the Secretary or may transfer to the Secretary funds as may be 

16 agreed on, but not more than one percent of the total amount authorized 

17 to be appropriated for the project, except that the one percent limitation 

18 of this section shall not apply if the cost of the project is $50,000 or less. 

19 The costs of the survey, recovery, analysis, and publication shall be deemed 

20 nonreimbursable project costs. 

21 (b) COSTS FOR IDENTIFICATION, SURVEYS, EVALUATION, AND DATA RE22 COVERY WITH RESPECT TO HISTORIC PROPERTIES.—Notwithstanding sub23 section (a) or any other provision of law— 

24 (1) identification, surveys, and evaluation carried out with respect to 

25 historic properties within project areas may be treated for purposes of 

26 any law or rule of law as planning costs of the project and not as costs 

27 of mitigation; 

28 (2) reasonable costs for identification, surveys, evaluation, and data 

29 recovery carried out with respect to historic properties within project 

30 areas may be charged to Federal licensees and permittees as a condi31 tion to the issuance of the license or permit; and 

32 (3) Federal agencies, with the concurrence of the Secretary and after 

33 notification of the Committee on Natural Resources of the House of 

34 Representatives and the Committee on Energy and Natural Resources 

35 of the Senate, may waive, in appropriate cases, the one percent limita36 tion contained in subsection (a). 

37 (c) AVAILABILITY OF APPROPRIATIONS.—Sums appropriated for purposes 

38 of this section shall remain available until expended. 

39 CHAPTER 2083—NATIONAL MARITIME HERITAGE 

Sec. 

2083.01. Declaration of policy. 

2083.02. Definitions. 


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2083.03. National Maritime Heritage Grants Program. 

2083.04. Funding. 

2083.05. Designation of America’s National Maritime Museum. 

2083.06. Regulations. 

2083.07. Application of authorities. 

1 § 2083.01. Declaration of policy 

2 It shall be the policy of the Federal Government, in partnership with the 

3 States and local governments and private organizations and individuals, 

4 to— 

5 (1) use measures, including financial and technical assistance, to fos6 ter conditions under which our modern society and our historic mari7 time resources can exist in productive harmony; 

8 (2) provide leadership in the preservation of the historic maritime re9 sources of the United States; 

10 (3) contribute to the preservation of historic maritime resources and 

11 give maximum encouragement to organizations and individuals under12 taking preservation by private means; and 

13 (4) assist State and local governments to expand their maritime his14 toric preservation programs and activities. 

15 § 2083.02. Definitions 

16 In this chapter: 

17 (1) NATIONAL TRUST.—The term ‘‘National Trust’’ means the Na18 tional Trust for Historic Preservation created by section 2071.02 of 

19 this title. 

20 (2) PRIVATE NONPROFIT ORGANIZATION.—The term ‘‘private non21 profit organization’’ means any person that is exempt from taxation 

22 under section 501(a) of the Internal Revenue Code of 1986 (26 U.S.C. 

23 501(a)) and described in section 501(c)(3) of the Internal Revenue 

24 Code of 1986 (26 U.S.C. 501(c)(3)). 

25 (3) PROGRAM.—The term ‘‘Program’’ means the National Maritime 

26 Heritage Grants Program established by section 2083.03(a) of this 

27 title. 

28 (4) STATE HISTORIC PRESERVATION OFFICER.—The term ‘‘State 

29 Historic Preservation Officer’’ means a State Historic Preservation Of30 ficer appointed pursuant to section 2025.01(1) of this title by the chief 

31 executive officer of a State having a State Historic Preservation Pro32 gram approved by the Secretary under that section. 

33 § 2083.03. National Maritime Heritage Grants Program 

34 (a) ESTABLISHMENT.—There is in the Department of the Interior the 

35 National Maritime Heritage Grants Program, to foster in the American 

36 public a greater awareness and appreciation of the role of maritime endeav37 ors in our Nation’s history and culture. The Program shall consist of— 


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1 (1) annual grants to the National Trust for subgrants administered 

2 by the National Trust for maritime heritage education projects under 

3 subsection (b); and 

4 (2) grants to State Historic Preservation Officers for maritime herit5 age preservation projects carried out or administered by those Officers 

6 under subsection (c). 

7 (b) GRANTS FOR MARITIME HERITAGE EDUCATION PROJECTS.— 

8 (1) GRANTS TO NATIONAL TRUST.—The Secretary, subject to para9 graph (2), and the availability of amounts for that purpose under sec10 tion 2083.04(b)(1)(A) of this title, shall make an annual grant to the 

11 National Trust for maritime heritage education projects. 

12 (2) USE OF GRANTS.—Amounts received by the National Trust as 

13 an annual grant under this subsection shall be used to make subgrants 

14 to State and local governments and private nonprofit organizations to 

15 carry out education projects that have been approved by the Secretary 

16 under subsection (f) and that consist of— 

17 (A) assistance to any maritime museum or historical society 

18 for— 

19 (i) existing and new educational programs, exhibits, edu20 cational activities, conservation, and interpretation of arti21 facts and collections; 

22 (ii) minor improvements to educational and museum facili23 ties; and 

24 (iii) other similar activities; 

25 (B) activities designed to encourage the preservation of tradi26 tional maritime skills, including— 

27 (i) building and operation of vessels of all sizes and types 

28 for educational purposes; 

29 (ii) special skills such as wood carving, sail making, and 

30 rigging; 

31 (iii) traditional maritime art forms; and 

32 (iv) sail training; 

33 (C) other educational activities relating to historic maritime re34 sources, including— 

35 (i) maritime educational waterborne-experience programs 

36 in historic vessels or vessel reproductions; 

37 (ii) maritime archaeological field schools; and 

38 (iii) educational programs on other aspects of maritime his39 tory; 

40 (D) heritage programs focusing on maritime historic resources, 

41 including maritime heritage trails and corridors; or 


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1 (E) the construction and use of reproductions of historic mari2 time resources for educational purposes, if a historic maritime re3 source no longer exists or would be damaged or consumed through 

4 direct use. 

5 (c) GRANTS FOR MARITIME HERITAGE PRESERVATION PROJECTS.— 

6 (1) GRANTS TO STATE HISTORIC PRESERVATION OFFICERS.—The 

7 Secretary, acting through the National Maritime Initiative of the Serv8 ice and subject to paragraph (2), and the availability of amounts for 

9 that purpose under section 2083.04(b)(1)(B) of this title, shall make 

10 grants to State Historic Preservation Officers for maritime heritage 

11 preservation projects. 

12 (2) USE OF GRANTS.—Amounts received by a State Historic Preser13 vation Officer as a grant under this subsection shall be used by the 

14 Officer to carry out, or to make subgrants to local governments and 

15 private nonprofit organizations to carry out, projects that have been 

16 approved by the Secretary under subsection (f) for the preservation of 

17 historic maritime resources through— 

18 (A) identification of historic maritime resources, including un19 derwater archaeological sites; 

20 (B) acquisition of historic maritime resources for the purposes 

21 of preservation; 

22 (C) repair, restoration, stabilization, maintenance, or other cap23 ital improvements to historic maritime resources, in accordance 

24 with standards prescribed by the Secretary; and 

25 (D) research, recording (through drawings, photographs, or oth26 erwise), planning (through feasibility studies, architectural and en27 gineering services, or otherwise), and other services carried out as 

28 part of a preservation program for historic maritime resources. 

29 (d) CRITERIA FOR DIRECT GRANT AND SUBGRANT ELIGIBILITY.—To 

30 qualify for a subgrant from the National Trust under subsection (b), or a 

31 direct grant to or a subgrant from a State Historic Preservation Officer 

32 under subsection (c), a person shall— 

33 (1) demonstrate that the project for which the direct grant or 

34 subgrant will be used has the potential for reaching a broad audience 

35 with an effective educational program based on American maritime his36 tory, technology, or the role of maritime endeavors in American culture; 

37 (2) match the amount of the direct grant or subgrant, on a 1-to38 1 basis, with non-Federal assets from non-Federal sources, which may 

39 include cash or donated services fairly valued as determined by the Sec40 retary; 


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1 (3) maintain records as may be reasonably necessary to fully dis2 close— 

3 (A) the amount and the disposition of the proceeds of the direct 

4 grant or subgrant; 

5 (B) the total cost of the project for which the direct grant or 

6 subgrant is made; and 

7 (C) other records as may be required by the Secretary, including 

8 such records as will facilitate an effective accounting for project 

9 funds; 

10 (4) provide access to the Secretary for the purposes of any required 

11 audit and examination of any records of the person; and 

12 (5) be a unit of State or local government, or a private nonprofit 

13 organization. 

14 (e) PROCEDURES, TERMS, AND CONDITIONS.— 

15 (1) APPLICATION PROCEDURES.—An application for a subgrant 

16 under subsection (b), or a direct grant or subgrant under subsection 

17 (c), shall be submitted under procedures prescribed by the Secretary. 

18 (2) TERMS AND CONDITIONS.—A person may not receive a subgrant 

19 under subsection (b), or a direct grant or subgrant under subsection 

20 (c), unless the person agrees to assume, after completion of the project 

21 for which the direct grant or subgrant is awarded, the total cost of the 

22 continued maintenance, repair, and administration of any property for 

23 which the subgrant will be used in a manner satisfactory to the Sec24 retary. 

25 (f) ALLOCATION OF, AND LIMITATION ON, GRANT FUNDING.— 

26 (1) ALLOCATION.—To the extent feasible, the Secretary shall ensure 

27 that the amount made available under subsection (b) for maritime her28 itage education projects is equal to the amount made available under 

29 subsection (c) for maritime heritage preservation projects. 

30 (2) LIMITATION.—The amount provided by the Secretary in a fiscal 

31 year as grants under this section for projects relating to historic mari32 time resources owned or operated by the Federal Government shall not 

33 exceed 40 percent of the total amount available for the fiscal year for 

34 grants under this section. 

35 (g) PUBLICATION OF DIRECT GRANT AND SUBGRANT INFORMATION.— 

36 The Secretary shall publish annually in the Federal Register and otherwise 

37 as the Secretary considers appropriate— 

38 (1) a solicitation of applications for direct grants and subgrants 

39 under this section; 

40 (2) a list of priorities for the making of those direct grants and sub41 grants; 


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1 (3) a single deadline for the submission of applications for those di2 rect grants and subgrants; and 

3 (4) other relevant information. 

4 (h) DIRECT GRANT AND SUBGRANT ADMINISTRATION.— 

5 (1) RESPONSIBILITY.— 

6 (A) NATIONAL TRUST.—The National Trust is responsible for 

7 administering subgrants for maritime heritage education projects 

8 under subsection (b). 

9 (B) SECRETARY.—The Secretary is responsible for admin10 istering direct grants for maritime heritage preservation projects 

11 under subsection (c). 

12 (C) STATE HISTORIC PRESERVATION OFFICERS.—State Historic 

13 Preservation Officers are responsible for administering subgrants 

14 for maritime heritage preservation projects under subsection (c). 

15 (2) ACTIONS.—The appropriate responsible party under paragraph 

16 (1) shall administer direct grants or subgrants by— 

17 (A) publicizing the Program to prospective grantees, sub18 grantees, and the public at large, in cooperation with the Service, 

19 the Maritime Administration, and other appropriate government 

20 agencies and private institutions; 

21 (B) answering inquiries from the public, including providing in22 formation on the Program as requested; 

23 (C) distributing direct grant and subgrant applications; 

24 (D) receiving direct grant and subgrant applications and ensur25 ing their completeness; 

26 (E) keeping records of all direct grant and subgrant awards and 

27 expenditures of funds; 

28 (F) monitoring progress of projects carried out with direct 

29 grants and subgrants; and 

30 (G) providing to the Secretary such progress reports as may be 

31 required by the Secretary. 

32 (i) ASSISTANCE OF MARITIME PRESERVATION ORGANIZATIONS.—The 

33 Secretary, the National Trust, and the State Historic Preservation Officers 

34 may, individually or jointly, enter into cooperative agreements with any pri35 vate nonprofit organization with appropriate expertise in maritime preserva36 tion issues, or other qualified maritime preservation organizations, to assist 

37 in the administration of the Program. 

38 (j) REPORT TO CONGRESS.—The Secretary shall submit to Congress an 

39 annual report on the Program, including— 

40 (1) a description of each project funded under the Program in the 

41 period covered by the report; 


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1 (2) the results or accomplishments of each such project; and 

2 (3) recommended priorities for achieving the policy set forth in sec3 tion 2083.01 of this title. 

4 § 2083.04. Funding 

5 (a) AVAILABILITY OF FUNDS FROM SALE AND SCRAPPING OF OBSOLETE

6 VESSELS.— 

7 (1) IN GENERAL.—Notwithstanding any other provision of law, the 

8 amount of funds credited in a fiscal year to the Vessel Operations Re9 volving Fund established by section 50301(a) of title 46 that is attrib10 utable to the sale of obsolete vessels in the National Defense Reserve 

11 Fleet that are scrapped or sold under section 57102, 57103, or 57104 

12 of title 46 shall be available until expended as follows: 

13 (A) Fifty percent shall be available to the Administrator of the 

14 Maritime Administration for such acquisition, maintenance, repair, 

15 reconditioning, or improvement of vessels in the National Defense 

16 Reserve Fleet as is authorized under other Federal law. 

17 (B) Twenty five percent shall be available to the Administrator 

18 of the Maritime Administration for the payment or reimbursement 

19 of expenses incurred by or on behalf of State maritime academies 

20 or the United States Merchant Marine Academy for facility and 

21 training ship maintenance, repair, and modernization, and for the 

22 purchase of simulators and fuel. 

23 (C) The remainder shall be available to the Secretary to carry 

24 out the Program, as provided in subsection (b). 

25 (2) APPLICABILITY.—Paragraph (1) does not apply to amounts cred26 ited to the Vessel Operations Revolving Fund before July 1, 1994. 

27 (b) USE OF AMOUNTS FOR PROGRAM.— 

28 (1) IN GENERAL.—Except as provided in paragraph (2), of amounts 

29 available each fiscal year for the Program under subsection (a)(1)(C)— 

30 (A) one half shall be used for grants under section 2083.03(b) 

31 of this title; and 

32 (B) one half shall be used for grants under section 2083.03(c) 

33 of this title. 

34 (2) ADMINISTRATIVE EXPENSES.— 

35 (A) IN GENERAL.—Not more than 15 percent or $500,000, 

36 whichever is less, of the amount available for the Program under 

37 subsection (a)(1)(C) for a fiscal year may be used for expenses of 

38 administering the Program. 

39 (B) ALLOCATION.—Of the amount available under subpara40 graph (A) for a fiscal year— 


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1 (i) one half shall be allocated to the National Trust for ex2 penses incurred in administering grants under section 

3 2083.03(b) of this title; and 

4 (ii) one half shall be allocated as appropriate by the Sec5 retary to the Service and participating State Historic Preser6 vation Officers. 

7 (c) DISPOSAL OF VESSELS.— 

8 (1) REQUIREMENT.—The Secretary of Transportation shall dispose 

9 of all vessels described in paragraph (2)— 

10 (A) in accordance with a priority system for disposing of vessels, 

11 as determined by the Secretary, that shall include provisions re12 quiring the Maritime Administration to— 

13 (i) dispose of all deteriorated high priority ships that are 

14 available for disposal within 12 months of their designation 

15 as available for disposal; and 

16 (ii) give priority to the disposition of those vessels that pose 

17 the most significant danger to the environment or cost the 

18 most to maintain; 

19 (B) in the manner that provides the best value to the Federal 

20 Government, except in any case in which obtaining the best value 

21 would require towing a vessel and the towing poses a serious 

22 threat to the environment; and 

23 (C) in accordance with the plan of the Department of Transpor24 tation for disposal of those vessels and requirements under sec25 tions 57102 to 57104 of title 46. 

26 (2) VESSELS DESCRIBED.—The vessels referred to in paragraph (1) 

27 are the vessels in the National Defense Reserve Fleet after July 1, 

28 1994, that— 

29 (A) are not assigned to the Ready Reserve Force component of 

30 the National Defense Reserve Fleet; and 

31 (B) are not specifically authorized or required by statute to be 

32 used for a particular purpose. 

33 (d) TREATMENT OF AVAILABLE AMOUNTS.—Amounts available under 

34 this section shall not be considered in any determination of the amounts 

35 available to the Department of the Interior. 

36 § 2083.05. Designation of America’s National Maritime Mu37 seum 

38 (a) IN GENERAL.—America’s National Maritime Museum is comprised of 

39 those museums designated by law to be museums of America’s National 

40 Maritime Museum on the basis that they— 


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1 (1) house a collection of maritime artifacts clearly representing the 

2 Nation’s maritime heritage; and 

3 (2) provide outreach programs to educate the public about the Na4 tion’s maritime heritage. 

5 (b) INITIAL DESIGNATION.—The following museums (meeting the criteria 

6 specified in subsection (a)) are designated as museums of America’s Na7 tional Maritime Museum: 

8 (1) The Mariners’ Museum, located at 100 Museum Drive, Newport 

9 News, Virginia. 

10 (2) The South Street Seaport Museum, located at 207 Front Street, 

11 New York, New York. 

12 (c) FUTURE DESIGNATION OF OTHER MUSEUMS NOT PRECLUDED.—The 

13 designation of the museums referred to in subsection (b) as museums of 

14 America’s National Maritime Museum does not preclude the designation by 

15 law of any other museum that meets the criteria specified in subsection (a) 

16 as a museum of America’s National Maritime Museum. 

17 (d) REFERENCE TO MUSEUMS.—Any reference in any law, map, regula18 tion, document, paper, or other record of the United States to a museum 

19 designated by law to be a museum of America’s National Maritime Museum 

20 shall be deemed to be a reference to that museum as a museum of Amer21 ica’s National Maritime Museum. 

22 § 2083.06. Regulations 

23 The Secretary, after consultation with the National Trust, the National 

24 Conference of State Historic Preservation Officers, and appropriate mem25 bers of the maritime heritage community, shall prescribe appropriate guide26 lines, procedures, and regulations to carry out the chapter, including direct 

27 grant and subgrant priorities, the method of solicitation and review of direct 

28 grant and subgrant proposals, criteria for review of direct grant and 

29 subgrant proposals, administrative requirements, reporting and record30 keeping requirements, and any other requirements the Secretary considers 

31 appropriate. 

32 § 2083.07. Application of authorities 

33 The authorities contained in this chapter shall be in addition to, and shall 

34 not be construed to supercede or modify those contained in division B of 

35 this subtitle. 

36 CHAPTER 2085—PRESERVE AMERICA PROGRAM 

Sec. 

2085.01. Purpose. 

2085.02. Definitions. 

2085.03. Establishment. 

2085.04. Designation of Preserve America Communities. 

2085.05. Regulations. 

2085.06. Authoriztion of appropriations. 


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1 § 2085.01. Purpose 

2 The purpose of this chapter is to authorize the Preserve America Pro3 gram, including— 

4 (1) the Preserve America grant program within the Department of 

5 the Interior; 

6 (2) the recognition programs administered by the Advisory Council 

7 on Historic Preservation; and 

8 (3) the related efforts of Federal agencies, working in partnership 

9 with State, tribal, and local governments and the private sector, to sup10 port and promote the preservation of historic resources. 

11 § 2085.02. Definitions 

12 In this chapter: 

13 (1) COUNCIL.—The term ‘‘Council’’ means the Advisory Council on 

14 Historic Preservation. 

15 (2) HERITAGE TOURISM.—The term ‘‘heritage tourism’’ means the 

16 conduct of activities to attract and accommodate visitors to a site or 

17 area based on the unique or special aspects of the history, landscape 

18 (including trail systems), and culture of the site or area. 

19 (3) PROGRAM.—The term ‘‘program’’ means the Preserve America 

20 Program established under section 2085.03(a). 

21 § 2085.03. Establishment 

22 (a) IN GENERAL.—There is established in the Department of the Interior 

23 the Preserve America Program, under which the Secretary, in partnership 

24 with the Council, may provide competitive grants to States, local govern25 ments (including local governments in the process of applying for designa26 tion as Preserve America Communities under section 2085.04 of this title, 

27 Indian tribes, communities designated as Preserve America Communities 

28 under section 2085.04 of this title, State historic preservation offices, and 

29 tribal historic preservation offices to support preservation efforts through 

30 heritage tourism, education, and historic preservation planning activities. 

31 (b) ELIGIBLE PROJECTS.— 

32 (1) IN GENERAL.—The following projects shall be eligible for a grant 

33 under this chapter: 

34 (A) A project for the conduct of— 

35 (i) research on, and documentation of, the history of a 

36 community; and 

37 (ii) surveys of the historic resources of a community. 

38 (B) An education and interpretation project that conveys the 

39 history of a community or site. 


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1 (C) A planning project (other than building rehabilitation) that 

2 advances economic development using heritage tourism and his3 toric preservation. 

4 (D) A training project that provides opportunities for profes5 sional development in areas that would aid a community in using 

6 and promoting its historic resources. 

7 (E) A project to support heritage tourism in a Preserve America 

8 Community designated under section 2085.04 of this title. 

9 (F) Other nonconstruction projects that identify or promote his10 toric properties or provide for the education of the public about 

11 historic properties that are consistent with the purposes of this 

12 chapter. 

13 (2) LIMITATION.—In providing grants under this chapter, the Sec14 retary shall provide only one grant to each eligible project selected for 

15 a grant. 

16 (c) PREFERENCE.—In providing grants under this chapter, the Secretary 

17 may give preference to projects that carry out the purposes of both the pro18 gram and the Save America’s Treasures Program. 

19 (d) CONSULTATION AND NOTIFICATION.— 

20 (1) CONSULTATION.—The Secretary shall consult with the Council in 

21 preparing the list of projects to be provided grants for a fiscal year 

22 under the program. 

23 (2) NOTIFICATION.—Not later than 30 days before the date on 

24 which the Secretary provides grants for a fiscal year under the pro25 gram, the Secretary shall submit to the Committee on Energy and Nat26 ural Resources and the Committee on Appropriations of the Senate and 

27 the Committee on Natural Resources and the Committee on Appropria28 tions of the House of Representatives a list of any eligible projects that 

29 are to be provided grants under the program for the fiscal year. 

30 (e) COST-SHARING REQUIREMENT.— 

31 (1) IN GENERAL.—The non-Federal share of the cost of carrying out 

32 a project provided a grant under this chapter shall be not less than 

33 50 percent of the total cost of the project. 

34 (2) FORM OF NON-FEDERAL SHARE.—The non-Federal share re35 quired under paragraph (1) shall be in the form of— 

36 (A) cash; or 

37 (B) donated supplies and related services, the value of which 

38 shall be determined by the Secretary. 

39 (3) REQUIREMENT.—The Secretary shall ensure that each applicant 

40 for a grant has the capacity to secure, and a feasible plan for securing, 


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1 the non-Federal share for an eligible project required under paragraph 

2 (1) before a grant is provided to the eligible project under the program. 

3 § 2085.04. Designation of Preserve America Communities 

4 (a) APPLICATION.—To be considered for designation as a Preserve Amer5 ica Community, a community, tribal area, or neighborhood shall submit to 

6 the Council an application containing such information as the Council may 

7 require. 

8 (b) CRITERIA.—To be designated as a Preserve America Community 

9 under the program, a community, tribal area, or neighborhood that submits 

10 an application under subsection (a) shall, as determined by the Council, in 

11 consultation with the Secretary, meet criteria required by the Council and, 

12 in addition, consider— 

13 (1) protection and celebration of the heritage of the community, trib14 al area, or neighborhood; 

15 (2) use of the historic assets of the community, tribal area, or neigh16 borhood for economic development and community revitalization; and 

17 (3) encouragement of people to experience and appreciate local his18 toric resources through education and heritage tourism programs. 

19 (c) LOCAL GOVERNMENTS PREVIOUSLY CERTIFIED FOR HISTORIC PRES20 ERVATION ACTIVITIES.—The Council shall establish an expedited process 

21 for Preserve America Community designation for local governments pre22 viously certified for historic preservation activities under section 2027.02 of 

23 this title. 

24 (d) GUIDELINES.—The Council, in consultation with the Secretary, shall 

25 establish any guidelines that are necessary to carry out this section. 

26 § 2085.05. Regulations 

27 The Secretary shall develop any guidelines and issue any regulations that 

28 the Secretary determines to be necessary to carry out this chapter. 

29 § 2085.06. Authorization of appropriations 

30 There is authorized to be appropriated to carry out this chapter 

31 $25,000,000 for each fiscal year, to remain available until expended. 

32 CHAPTER 2087—SAVE AMERICA’S TREASURES 

33 PROGRAM 

Sec. 

2087.01. Purpose. 

2087.02. Definitions. 

2087.03. Establishment. 

2087.04. Regulations. 

2087.05. Authorization of appropriations. 

34 § 2087.01. Purpose 

35 The purpose of this chapter is to authorize within the Department of the 

36 Interior the Save America’s Treasures Program, to be carried out by the 

37 Director, in partnership with— 


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1 (1) the National Endowment for the Arts; 

2 (2) the National Endowment for the Humanities; 

3 (3) the Institute of Museum and Library Services; 

4 (4) the National Trust for Historic Preservation; 

5 (5) the National Conference of State Historic Preservation Officers; 

6 (6) the National Association of Tribal Historic Preservation Officers; 

7 and 

8 (7) the President’s Committee on the Arts and the Humanities. 

9 § 2087.02. Definitions 

10 In this chapter: 

11 (1) COLLECTION.—The term ‘‘collection’’ means a collection of intel12 lectual and cultural artifacts, including documents, sculpture, and 

13 works of art. 

14 (2) ELIGIBLE ENTITY.—The term ‘‘eligible entity’’ means a Federal 

15 entity, State, local, or tribal government, educational institution, or 

16 nonprofit organization. 

17 (3) HISTORIC PROPERTY.—The term ‘‘historic property’’ has the 

18 meaning given the term in section 2011.03 of this title. 

19 (4) NATIONALLY SIGNIFICANT.—The term ‘‘nationally significant’’ 

20 means a collection or historic property that meets the applicable cri21 teria for national significance, in accordance with regulations promul22 gated by the Secretary pursuant to section 2023.03 of this title. 

23 (5) PROGRAM.—The term ‘‘program’’ means the Save America’s 

24 Treasures Program established under section 2087.03(a) of this title. 

25 (6) SECRETARY.—The term ‘‘Secretary’’ means the Secretary, acting 

26 through the Director. 

27 § 2087.03. Establishment 

28 (a) IN GENERAL.—There is established in the Department of the Interior 

29 the Save America’s Treasures Program, under which the amounts made 

30 available to the Secretary under section 2087.05 of this title shall be used 

31 by the Secretary, in consultation with the organizations described in section 

32 2087.01 of this title, subject to subsection (f)(1)(B), to provide grants to 

33 eligible entities for projects to preserve nationally significant collections and 

34 historic properties. 

35 (b) DETERMINATION OF GRANTS.—Of the amounts made available for 

36 grants under section 2087.05 of this title, not less than 50 percent shall 

37 be made available for grants for projects to preserve collections and historic 

38 properties, to be distributed through a competitive grant process adminis39 tered by the Secretary, subject to the eligibility criteria established under 

40 subsection (e). 


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1 (c) APPLICATION FOR GRANTS.—To be considered for a competitive grant 

2 under the program an eligible entity shall submit to the Secretary an appli3 cation containing such information as the Secretary may require. 

4 (d) COLLECTIONS AND HISTORIC PROPERTIES ELIGIBLE FOR COMPETI5 TIVE GRANTS.— 

6 (1) IN GENERAL.—A collection or historic property shall be provided 

7 a competitive grant under the program only if the Secretary determines 

8 that the collection or historic property is— 

9 (A) nationally significant; and 

10 (B) threatened or endangered. 

11 (2) ELIGIBLE COLLECTIONS.—A determination by the Secretary re12 garding the national significance of collections under paragraph (1)(A) 

13 shall be made in consultation with the organizations described in sec14 tion 2087.01 of this title, as appropriate. 

15 (3) ELIGIBLE HISTORIC PROPERTIES.—To be eligible for a competi16 tive grant under the program, a historic property shall, as of the date 

17 of the grant application— 

18 (A) be listed in the National Register of Historic Places at the 

19 national level of significance; or 

20 (B) be designated as a National Historic Landmark. 

21 (e) SELECTION CRITERIA FOR GRANTS.— 

22 (1) IN GENERAL.—The Secretary shall not provide a grant under 

23 this chapter to a project for an eligible collection or historic property 

24 unless the project— 

25 (A) eliminates or substantially mitigates the threat of destruc26 tion or deterioration of the eligible collection or historic property; 

27 (B) has a clear public benefit; and 

28 (C) is able to be completed on schedule and within the budget 

29 described in the grant application. 

30 (2) PREFERENCE.—In providing grants under this chapter, the Sec31 retary may give preference to projects that carry out the purposes of 

32 both the program and the Preserve America Program. 

33 (3) LIMITATION.—In providing grants under this chapter, the Sec34 retary shall only provide one grant to each eligible project selected for 

35 a grant. 

36 (f) CONSULTATION AND NOTIFICATION BY SECRETARY.— 

37 (1) CONSULTATION.— 

38 (A) IN GENERAL.—Subject to subparagraph (B), the Secretary 

39 shall consult with the organizations described in section 2087.01 

40 of this title in preparing the list of projects to be provided grants 

41 for a fiscal year by the Secretary under the program. 


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1 (B) LIMITATION.—If an entity described in subparagraph (A) 

2 has submitted an application for a grant under the program, the 

3 entity shall be recused by the Secretary from the consultation re4 quirements under that subparagraph and subsection (a). 

5 (2) NOTIFICATION.—Not later than 30 days before the date on 

6 which the Secretary provides grants for a fiscal year under the pro7 gram, the Secretary shall submit to the Committee on Energy and Nat8 ural Resources of the Senate, the Committee on Appropriations of the 

9 Senate, the Committee on Natural Resources of the House of Rep10 resentatives, and the Committee on Appropriations of the House of 

11 Representatives a list of any eligible projects that are to be provided 

12 grants under the program for the fiscal year. 

13 (g) COST-SHARING REQUIREMENT.— 

14 (1) IN GENERAL.—The non-Federal share of the cost of carrying out 

15 a project provided a grant under this chapter shall be not less than 

16 50 percent of the total cost of the project. 

17 (2) FORM OF NON-FEDERAL SHARE.—The non-Federal share re18 quired under paragraph (1) shall be in the form of— 

19 (A) cash; or 

20 (B) donated supplies or related services, the value of which shall 

21 be determined by the Secretary. 

22 (3) REQUIREMENT.—The Secretary shall ensure that each applicant 

23 for a grant has the capacity and a feasible plan for securing the non24 Federal share for an eligible project required under paragraph (1) be25 fore a grant is provided to the eligible project under the program. 

26 § 2087.04. Regulations 

27 The Secretary shall develop any guidelines and issue any regulations that 

28 the Secretary determines to be necessary to carry out this chapter. 

29 § 2087.05. Authorization of appropriations 

30 There is authorized to be appropriated to carry out this chapter 

31 $50,000,000 for each fiscal year, to remain available until expended. 

32 CHAPTER 2089—COMMEMORATION OF FORMER 

33 PRESIDENTS 

Sec. 

2089.01. Sites and structures that commemorate former Presidents. 

34 § 2089.01. Sites and structures that commemorate former 

35 Presidents 

36 (a) SURVEY.—The Secretary may conduct a survey of sites that the Sec37 retary considers exhibit qualities most appropriate for the commemoration 

38 of each former President. The survey may— 

39 (1) include sites associated with the deeds, leadership, or lifework of 

40 a former President; and 


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1 (2) identify sites or structures historically unrelated to a former 

2 President but that may be suitable as a memorial to honor that Presi3 dent. 

4 (b) REPORTS.—The Secretary shall, from time to time, prepare and 

5 transmit to the Committee on Natural Resources of the House of Rep6 resentatives and the Committee on Energy and Natural Resources of the 

7 Senate reports on individual sites and structures identified in a survey 

8 under subsection (a), together with the Secretary’s recommendation as to 

9 whether the site or structure is suitable for establishment as a national his10 toric site or national memorial to commemorate a former President. Each 

11 report shall include pertinent information with respect to the need for acqui12 sition of land and interests in land, the development of facilities, and the 

13 operation and maintenance of the site or structure and the estimated cost 

14 of the operation and maintenance. 

15 (c) ESTABLISHMENT AS NATIONAL HISTORIC SITE.—If during the 6- 

16 month period following the transmittal of a report pursuant to subsection 

17 (b) neither Committee has by vote of a majority of its members disapproved 

18 a recommendation of the Secretary that a site or structure is suitable for 

19 establishment as a national historic site, the Secretary may by appropriate 

20 order establish the site or structure as a national historic site, including the 

21 land and interests in land identified in the report accompanying the rec22 ommendation of the Secretary. 

23 (d) ACQUISTION OF LAND AND INTERESTS IN LAND.—The Secretary 

24 may acquire the land and interests in land by donation, purchase with do25 nated or appropriated funds, transfer from any other Federal agency, or ex26 change. 

27 (e) EFFECT OF SECTION.—Nothing in this section shall be construed as 

28 diminishing the authority of the Secretary under chapter 201 of this title 

29 or as authorizing the Secretary to establish any national memorial, creation 

30 of which is expressly reserved to Congress. 

31 DIVISION D—AMERICAN ANTIQUITIES 

32 CHAPTER 2201—MONUMENTS, RUINS, SITES, AND 

33 OBJECTS OF ANTIQUITY 

Sec. 

2201.01. National monuments. 

2201.02. Permits. 

2201.03. Regulations. 

2201.04. Criminal penalty. 

34 § 2201.01. National monuments 

35 (a) PRESIDENTIAL DECLARATION.—The President may declare by public 

36 proclamation historic landmarks, historic and prehistoric structures, and 

37 other objects of historic or scientific interest that are situated on land 

38 owned or controlled by the Federal Government to be national monuments. 


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1 (b) RESERVATION OF LAND.—The President may reserve a parcel of land 

2 as a part of a national monument. The limits of the parcel shall be confined 

3 to the smallest area compatible with the proper care and management of 

4 the objects to be protected. 

5 (c) RELINQUISHMENT TO FEDERAL GOVERNMENT.—When an object is 

6 situated on a parcel covered by a bona fide unperfected claim or held in 

7 private ownership, the parcel, or so much of the parcel as may be necessary 

8 for the proper care and management of the object, may be relinquished to 

9 the Federal Government and the Secretary may accept the relinquishment 

10 of the parcel on behalf of the Federal Government. 

11 (d) LIMITATION ON EXTENSION OR ESTABLISHMENT OF NATIONAL

12 MONUMENTS IN WYOMING.—No extension or establishment of national 

13 monuments in Wyoming may be undertaken except by express authorization 

14 of Congress. 

15 § 2201.02. Permits 

16 (a) AUTHORITY TO GRANT PERMIT.—The Secretary, the Secretary of 

17 Agriculture, or the Secretary of the Army may grant a permit for the exam18 ination of ruins, the excavation of archaeological sites, and the gathering 

19 of objects of antiquity on land under their respective jurisdictions to an in20 stitution that the Secretary, Secretary of Agriculture, or Secretary of the 

21 Army, as applicable, considers properly qualified to conduct the examina22 tion, excavation, or gathering. The permit may be granted subject to such 

23 regulations as the Secretary, Secretary of Agriculture, or Secretary of the 

24 Army may prescribe. 

25 (b) PURPOSE OF EXAMINATION, EXCAVATION, OR GATHERING.—A per26 mit may be granted only if— 

27 (1) the examination, excavation, or gathering is undertaken for the 

28 benefit of a reputable museum, university, college, or other recognized 

29 scientific or educational institution, with a view to increasing the 

30 knowledge of the objects; and 

31 (2) the gathering shall be made for permanent preservation in a pub32 lic museum. 

33 § 2201.03. Regulations 

34 The Secretary, the Secretary of Agriculture, and the Secretary of the 

35 Army shall make and publish uniform regulations for the purpose of car36 rying out this chapter. 

37 § 2201.04. Criminal penalty 

38 Any person that appropriates, excavates, injures, or destroys any historic 

39 or prehistoric ruin or monument or any other object of antiquity under 

40 chapter 2201 of this title that is situated on land owned or controlled by 

41 the Federal Government without the permission of the Secretary having juVerDate Mar 15 2010 20:20 Jun 09, 2011 Jkt 099200 PO 00000 Frm 00204 Fmt 6652 Sfmt 6221 E:\BILLS\H1950.IH H1950

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1 risdiction over the land on which the object is situated, shall be fined under 

2 title 18, imprisoned not more than 90 days, or both. 

3 SEC. 4. CONFORMING AMENDMENTS. 

4 (a) TITLE 28.— 

5 (1) IN GENERAL.—Part VI of title 28, United States Code, is 

6 amended by adding at the end the following: 

7 ‘‘CHAPTER 190—MISCELLANEOUS 

‘‘Sec. 

‘‘5001. Civil action for death or personal injury in national park or other place subject to 

exclusive jurisdiction of United States. 

8 ‘‘§ 5001. Civil action for death or personal injury in national 

9 park or other place subject to exclusive jurisdic10 tion of United States 

11 ‘‘(a) DEATH.—In the case of the death of an individual by the neglect 

12 or wrongful act of another in a national park or other place subject to the 

13 exclusive jurisdiction of the United States, within the exterior boundaries of 

14 any State, a right of action shall exist as though the national park or other 

15 place were under the jurisdiction of the State within whose exterior bound16 aries the national park or other place may be. 

17 ‘‘(b) PERSONAL INJURY.—In a civil action brought to recover on account 

18 of injuries sustained in a place described in subsection (a), the rights of the 

19 parties shall be governed by the laws of the State within the exterior bound20 aries of which the place may be.’’. 

21 (2) ANALYSIS.—The analysis of chapters for part VI of title 28, 

22 United States Code, is amended by adding at the end the following: 

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

23 (b) ACT OF MAY 26, 2000.—Section 1 of Public Law 106–206 (114 Stat. 

24 314) is amended to read as follows: 

25 ‘‘SECTION 1. COMMERCIAL FILMING. 

26 ‘‘(a) COMMERCIAL FILMING FEE.—The Secretary of Agriculture (here27 after referred to as the ‘Secretary’) shall require a permit and shall estab28 lish a reasonable fee for commercial filming activities or similar projects on 

29 Federal land administered by the Secretary. Such fee shall provide a fair 

30 return to the United States and shall be based upon the following criteria: 

31 ‘‘(1) The number of days the filming activity or similar project takes 

32 place on Federal land under the Secretary’s jurisdiction. 

33 ‘‘(2) The size of the film crew present on Federal land under the 

34 Secretary’s jurisdiction. 

35 ‘‘(3) The amount and type of equipment present. 

36 ‘‘The Secretary may include other factors in determining an appropriate fee 

37 as the Secretary deems necessary. 


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1 ‘‘(b) RECOVERY OF COSTS.—The Secretary shall also collect any costs in2 curred as a result of filming activities or similar project, including but not 

3 limited to administrative and personnel costs. All costs recovered shall be 

4 in addition to the fee assessed in subsection (a) of this section. 

5 ‘‘(c) STILL PHOTOGRAPHY.—(1) Except as provided in paragraph (2), the 

6 Secretary shall not require a permit nor assess a fee for still photography 

7 on land administered by the Secretary if such photography takes place 

8 where members of the public are generally allowed. The Secretary may re9 quire a permit, fee, or both, if such photography takes place at other loca10 tions where members of the public are generally not allowed, or where addi11 tional administrative costs are likely. 

12 ‘‘(2) The Secretary shall require and shall establish a reasonable fee for 

13 still photography that uses models or props which are not a part of the 

14 site’s natural or cultural resources or administrative facilities. 

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

16 filming, still photography or other related activity if the Secretary deter17 mines— 

18 ‘‘(1) there is a likelihood of resource damage; 

19 ‘‘(2) there would be an unreasonable disruption of the public’s use 

20 and enjoyment of the site; or 

21 ‘‘(3) that the activity poses health or safety risks to the public. 

22 ‘‘(e) USE OF PROCEEDS.—(1) All fees collected under this section shall 

23 be available for expenditure by the Secretary, without further appropriation. 

24 All fees collected shall remain available until expended. 

25 ‘‘(2) All costs recovered under this section shall be available for expendi26 ture by the Secretary, without further appropriation, at the site where col27 lected. All costs recovered shall remain available until expended. 

28 ‘‘(f) PROCESSING OF PERMIT APPLICATIONS.—The Secretary shall estab29 lish a process to ensure that permit applicants for commercial filming, still 

30 photography, or other activity are responded to in a timely manner.’’. 

31 (c) CREDIT CARD ACCOUNTABILITY RESPONSIBILITY AND DISCLOSURE

32 ACT OF 2009.—Section 512 of the Credit Card Accountability Responsi33 bility and Disclosure Act of 2009 (Public Law 111–24, 123 Stat. 1764) is 

34 amended to read as follows: 

35 ‘‘SEC. 512. PROTECTING AMERICANS FROM VIOLENT 

36 CRIME. 

37 ‘‘(a) CONGRESSIONAL FINDINGS.—Congress finds the following: 

38 ‘‘(1) The Second Amendment to the Constitution provides that ‘the 

39 right of the people to keep and bear Arms, shall not be infringed’. 

40 ‘‘(2) Section 27.42 of title 50, Code of Federal Regulations, provides 

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


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•H 1950 IH 

1 not ‘possess, use, or transport firearms on national wildlife refuges’ of 

2 the United States Fish and Wildlife Service. 

3 ‘‘(3) The regulations described in paragraph (2) prevent individuals 

4 complying with Federal and State laws from exercising the second 

5 amendment rights of the individuals while at units of the National 

6 Wildlife Refuge System. 

7 ‘‘(4) The existence of different laws relating to the transportation 

8 and possession of firearms at different units of the National Wildlife 

9 Refuge System entrapped law-abiding gun owners while at units of the 

10 National Wildlife Refuge System. 

11 ‘‘(5) Although the Bush administration issued new regulations relat12 ing to the Second Amendment rights of law-abiding citizens in units 

13 of the National Wildlife Refuge System that went into effect on Janu14 ary 9, 2009— 

15 ‘‘(A) on March 19, 2009, the United States District Court for 

16 the District of Columbia granted a preliminary injunction with re17 spect to the implementation and enforcement of the new regula18 tions; and 

19 ‘‘(B) the new regulations— 

20 ‘‘(i) are under review by the administration; and 

21 ‘‘(ii) may be altered. 

22 ‘‘(6) Congress needs to weigh in on the new regulations to ensure 

23 that unelected bureaucrats and judges cannot again override the Sec24 ond Amendment rights of law-abiding citizens on 90,790,000 acres of 

25 land under the jurisdiction of the United States Fish and Wildlife Serv26 ice. 

27 ‘‘(7) Federal laws should make it clear that the second amendment 

28 rights of an individual at a unit of the National Wildlife Refuge System 

29 should not be infringed. 

30 ‘‘(b) PROTECTING THE RIGHT OF INDIVIDUALS TO BEAR ARMS IN UNITS

31 OF THE NATIONAL WILDLIFE REFUGE SYSTEM.——The Secretary shall 

32 not promulgate or enforce any regulation that prohibits an individual from 

33 possessing a firearm, including an assembled or functional firearm, in any 

34 unit of the National Wildlife Refuge System if— 

35 ‘‘(1) the individual is not otherwise prohibited by law from pos36 sessing the firearm; and 

37 ‘‘(2) the possession of the firearm is in compliance with the law of 

38 the State in which the unit of the National Wildlife Refuge System is 

39 located.’’. 


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1 SEC. 5. CONFORMING CROSS-REFERENCES. 

2 (a) TITLE 10.—Section 2684(c)(1) of title 10, United States Code, is 

3 amended by striking ‘‘section 101(a) of the National Historic Preservation 

4 Act (16 U.S.C. 470a(a))’’ and substituting ‘‘section 2023.01 of title 54’’. 

5 (b) TITLE 23.—Title 23, United States Code, is amended— 

6 (1) in section 103(c)(5)— 

7 (A) in subparagraph (B), by striking ‘‘section 106 of the Na8 tional Historic Preservation Act (16 U.S.C. 470f)’’ and sub9 stituting ‘‘section 2053.02 of title 54’’; and 

10 (B) in subparagraph (C), by striking ‘‘section 106 of the Na11 tional Historic Preservation Act (16 U.S.C. 470f)’’ and sub12 stituting ‘‘section 2053.02 of title 54’’; 

13 (2) in section 133(e)(5)(B)— 

14 (A) by striking ‘‘title II of the National Historic Preservation 

15 Act (16 U.S.C. 470i et seq.)’’ and substituting ‘‘section 2041.01 

16 of title 54’’; and 

17 (B) by striking ‘‘section 106 of such Act (16 U.S.C. 470f)’’ and 

18 substituting ‘‘section 2053.02 of title 54’’; and 

19 (3) in section 138(b)(2)(A), by striking ‘‘section 106 of the National 

20 Historic Preservation Act (16 U.S.C. 470f)’’ and substituting ‘‘section 

21 2053.02 of title 54’’. 

22 (c) TITLE 36.—Section 153513(a)(1) of title 36, United States Code, is 

23 amended by striking ‘‘the Act of August 25, 1916 (16 U.S.C. 1 et seq.) 

24 (known as the National Park Service Organic Act)’’ and substituting ‘‘chap25 ter 1003 and sections 1009.01(a), 1009.06, 1021.01, and 1021.02 of title 

26 54’’. 

27 (d) TITLE 40.—Title 40, United States Code, is amended— 

28 (1) in section 550(h)(1)(B), by striking ‘‘section 3 of the Act of Au29 gust 21, 1935 (16 U.S.C. 463) (known as the Historic Sites, Buildings, 

30 and Antiquities Act)’’ and substituting ‘‘section 1039.02 of title 54’’; 

31 (2) in section 1303(c), by striking ‘‘the Act of August 21, 1935 (16 

32 U.S.C. 461 et seq.) (known as the Historic Sites, Buildings, and Antiq33 uities Act)’’ and substituting ‘‘chapter 2001 of title 54’’; 

34 (3) in section 1314(a)(2)(A)(ii), by striking ‘‘the Act of August 25, 

35 1916 (16 U.S.C. 1, 2, 3, 4) (known as the National Park Service Or36 ganic Act)’’ and substituting ‘‘chapter 1003 and sections 1009.01(a), 

37 1009.06, 1021.01, and 1021.02 of title 54’’; 

38 (4) in section 3303(c), by striking ‘‘title II of the National Historic 

39 Preservation Act (16 U.S.C. 470i et seq.)’’ and substituting ‘‘section 

40 2041.01 of title 54’’; and 


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1 (5) in section 3306(a)(4), by striking ‘‘section 101 of the National 

2 Historic Preservation Act (16 U.S.C. 470a)’’ and substituting ‘‘chapter 

3 2023 of title 54’’. 

4 SEC. 6. TRANSITIONAL AND SAVINGS PROVISIONS. 

5 (a) DEFINITIONS.—In this section: 

6 (1) SOURCE PROVISION.—The term ‘‘source provision’’ means a pro7 vision of law that is replaced by a title 54 provision. 

8 (2) TITLE 54 PROVISION.—The term ‘‘title 54 provision’’ means a 

9 provision of title 54, United States Code, that is enacted by section 3. 

10 (b) CUTOFF DATE.—The title 54 provisions replace certain provisions of 

11 law enacted on or before January 5, 2011. If a law enacted after that date 

12 amends or repeals a source provision, that law is deemed to amend or re13 peal, as the case may be, the corresponding title 54 provision. If a law en14 acted after that date is otherwise inconsistent with a title 54 provision or 

15 a provision of this Act, that law supersedes the title 54 provision or provi16 sion of this Act to the extent of the inconsistency. 

17 (c) ORIGINAL DATE OF ENACTMENT UNCHANGED.—For purposes of de18 termining whether one provision of law supersedes another based on enact19 ment later in time, a title 54 provision is deemed to have been enacted on 

20 the date of enactment of the source provision that the title 54 provision re21 places. 

22 (d) REFERENCES TO TITLE 54 PROVISIONS.—A reference to a title 54 

23 provision is deemed to refer to the corresponding source provision. 

24 (e) REFERENCES TO SOURCE PROVISIONS.—A reference to a source pro25 vision, including a reference in a regulation, order, or other law, is deemed 

26 to refer to the corresponding title 54 provision. 

27 (f) REGULATIONS, ORDERS, AND OTHER ADMINISTRATIVE ACTIONS.—A 

28 regulation, order, or other administrative action in effect under a source 

29 provision continues in effect under the corresponding title 54 provision. 

30 (g) ACTIONS TAKEN AND OFFENSES COMMITTED.—An action taken or 

31 an offense committed under a source provision is deemed to have been taken 

32 or committed under the corresponding title 54 provision. 

33 SEC. 7. REPEALS. 

34 The following provisions of law are repealed, except with respect to rights 

35 and duties that matured, penalties that were incurred, or proceedings that 

36 were begun before the date of enactment of this Act: 

Schedule of Laws Repealed 

Act Section United States Code Former 

Classification 

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.


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Schedule of Laws Repealed—Continued 

Act Section United States Code Former 

Classification 

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 (13th undesignated 

paragraph under heading 

‘‘NATIONAL PARKS’’).

16 U.S.C. 453.

1 (21st undesignated 

paragraph under heading 

‘‘NATIONAL PARKS’’).

16 U.S.C. 452.

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

under heading ‘‘NATIONAL

PARKS’’).

16 U.S.C. 6.

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

undesignated paragraph under 

heading ‘‘NATIONAL 

PARKS’’).

16 U.S.C. 452.

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

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

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

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

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

paragraph under heading 

‘‘NATIONAL PARKS’’).

16 U.S.C. 456.

1 (last undesignated paragraph 

under heading ‘‘NATIONAL 

PARKS’’).

16 U.S.C. 11.

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

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

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

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

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

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

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

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

paragraph under heading 

‘‘NATIONAL PARK 

SERVICE’’).

16 U.S.C. 15.

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

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

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

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

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

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

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

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

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

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

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

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

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

undesignated paragraph under 

heading ‘‘NATIONAL PARK

SERVICE’’).

16 U.S.C. 9a.

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


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Schedule of Laws Repealed—Continued 

Act Section United States Code Former 

Classification 

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

paragraph under heading 

‘‘NATIONAL PARK 

SERVICE’’).

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

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

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

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

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

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

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

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

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

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

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

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

paragraph under heading 

‘‘NATIONAL PARK 

SERVICE’’).

16 U.S.C. 14a.

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

paragraph under heading 

‘‘NATIONAL PARK 

SERVICE’’).

16 U.S.C. 17j–1.

Act of July 19, 1940 (ch. 642) ............... 1 ............................................... 16 U.S.C. 18.

2 ............................................... 16 U.S.C. 18a.

3 ............................................... 16 U.S.C. 18b.

4 ............................................... 16 U.S.C. 18c.

5 ............................................... 16 U.S.C. 18d.

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) ............ .................................................. 16 U.S.C. 17j–2.

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 ............................................... 16 U.S.C. 1b.

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.


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Schedule of Laws Repealed—Continued 

Act Section United States Code Former 

Classification 

Act of June 27, 1960 (Pub. L. 86–523) 1 ............................................... 16 U.S.C. 469.

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.

Act of August 24, 1962 (Pub. L. 87– 

608) ..................................................... .................................................. 16 U.S.C. 3b.

Act of May 28, 1963 (Pub. L. 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, § 1(b) ............................ 16 U.S.C. 460l–4.

title I, § 2 ................................. 16 U.S.C. 460l–5.

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

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

title I, § 4(j)–(n) ...................... 16 U.S.C. 460l–6a(j)–(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) .......................................... 1 ............................................... 16 U.S.C. 470.

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.


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Schedule of Laws Repealed—Continued 

Act Section United States Code Former 

Classification 

Demonstration Cities and Metropolitan 

Development Act of 1966 (Pub. L. 

89–754) ............................................... 603 ........................................... 16 U.S.C. 470b–1.

Act of December 18, 1967 (Pub. L. 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.

Act of July 15, 1968 (Pub. L. 90–401) 5 ............................................... 16 U.S.C. 460l–22.

Volunteers in the Parks Act of 1969 

(Pub. L. 91–357) ................................ 1 ............................................... 16 U.S.C. 18g.

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

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

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

Act of August 18, 1970 (Pub. L. 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.

Act of September 28, 1976 (Pub. L. 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.

Act of August 15, 1978 (Pub. L. 95– 

344) ..................................................... title III, § 301 .......................... 16 U.S.C. 2301.

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.

Act of March 5, 1980 (Pub. L. 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.

Act of October 12, 1984 (Pub. L. 98– 

473) ..................................................... title I, § 101(c) [title I, § 100] 16 U.S.C. 1e.

Act of October 24, 1984 (Pub. L. 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.

Act of July 27, 1990 (Pub. L. 101–337) 1 ............................................... 19jj.


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•H 1950 IH 

Schedule of Laws Repealed—Continued 

Act Section United States Code Former 

Classification 

2 ............................................... 19jj–1.

3 ............................................... 19jj–2.

4 ............................................... 19jj–3.

5 ............................................... 19jj–4.

Department of the Interior and Related 

Agencies Appropriations Act, 1991 

(Pub. L. 101–512) .............................. 116 ........................................... 16 U.S.C. 18f–1.

Act of November 28, 1990 (Pub. L. 

101–628) ............................................. title XII, § 1213 ...................... 16 U.S.C. 1a–9.

title XII, § 1214 ...................... 16 U.S.C. 1a–10.

title XII, § 1215 ...................... 16 U.S.C. 1a–11.

title XII, § 1216 ...................... 16 U.S.C. 1a–12.

title XII, § 1217 ...................... 16 U.S.C. 1a–13.

Department of the Interior and Related 

Agencies Appropriations Act, 1993 

(Pub. L. 102–381) .............................. title I (1st proviso in 

paragraph under heading 

‘‘ADMINISTRATIVE

PROVISIONS’’ under heading 

‘‘NATIONAL PARK SERVICE’’).

16 U.S.C. 14d.

Act of October 26, 1992 (Pub. L. 102– 

525) ..................................................... title III, § 301 .......................... 16 U.S.C. 1a–14.

Agricultural Reconciliation Act of 1993 

(Pub. L. 103–66) ................................ title I, § 1401 ........................... 16 U.S.C. 460l–6c.

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) ........ 16 U.S.C. 17o.

div. I, title VIII, § 814(g) ........ 16 U.S.C. 1f.

National Underground Railroad Network 

to Freedom Act of 1998 (Pub. L. 

105–203) ............................................. 2 ............................................... 16 U.S.C. 469l.

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

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

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.


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215 

•H 1950 IH 

Schedule of Laws Repealed—Continued 

Act Section United States Code Former 

Classification 

104 ........................................... 16 U.S.C. 5914.

201 ........................................... 16 U.S.C. 5931.

202 ........................................... 16 U.S.C. 5932.

203 ........................................... 16 U.S.C. 5933.

204 ........................................... 16 U.S.C. 5934.

205 ........................................... 16 U.S.C. 5935.

206 ........................................... 16 U.S.C. 5936.

207 ........................................... 16 U.S.C. 5937.

402 ........................................... 16 U.S.C. 5951.

403 ........................................... 16 U.S.C. 5952.

404 ........................................... 16 U.S.C. 5953.

405 ........................................... 16 U.S.C. 5954.

406 ........................................... 16 U.S.C. 5955.

407 ........................................... 16 U.S.C. 5956.

408 ........................................... 16 U.S.C. 5957.

409 ........................................... 16 U.S.C. 5958.

410 ........................................... 16 U.S.C. 5959.

411 ........................................... 16 U.S.C. 5960.

412 ........................................... 16 U.S.C. 5961.

413 ........................................... 16 U.S C. 5962.

414 ........................................... 16 U.S.C. 5963.

416 ........................................... 16 U.S.C. 5964.

417 ........................................... 16 U.S.C. 5965.

418 ........................................... 16 U.S.C. 5966.

501 ........................................... 16 U.S.C. 5981.

801 ........................................... 16 U.S.C. 6011.

Act of May 26, 2000 (Pub. L. 106–206) 1 (relating to the Secretary of 

the Interior).

16 U.S.C. 460l–6d (relating to 

the Secretary of the Interior).

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.

Civil War Battlefield Preservation Act of 

2002 (Pub. L. 107–359) ..................... 2(b) .......................................... 16 U.S.C. 469k note.

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 Natural Resources Act of 

2008 (Pub. L. 110–229) ..................... title III, subtitle A, § 301 ........ 16 U.S.C. 1j.

title III, subtitle G, § 361(1) ... 16 U.S.C. 469l–1.

title III, subtitle G, § 361(2) ... 16 U.S.C. 469l–2.

title III, subtitle G, § 361(3) ... 16 U.S.C. 469l–3.

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 .... 16 U.S.C. 469k–1.

title VII, subtitle D, § 7302 .... 16 U.S.C. 469n.

title VII, subtitle D, § 7303 .... 16 U.S.C. 469o.

title VII, subtitle E, § 7403 ..... 16 U.S.C. 5958.

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).

Æ 


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