112TH CONGRESS 

2D SESSION H. R. 1950 

AN ACT 

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. 

2 

•HR 1950 EH 

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. 

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

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

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

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

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

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

8 corrections as will remove ambiguities, contradictions, and other imperfec9 tions, in accordance with section 205(c)(1) of House Resolution No. 988, 

10 93d Congress, as enacted into law by Public Law 93–554 (2 U.S.C. 

11 285b(1)). 

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

13 Title 54, United States Code, ‘‘National Park Service and Related Pro14 grams’’, is enacted as follows: 

15 TITLE 54—NATIONAL PARK SERVICE 

16 AND RELATED PROGRAMS 

Subtitle I—National Park System 

Division A—Establishment and General Administration 

Chap. Sec. 

1001. General Provisions ............................................................................................ 100101 

1003. Establishment, Directors, and Other Employees ............................................. 100301 

1005. Areas of National Park System ........................................................................ 100501 

1007. Resource Management ...................................................................................... 100701 

1009. Administration .................................................................................................. 100901 

1011. Donations .......................................................................................................... 101101

1013. Employees ......................................................................................................... 101301 

1015. Transportation .................................................................................................. 101501 

1017. Financial Agreements ....................................................................................... 101701 

1019. Concessions and Commercial Use Authorizations ............................................ 101901 

1021. Privileges and Leases ....................................................................................... 102101 

1023. Programs and Organizations ............................................................................ 102301 

1025. Museums ........................................................................................................... 102501 

1027. Law Enforcement and Emergency Assistance ................................................. 102701 

1029. Land Transfers ................................................................................................. 102901 

1031. Appropriations and Accounting ........................................................................ 103101 

1033. National Military Parks .................................................................................... 103301 

1035 through 1047 .................................................................................................... Reserved 

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

Division B—System Units and Related Areas—Reserved 

Subtitle II—Outdoor Recreation Programs 

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

2003. Land and Water Conservation Fund ................................................................ 200301 

2005. Urban Park and Recreation Recovery Program .............................................. 200501 

Subtitle III—National Preservation Programs 

Division A—Historic Preservation 

Subdivision 1—General Provisions 

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

3 

•HR 1950 EH 

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

Subdivision 2—Historic Preservation Program 

3021. National Register of Historic Places ................................................................ 302101 

3023. State Historic Preservation Programs ............................................................. 302301 

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

3027. Historic Preservation Programs and Authorities for Indian Tribes and Native Hawaiian Organizations.302701 

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

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

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

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

Subdivision 3—Advisory Council on Historic Preservation 

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

Subdivision 4—Other Organizations and Programs 

3051. Historic Light Station Preservation ................................................................. 305101 

3053. National Center for Preservation Technology and Training ............................ 305301 

3055. National Building Museum ............................................................................... 305501 

Subdivision 5—Federal Agency Historic Preservation Responsibilities 

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

Subdivision 6—Miscellaneous 

3071. Miscellaneous .................................................................................................... 307101 

Division B—Organizations and Programs 

Subdivision 1—Administered by National Park Service 

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

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

3085. National Women’s Rights History Project ....................................................... 308501 

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

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

3091. Commemoration of Former Presidents ............................................................ 309101 

Subdivision 2—Administered Jointly With National Park 

Service 

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

Subdivision 3—Administered by Other Than National Park 

Service 

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

3123. Commission for the Preservation of America’s Heritage Abroad .................... 312301 

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

Division C—American Antiquities 

3201. Policy and Administrative Provisions ............................................................... 320101 

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

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

1 Subtitle I—National Park System 

2 Division A—Establishment and General 

3 Administration 

4 Chapter 1001—General Provisions 

Sec. 

100101. Promotion and regulation. 

100102. Definitions. 

5 § 100101. Promotion and regulation 

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

8 Park System by means and measures that conform to the fundamental pur9 pose of the System units, which purpose is to conserve the scenery, natural 

10 and historic objects, and wild life in the System units and to provide for 

4 

•HR 1950 EH 

1 the enjoyment of the scenery, natural and historic objects, and wild life in 

2 such manner and by such means as will leave them unimpaired for the en3 joyment of future generations. 

4 (b) DECLARATIONS.— 

5 (1) 1970 DECLARATIONS.—Congress declares that— 

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

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

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

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

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

11 through their interrelated purposes and resources into one Na12 tional Park System as cumulative expressions of a single national 

13 heritage; 

14 (C) individually and collectively, these areas derive increased na15 tional dignity and recognition of their superb environmental qual16 ity through their inclusion jointly with each other in one System 

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

18 people of the United States; and 

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

20 in the System and to clarify the authorities applicable to the Sys21 tem. 

22 (2) 1978 REAFFIRMATION.—Congress reaffirms, declares, and di23 rects that the promotion and regulation of the various System units 

24 shall be consistent with and founded in the purpose established by sub25 section (a), to the common benefit of all the people of the United 

26 States. The authorization of activities shall be construed and the pro27 tection, management, and administration of the System units shall be 

28 conducted in light of the high public value and integrity of the System 

29 and shall not be exercised in derogation of the values and purposes for 

30 which the System units have been established, except as directly and 

31 specifically provided by Congress. 

32 § 100102. Definitions 

33 In this title: 

34 (1) DIRECTOR.—The term ‘‘Director’’ means the Director of the Na35 tional Park Service. 

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

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

38 title. 

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

40 Interior. 

5 

•HR 1950 EH 

1 (4) SERVICE.—The term ‘‘Service’’ means the National Park Serv2 ice. 

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

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

5 described in section 100501 of this title. 

6 Chapter 1003—Establishment, Directors, 

7 and Other Employees 

Sec. 

100301. Establishment. 

100302. Directors and other employees. 

100303. Effect on other laws. 

8 § 100301. Establishment 

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

10 Park Service. 

11 § 100302. Directors and other employees 

12 (a) DIRECTOR.— 

13 (1) APPOINTMENT.—The Service shall be under the charge of a di14 rector who shall be appointed by the President, by and with the advice 

15 and consent of the Senate. 

16 (2) QUALIFICATIONS.—The Director shall have substantial experi17 ence and demonstrated competence in land management and natural or 

18 cultural resource conservation. 

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

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

21 In the supervision, management, and control of System units contig22 uous to national forests the Secretary of Agriculture may cooperate 

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

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

25 One Deputy Director shall have responsibility for Service operations, and 

26 the other Deputy Director shall have responsibility for other programs as27 signed to the Service. 

28 (c) OTHER EMPLOYEES.—The Service shall have such subordinate offi29 cers and employees as may be appropriated for by Congress. 

30 § 100303. Effect on other laws 

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

32 102101 of this title do not affect or modify section 100902(a) of this title. 

33 Chapter 1005—Areas of National Park 

34 System 

Sec. 

100501. Areas included in System. 

100502. General management plans. 

100503. Five-year strategic plans. 

100504. Study and planning of park, parkway, and recreational-area facilities. 

100505. Periodic review of System. 

6 

•HR 1950 EH 

100506. Boundary changes to System units. 

100507. Additional areas for System. 

1 § 100501. Areas included in System 

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

3 Secretary, acting through the Director, for park, monument, historic, park4 way, recreational, or other purposes. 

5 § 100502. General management plans 

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

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

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

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

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

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

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

13 (2) indications of types and general intensities of development (in14 cluding visitor circulation and transportation patterns, systems, and 

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

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

17 (3) identification of and implementation commitments for visitor car18 rying capacities for all areas of the System unit; and 

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

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

21 § 100503. Five-year strategic plans 

22 (a) STRATEGIC AND PERFORMANCE PLANS.—Each System unit shall pre23 pare and make available to the public a 5-year strategic plan and an annual 

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

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

26 to section 306 of title 5. 

27 (b) ANNUAL BUDGET.— 

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

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

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

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

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

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

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

35 (A) funding allocations for resource preservation (including re36 source management), visitor services (including maintenance, in37 terpretation, law enforcement, and search and rescue), and admin38 istration; and 

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

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

7 

•HR 1950 EH 

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

2 and entrance fees. 

3 § 100504. Study and planning of park, parkway, and rec4 reational-area facilities 

5 (a) IN GENERAL.— 

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

7 State, the District of Columbia, Puerto Rico, Guam, and the Virgin Is8 lands. 

9 (2) STUDY.—The Secretary shall cause the Service to make a com10 prehensive study, other than on land under the jurisdiction of the Sec11 retary of Agriculture, of the public park, parkway, and recreational 

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

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

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

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

16 approval of the State officials, boards, or departments having jurisdic17 tion over the land. The study shall be such as, in the judgment of the 

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

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

20 the people of the United States. 

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

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

23 Secretary, acting through the Director— 

24 (A) shall seek and accept the cooperation and assistance of Fed25 eral departments or agencies having jurisdiction of land belonging 

26 to the United States; and 

27 (B) may cooperate and make agreements with and seek and ac28 cept the assistance of— 

29 (i) other Federal agencies and instrumentalities; and 

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

31 and instrumentalities of either of them. 

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

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

34 the people of the United States, the Secretary may aid States and po35 litical subdivisions of States in planning public park, parkway, and rec36 reational areas and in cooperating with one another to accomplish these 

37 ends. Aid shall be made available through the Service acting in co38 operation with such State agencies or agencies of political subdivisions 

39 of States as the Secretary considers best. 

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

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

8 

•HR 1950 EH 

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

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

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

4 by the legislatures of the States that are parties to the compact or agree5 ment and by Congress. 

6 § 100505. Periodic review of System 

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

8 shall conduct a systematic and comprehensive review of certain aspects of 

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

10 submit to the Committee on Natural Resources and the Committee on Ap11 propriations of the House of Representatives and the Committee on Energy 

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

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

14 the Secretary determines to be necessary. 

15 (b) CONSULTATION.—In conducting and preparing the report, the Sec16 retary shall consult with appropriate officials of affected Federal, State, and 

17 local agencies and national, regional, and local organizations. The consulta18 tion shall include holding public hearings that the Secretary determines to 

19 be appropriate to provide a full opportunity for public comment. 

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

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

22 of land within the exterior boundaries of each System unit as of No23 vember 28, 1990. 

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

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

26 ownership of each parcel, the estimated cost of acquisition for each par27 cel (subject to any statutory acquisition limitations for the land), and 

28 the basis for the estimate. 

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

30 each System unit for resource management, interpretation, construc31 tion, operation and maintenance, personnel, and housing, together with 

32 an estimate of the costs. 

33 § 100506. Boundary changes to System units 

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

35 to evaluate any proposed changes to the boundaries of System units, includ36 ing— 

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

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

39 scenic and recreational resources integral to the System unit; 

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

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

9 

•HR 1950 EH 

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

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

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

4 surrounding area. 

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

6 System unit, the Secretary shall— 

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

8 surrounding communities, affected landowners, and private national, 

9 regional, and local organizations; 

10 (2) apply the criteria developed pursuant to subsection (a) and ac11 company the proposal with a statement reflecting the results of the ap12 plication of the criteria; and 

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

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

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

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

17 and for the System. 

18 (c) MINOR BOUNDARY CHANGES.— 

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

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

21 interpretation, or management of a System unit, the Secretary may, 

22 following timely notice in writing to the Committee on Natural Re23 sources of the House of Representatives and the Committee on Energy 

24 and Natural Resources of the Senate of the Secretary’s intention to do 

25 so, and by publication of a revised boundary map or other description 

26 in the Federal Register— 

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

28 and amounts appropriated from the Fund shall be available for ac29 quisition of any land, water, and interests in land or water added 

30 to the System unit by the boundary change subject to such statu31 tory limitations, if any, on methods of acquisition and appropria32 tions thereof as may be specifically applicable to the System unit; 

33 and 

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

35 from any other Federal agency, or exchange, land, water, or inter36 ests in land or water adjacent to the System unit, except that in 

37 exercising the Secretary’s authority under this subparagraph the 

38 Secretary— 

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

40 System to acquire land by exchange; 

10 

•HR 1950 EH 

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 to the System unit. 

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

18 (1)(A), in all cases except the case of technical boundary changes (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 change is not an element of a more 

37 comprehensive boundary change 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 

41 change from all property owners whose land, water, or interests 

11 

•HR 1950 EH 

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

2 in land or water, will be added to or deleted from the System unit 

3 by the boundary change. 

4 (G) The land abuts other Federal land administered by the Di5 rector. 

6 (6) ACT OF CONGRESS REQUIRED.—Minor boundary changes 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 § 100507. Additional areas for System 

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

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

12 resources exhibit qualities of national significance and that may have poten13 tial for inclusion in the System. 

14 (b) SUBMISSION OF LIST OF AREAS RECOMMENDED FOR STUDY FOR PO15 TENTIAL INCLUSION.— 

16 (1) WHEN LIST IS TO BE SUBMITTED.—At the beginning of each cal17 endar year, with the annual budget submission, the Secretary shall sub18 mit to the Committee on Natural Resources of the House of Represent19 atives and the Committee on Energy and Natural Resources of the 

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

21 the System. 

22 (2) FACTORS TO BE CONSIDERED.—In developing the list to be sub23 mitted under this subsection, the Secretary shall consider— 

24 (A) the areas that have the greatest potential to meet the estab25 lished criteria of national significance, suitability, and feasibility; 

26 (B) themes, sites, and resources not already adequately rep27 resented in the System; and 

28 (C) public petitions and Congressional resolutions. 

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

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

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

32 other relevant factors, compiled as a result of continual periodic moni33 toring and embracing the period since the previous submission or initial 

34 report submission one year earlier. 

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

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

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

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

39 This section and sections 100901(b), 101702(b) and (c), and 102102 

40 of this title do not limit the authority of the Service to conduct prelimi41 nary resource assessments, gather data on potential study areas, proVerDate Nov 24 2008 11:59 Aug 02, 2012 Jkt 000000 PO 00000 Frm 00011 Fmt 6652 Sfmt 6221 Z:\ENGROSS\H1950.EH CLERK
12 

•HR 1950 EH 

1 vide technical and planning assistance, prepare or process nominations 

2 for administrative designations, update previous studies, or complete 

3 reconnaissance surveys of individual areas requiring a total expenditure 

4 of less than $25,000. 

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

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

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

8 and scenic rivers system; or 

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

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

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

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

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

14 funds are first made available for that purpose. 

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

16 study under this section shall be prepared with appropriate opportunity 

17 for public involvement, including at least one public meeting in the vi18 cinity of the area under study, and after reasonable efforts to notify 

19 potentially affected landowners and State and local governments. 

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

21 consider whether the area under study— 

22 (A) possesses nationally significant natural or cultural resources 

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

24 resource type in the country; and 

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

26 (4) SCOPE OF STUDY.—Each study— 

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

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

29 (ii) the threats to those resources; 

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

31 System or in other public or private ownership; 

32 (iv) the public use potential; 

33 (v) the interpretive and educational potential; 

34 (vi) costs associated with acquisition, development, and op35 eration; 

36 (vii) the socioeconomic impacts of any designation; 

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

38 (ix) whether the area is of appropriate configuration to en39 sure long-term resource protection and visitor use; 

13 

•HR 1950 EH 

1 (B) shall consider whether direct Service management or alter2 native protection by other public agencies or the private sector is 

3 appropriate for the area; 

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

5 would in the professional judgment of the Director be most effec6 tive and efficient in protecting significant resources and providing 

7 for public enjoyment; and 

8 (D) may include any other information that the Secretary con9 siders to be relevant. 

10 (5) COMPLIANCE WITH NATIONAL ENVIRONMENTAL POLICY ACT OF

11 1969.—Each study shall be completed in compliance with the National 

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

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

14 letter transmitting each completed study to Congress shall contain a 

15 recommendation regarding the Secretary’s preferred management op16 tion for the area. 

17 (d) LIST OF AREAS PREVIOUSLY STUDIED.— 

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

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

20 Committee on Natural Resources of the House of Representatives and 

21 the Committee on Energy and Natural Resources of the Senate, in nu22 merical order of priority for addition to the System— 

23 (A) a list of areas that have been previously studied that con24 tain primarily historical resources; and 

25 (B) a list of areas that have been previously studied that con26 tain primarily natural resources. 

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

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

29 factors listed in subsection (c). 

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

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

32 accurate. 

33 (e) LIST OF AREAS THAT EXHIBIT DANGER OR THREATS TO THE IN34 TEGRITY OF THEIR RESOURCES.—At the beginning of each fiscal year, the 

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

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

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

38 listed on the National Register of Historic places, that exhibit known or an39 ticipated damage or threats to the integrity of their resources, with nota40 tions as to the nature and severity of the damage or threats. 

14 

•HR 1950 EH 

1 (f) REPORTS AND LISTINGS PRINTED AS HOUSE DOCUMENTS.—Each re2 port and annual listing described in this section shall be printed as a House 

3 document. If adequate supplies of previously printed identical reports re4 main available, newly submitted identical reports shall be omitted from 

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

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

7 the House of Representatives and the chairman of the Committee on En8 ergy and Natural Resources of Senate indicating that to be the case. 

9 (g) DESIGNATION OF OFFICE.—The Secretary shall designate a single of10 fice to prepare all new area studies and to implement other functions under 

11 this section. 

12 (h) AUTHORIZATION OF APPROPRIATIONS.— 

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

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

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

16 and natural resources referred to in subparagraphs (A) and (B) of sub17 section (d)(1), there is authorized to be appropriated not more than 

18 $1,000,000 for each fiscal year. 

19 (2) MONITORING WELFARE AND INTEGRITY OF NATIONAL LAND20 MARKS.—To monitor the welfare and integrity of the national land21 marks, there is authorized to be appropriated not more than 

22 $1,500,000 for each fiscal year. 

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

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

25 $2,000,000 for each fiscal year. 

26 Chapter 1007—Resource Management 

Subchapter I—System Resource Inventory and Management 

Sec. 

100701. Protection, interpretation, and research in System. 

100702. Research mandate. 

100703. Cooperative study units. 

100704. Inventory and monitoring program. 

100705. Availability of System units for scientific study. 

100706. Integration of study results into management decisions. 

100707. Confidentiality of information. 

Subchapter II—System Unit Resource Protection 

100721. Definitions. 

100722. Liability. 

100723. Actions. 

100724. Use of recovered amounts. 

100725. Donations. 

Subchapter III—Mining Activity Within System Units 

100731. Findings and declaration. 

100732. Preservation and management of System units by Secretary; promulgation of regulations. 

100733. Recordation of mining claims; publication of notice. 

100734. Report on finding or notification of potential damage to natural and historical landmarks. 

100735. Civil actions for just compensation by mining claim holders. 

100736. Acquisition of land by Secretary. 

15 

•HR 1950 EH 

100737. Financial disclosure by officer or employee of Secretary. 

Subchapter IV—Administration 

100751. Regulations. 

100752. Destruction of animals and plant life. 

100753. Disposal of timber. 

100754. Relinquishment of legislative jurisdiction. 

100755. Applicability of other laws. 

1 Subchapter I—System Resource Inventory 

2 and Management 

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

4 Recognizing the ever increasing societal pressures being placed upon 

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

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

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

8 on, the resources of the System. 

9 § 100702. Research mandate 

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

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

12 science and information. 

13 § 100703. Cooperative study units 

14 The Secretary shall enter into cooperative agreements with colleges and 

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

16 and State agencies, to establish cooperative study units to conduct 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 § 100704. 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 § 100705. 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 only 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 a manner that poses no threat to the System 

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

16 

•HR 1950 EH 

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

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

3 under this section. 

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

5 for and enter into equitable, efficient benefit-sharing arrangements with the 

6 research community and private industry. 

7 § 100706. Integration of study results into management deci8 sions 

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

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

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

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

13 the administrative record shall reflect the manner in which System unit re14 source studies have been considered. The trend in the condition of resources 

15 of the System shall be a significant factor in the annual performance eval16 uation of each superintendent of a System unit. 

17 § 100707. Confidentiality of information 

18 Information concerning the nature and specific location of a System re19 source that is endangered, threatened, rare, or commercially valuable, of 

20 mineral or paleontological objects within System units, or of objects of cul21 tural patrimony within System units, may be withheld from the public in 

22 response to a request under section 552 of title 5 unless the Secretary de23 termines that— 

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

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

26 create an unreasonable risk of harm, theft, or destruction of the re27 source or object, including individual organic or inorganic specimens; 

28 and 

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

30 or object. 

31 Subchapter II—System Unit Resource 

32 Protection 

33 § 100721. Definitions 

34 In this subchapter: 

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

36 (A) compensation for— 

37 (i)(I) the cost of replacing, restoring, or acquiring the 

38 equivalent of a System unit resource; and 

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

40 unit resource pending its restoration or replacement or the 

41 acquisition of an equivalent resource; or 

17 

•HR 1950 EH 

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

2 unit resource cannot be replaced or restored; and 

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

4 of this title. 

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

6 of actions taken by the Secretary to— 

7 (A) prevent or minimize destruction or loss of or injury to a 

8 System unit resource; 

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

10 loss, or injury; or 

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

12 loss, or injury. 

13 (3) SYSTEM UNIT RESOURCE.— 

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

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

16 of a System unit. 

17 (B) EXCLUSION.—The term ‘‘System unit resource’’ does not 

18 include a resource owned by a non-Federal entity. 

19 § 100722. Liability 

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

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

22 United States for response costs and damages resulting from the destruc23 tion, loss, or injury. 

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

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

26 System unit resource shall be liable in rem to the United States for re27 sponse costs and damages resulting from the destruction, loss, or injury to 

28 the same extent as a person is liable under subsection (a). 

29 (c) DEFENSES.—A person is not liable under this section if the person 

30 establishes that— 

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

32 was caused solely by an act of God or an act of war; 

33 (2) the person acted with due care, and the destruction, loss of, or 

34 injury to the System unit resource was caused solely by an act or omis35 sion of a 3d party, other than an employee or agent of the person; or 

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

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

38 (d) SCOPE.—Liability under this section is in addition to any other liabil39 ity that may arise under Federal or State law. 

18 

•HR 1950 EH 

1 § 100723. Actions 

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

3 General, on request of the Secretary after a finding by the Secretary of de4 struction, loss, or injury to a System unit resource or a finding that absent 

5 the undertaking of a response action, destruction, loss, or injury to a Sys6 tem unit resource would have occurred, may bring a civil action in United 

7 States district court against any person or instrumentality that may be lia8 ble under section 100722 of this title for response costs and damages. The 

9 Secretary shall submit a request for the civil action to the Attorney General 

10 whenever a person may be liable or an instrumentality may be liable in rem 

11 for those costs and damages under section 100722 of this title. 

12 (b) RESPONSE ACTIONS AND ASSESSMENT OF DESTRUCTION, LOSS, OR

13 INJURY.— 

14 (1) ACTIONS TO PREVENT OR MINIMIZE DESTRUCTION, LOSS, OR IN15 JURY.—The Secretary shall undertake all necessary actions to— 

16 (A) prevent or minimize the destruction, loss of, or injury to 

17 System unit resources; or 

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

19 to System unit resources. 

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

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

22 § 100724. Use of recovered amounts 

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

24 Secretary under this subchapter or amounts recovered by the Federal Gov25 ernment under any Federal, State, or local law or regulation or otherwise 

26 as a result of destruction, loss of, or injury to any System unit resource 

27 shall be available to the Secretary and without further Congressional action 

28 may be used only as follows: 

29 (1) REIMBURSEMENT.—To reimburse response costs and damage as30 sessments by the Secretary or other Federal agencies as the Secretary 

31 considers appropriate. 

32 (2) RESTORATION AND REPLACEMENT.—To restore, replace, or ac33 quire the equivalent of System unit resources that were the subject of 

34 the action and to monitor and study those System unit resources. The 

35 funds may not be used to acquire any land or water, interest in land 

36 or water, or right to land or water unless the acquisition is specifically 

37 approved in advance in appropriations Acts. The acquisition shall be 

38 subject to any limitations contained in the legislation establishing the 

39 System unit. 

19 

•HR 1950 EH 

1 (b) EXCESS AMOUNTS.—Any amounts remaining after expenditures pur2 suant to paragraphs (1) and (2) of subsection (a) shall be deposited in the 

3 Treasury. 

4 § 100725. Donations 

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

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

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

8 without further Congressional action. 

9 Subchapter III—Mining Activity Within 

10 System Units 

11 § 100731. Findings and declaration 

12 Congress finds and declares that— 

13 (1) the level of technology of mineral exploration and development 

14 has changed radically, and continued application of the mining laws of 

15 the United States to System units to which the mining laws apply con16 flicts with the purposes for which the System units were established; 

17 and 

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

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

20 values. 

21 § 100732. Preservation and management of System units by 

22 Secretary; promulgation of regulations 

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

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

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

26 title and the individual organic Acts for the System units, all activities re27 sulting from the exercise of mineral rights on patented or unpatented min28 ing claims within any System unit shall be subject to such regulations pre29 scribed by the Secretary as the Secretary considers necessary or desirable 

30 for the preservation and management of the System units. 

31 § 100733. Recordation of mining claims; publication of no32 tice 

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

34 sections 161 and 162, and chapters 12A and 16) that lie within the bound35 aries of System units in existence on September 28, 1976, that were not 

36 recorded with the Secretary within one year after September 28, 1976, shall 

37 be conclusively presumed to be abandoned and shall be void. The recorda38 tion does not render valid any claim that was not valid on September 28, 

39 1976, or that becomes invalid after that date. 

20 

•HR 1950 EH 

1 § 100734. Report on finding or notification of potential dam2 age to natural and historical landmarks 

3 When the Secretary finds on the Secretary’s own motion or on being noti4 fied in writing by an appropriate scientific, historical, or archeological au5 thority that a district, site, building, structure, or object that has been 

6 found to be nationally significant in illustrating natural history or the his7 tory of the United States and that has been designated as a natural or his8 toric landmark may be irreparably lost or destroyed in whole or in part by 

9 any surface mining activity, including exploration for or removal or produc10 tion of minerals or materials, the Secretary shall notify the person con11 ducting the activity and submit a report on the findings or notification, in12 cluding the basis for the Secretary’s finding that the activity may cause ir13 reparable loss or destruction of a national landmark, to the Advisory Coun14 cil on Historic Preservation, with a request for advice of the Council as to 

15 alternative measures that may be taken by the United States to mitigate 

16 or abate the activity. 

17 § 100735. Civil actions for just compensation by mining 

18 claim holders 

19 The holder of any patented or unpatented mining claim subject to this 

20 subchapter that believes the holder has suffered a loss by operation of this 

21 subchapter, or by orders or regulations issued pursuant to this subchapter, 

22 may bring a civil action in United States district court to recover just com23 pensation, which shall be awarded if the court finds that the loss constitutes 

24 a taking of property compensable under the Constitution. 

25 § 100736. Acquisition of land by Secretary 

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

27 the Secretary to acquire land and interests in land within the boundary of 

28 any System unit. The Secretary shall give prompt and careful consideration 

29 to any offer made by the owner of any valid right or other property in Gla30 cier Bay National Monument, Death Valley National Monument, Organ 

31 Pipe Cactus National Monument, or Mount McKinley National Park to sell 

32 the right or other property if the owner notifies the Secretary that the con33 tinued ownership of the right or property is causing, or would result in, 

34 undue hardship. 

35 § 100737. Financial disclosure by officer or employee of Sec36 retary 

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

38 who— 

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

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

41 1342) concerning the regulation of mining in the System; and 

21 

•HR 1950 EH 

1 (2) has any known financial interest— 

2 (A) in any person subject to this subchapter or any Act amend3 ed by the Mining in the Parks Act (Public Law 94–429, 90 Stat. 

4 1342); or 

5 (B) in any person who holds a mining claim within the bound6 ary of any System unit; 

7 shall annually file with the Secretary a written statement concerning all 

8 such interests held by the officer or employee during the preceding calendar 

9 year. The statement shall be available to the public. 

10 (b) MONITORING AND ENFORCEMENT PROCEDURES.—The Secretary 

11 shall— 

12 (1) define the term ‘‘known financial interest’’ for purposes of sub13 section (a); 

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

15 statements specified in subsection (a) will be monitored and enforced, 

16 including appropriate provisions for the filing by the officers and em17 ployees of the statements and the review by the Secretary of the state18 ments; and 

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

20 to the disclosures and the actions taken in regard to the disclosures 

21 during the preceding calendar year. 

22 (c) EXEMPTIONS.—In the rules prescribed under subsection (b), the Sec23 retary may identify specific positions within the Department of the Interior 

24 that are of a nonregulatory or nonpolicymaking nature and provide that of25 ficers or employees occupying those positions shall be exempt from the re26 quirements of this section. 

27 (d) CRIMINAL PENALTIES.—Criminal penalties for a violation of this sec28 tion are provided by section 1865 of title 18. 

29 Subchapter IV—Administration 

30 § 100751. Regulations 

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

32 Secretary considers necessary or proper for the use and management of Sys33 tem units. 

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

35 The Secretary, under such terms and conditions as the Secretary considers 

36 advisable, may prescribe regulations under subsection (a) concerning boat37 ing and other activities on or relating to water located within System units, 

38 including water subject to the jurisdiction of the United States. Any regula39 tion under this subsection shall be complementary to, and not in derogation 

40 of, the authority of the Coast Guard to regulate the use of water subject 

41 to the jurisdiction of the United States. 

22 

•HR 1950 EH 

1 (c) CRIMINAL PENALTIES.—Criminal penalties for a violation of a regula2 tion prescribed under this section are provided by section 1865 of title 18. 

3 § 100752. Destruction of animals and plant life 

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

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

6 § 100753. Disposal of timber 

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

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

9 the cutting of timber is required to control attacks of insects or diseases 

10 or otherwise conserve the scenery or the natural or historic objects in any 

11 System unit. 

12 § 100754. Relinquishment of legislative jurisdiction 

13 (a) IN GENERAL.—Notwithstanding any other provision of law, the Sec14 retary may relinquish to a State or a territory (including a possession) of 

15 the United States part of the legislative jurisdiction of the United States 

16 over System land or interests in land in that State or territory. Relinquish17 ment may be accomplished— 

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

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

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

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

22 a relinquishment under subsection (a), the Secretary shall submit the pro23 posed agreement to the Committee on Energy and Natural Resources of the 

24 Senate and the Committee on Natural Resources of the House of Represent25 atives. The Secretary shall not finalize the agreement until 60 calendar days 

26 after the submission has elapsed. 

27 (c) CONCURRENT LEGISLATIVE JURISDICTION.—The Secretary shall dili28 gently pursue the consummation of arrangements with each State or terri29 tory within which a System unit is located so that insofar as practicable the 

30 United States shall exercise concurrent legislative jurisdiction within System 

31 units. 

32 § 100755. Applicability of other laws 

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

34 101302(b)(2), 101901(c), and 102711 of this title, and the various authori35 ties relating to the administration and protection of System units, including 

36 the provisions of law listed in subsection (b), shall, to the extent that those 

37 provisions are not in conflict with any such specific provision, be applicable 

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

39 unit does not limit those provisions to that System unit. 

40 (b) APPLICABLE PROVISIONS.—The provisions of law referred to in sub41 section (a) are— 

23 

•HR 1950 EH 

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

2 100753, 101101, 101102, 101511, 102101, 102712, 102901, 104905, 

3 and 104906, and chapter 2003 of this title; 

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

5 (3) chapter 3201 of this title. 

6 Chapter 1009—Administration 

Sec. 

100901. Authority of Secretary to carry out certain activities. 

100902. Rights of way for public utilities and power and communication facilities. 

100903. Solid waste disposal operations. 

100904. Admission and special recreation use fees. 

100905. Commercial filming. 

100906. Advisory committees. 

7 § 100901. Authority of Secretary to carry out certain activi8 ties 

9 (a) IN GENERAL.—To facilitate the administration of the System, the 

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

11 advisable, may carry out the activities described in this section. 

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

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

14 or political subdivisions of States, of services, resources, or water available 

15 within a System unit, as long as the activity does not jeopardize or unduly 

16 interfere with the primary natural or historic resource of the System unit, 

17 if the person, State, or political subdivision— 

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

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

20 (2) demonstrates to the Secretary that there are no reasonable alter21 natives by which to acquire or perform the necessary services, re22 sources, or water. 

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

24 have installed, air conditioning units for any Government-owned passenger 

25 motor vehicles used by the Service, where assigned duties necessitate long 

26 periods in automobiles or in regions of the United States where high tem27 peratures and humidity are common and prolonged. 

28 (d) UTILITY FACILITIES.—The Secretary may erect and maintain fire 

29 protection facilities, water lines, telephone lines, electric lines, and other 

30 utility facilities adjacent to any System unit, where necessary, to provide 

31 service in the System unit. 

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

33 on a reimbursement of appropriation basis, supplies, and rent equipment, 

34 to persons and agencies that, in cooperation with and subject to the ap35 proval of the Secretary, render services or perform functions that facilitate 

36 or supplement the activities of the Department of the Interior in the adminVerDate Nov 24 2008 11:59 Aug 02, 2012 Jkt 000000 PO 00000 Frm 00023 Fmt 6652 Sfmt 6221 Z:\ENGROSS\H1950.EH CLERK
24 

•HR 1950 EH 

1 istration of the System. The reimbursements may be credited to the appro2 priation current at the time reimbursements are received. 

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

4 under terms and conditions that the Secretary considers to be in the inter5 est of the Federal Government, for the sale, operation, maintenance, repair, 

6 or relocation of Government-owned electric and telephone lines and other 

7 utility facilities used for the administration and protection of the System, 

8 regardless of whether the lines and facilities are located within or outside 

9 the System. 

10 (g) RIGHTS OF WAY NECESSARY TO CONSTRUCT, IMPROVE, AND MAIN11 TAIN ROADS.—The Secretary may acquire— 

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

13 roads within the authorized boundaries of any System unit; and 

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

15 (A) considered necessary by the Secretary— 

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

17 (ii) to avoid traffic and other hazards resulting from pri18 vate road access connections; or 

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

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

21 public interest. 

22 (h) OPERATION AND MAINTENANCE OF MOTOR AND OTHER EQUIP23 MENT.— 

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

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

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

27 other appropriations, or on work of other Federal agencies, when re28 quested by the agencies. 

29 (2) REIMBURSEMENT.—Reimbursement shall be— 

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

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

32 based on actual or estimated cost of operation, repair, mainte33 nance, depreciation, and equipment management control; and 

34 (B) credited to appropriations currently available at the time 

35 adjustment is effected. 

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

37 Secretary may rent equipment for fire control purposes to State, coun38 ty, private, or other non-Federal agencies that cooperate with the Sec39 retary in the administration of the System and other areas in fire con40 trol. The rental shall be under the terms of written cooperative agreeVerDate Nov 24 2008 11:59 Aug 02, 2012 Jkt 000000 PO 00000 Frm 00024 Fmt 6652 Sfmt 6221 Z:\ENGROSS\H1950.EH CLERK
25 

•HR 1950 EH 

1 ments. The amount collected for the rentals shall be credited to appro2 priations currently available at the time payment is received. 

3 § 100902. Rights of way for public utilities and power and 

4 communication facilities 

5 (a) PUBLIC UTILITIES.— 

6 (1) IN GENERAL.—Under regulations the Secretary prescribes, the 

7 Secretary may grant a right of way through a System unit to a citizen, 

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

9 right of way for— 

10 (A) electrical plants, poles, and lines for the generation and dis11 tribution of electrical power; 

12 (B) telephone and telegraph purposes; and 

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

14 other water conduits and water plants, dams, and reservoirs used 

15 to promote irrigation or mining or quarrying, or the manufac16 turing or cutting of timber or lumber, or the supplying of water 

17 for domestic, public, or any other beneficial uses. 

18 (2) EXTENT OF RIGHT OF WAY.—A right of way under this sub19 section shall be for— 

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

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

22 other works permitted under paragraph (1); and 

23 (B) not more than 50 feet— 

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

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

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

27 (3) APPROVAL.—A right of way under this subsection shall be al28 lowed within or through a System unit only on the approval of the Sec29 retary and on a finding that the right of way is not incompatible with 

30 the public interest. 

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

32 this subsection. 

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

34 way under this subsection does not confer any right, easement, or in35 terest in, to, or over a System unit. 

36 (b) POWER AND COMMUNICATION FACILITIES.— 

37 (1) IN GENERAL.—Under regulations the Secretary prescribes, the 

38 Secretary may grant a right of way over, across, and on through a Sys39 tem unit to a citizen, association, or corporation of the United States 

40 that intends to use the right of way for— 

26 

•HR 1950 EH 

1 (A) electrical poles and lines for the transmission and distribu2 tion of electrical power; 

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

4 (C) radio, television, and other forms of communication trans5 mitting, relay, and receiving structures and facilities. 

6 (2) EXTENT OF RIGHT OF WAY.—A right of way under this sub7 section— 

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

9 of way is granted; and 

10 (B) for— 

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

12 center line of the lines and poles; and 

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

14 transmitting, relay, and receiving structures and facilities 

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

16 (3) APPROVAL.—A right of way under this subsection shall be al17 lowed within or through a System unit only on the approval of the Sec18 retary and on a finding that the right of way is not incompatible with 

19 the public interest. 

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

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

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

23 (B) abandonment. 

24 § 100903. Solid waste disposal operations 

25 (a) IN GENERAL—To protect the air, land, water, and natural and cul26 tural values of the System and the property of the United States in the Sys27 tem, no solid waste disposal site (including any site for the disposal of do28 mestic or industrial solid waste) may be operated within the boundary of 

29 any System unit, other than— 

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

31 (2) a site used only for disposal of waste generated within that Sys32 tem unit so long as the site will not degrade any of the natural or cul33 tural resources of the System unit. 

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

35 out this section, including reasonable regulations to mitigate the adverse ef36 fects of solid waste disposal sites in operation as of September 1, 1984, on 

37 property of the United States. 

38 § 100904. Admission and special recreation use fees 

39 (a) SYSTEM UNITS AT WHICH ENTRANCE FEES OR ADMISSIONS FEES

40 CANNOT BE COLLECTED.— 

27 

•HR 1950 EH 

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

2 the Department of the Interior and Related Agencies Appropriations 

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

4 withhold from the special account under section 807(a) of the Federal 

5 Lands Recreation Enhancement Act (16 U.S.C. 6806(a)) 100 percent 

6 of the fees and charges collected in connection with any System unit 

7 at which entrance fees or admission fees cannot be collected by reason 

8 of deed restrictions. 

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

10 be retained by the Secretary and shall be available, without further ap11 propriation, for expenditure by the Secretary for the System unit with 

12 respect to which the amounts were collected for the purposes of en13 hancing the quality of the visitor experience, protection of resources, 

14 repair and maintenance, interpretation, signage, habitat or facility en15 hancement, resource preservation, annual operation (including fee col16 lection), maintenance, and law enforcement. 

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

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

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

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

21 manner to be determined by the Director. 

22 (2) ALLOCATION OF FUNDS BASED ON EXPENSES AND BASED ON

23 FEES COLLECTED.— 

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

25 to the Director under subsection (a) in each fiscal year shall be 

26 allocated among System units in accordance with subparagraph 

27 (B) of this subsection and 50 percent shall be allocated in accord28 ance with subparagraph (C). 

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

30 to each System unit under this paragraph for each fiscal year 

31 based on expenses shall be a fraction of the total allocation to all 

32 System units under this paragraph. The fraction for each System 

33 unit shall be determined by dividing the operating expenses at that 

34 System unit during the prior fiscal year by the total operating ex35 penses at all System units during the prior fiscal year. 

36 (C) ALLOCATION BASED ON FEES COLLECTED.—The amount 

37 allocated to each System unit under this paragraph for each fiscal 

38 year based on fees collected shall be a fraction of the total alloca39 tion to all System units under this paragraph. The fraction for 

40 each System unit shall be determined by dividing the user fees and 

41 admission fees collected under this section at that System unit 

28 

•HR 1950 EH 

1 during the prior fiscal year by the total of user fees and admission 

2 fees collected under this section at all System units during the 

3 prior fiscal year. 

4 (3) AVAILABILITY OF AMOUNTS.—Amounts allocated under this sub5 section to any System unit for any fiscal year and not expended in that 

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

7 until expended. 

8 (c) SELLING OF PERMITS.— 

9 (1) AUTHORITY TO SELL PERMITS.—When authorized by the Sec10 retary, volunteers at System units may sell permits and collect fees au11 thorized or established pursuant to this section. The Secretary shall en12 sure that the volunteers have adequate training regarding— 

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

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

15 they are assigned; and 

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

17 System unit. 

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

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

20 Funds available to the Service may be used to cover the cost of the 

21 surety bond. The Secretary may enter into arrangements with qualified 

22 public or private entities pursuant to which the entities may sell (with23 out cost to the United States) annual admission permits (including 

24 Golden Eagle Passports) at any appropriate location. The arrange25 ments shall require each such entity to reimburse the United States for 

26 the full amount to be received from the sale of the permits at or before 

27 the Secretary delivers the permits to the entity for sale. 

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

29 SYSTEM UNITS.— 

30 (1) CHARGE WHEN TRANSPORTATION PROVIDED.—Where the Serv31 ice provides transportation to view all or a portion of any System unit, 

32 the Director may impose a charge for the service in lieu of an admis33 sion fee under this section. 

34 (2) RETENTION OF CHARGE AND USE OF RETAINED AMOUNT.—Not35 withstanding any other provision of law, half of the charges imposed 

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

37 service was provided. The remainder shall be deposited in the same 

38 manner as receipts from fees collected pursuant to this section. Fifty 

39 percent of the amount retained shall be expended only for maintenance 

40 of transportation systems at the System unit where the charge was im41 posed. The remaining 50 percent of the retained amount shall be exVerDate Nov 24 2008 11:59 Aug 02, 2012 Jkt 000000 PO 00000 Frm 00028 Fmt 6652 Sfmt 6221 Z:\ENGROSS\H1950.EH CLERK
29 

•HR 1950 EH 

1 pended only for activities related to resource protection at those System 

2 units. 

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

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

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

6 the concessioner for access to the System unit and the admission fee does 

7 not exceed the maximum amount of the admission fee thate could otherwise 

8 be imposed. 

9 (f) COMMERCIAL TOUR USE FEES.— 

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

11 admission fee is charged under this section, the Secretary shall estab12 lish a commercial tour use fee to be imposed on each vehicle entering 

13 the System unit for the purpose of providing commercial tour services 

14 within the System unit. 

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

16 entry as follows: 

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

18 25 individuals or less. 

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

20 than 25 individuals. 

21 (3) ADJUSTMENTS.—The Secretary may periodically make reason22 able adjustments to the commercial tour use fee imposed under this 

23 subsection. 

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

25 under this subsection shall not apply to the following: 

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

27 conducted for educational purposes by schools or other bona fide 

28 educational institutions. 

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

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

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

32 the airspace of— 

33 (A) Haleakala ̄ Crater, Crater Cabins, the Scientific Research 

34 Reserve, Halemauu Trail, Kaupo Gap Trail, or any designated 

35 tourist viewpoint in Haleakala ̄ National Park or of Grand Canyon 

36 National Park; or 

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

38 commercial tour services if the Secretary determines that the level 

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

40 units specified in subparagraph (A). 

30 

•HR 1950 EH 

1 § 100905. Commercial filming 

2 (a) COMMERCIAL FILMING FEE.— 

3 (1) IN GENERAL.—The Secretary shall require a permit and shall es4 tablish a reasonable fee for commercial filming activities or similar 

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

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

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

8 takes place in the System unit. 

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

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

11 unit. 

12 (2) OTHER FACTORS.—The Secretary may include other factors in 

13 determining an appropriate fee as the Secretary considers necessary. 

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

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

16 and personnel costs. All costs recovered shall be in addition to the fee as17 sessed in subsection (a). 

18 (c) STILL PHOTOGRAPHY.— 

19 (1) IN GENERAL.—Except as provided in paragraph (2), the Sec20 retary shall not require a permit or assess a fee for still photography 

21 in a System unit if the photography takes place where members of the 

22 public are generally allowed. The Secretary may require a permit, as23 sess a fee, or both, if the photography takes place at other locations 

24 where members of the public are generally not allowed, or where addi25 tional administrative costs are likely. 

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

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

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

29 facilities. 

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

31 filming, still photography or other related activity if the Secretary deter32 mines that— 

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

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

35 and enjoyment of the site; or 

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

37 (e) USE OF PROCEEDS.— 

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

39 expenditure by the Secretary, without further appropriation and shall 

40 remain available until expended. 

31 

•HR 1950 EH 

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

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

3 site where the costs are collected and shall remain available until ex4 pended. 

5 (f) PROCESSING OF PERMIT APPLICATIONS.—The Secretary shall estab6 lish a process to ensure that the Secretary responds in a timely manner to 

7 permit applicants for commercial filming, still photography, or other activ8 ity. 

9 § 100906. Advisory committees 

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

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

12 advisable, may appoint and establish advisory committees in regard to the 

13 functions of the Service as the Secretary considers advisable. 

14 (b) CHARTER EXCEPTION ON RENEWAL.—Section 14(b) of the Federal 

15 Advisory Committee Act (5 U.S.C. App.) is waived with respect to any advi16 sory commission or advisory committee established by law in connection 

17 with any System unit during the period for which the commission or com18 mittee is authorized by law. 

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

20 advisory committee established in connection with any System unit may 

21 serve after the expiration of the member’s term until a successor is ap22 pointed. 

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

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

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

26 authorized by section 5703 of title 5. 

27 Chapter 1011—Donations 

Subchapter I—Authority of Secretary 

Sec. 

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

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

Subchapter II—National Park Foundation 

101111. Purpose and establishment of Foundation. 

101112. Board. 

101113. Gifts, devises, or bequests. 

101114. Dispostion of property or income. 

101115. Corporate succession and powers and duties acting as trustee; personal liability for 

malfeasance. 

101116. Corporate powers. 

101117. Authority of Board. 

101118. Tax exemptions; contributions toward costs of local government; contributions, gifts, 

or transfers to or for use of United States. 

101119. Liability of United States. 

101120. Promotion of local fundraising support. 

32 

•HR 1950 EH 

1 Subchapter I—Authority of Secretary 

2 § 101101. Authority to accept land, rights-of-way, buildings, 

3 other property, and money 

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

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

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

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

8 § 101102. Authority to accept and use funds to consolidate 

9 Federal land ownership 

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

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

12 Federal land ownership within the existing boundaries of any System 

13 unit; and 

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

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

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

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

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

19 appropriated for each fiscal year not more than $500,000 to match funds 

20 that are donated for those purposes. 

21 Subchapter II—National Park Foundation 

22 § 101111. Purpose and establishment of Foundation 

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

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

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

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

27 or recreational resources for future generations of Americans, there is estab28 lished a charitable and nonprofit corporation to be known as the National 

29 Park Foundation to accept and administer those gifts. 

30 § 101112. Board 

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

32 Board having as members the Secretary, the Director, and no fewer than 

33 6 private citizens of the United States appointed by the Secretary. 

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

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

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

37 only for the remainder of that term. 

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

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

33 

•HR 1950 EH 

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

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

3 States. 

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

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

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

7 which shall be judicially noticed. 

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

9 there shall be at least one meeting each year. 

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

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

12 shall be reimbursed for actual and necessary traveling and subsistence ex13 penses incurred by them in the performance of their duties as members out 

14 of National Park Foundation funds available to the Board for those pur15 poses. 

16 § 101113. Gifts, devises, or bequests 

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

18 (1) IN GENERAL.—The National Park Foundation may accept, re19 ceive, solicit, hold, administer, and use any gifts, devises, or bequests, 

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

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

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

23 (2) GIFT, DEVISE, OR BEQUEST THAT IS ENCUMBERED, RE24 STRICTED, OR SUBJECT TO BENEFICIAL INTERESTS.—A gift, devise, or 

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

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

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

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

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

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

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

32 (c) INTEREST IN REAL PROPERTY.—For purposes of this section, an in33 terest in real property includes easements or other rights for preservation, 

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

35 scenic, historic, scientific, educational, inspirational, or recreational re36 sources. 

37 § 101114. Disposition of property or income 

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

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

40 Park Foundation may sell, lease, invest, reinvest, retain, or otherwise disVerDate Nov 24 2008 11:59 Aug 02, 2012 Jkt 000000 PO 00000 Frm 00033 Fmt 6652 Sfmt 6221 Z:\ENGROSS\H1950.EH CLERK
34 

•HR 1950 EH 

1 pose of or deal with any property or income from the property as the Board 

2 may determine. 

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

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

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

6 make any investment authorized by the instrument of transfer, and may re7 tain any property accepted by the Foundation. 

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

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

10 services and facilities of the Department of the Interior and the Department 

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

12 to the extent practicable with or without reimbursement. Amounts reim13 bursed to either Department shall be returned by the Department to the 

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

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

16 for which the account is authorized. 

17 § 101115. Corporate succession and powers and duties act18 ing as trustee; personal liability for malfeasance 

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

20 perpetual succession. 

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

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

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

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

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

26 § 101116. Corporate powers 

27 The National Park Foundation shall have the power to enter into con28 tracts, to execute instruments, and generally to do any and all lawful acts 

29 necessary or appropriate to its purposes. 

30 § 101117. Authority of Board 

31 In carrying out this chapter, the Board may— 

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

33 its functions; and 

34 (2) contract for any necessary services. 

35 § 101118. Tax exemptions; contributions toward costs of 

36 local government; contributions, gifts, or transfers 

37 to or for use of United States 

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

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

40 income or property, shall be exempt from all Federal, State, and local tax41 ation. 

35 

•HR 1950 EH 

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

2 may— 

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

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

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

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

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

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

9 of the transfer. 

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

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

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

13 to or for the use of the United States. 

14 § 101119. Liability of United States 

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

16 omissions of the National Park Foundation. 

17 § 101120. Promotion of local fundraising support 

18 (a) PROGRAM.—The National Park Foundation shall design and imple19 ment a comprehensive program to assist and promote philanthropic pro20 grams of support at the individual System unit level. 

21 (b) IMPLEMENTATION.—The program under subsection (a) shall be im22 plemented to— 

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

24 and 

25 (2) provide support, national consistency, and management-improv26 ing suggestions for local nonprofit support organizations. 

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

28 (1) shall include the greatest number of System units as is prac29 ticable; and 

30 (2) at a minimum shall include— 

31 (A) a standard adaptable organizational design format to estab32 lish and sustain responsible management of a local nonprofit sup33 port organization for support of a System unit; 

34 (B) standard and legally tenable bylaws and recommended 

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

36 to individual System units; and 

37 (C) a standard training curriculum to orient and expand the op38 erating expertise of personnel employed by local nonprofit support 

39 organizations. 

36 

•HR 1950 EH 

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

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

3 Foundation. 

4 (e) AFFILIATIONS.— 

5 (1) CHARTER OR CORPORATE BYLAWS.—Nothing in this section re6 quires— 

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

8 current practices or to affiliate with the National Park Founda9 tion; or 

10 (B) a local nonprofit support organization, established as a re11 sult of this section, to be bound through its charter or corporate 

12 bylaws to be permanently affiliated with the National Park Foun13 dation. 

14 (2) ESTABLISHMENT.—An affiliation with the National Park Foun15 dation shall be established only at the discretion of the governing board 

16 of a nonprofit organization. 

17 Chapter 1013—Employees 

Subchapter I—General Provisions 

Sec. 

101301. Maintenance management system. 

101302. Authority of Secretary to carry out certain activities. 

101303. Medical attention for employees. 

101304. Personal equipment and property. 

101305. Travel expenses of System employees and dependents of deceased employees. 

Subchapter II—Service Career Development, Training, and Management 

101321. Service employee training. 

101322. Management development and training. 

Subchapter III—Housing Improvement 

101331. Definitions. 

101332. General authority of Secretary. 

101333. Criteria for providing housing. 

101334. Authorization for housing agreements. 

101335. Housing programs. 

101336. Contracts for the management of field employee quarters. 

101337. Leasing of seasonal employee quarters. 

101338. General leasing provisions. 

101339. Assessment and priority listing. 

101340. Use of funds. 

18 Subchapter I—General Provisions 

19 § 101301. Maintenance management system 

20 The Service shall implement a maintenance management system in the 

21 maintenance and operations programs of the System. The system shall in22 clude the following elements: 

23 (1) A workload inventory of assets including detailed information 

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

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

26 type of maintenance work performed. 

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

28 in each System unit. 

37 

•HR 1950 EH 

1 (3) A description of work standards including— 

2 (A) frequency of maintenance; 

3 (B) measurable quality standard to which assets should be 

4 maintained; 

5 (C) methods for accomplishing work; 

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

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

8 (4) A work program and performance budget that develops an an9 nual work plan identifying maintenance needs and financial resources 

10 to be devoted to each maintenance task. 

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

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

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

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

15 costs. 

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

17 accomplishments and costs and that can be used to evaluate mainte18 nance operations. 

19 § 101302. Authority of Secretary to carry out certain activi20 ties 

21 (a) IN GENERAL.—To facilitate the administration of the System, the 

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

23 advisable, may carry out the activities described in this section. 

24 (b) TRANSPORTATION.—The Secretary may provide transportation of em25 ployees located at an isolated area of the System and to members of their 

26 families, if— 

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

28 and 

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

30 (c) RECREATION FACILITIES, EQUIPMENT, AND SERVICES.—The Sec31 retary may provide recreation facilities, equipment, and services for use by 

32 employees and their families located at an isolated area of the System. 

33 (d) FIELD AND SPECIAL PURPOSE EQUIPMENT.—The Secretary may 

34 purchase field and special purpose equipment required by employees for the 

35 performance of assigned functions. The purchased equipment shall be re36 garded and listed as System equipment. 

37 (e) MEALS AND LODGING.—The Secretary may provide meals and lodg38 ing, as the Secretary considers appropriate, for members of the United 

39 States Park Police and other employees of the Service, as the Secretary may 

40 designate, serving temporarily on extended special duty in System units. For 

38 

•HR 1950 EH 

1 this purpose the Secretary may use funds appropriated for the expenses of 

2 the Department of the Interior. 

3 § 101303. Medical attention for employees 

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

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

6 necessary payroll deductions agreed to by the employees for that medical at7 tention and service. 

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

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

10 System units, medical attention for employees of the Service located at iso11 lated situations, including— 

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

13 assistance is available; and 

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

15 the nearest place where they can be prepared for shipment or for bur16 ial. 

17 § 101304. Personal equipment and property 

18 (a) PURCHASE OF PERSONAL EQUIPMENT AND SUPPLIES.—The Sec19 retary may purchase personal equipment and supplies for employees of the 

20 Service and make deductions for the equipment and supplies from amounts 

21 appropriated for salary payments or otherwise due the employees. 

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

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

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

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

26 authorization, contract, or loan, for necessary firefighting, trail, or other of27 ficial business. Reimbursement shall be made from any available funds in 

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

29 chargeable. 

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

31 The Secretary may— 

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

33 and other vehicles, and miscellaneous equipment necessary for the per34 formance of their official work; and 

35 (2) provide, at Federal Government expense, forage, care, and hous36 ing for animals, and housing or storage and fuel for vehicles and other 

37 equipment required to be furnished. 

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

39 under regulations the Secretary may prescribe, may authorize the hire, rent40 al, or purchase of property from employees of the Service whenever it would 

41 promote the public interest to do so. 

39 

•HR 1950 EH 

1 § 101305. Travel expenses of System employees and depend2 ents of deceased employees 

3 In the administration of the System, the Secretary may, under regula4 tions the Secretary may prescribe, pay the travel expenses (including the 

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

6 property) of— 

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

8 (2) dependents of deceased employees— 

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

10 standard not less than that which is vacated, including compensa11 tion for not to exceed 60 days rental cost, in the case of an em12 ployee who occupied Federal Government housing and whose death 

13 requires the housing to be promptly vacated; and 

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

15 in the case of an employee whose last permanent station was out16 side the conterminous 48 States. 

17 Subchapter II—Service Career 

18 Development, Training, and Management 

19 § 101321. Service employee training 

20 The Secretary shall develop a comprehensive training program for em21 ployees in all professional careers in the workforce of the Service for the 

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

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

24 the resources of the System. 

25 § 101322. Management development and training 

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

27 development under which career professional Service employees from any 

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

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

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

31 unit. 

32 Subchapter III—Housing Improvement 

33 § 101331. Definitions 

34 In this subchapter: 

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

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

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

38 the employee’s family; and 

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

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

40 

•HR 1950 EH 

1 there is no feasible alternative to the provision of Federal Govern2 ment housing, and the members of the individual’s family. 

3 (2) PRIMARY RESOURCE VALUES.—The term ‘‘primary resource val4 ues’’ means resources that are specifically mentioned in the enabling 

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

6 Federal statute. 

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

8 leased by the Federal Government. 

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

10 quarters typically occupied by field employees who are hired on assign11 ments of 6 months or less. 

12 § 101332. General authority of Secretary 

13 (a) RENTAL HOUSING.—To enhance the ability of the Secretary, acting 

14 through the Director, to effectively manage System units, the Secretary may 

15 where necessary and justified— 

16 (1) make available employee housing, on or off land under the ad17 ministrative jurisdiction of the Service; and 

18 (2) rent that housing to field employees at rates based on the reason19 able value of the housing in accordance with requirements applicable 

20 under section 5911 of title 5. 

21 (b) JOINT DEVELOPMENT AUTHORITY.—The Secretary may use authori22 ties granted by statute in combination with one another in the furtherance 

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

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

25 may not utilize any land for the purposes of providing field employee hous26 ing under this subchapter that will affect a primary resource value of the 

27 area or adversely affect the mission of the Service. 

28 (d) RENTAL RATES.—To the extent practicable, the Secretary shall estab29 lish rental rates for all quarters occupied by field employees of the Service 

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

31 requirements applicable under section 5911 of title 5. 

32 § 101333. Criteria for providing housing 

33 The Secretary shall maintain criteria under which housing is provided to 

34 employees of the Service. The Secretary shall examine the criteria with re35 spect to the circumstances under which the Service requires an employee to 

36 occupy Federal Government quarters, so as to provide necessary services or 

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

38 non-Federal housing in a geographic area. 

39 § 101334. Authorization for housing agreements 

40 The Secretary may, pursuant to the authorities contained in this sub41 chapter and subject to the appropriation of necessary funds in advance, 

41 

•HR 1950 EH 

1 enter into housing agreements with housing entities under which the hous2 ing entities may develop, construct, rehabilitate, or manage housing, located 

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

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

5 § 101335. Housing programs 

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

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

8 necessary funds in advance, the Secretary may lease— 

9 (A) Federal land and interests in land to qualified persons for 

10 the construction of field employee quarters for any period not to 

11 exceed 50 years; and 

12 (B) developed and undeveloped non-Federal land for providing 

13 field employee quarters. 

14 (2) COMPETITIVE LEASING.—Each lease under paragraph (1)(A) 

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

16 bid, or competitively negotiated contracting procedures. 

17 (3) TERMS AND CONDITIONS.—Each lease under paragraph (1)(A)— 

18 (A) shall stipulate whether operation and maintenance of field 

19 employee quarters is to be provided by the lessee, field employees, 

20 or the Federal Government; 

21 (B) shall require that the construction and rehabilitation of field 

22 employee quarters be done in accordance with the requirements of 

23 the Service and local applicable building codes and industry stand24 ards; 

25 (C) shall contain additional terms and conditions as may be ap26 propriate to protect the Federal interest, including limits on rents 

27 that the lessee may charge field employees for the occupancy of 

28 quarters, conditions on maintenance and repairs, and agreements 

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

30 and 

31 (D) may be granted at less than fair market value if the Sec32 retary determines that the lease will improve the quality and avail33 ability of field employee quarters. 

34 (4) CONTRIBUTIONS BY FEDERAL GOVERNMENT.—The Secretary 

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

36 kind, in advance or on a continuing basis, to reduce the costs of plan37 ning, construction, or rehabilitation of quarters on or off Federal land 

38 under a lease under this subsection. 

39 (b) RENTAL GUARANTEE PROGRAM.— 

40 (1) GENERAL AUTHORITY.—Subject to the appropriation of nec41 essary funds in advance, the Secretary may enter into a lease-to-build 

42 

•HR 1950 EH 

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

2 guarantee the occupancy of field employee quarters constructed or re3 habilitated under the lease. A guarantee made under this paragraph 

4 shall be in writing. 

5 (2) LIMITATIONS ON GUARANTEES.— 

6 (A) SPECIFIC GUARANTEES.—The Secretary may not guar7 antee— 

8 (i) the occupancy of more than 75 percent of the units con9 structed or rehabilitated under the lease; and 

10 (ii) at a rental rate that exceeds the rate based on the rea11 sonable value of the housing in accordance with requirements 

12 applicable under section 5911 of title 5. 

13 (B) TOTAL OF OUTSTANDING GUARANTEES.—Outstanding 

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

15 (3) AGREEMENT TO RENT TO FEDERAL GOVERNMENT EMPLOY16 EES.—A guarantee may be made under this subsection only if the les17 see agrees to permit the Secretary to utilize for housing purposes any 

18 units for which the guarantee is made. 

19 (4) OPERATION AND MAINTENANCE.—A lease shall be void if the les20 see fails to maintain a satisfactory level of operation and maintenance. 

21 § 101336. Contracts for the management of field employee 

22 quarters 

23 Subject to the appropriation of necessary funds in advance, the Secretary 

24 may enter into contracts of any duration for the management, repair, and 

25 maintenance of field employee quarters. The contract shall contain terms 

26 and conditions that the Secretary considers necessary or appropriate to pro27 tect the interests of the United States and ensure that necessary quarters 

28 are available to field employees. 

29 § 101337. Leasing of seasonal employee quarters 

30 (a) GENERAL AUTHORITY.—The Secretary may lease quarters at or near 

31 a System unit for use as seasonal quarters for field employees if the Sec32 retary finds that there is a shortage of adequate and affordable seasonal 

33 quarters at or near the System unit and that— 

34 (1) the requirement for the seasonal field employee quarters is tem35 porary; or 

36 (2) leasing would be more cost-effective than construction of new 

37 seasonal field employee quarters. 

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

39 a rate based on the reasonable value of the quarters in accordance with re40 quirements applicable under section 5911 of title 5. 

43 

•HR 1950 EH 

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

2 costs of leasing seasonal quarters under this section from annual appropria3 tions for the year in which the lease is made. 

4 § 101338. General leasing provisions 

5 (a) EXEMPTION FROM LEASING REQUIREMENTS.—Section 102901 of 

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

7 the Secretary under this section. 

8 (b) PROCEEDS FROM LEASES.—The proceeds from any lease under sec9 tion 101335(a)(1) of this title and any lease under section 101337 of this 

10 title shall be retained by the Service and deposited in the special fund estab11 lished for maintenance and operation of quarters. 

12 § 101339. Assessment and priority listing 

13 The Secretary shall— 

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

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

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

17 using existing information; and 

18 (2) develop a Service-wide priority listing, by structure, identifying 

19 the units in greatest need for repair, rehabilitation, replacement, or ini20 tial construction. 

21 § 101340. Use of funds 

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

23 any funds authorized and appropriated for new construction, repair, or re24 habilitation of housing under this chapter shall follow the housing priority 

25 listing established by the Secretary under section 101339 of this title, in 

26 sequential order, to the maximum extent practicable. 

27 (b) NONCONSTRUCTION FUNDS IN ANNUAL BUDGET SUBMITTAL.—Each 

28 fiscal year the President’s proposed budget to Congress shall include identi29 fication of nonconstruction funds to be spent for Service housing mainte30 nance and operations that are in addition to rental receipts collected. 

31 Chapter 1015—Transportation 

Subchapter I—Airports 

Sec. 

101501. Airports in or near System units. 

Subchapter II—Roads and Trails 

101511. Authority of Secretary. 

101512. Conveyance to States of roads leading to certain historical areas. 

Subchapter III—Public Transportation Programs for System Units 

101521. Transportation service and facility programs. 

101522. Transportation projects. 

101523. Procedures applicable to transportation plans and projects. 

101524. Special rule for service contract to provide transportation services. 

Subchapter IV—Fees 

101531. Fee for use of transportation services. 

44 

•HR 1950 EH 

1 Subchapter I—Airports 

2 § 101501. Airports in or near System units 

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

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

5 the terms in section 47102 of title 49. 

6 (b) ACQUISITION, OPERATION, AND MAINTENANCE OF AIRPORTS.— 

7 (1) AUTHORIZATION.—The Secretary may plan, acquire, establish, 

8 construct, enlarge, improve, maintain, equip, operate, regulate, and 

9 protect airports in the continental United States in, or in close prox10 imity to, System units, when the Secretary determines that the airports 

11 are necessary to the proper performance of the functions of the Depart12 ment of the Interior. 

13 (2) INCLUSION IN NATIONAL PLAN.—The Secretary shall not ac14 quire, establish, or construct an airport under this section unless the 

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

16 formulated by the Secretary of Transportation pursuant to section 

17 47103 of title 49. 

18 (3) OPERATION AND MAINTENANCE MUST ACCORD WITH STANDARDS

19 AND REGULATIONS OF SECRETARY OF TRANSPORTATION.—The oper20 ation and maintenance of airports under this section shall be in accord21 ance with the standards and regulations prescribed by the Secretary of 

22 Transportation. 

23 (c) AUTHORITY OF SECRETARY.— 

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

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

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

27 maintenance of airports and incidental facilities; 

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

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

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

31 mutually satisfactory terms; and 

32 (D) enter into other agreements and take other action with re33 spect to the airports as may be necessary to carry out this section. 

34 (2) CONSENT REQUIRED.—This section does not authorize the Sec35 retary to acquire any land, or interest in or over land, by purchase, 

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

37 the Governor of the State, and the consent of the chief executive offi38 cial of the State political subdivision, in which the land is located. 

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

40 this section, the Secretary may— 

45 

•HR 1950 EH 

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

2 independently or jointly with other public agencies; and 

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

4 those projects, any funds that may be— 

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

6 those purposes; or 

7 (B) appropriated or otherwise specifically authorized for that 

8 purpose. 

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

10 of the Secretary, unless otherwise specifically provided by law, shall be oper11 ated as public airports, available for public use on fair and reasonable terms 

12 and without unjust discrimination. 

13 Subchapter II—Roads and Trails 

14 § 101511. Authority of Secretary 

15 (a) ROADS AND TRAILS IN SYSTEM UNITS.—The Secretary may con16 struct, reconstruct, and improve roads and trails, including bridges, in Sys17 tem units. 

18 (b) APPROACH ROADS.— 

19 (1) IN GENERAL.— 

20 (A) DESIGNATION.—When the Secretary determines it to be in 

21 the public interest, the Secretary may designate, as System unit 

22 approach roads, roads whose primary value is to carry System unit 

23 travel and that lead across land at least 90 percent owned by the 

24 Federal Government and that will connect the highways within a 

25 System unit with a convenient point on or leading to the National 

26 Highway System. 

27 (B) LIMIT ON LENGTH OF APPROACH ROADS.— 

28 (i) IN GENERAL.—A designated approach road shall not ex29 ceed— 

30 (I) 60 miles in length between a System unit gateway 

31 and a point on or leading to the nearest convenient Na32 tional Highway System road; or 

33 (II) 30 miles in length if the approach road is on the 

34 National Highway System. 

35 (ii) COUNTY LIMIT.—Not to exceed 40 miles of any one ap36 proach road shall be designated in any one county. 

37 (C) SUPPLEMENTARY PART OF SYSTEM UNIT HIGHWAY SYS38 TEM.—An approach road designated for a System unit shall be 

39 treated as a supplementary part of the highway system of the Sys40 tem unit. 

41 (2) CONSTRUCTION, RECONSTRUCTION, AND IMPROVEMENT.— 

46 

•HR 1950 EH 

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

2 and improve approach roads designated under paragraph (1) (in3 cluding bridges) and enter into agreements for the maintenance of 

4 the approach roads by State or county authorities or to maintain 

5 the approach roads when otherwise necessary. 

6 (B) ANNUAL ALLOCATION.—Not more than $1,500,000 shall be 

7 allocated annually for the construction, reconstruction, and im8 provement of System unit approach roads. 

9 (3) APPROVAL OF SECRETARY OF AGRICULTURE REQUIRED.—When 

10 an approach road is proposed under this section across or within any 

11 national forest, the Secretary shall secure the approval of the Secretary 

12 of Agriculture before construction begins. 

13 (c) AGREEMENT WITH SECRETARY OF TRANSPORTATION.—Under agree14 ment with the Secretary, the Secretary of Transportation may carry out any 

15 provision of this section. 

16 § 101512. Conveyance to States of roads leading to certain 

17 historical areas 

18 (a) DEFINITION.—In this section, the term ‘‘State’’ means a State, Puer19 to Rico, Guam, and the Virgin Islands. 

20 (b) AUTHORITY OF SECRETARY.—The Secretary may, subject to condi21 tions as seem proper to the Secretary, convey by proper quitclaim deed to 

22 any State, county, municipality, or agency of a State, county, or munici23 pality in which the road is located, all right, title, and interest of the United 

24 States in and to any Federal Government owned or controlled road leading 

25 to any national cemetery, national military park, national historical park, 

26 national battlefield park, or national historic site administered by the Serv27 ice. 

28 (c) NOTIFICATION BY STATE, AGENCY, OR MUNICIPALITY.—Prior to the 

29 delivery of any conveyance of a road under this section, the State, county, 

30 or municipality to which the conveyance is to be made shall notify the Sec31 retary in writing of its willingness to accept and maintain the road. 

32 (d) TRANSFER OF JURISDICTION.—On the execution and delivery of the 

33 conveyance of a road under this section, any jurisdiction previously ceded 

34 to the United States by a State over the road is retroceded and shall vest 

35 in the State in which the road is located. 

36 Subchapter III—Public Transportation 

37 Programs for System Units 

38 § 101521. Transportation service and facility programs 

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

40 The Secretary may formulate transportation plans and implement transpor41 tation projects where feasible pursuant to those plans for System units. 

47 

•HR 1950 EH 

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

2 ACCESS TO SYSTEM UNITS.— 

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

4 Secretary may— 

5 (A) contract with public or private agencies or carriers to pro6 vide transportation services, capital equipment, or facilities to im7 prove access to System units; 

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

9 adequate agencies or carriers; 

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

11 for those services; and 

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

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

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

15 a System unit. 

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

17 (A) ADMINISTRATION.—The acquired property shall be adminis18 tered as part of the System unit. 

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

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

21 owned by a State or any of its political subdivisions may be ac22 quired only by donation. 

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

24 land acquisition shall be subject to any statutory limitations on 

25 methods of acquisition and appropriations as may be specifically 

26 applicable to the area. 

27 (c) ESTABLISHMENT OF INFORMATION PROGRAMS.—The Secretary shall 

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

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

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

31 units. 

32 (d) UNDERTAKING TRANSPORTATION FACILITIES AND SERVICES.— 

33 Transportation facilities and services provided pursuant to this subchapter 

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

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

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

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

38 commission or other body having authority to issue certificates of conven39 ience and necessity. A contractor shall be subject to applicable requirements 

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

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

48 

•HR 1950 EH 

1 (e) CONSTRUCTION OF GRANT OF AUTHORITY RESPECTING OPERATION

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

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

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

5 § 101522. Transportation projects 

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

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

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

9 Urban Development, the Secretary of Health and Human Services, the Sec10 retary of Commerce, and the heads of other Federal departments or agen11 cies that the Secretary considers necessary shall assist the Secretary in the 

12 formulation and implementation of transportation projects. 

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

14 maintain a compilation of Federal statutes and programs providing author15 ity for the planning, funding, or operation of transportation projects that 

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

17 § 101523. Procedures applicable to transportation plans and 

18 projects 

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

20 formulation of any transportation plan authorized pursuant to section 

21 101521 of this title— 

22 (1) give public notice of intention to formulate the plan by publica23 tion in the Federal Register and in a newspaper or periodical having 

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

25 (2) following the notice, hold a public meeting at a location conven26 ient to the affected System unit. 

27 (b) PRIOR TO IMPLEMENTATION OF PROJECT.—Prior to the implementa28 tion of any project developed pursuant to the transportation plan formulated 

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

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

31 local governments and the public adequate notice and an opportunity 

32 to comment on the proposed transportation project; and 

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

34 of $100,000 in any fiscal year, submit a detailed report to the Com35 mittee on Energy and Natural Resources of the Senate and the Com36 mittee on Natural Resources of the House of Representatives. 

37 (c) WAITING PERIOD.—When a report on a project is required under sub38 section (b)(2), the Secretary may proceed with the implementation of the 

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

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

41 elapsed following submission of the report. 

49 

•HR 1950 EH 

1 § 101524. Special rule for service contract to provide trans2 portation services 

3 Notwithstanding any other provision of law, a service contract entered 

4 into by the Secretary for the provision solely of transportation services in 

5 a System unit shall be not more than 10 years in length, including a base 

6 period of 5 years and annual extensions for up to an additional 5 years 

7 based on satisfactory performance and approval by the Secretary. 

8 Subchapter IV—Fees 

9 § 101531. Fee for use of transportation services 

10 Notwithstanding any other provision of law, where the Service or an enti11 ty under a service contract, cooperative agreement, or other contractual 

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

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

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

15 admission fee required to be paid. Collection of the transportation and ad16 mission fees may occur at the transportation staging area or any other rea17 sonably convenient location determined by the Secretary. The Secretary may 

18 enter into agreements, with public or private entities that qualify to the Sec19 retary’s satisfaction, to collect the transportation and admission fee. Trans20 portation fees collected pursuant to this section shall be retained by the Sys21 tem unit at which the transportation fee was collected, and the amount re22 tained shall be expended only for costs associated with the transportation 

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

24 Chapter 1017—Financial Agreements 

Sec. 

101701. Challenge cost-share agreement authority. 

101702. Cooperative agreements. 

101703. Cooperative management agreements. 

101704. Reimbursable agreements. 

25 § 101701. Challenge cost-share agreement authority 

26 (a) DEFINITIONS.—In this section: 

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

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

29 Secretary and any cooperator for the purpose of sharing costs or serv30 ices in carrying out authorized functions and responsibilities of the Sec31 retary with respect to any System unit or System program, any affili32 ated area, or any designated national scenic trail or national historic 

33 trail. 

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

35 government, public or private agency, organization, institution, corpora36 tion, individual, or other entity. 

50 

•HR 1950 EH 

1 (b) AUTHORITY TO ENTER INTO CHALLENGE COST-SHARE AGREE2 MENTS.—The Secretary may negotiate and enter into challenge cost-share 

3 agreements with cooperators. 

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

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

6 funds available to the Service. 

7 § 101702. Cooperative agreements 

8 (a) TRANSFER OF SERVICE APPROPRIATED FUNDS.—A cooperative 

9 agreement entered into by the Secretary that involves the transfer of Service 

10 appropriated funds to a State, local, or tribal government or other public 

11 entity, an educational institution, or a private nonprofit organization to 

12 carry out public purposes of a Service program is a cooperative agreement 

13 properly entered into under section 6305 of title 31. 

14 (b) COOPERATIVE RESEARCH AND TRAINING PROGRAMS.— 

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

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

17 consider advisable, may— 

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

19 educational institutions, States, and political subdivisions of States 

20 to develop adequate, coordinated, cooperative research and train21 ing programs concerning the resources of the System; and 

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

23 to the cooperator technical and support staff, financial assistance 

24 for mutually agreed upon research projects, supplies and equip25 ment, facilities, and administrative services relating to cooperative 

26 research units that the Secretary considers appropriate. 

27 (2) EFFECT OF SUBSECTION.—This subsection does not waive any 

28 requirements for research projects that are subject to Federal procure29 ment regulations. 

30 (c) SALE OF PRODUCTS AND SERVICES PRODUCED IN THE CONDUCT OF

31 LIVING EXHIBITS AND INTERPRETIVE DEMONSTRATIONS.—To facilitate the 

32 administration of the System, the Secretary, under such terms and condi33 tions as the Secretary considers advisable, may— 

34 (1) sell at fair market value, without regard to the requirements of 

35 chapters 1 to 11 of title 40 and division C (except sections 3302, 

36 3307(e), 3501(b), 3509, 3906, 4710, and 4711) of subtitle I of title 

37 41, products and services produced in the conduct of living exhibits and 

38 interpretive demonstrations in System units; 

39 (2) enter into contracts, including cooperative arrangements, with re40 spect to living exhibits and interpretive demonstrations in System 

41 units; and 

51 

•HR 1950 EH 

1 (3) credit the proceeds from those sales and contracts to the appro2 priation bearing the cost of the exhibits and demonstrations. 

3 (d) COOPERATIVE AGREEMENTS FOR SYSTEM UNIT NATURAL RESOURCE

4 PROTECTION.— 

5 (1) IN GENERAL.—The Secretary may enter into cooperative agree6 ments with State, local, or tribal governments, other Federal agencies, 

7 other public entities, educational institutions, private nonprofit organi8 zations, or participating private landowners for the purpose of pro9 tecting natural resources of System units through collaborative efforts 

10 on land inside and outside the System units. 

11 (2) TERMS AND CONDITIONS.—A cooperative agreement entered into 

12 under paragraph (1) shall provide clear and direct benefits to System 

13 unit natural resources and— 

14 (A) provide for— 

15 (i) the preservation, conservation, and restoration of coastal 

16 and riparian systems, watersheds, and wetlands; 

17 (ii) preventing, controlling, or eradicating invasive exotic 

18 species that are within a System unit or adjacent to a System 

19 unit; or 

20 (iii) restoration of natural resources, including native wild21 life habitat or ecosystems; 

22 (B) include a statement of purpose demonstrating how the 

23 agreement will— 

24 (i) enhance science-based natural resource stewardship at 

25 the System unit; and 

26 (ii) benefit the parties to the agreement; 

27 (C) specify any staff required and technical assistance to be pro28 vided by the Secretary or other parties to the agreement in sup29 port of activities inside and outside the System unit that will— 

30 (i) protect natural resources of the System unit; and 

31 (ii) benefit the parties to the agreement; 

32 (D) identify any materials, supplies, or equipment and any other 

33 resources that will be contributed by the parties to the agreement 

34 or by other Federal agencies; 

35 (E) describe any financial assistance to be provided by the Sec36 retary or the partners to implement the agreement; 

37 (F) ensure that any expenditure by the Secretary pursuant to 

38 the agreement is determined by the Secretary to support the pur39 poses of natural resource stewardship at a System unit; and 

40 (G) include such other terms and conditions as are agreed to 

41 by the Secretary and the other parties to the agreement. 

52 

•HR 1950 EH 

1 (3) LIMITATIONS.—The Secretary shall not use any funds associated 

2 with an agreement entered into under paragraph (1) for the purposes 

3 of land acquisition, regulatory activity, or the development, mainte4 nance, or operation of infrastructure, except for ancillary support facili5 ties that the Secretary determines to be necessary for the completion 

6 of projects or activities identified in the agreement. 

7 § 101703. Cooperative management agreements 

8 (a) IN GENERAL.—To facilitate the administration of the System, the 

9 Secretary, under such terms and conditions as the Secretary considers ad10 visable, may enter into an agreement with a State or local government agen11 cy to provide for the cooperative management of the Federal and State or 

12 local park areas where a System unit is located adjacent to or near a State 

13 or local park area, and cooperative management between the Service and 

14 a State or local government agency of a portion of either the System unit 

15 or State or local park will allow for more effective and efficient management 

16 of the System unit and State or local park. The Secretary may not transfer 

17 administration responsibilities for any System unit under this paragraph. 

18 (b) PROVISION OF GOODS AND SERVICES.—Under a cooperative manage19 ment agreement, the Secretary may acquire from and provide to a State or 

20 local government agency goods and services to be used by the Secretary and 

21 the State or local governmental agency in the cooperative management of 

22 land. 

23 (c) ASSIGNMENT OF EMPLOYEE.—An assignment arranged by the Sec24 retary under section 3372 of title 5 of a Federal, State, or local employee 

25 for work on any Federal, State, or local land or an extension of the assign26 ment may be for any period of time determined by the Secretary and the 

27 State or local agency to be mutually beneficial. 

28 § 101704. Reimbursable agreements 

29 (a) IN GENERAL.—In carrying out work under reimbursable agreements 

30 with any State, local, or tribal government, the Secretary, without regard 

31 to any provision of law or a regulation— 

32 (1) may record obligations against accounts receivable from those 

33 governments; and 

34 (2) shall credit amounts received from those governments to the ap35 propriate account. 

36 (b) WHEN AMOUNTS SHALL BE CREDITED.—Amounts shall be credited 

37 within 90 days of the date of the original request by the Service for pay38 ment. 

39 Chapter 1019—Concessions and 

40 Commercial Use Authorizations 

Subchapter I—Authority of Secretary 

Sec. 

53 

•HR 1950 EH 

101901. Utility services. 

Subchapter II—Commercial Visitor Services 

101911. Definitions. 

101912. Findings and declaration of policy. 

101913. Award of concession contracts. 

101914. Term of concession contracts. 

101915. Protection of concessioner investment. 

101916. Reasonableness of rates and charges. 

101917. Franchise fees. 

101918. Transfer or conveyance of concession contracts or leasehold surrender interests. 

101919. National Park Service Concessions Management Advisory Board. 

101920. Contracting for services. 

101921. Multiple contracts within a System unit. 

101922. Use of nonmonetary consideration in concession contracts. 

101923. Recordkeeping requirements. 

101924. Promotion of sale of Indian, Alaska Native, Native Samoan, and Native Hawaiian 

handicrafts. 

101925. Commercial use authorizations. 

101926. Regulations. 

1 Subchapter I—Authority of Secretary 

2 § 101901. Utility services. 

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

4 terms and conditions as the Secretary considers advisable, may furnish, on 

5 a reimbursement of appropriation basis, all types of utility services to con6 cessioners, contractors, permittees, or other users of the services, within the 

7 System. The reimbursements for cost of the services may be credited to the 

8 appropriation current at the time reimbursements are received. 

9 Subchapter II—Commercial Visitor 

10 Services 

11 § 101911. Definitions 

12 In this subchapter: 

13 (1) ADVISORY BOARD.—The term ‘‘Advisory Board’’ means the Na14 tional Park Service Concessions Management Advisory Board estab15 lished under section 101919 of this title. 

16 (2) PREFERENTIAL RIGHT OF RENEWAL.—The term ‘‘preferential 

17 right of renewal’’ means the right of a concessioner, subject to a deter18 mination by the Secretary that the facilities or services authorized by 

19 a prior contract continue to be necessary and appropriate within the 

20 meaning of section 101912 of this title, to match the terms and condi21 tions of any competing proposal that the Secretary determines to be 

22 the best proposal for a proposed new concession contract that author23 izes the continuation of the facilities and services provided by the con24 cessioner under its prior contract. 

25 § 101912. Findings and declaration of policy 

26 (a) FINDINGS.—In furtherance of section 100101(a), Congress finds that 

27 the preservation and conservation of System unit resources and values re28 quires that public accommodations, facilities, and services that have to be 

54 

•HR 1950 EH 

1 provided within those System units should be provided only under carefully 

2 controlled safeguards against unregulated and indiscriminate use, so that— 

3 (1) visitation will not unduly impair those resources and values; and 

4 (2) development of public accommodations, facilities, and services 

5 within System units can best be limited to locations that are consistent 

6 to the highest practicable degree with the preservation and conservation 

7 of the resources and values of the System units. 

8 (b) DECLARATION OF POLICY.—It is the policy of Congress that the de9 velopment of public accommodations, facilities, and services in System units 

10 shall be limited to accommodations, facilities, and services that— 

11 (1) are necessary and appropriate for public use and enjoyment of 

12 the System unit in which they are located; and 

13 (2) are consistent to the highest practicable degree with the preser14 vation and conservation of the resources and values of the System unit. 

15 § 101913. Award of concession contracts 

16 In furtherance of the findings and policy stated in section 101912 of this 

17 title, and except as provided by this subchapter or otherwise authorized by 

18 law, the Secretary shall utilize concession contracts to authorize a person, 

19 corporation, or other entity to provide accommodations, facilities, and serv20 ices to visitors to System units. Concession contracts shall be awarded as 

21 follows: 

22 (1) COMPETITIVE SELECTION PROCESS.—Except as otherwise pro23 vided in this section, all proposed concession contracts shall be awarded 

24 by the Secretary to the person, corporation, or other entity submitting 

25 the best proposal, as determined by the Secretary through a competi26 tive selection process. The competitive process shall include simplified 

27 procedures for small, individually-owned entities seeking award of a 

28 concession contract. 

29 (2) SOLICITATION OF PROPOSALS.—Except as otherwise provided in 

30 this section, prior to awarding a new concession contract (including re31 newals or extensions of existing concession contracts) the Secretary— 

32 (A) shall publicly solicit proposals for the concession contract; 

33 and 

34 (B) in connection with the solicitation, shall— 

35 (i) prepare a prospectus and publish notice of its avail36 ability at least once in local or national newspapers or trade 

37 publications, by electronic means, or both, as appropriate; and 

38 (ii) make the prospectus available on request to all inter39 ested persons. 

40 (3) INFORMATION TO BE INCLUDED IN PROSPECTUS.—The pro41 spectus shall include the following information: 

55 

•HR 1950 EH 

1 (A) The minimum requirements for the contract as set forth in 

2 paragraph (4). 

3 (B) The terms and conditions of any existing concession con4 tract relating to the services and facilities to be provided, including 

5 all fees and other forms of compensation provided to the United 

6 States by the concessioner. 

7 (C) Other authorized facilities or services that may be provided 

8 in a proposal. 

9 (D) Facilities and services to be provided by the Secretary to 

10 the concessioner, including public access, utilities, and buildings. 

11 (E) An estimate of the amount of compensation due an existing 

12 concessioner from a new concessioner under the terms of a prior 

13 concession contract. 

14 (F) A statement as to the weight to be given to each selection 

15 factor identified in the prospectus and the relative importance of 

16 those factors in the selection process. 

17 (G) Other information related to the proposed concession oper18 ation that is provided to the Secretary pursuant to a concession 

19 contract or is otherwise available to the Secretary, as the Sec20 retary determines is necessary to allow for the submission of com21 petitive proposals. 

22 (H) Where applicable, a description of a preferential right to 

23 the renewal of the proposed concession contract held by an exist24 ing concessioner as set forth in paragraph (7). 

25 (4) CONSIDERATION OF PROPOSALS.— 

26 (A) MINIMUM REQUIREMENTS.—No proposal shall be consid27 ered that fails to meet the minimum requirements as determined 

28 by the Secretary. The minimum requirements shall include the fol29 lowing: 

30 (i) The minimum acceptable franchise fee or other forms 

31 of consideration to the Federal Government. 

32 (ii) Any facilities, services, or capital investment required 

33 to be provided by the concessioner. 

34 (iii) Measures necessary to ensure the protection, conserva35 tion, and preservation of resources of the System unit. 

36 (B) REJECTION OF PROPOSAL.—The Secretary shall reject any 

37 proposal, regardless of the franchise fee offered, if the Secretary 

38 determines that— 

39 (i) the person, corporation, or entity is not qualified or is 

40 not likely to provide satisfactory service; or 

56 

•HR 1950 EH 

1 (ii) the proposal is not responsive to the objectives of pro2 tecting and preserving resources of the System unit and of 

3 providing necessary and appropriate facilities and services to 

4 the public at reasonable rates. 

5 (C) ALL PROPOSALS FAIL TO MEET MIMIMUM REQUIREMENTS

6 OR ARE REJECTED.—If all proposals submitted to the Secretary 

7 fail to meet the minimum requirements or are rejected by the Sec8 retary, the Secretary shall establish new minimum contract re9 quirements and re-initiate the competitive selection process pursu10 ant to this section. 

11 (D) TERMS AND CONDITIONS MATERIALLY AMENDED OR NOT

12 INCORPORATED IN CONTRACT.—The Secretary may not execute a 

13 concession contract that materially amends or does not incorporate 

14 the proposed terms and conditions of the concession contract as 

15 set forth in the applicable prospectus. If proposed material amend16 ments or changes are considered appropriate by the Secretary, the 

17 Secretary shall resolicit offers for the concession contract incor18 porating the material amendments or changes. 

19 (5) SELECTION OF THE BEST PROPOSAL.— 

20 (A) FACTORS IN SELECTION.—In selecting the best proposal, 

21 the Secretary shall consider the following principal factors: 

22 (i) The responsiveness of the proposal to the objectives of 

23 protecting, conserving, and preserving resources of the Sys24 tem unit and of providing necessary and appropriate facilities 

25 and services to the public at reasonable rates. 

26 (ii) The experience and related background of the person, 

27 corporation, or entity submitting the proposal, including the 

28 past performance and expertise of the person, corporation or 

29 entity in providing the same or similar facilities or services. 

30 (iii) The financial capability of the person, corporation, or 

31 entity submitting the proposal. 

32 (iv) The proposed franchise fee, except that consideration 

33 of revenue to the United States shall be subordinate to the 

34 objectives of protecting, conserving, and preserving resources 

35 of the System unit and of providing necessary and appro36 priate facilities to the public at reasonable rates. 

37 (B) SECONDARY FACTORS.—The Secretary may also consider 

38 such secondary factors as the Secretary considers appropriate. 

39 (C) DEVELOPMENT OF REGULATIONS.—In developing regula40 tions to implement this subchapter, the Secretary shall consider 

41 the extent to which plans for employment of Indians (including 

57 

•HR 1950 EH 

1 Native Alaskans) and involvement of businesses owned by Indians, 

2 Indian tribes, or Native Alaskans in the operation of a concession 

3 contract should be identified as a factor in the selection of a best 

4 proposal under this section. 

5 (6) CONGRESSIONAL NOTIFICATION.— 

6 (A) IN GENERAL.—The Secretary shall submit any proposed 

7 concession contract with anticipated annual gross receipts in ex8 cess of $5,000,000 or a duration of more than 10 years to the 

9 Committee on Natural Resources of the House of Representatives 

10 and the Committee on Energy and Natural Resources of the Sen11 ate. 

12 (B) WAITING PERIOD.—The Secretary shall not award any pro13 posed concession contract to which subparagraph (A) applies until 

14 at least 60 days subsequent to the notification of both Commit15 tees. 

16 (7) PREFERENTIAL RIGHT OF RENEWAL.— 

17 (A) IN GENERAL.—Except as provided in subparagraph (B), the 

18 Secretary shall not grant a concessioner a preferential right to 

19 renew a concession contract, or any other form of preference to 

20 a concession contract. 

21 (B) EXCEPTION.—The Secretary shall grant a preferential right 

22 of renewal to an existing concessioner with respect to proposed re23 newals of the categories of concession contracts described by para24 graph (8), subject to the requirements of that paragraph. 

25 (C) ENTITLEMENT TO AWARD OF NEW CONTRACT.—A conces26 sioner that successfully exercises a preferential right of renewal in 

27 accordance with the requirements of this subchapter shall be enti28 tled to award of the proposed new concession contract to which 

29 the preference applies. 

30 (8) OUTFITTER AND GUIDE SERVICES AND SMALL CONTRACTS.— 

31 (A) APPLICATION.—Paragraph (7) shall apply only to the fol32 lowing: 

33 (i) Subject to subparagraph (B), concession contracts that 

34 solely authorize the provision of specialized backcountry out35 door recreation guide services that require the employment of 

36 specially trained and experienced guides to accompany System 

37 unit visitors in the backcountry so as to provide a safe and 

38 enjoyable experience for visitors who otherwise may not have 

39 the skills and equipment to engage in that activity. 

40 (ii) Subject to subparagraph (C), concession contracts with 

41 anticipated annual gross receipts under $500,000. 

58 

•HR 1950 EH 

1 (B) OUTFITTING AND GUIDE CONCESSIONERS.— 

2 (i) DESCRIPTION.—Outfitting and guide concessioners, 

3 where otherwise qualified, include concessioners that provide 

4 guided river running, hunting, fishing, horseback, camping, 

5 and mountaineering experiences. 

6 (ii) WHEN ENTITLED TO PREFERENTIAL RIGHT.—An out7 fitting and guide concessioner is entitled to a preferential 

8 right of renewal under this subchapter only if— 

9 (I) the contract with the outfitting and guide conces10 sioner does not grant the concessioner any interest, in11 cluding any leasehold surrender interest or possessory in12 terest, in capital improvements on land owned by the 

13 United States within a System unit, other than a capital 

14 improvement constructed by a concessioner pursuant to 

15 the terms of a concession contract prior to November 13, 

16 1998, or constructed or owned by a concessioner or the 

17 concessioner’s predecessor before the subject land was 

18 incorporated into the System; 

19 (II) the Secretary determines that the concessioner 

20 has operated satisfactorily during the term of the con21 tract (including any extension); and 

22 (III) the concessioner has submitted a responsive pro23 posal for a proposed new concession contract that satis24 fies the minimum requirements established by the Sec25 retary pursuant to paragraph (4). 

26 (C) CONTRACT WITH ESTIMATED GROSS RECEIPTS OF LESS

27 THAN $500,000.—A concessioner that holds a concession contract 

28 that the Secretary estimates will result in gross annual receipts of 

29 less than $500,000 if renewed shall be entitled to a preferential 

30 right of renewal under this subchapter if— 

31 (i) the Secretary has determined that the concessioner has 

32 operated satisfactorily during the term of the contract (in33 cluding any extension); and 

34 (ii) the concessioner has submitted a responsive proposal 

35 for a proposed new concession contract that satisfies the min36 imum requirements established by the Secretary pursuant to 

37 paragraph (4). 

38 (9) NEW OR ADDITIONAL SERVICES.—The Secretary shall not grant 

39 a preferential right to a concessioner to provide new or additional serv40 ices in a System unit. 

59 

•HR 1950 EH 

1 (10) AUTHORITY OF SECRETARY NOT LIMITED.—Nothing in this 

2 subchapter shall be construed as limiting the authority of the Secretary 

3 to determine whether to issue a concession contract or to establish its 

4 terms and conditions in furtherance of the policies expressed in this 

5 subchapter. 

6 (11) EXCEPTIONS.—Notwithstanding this section, the Secretary may 

7 award, without public solicitation, the following: 

8 (A) TEMPORARY CONTRACT.—To avoid interruption of services 

9 to the public at a System unit, the Secretary may award a tem10 porary concession contract or an extension of an existing conces11 sions contract for a term not to exceed 3 years, except that prior 

12 to making the award, the Secretary shall take all reasonable and 

13 appropriate steps to consider alternatives to avoid the interruption. 

14 (B) CONTRACT IN EXTRAORDINARY CIRCUMSTANCES.—The Sec15 retary may award a concession contract in extraordinary cir16 cumstances where compelling and equitable considerations require 

17 the award of a concession contract to a particular party in the 

18 public interest. Award of a concession contract under this subpara19 graph shall not be made by the Secretary until at least 30 days 

20 after— 

21 (i) publication in the Federal Register of notice of the Sec22 retary’s intention to award the contract and the reasons for 

23 the action; and 

24 (ii) submission of notice to the Committee on Energy and 

25 Natural Resources of the Senate and the Committee on Nat26 ural Resources of the House of Representatives. 

27 § 101914. Term of concession contracts 

28 A concession contract entered into pursuant to this subchapter shall gen29 erally be awarded for a term of 10 years or less. The Secretary may award 

30 a contract for a term of up to 20 years if the Secretary determines that 

31 the contract terms and conditions, including the required construction of 

32 capital improvements, warrant a longer term. 

33 § 101915. Protection of concessioner investment 

34 (a) DEFINITIONS.—In this section: 

35 (1) CAPITAL IMPROVEMENT.—The term ‘‘capital improvement’’ 

36 means a structure, a fixture, or nonremovable equipment provided by 

37 a concessioner pursuant to the terms of a concession contract and lo38 cated on land of the United States within a System unit. 

39 (2) CONSUMER PRICE INDEX.—The term ‘‘Consumer Price Index’’ 

40 means— 

60 

•HR 1950 EH 

1 (A) the ‘‘Consumer Price Index—All Urban Consumers’’ pub2 lished by the Bureau of Labor Statistics of the Department of 

3 Labor; or 

4 (B) if the Index is not published, another regularly published 

5 cost-of-living index approximating the Consumer Price Index. 

6 (b) LEASEHOLD SURRENDER INTEREST IN CAPITAL IMPROVEMENTS.— 

7 A concessioner that constructs a capital improvement on land owned by the 

8 United States within a System unit pursuant to a concession contract shall 

9 have a leasehold surrender interest in the capital improvement subject to 

10 the following terms and conditions: 

11 (1) IN GENERAL.—A concessioner shall have a leasehold surrender 

12 interest in each capital improvement constructed by a concessioner 

13 under a concession contract, consisting solely of a right to compensa14 tion for the capital improvement to the extent of the value of the con15 cessioner’s leasehold surrender interest in the capital improvement. 

16 (2) PLEDGE AS SECURITY.—A leasehold surrender interest may be 

17 pledged as security for financing of a capital improvement or the acqui18 sition of a concession contract when approved by the Secretary pursu19 ant to this subchapter. 

20 (3) TRANSFER AND RELINQUISHMENT OR WAIVER OF INTEREST.— 

21 A leasehold surrender interest shall be transferred by the concessioner 

22 in connection with any transfer of the concession contract and may be 

23 relinquished or waived by the concessioner. 

24 (4) LIMIT ON EXTINGUISHING OR TAKING INTEREST.—A leasehold 

25 surrender interest shall not be extinguished by the expiration or other 

26 termination of a concession contract and may not be taken for public 

27 use except on payment of just compensation. 

28 (5) VALUE OF INTEREST.—The value of a leasehold surrender inter29 est in a capital improvement shall be an amount equal to the initial 

30 value (construction cost of the capital improvement), increased (or de31 creased) by the same percentage increase (or decrease) as the percent32 age increase (or decrease) in the Consumer Price Index, from the date 

33 of making the investment in the capital improvement by the conces34 sioner to the date of payment of the value of the leasehold surrender 

35 interest, less depreciation of the capital improvement as evidenced by 

36 the condition and prospective serviceability in comparison with a new 

37 unit of like kind. 

38 (6) VALUE OF INTEREST IN CERTAIN NEW CONCESSION CON39 TRACTS.— 

40 (A) HOW VALUE IS DETERMINED.—The Secretary may provide, 

41 in any new concession contract that the Secretary estimates will 

61 

•HR 1950 EH 

1 have a leasehold surrender interest of more than $10,000,000, 

2 that the value of any leasehold surrender interest in a capital im3 provement shall be based on— 

4 (i) a reduction on an annual basis, in equal portions, over 

5 the same number of years as the time period associated with 

6 the straight line depreciation of the initial value (construction 

7 cost of the capital improvement), as provided by applicable 

8 Federal income tax laws and regulations in effect on Novem9 ber 12, 1998; or 

10 (ii) an alternative formula that is consistent with the objec11 tives of this subchapter. 

12 (B) WHEN ALTERNATIVE FORMULA MAY BE USED.—The Sec13 retary may use an alternative formula under subparagraph (A)(ii) 

14 only if the Secretary determines, after scrutiny of the financial 

15 and other circumstances involved in the particular concession con16 tract (including providing notice in the Federal Register and op17 portunity for comment), that the alternative formula is, compared 

18 to the standard method of determining value provided for in para19 graph (5), necessary to provide a fair return to the Federal Gov20 ernment and to foster competition for the new contract by pro21 viding a reasonable opportunity to make a profit under the new 

22 contract. If no responsive offers are received in response to a solic23 itation that includes the alternative formula, the concession oppor24 tunity shall be resolicited with the leasehold surrender interest 

25 value as described in paragraph (5). 

26 (7) INCREASE IN VALUE OF INTEREST.—Where a concessioner, pur27 suant to the terms of a concession contract, makes a capital improve28 ment to an existing capital improvement in which the concessioner has 

29 a leasehold surrender interest, the cost of the additional capital im30 provement shall be added to the then-current value of the conces31 sioner’s leasehold surrender interest. 

32 (c) SPECIAL RULE FOR POSSESSORY INTEREST EXISTING BEFORE NO33 VEMBER 13, 1998.— 

34 (1) IN GENERAL.—A concessioner that has obtained a possessory in35 terest (as defined pursuant to the Act of October 9, 1965 (known as 

36 the National Park Service Concessions Policy Act; Public Law 89–249, 

37 79 Stat. 969), as in effect on November 12, 1998) under the terms 

38 of a concession contract entered into before November 13, 1998, shall, 

39 on the expiration or termination of the concession contract, be entitled 

40 to receive compensation for the possessory interest improvements in the 

41 amount and manner as described by the concession contract. Where 

62 

•HR 1950 EH 

1 that possessory interest is not described in the existing concession con2 tract, compensation of possessory interest shall be determined in ac3 cordance with the laws in effect on November 12, 1998. 

4 (2) EXISTING CONCESSIONER AWARDED A NEW CONTRACT.—A con5 cessioner awarded a new concession contract to replace an existing con6 cession contract after November 13, 1998, instead of directly receiving 

7 the possessory interest compensation, shall have a leasehold surrender 

8 interest in its existing possessory interest improvements under the 

9 terms of the new concession contract and shall carry over as the initial 

10 value of the leasehold surrender interest (instead of construction cost) 

11 an amount equal to the value of the existing possessory interest as of 

12 the termination date of the previous concession contract. In the event 

13 of a dispute between the concessioner and the Secretary as to the value 

14 of the possessory interest, the matter shall be resolved through binding 

15 arbitration. 

16 (3) NEW CONCESSIONER AWARDED A CONTRACT.—A new conces17 sioner awarded a concession contract and required to pay a prior con18 cessioner for possessory interest in prior improvements shall have a 

19 leasehold surrender interest in the prior improvements. The initial 

20 value in the leasehold surrender interest (instead of construction cost) 

21 shall be an amount equal to the value of the existing possessory inter22 est as of the termination date of the previous concession contract. 

23 (4) DE NOVO REVIEW OF VALUE DETERMINATION.—If the Secretary, 

24 or either party to a value determination proceeding conducted under a 

25 Service concession contract issued before November 13, 1998, considers 

26 that the value determination decision issued pursuant to the proceeding 

27 misinterprets or misapplies relevant contractual requirements or their 

28 underlying legal authority, the Secretary or either party may seek, 

29 within 180 days after the date of the decision, de novo review of the 

30 value determination decision by the United States Court of Federal 

31 Claims. The Court of Federal Claims may make an order affirming, 

32 vacating, modifying or correcting the determination decision. 

33 (d) TRANSITION TO SUCCESSOR CONCESSIONER.—On expiration or ter34 mination of a concession contract entered into after November 13, 1998, a 

35 concessioner shall be entitled under the terms of the concession contract to 

36 receive from the United States or a successor concessioner the value of any 

37 leasehold surrender interest in a capital improvement as of the date of the 

38 expiration or termination. A successor concessioner shall have a leasehold 

39 surrender interest in the capital improvement under the terms of a new con40 cession contract and the initial value of the leasehold surrender interest in 

41 the capital improvement (instead of construction cost) shall be the amount 

63 

•HR 1950 EH 

1 of money the new concessioner is required to pay the prior concessioner for 

2 its leasehold surrender interest under the terms of the prior concession con3 tract. 

4 (e) TITLE TO IMPROVEMENTS.—Title to any capital improvement con5 structed by a concessioner on land owned by the United States in a System 

6 unit shall be vested in the United States. 

7 § 101916. Reasonableness of rates and charges 

8 (a) IN GENERAL.—A concession contract shall permit the concessioner to 

9 set reasonable and appropriate rates and charges for facilities, goods, and 

10 services provided to the public, subject to approval under subsection (b). 

11 (b) APPROVAL BY SECRETARY REQUIRED.— 

12 (1) FACTORS TO CONSIDER.—A concessioner’s rates and charges to 

13 the public shall be subject to approval by the Secretary. The approval 

14 process utilized by the Secretary shall be as prompt and as 

15 unburdensome to the concessioner as possible and shall rely on market 

16 forces to establish reasonableness of rates and charges to the maximum 

17 extent practicable. The Secretary shall approve rates and charges that 

18 the Secretary determines to be reasonable and appropriate. Unless oth19 erwise provided in the concession contract, the reasonableness and ap20 propriateness of rates and charges shall be determined primarily by 

21 comparison with those rates and charges for facilities, goods, and serv22 ices of comparable character under similar conditions, with due consid23 eration to the following factors and other factors deemed relevant by 

24 the Secretary: 

25 (A) Length of season. 

26 (B) Peakloads. 

27 (C) Average percentage of occupancy. 

28 (D) Accessibility. 

29 (E) Availability and costs of labor and materials. 

30 (F) Type of patronage. 

31 (2) RATES AND CHARGES NOT TO EXCEED MARKET RATES AND

32 CHARGES.—Rates and charges may not exceed the market rates and 

33 charges for comparable facilities, goods, and services, after taking into 

34 account the factors referred to in paragraph (1). 

35 (c) IMPLEMENTATION OF RECOMMENDATIONS.—Not later than 6 months 

36 after receiving recommendations from the Advisory Board regarding conces37 sioner rates and charges to the public, the Secretary shall implement the 

38 recommendations or report to Congress the reasons for not implementing 

39 the recommendations. 

64 

•HR 1950 EH 

1 § 101917. Franchise fees 

2 (a) IN GENERAL.—A concession contract shall provide for payment to the 

3 Federal Government of a franchise fee or other monetary consideration as 

4 determined by the Secretary, on consideration of the probable value to the 

5 concessioner of the privileges granted by the particular contract involved. 

6 Probable value shall be based on a reasonable opportunity for net profit in 

7 relation to capital invested and the obligations of the concession contract. 

8 Consideration of revenue to the United States shall be subordinate to the 

9 objectives of protecting and preserving System units and of providing nec10 essary and appropriate services for visitors at reasonable rates. 

11 (b) PROVISIONS TO BE SPECIFIED IN CONTRACT.—The amount of the 

12 franchise fee or other monetary consideration paid to the United States for 

13 the term of the concession contract shall be specified in the concession con14 tract and may be modified only to reflect extraordinary unanticipated 

15 changes from the conditions anticipated as of the effective date of the con16 cession contract. The Secretary shall include in concession contracts with a 

17 term of more than 5 years a provision that allows reconsideration of the 

18 franchise fee at the request of the Secretary or the concessioner in the event 

19 of extraordinary unanticipated changes. The provision shall provide for 

20 binding arbitration in the event that the Secretary and the concessioner are 

21 unable to agree on an adjustment to the franchise fee in those cir22 cumstances. 

23 (c) SPECIAL ACCOUNT IN TREASURY.— 

24 (1) DEPOSIT AND AVAILABILITY.—All franchise fees (and other mon25 etary consideration) paid to the United States pursuant to concession 

26 contracts shall be deposited in a special account established in the 

27 Treasury. Twenty percent of the funds deposited in the special account 

28 shall be available for expenditure by the Secretary, without further ap29 propriation, to support activities throughout the System regardless of 

30 the System unit in which the funds were collected. The funds deposited 

31 in the special account shall remain available until expended. 

32 (2) SUBACCOUNT FOR EACH SYSTEM UNIT.—There shall be estab33 lished within the special account a subaccount for each System unit. 

34 Each subaccount shall be credited with 80 percent of the franchise fees 

35 (and other monetary consideration) collected at a single System unit 

36 under concession contracts. The funds credited to the subaccount for 

37 a System unit shall be available for expenditure by the Secretary, with38 out further appropriation, for use at the System unit for visitor services 

39 and for purposes of funding high-priority and urgently necessary re40 source management programs and operations. The funds credited to a 

41 subaccount shall remain available until expended. 

65 

•HR 1950 EH 

1 § 101918. Transfer or conveyance of concession contracts or 

2 leasehold surrender interests 

3 (a) APPROVAL OF SECRETARY.—No concession contract or leasehold sur4 render interest may be transferred, assigned, sold, or otherwise conveyed or 

5 pledged by a concessioner without prior written notification to, and approval 

6 by, the Secretary. 

7 (b) CONDITIONS.—The Secretary shall approve a transfer or conveyance 

8 described in subsection (a) unless the Secretary finds that— 

9 (1) the individual, corporation, or other entity seeking to acquire a 

10 concession contract is not qualified or able to satisfy the terms and 

11 conditions of the concession contract; 

12 (2) the transfer or conveyance would have an adverse impact on— 

13 (A) the protection, conservation, or preservation of the resources 

14 of the System unit; or 

15 (B) the provision of necessary and appropriate facilities and 

16 services to visitors at reasonable rates and charges; and 

17 (3) the terms of the transfer or conveyance are likely, directly or in18 directly, to— 

19 (A) reduce the concessioner’s opportunity for a reasonable profit 

20 over the remaining term of the concession contract; 

21 (B) adversely affect the quality of facilities and services pro22 vided by the concessioner; or 

23 (C) result in a need for increased rates and charges to the pub24 lic to maintain the quality of the facilities and services. 

25 (c) MODIFICATION OR RENEGOTIATION OF TERMS.—The terms and con26 ditions of any concession contract under this section shall not be subject to 

27 modification or open to renegotiation by the Secretary because of a transfer 

28 or conveyance described in subsection (a) unless the transfer or conveyance 

29 would have an adverse impact as described in subsection (b)(2). 

30 § 101919. National Park Service Concessions Management 

31 Advisory Board 

32 (a) ESTABLISHMENT AND PURPOSE.—There is a National Park Service 

33 Concessions Management Advisory Board whose purpose shall be to advise 

34 the Secretary and Service on matters relating to management of concessions 

35 in the System. 

36 (b) DUTIES.— 

37 (1) ADVICE.—The Advisory Board shall advise on each of the fol38 lowing: 

39 (A) Policies and procedures intended to ensure that services and 

40 facilities provided by concessioners— 

41 (i) are necessary and appropriate; 

66 

•HR 1950 EH 

1 (ii) meet acceptable standards at reasonable rates with a 

2 minimum of impact on System unit resources and values; and 

3 (iii) provide the concessioners with a reasonable oppor4 tunity to make a profit. 

5 (B) Ways to make Service concession programs and procedures 

6 more cost effective, more process efficient, less burdensome, and 

7 timelier. 

8 (2) RECOMMENDATIONS.—The Advisory Board shall make rec9 ommendations to the Secretary regarding each of the following: 

10 (A) The Service contracting with the private sector to conduct 

11 appropriate elements of concession management. 

12 (B) Ways to make the review or approval of concessioner rates 

13 and charges to the public more efficient, less burdensome, and 

14 timelier. 

15 (C) The nature and scope of products that qualify as Indian, 

16 Alaska Native, and Native Hawaiian handicrafts within the mean17 ing of this subchapter. 

18 (D) The allocation of concession fees. 

19 (3) ANNUAL REPORT.—The Advisory Board shall provide an annual 

20 report on its activities to the Committee on Natural Resources of the 

21 House of Representatives and the Committee on Energy and Natural 

22 Resources of the Senate. 

23 (c) ADVISORY BOARD MEMBERSHIP.—Members of the Advisory Board 

24 shall be appointed on a staggered basis by the Secretary for a term not to 

25 exceed 4 years and shall serve at the pleasure of the Secretary. The Advi26 sory Board shall be comprised of not more than 7 individuals appointed 

27 from among citizens of the United States not in the employment of the Fed28 eral Government and not in the employment of or having an interest in a 

29 Service concession. Of the 7 members of the Advisory Board— 

30 (1) one member shall be privately employed in the hospitality indus31 try and have both broad knowledge of hotel or food service manage32 ment and experience in the parks and recreation concession business; 

33 (2) one member shall be privately employed in the tourism industry; 

34 (3) one member shall be privately employed in the accounting indus35 try; 

36 (4) one member shall be privately employed in the outfitting and 

37 guide industry; 

38 (5) one member shall be a State government employee with expertise 

39 in park concession management; 

40 (6) one member shall be active in promotion of traditional arts and 

41 crafts; and 

67 

•HR 1950 EH 

1 (7) one member shall be active in a nonprofit conservation organiza2 tion involved in parks and recreation programs. 

3 (d) SERVICE ON ADVISORY BOARD.—Service of an individual as a mem4 ber of the Advisory Board shall not be deemed to be service or employment 

5 bringing the individual within the provisions of any Federal law relating to 

6 conflicts of interest or otherwise imposing restrictions, requirements, or pen7 alties in relation to the employment of individuals, the performance of serv8 ices, or the payment or receipt of compensation in connection with claims, 

9 proceedings, or matters involving the United States. Service as a member 

10 of the Advisory Board shall not be deemed service in an appointive or elec11 tive position in the Federal Government for purposes of section 8344 of title 

12 5 or other comparable provisions of Federal law. 

13 (e) TERMINATION.—The Advisory Board shall continue to exist until De14 cember 31, 2009. In all other respects, it shall be subject to the Federal 

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

16 § 101920. Contracting for services 

17 (a) CONTRACTING AUTHORIZED.— 

18 (1) MANAGEMENT ELEMENTS FOR WHICH CONTRACT REQUIRED TO

19 MAXIMUM EXTENT PRACTICABLE.—To the maximum extent prac20 ticable, the Secretary shall contract with private entities to conduct or 

21 assist in elements of the management of the Service concession pro22 gram considered by the Secretary to be suitable for non-Federal per23 formance. Those management elements shall include each of the fol24 lowing: 

25 (A) Health and safety inspections. 

26 (B) Quality control of concession operations and facilities. 

27 (C) Strategic capital planning for concession facilities. 

28 (D) Analysis of rates and charges to the public. 

29 (2) MANAGEMENT ELEMENTS FOR WHICH CONTRACT ALLOWED.— 

30 The Secretary may also contract with private entities to assist the Sec31 retary with each of the following: 

32 (A) Preparation of the financial aspects of prospectuses for 

33 Service concession contracts. 

34 (B) Development of guidelines for a System capital improve35 ment and maintenance program for all concession occupied facili36 ties. 

37 (C) Making recommendations to the Director regarding the con38 duct of annual audits of concession fee expenditures. 

39 (b) OTHER MANAGEMENT ELEMENTS.—The Secretary shall consider, 

40 taking into account the recommendations of the Advisory Board, contracting 

41 out other elements of the concessions management program, as appropriate. 

68 

•HR 1950 EH 

1 (c) AUTHORITY OF SECRETARY NOT DIMINISHED.—Nothing in this sec2 tion shall diminish the governmental responsibilities and authority of the 

3 Secretary to administer concession contracts and activities pursuant to this 

4 subchapter and section 100101(a), chapter 1003, and sections 100751(a), 

5 100752, 100753, and 102101 of this title. The Secretary reserves the right 

6 to make the final decision or contract approval on contracting services deal7 ing with the management of the Service concessions program under this sec8 tion. 

9 § 101921. Multiple contracts within a System unit 

10 If multiple concession contracts are awarded to authorize concessioners 

11 to provide the same or similar outfitting, guiding, river running, or other 

12 similar services at the same approximate location or resource within a Sys13 tem unit, the Secretary shall establish a comparable franchise fee structure 

14 for those contracts or similar contracts, except that the terms and condi15 tions of any existing concession contract shall not be subject to modification 

16 or open to renegotiation by the Secretary because of an award of a new con17 tract at the same approximate location or resource. 

18 § 101922. Use of nonmonetary consideration in concession 

19 contracts 

20 Section 1302 of title 40 shall not apply to concession contracts awarded 

21 by the Secretary pursuant to this subchapter. 

22 § 101923. Recordkeeping requirements 

23 (a) IN GENERAL.—A concessioner and any subconcessioner shall keep 

24 such records as the Secretary may prescribe to enable the Secretary to de25 termine that all terms of a concession contract have been and are being 

26 faithfully performed. The Secretary and any authorized representative of the 

27 Secretary shall, for the purpose of audit and examination, have access to 

28 those records and to other records of the concessioner or subconcessioner 

29 pertinent to the concession contract and all terms and conditions of the con30 cession contract. 

31 (b) ACCESS TO RECORDS BY COMPTROLLER GENERAL.—The Comptroller 

32 General and any authorized representative of the Comptroller General shall, 

33 until the expiration of 5 calendar years after the close of the business year 

34 of each concessioner or subconcessioner, have access to and the right to ex35 amine any pertinent records described in subsection (a) of the concessioner 

36 or subconcessioner related to the contract involved. 

37 § 101924. Promotion of sale of Indian, Alaska Native, Native 

38 Samoan, and Native Hawaiian handicrafts 

39 (a) IN GENERAL.—Promoting the sale of authentic United States Indian, 

40 Alaskan Native, Native Samoan, and Native Hawaiian handicrafts relating 

41 to the cultural, historical, and geographic characteristics of System units is 

69 

•HR 1950 EH 

1 encouraged, and the Secretary shall ensure that there is a continuing effort 

2 to enhance the handicraft trade where it exists and establish the trade in 

3 appropriate areas where the trade does not exist. 

4 (b) EXEMPTION FROM FRANCHISE FEE.—In furtherance of the purposes 

5 of subsection (a), the revenue derived from the sale of United States Indian, 

6 Alaska Native, Native Samoan, and Native Hawaiian handicrafts shall be 

7 exempt from any franchise fee payments under this subchapter. 

8 § 101925. Commercial use authorizations 

9 (a) IN GENERAL.—To the extent specified in this section, the Secretary, 

10 on request, may authorize a private person, corporation, or other entity to 

11 provide services to visitors to System units through a commercial use au12 thorization. A commercial use authorization shall not be considered to be 

13 a concession contract under this subchapter and no other section of this 

14 subchapter shall be applicable to a commercial use authorization except 

15 where expressly stated. 

16 (b) CRITERIA FOR ISSUANCE OF COMMERCIAL USE AUTHORIZATIONS.— 

17 (1) REQUIRED DETERMINATIONS.—The authority of this section may 

18 be used only to authorize provision of services that the Secretary deter19 mines— 

20 (A) will have minimal impact on resources and values of a Sys21 tem unit; and 

22 (B) are consistent with the purpose for which the System unit 

23 was established and with all applicable management plans and 

24 Service policies and regulations. 

25 (2) ELEMENTS OF COMMERCIAL USE AUTHORIZATION.—The Sec26 retary shall— 

27 (A) require payment of a reasonable fee for issuance of a com28 mercial use authorization, the fees to remain available without fur29 ther appropriation to be used, at a minimum, to recover associated 

30 management and administrative costs; 

31 (B) require that the provision of services under a commercial 

32 use authorization be accomplished in a manner consistent to the 

33 highest practicable degree with the preservation and conservation 

34 of System unit resources and values; 

35 (C) take appropriate steps to limit the liability of the United 

36 States arising from the provision of services under a commercial 

37 use authorization; 

38 (D) have no authority under this section to issue more commer39 cial use authorizations than are consistent with the preservation 

40 and proper management of System unit resources and values; and 

70 

•HR 1950 EH 

1 (E) shall establish other conditions for issuance of a commercial 

2 use authorization that the Secretary determines to be appropriate 

3 for the protection of visitors, provision of adequate and appro4 priate visitor services, and protection and proper management of 

5 System unit resources and values. 

6 (c) LIMITATIONS.—Any commercial use authorization shall be limited 

7 to— 

8 (1) commercial operations with annual gross receipts of not more 

9 than $25,000 resulting from services originating and provided solely 

10 within a System unit pursuant to the commercial use authorization; 

11 (2) the incidental use of resources of the System unit by commercial 

12 operations that provide services originating and terminating outside the 

13 boundaries of the System unit; or 

14 (3)(A) uses by organized children’s camps, outdoor clubs, and non15 profit institutions (including back country use); and 

16 (B) other uses, as the Secretary determines to be appropriate. 

17 (d) NONPROFIT INSTITUTIONS.—Nonprofit institutions are not required 

18 to obtain commercial use authorizations unless taxable income is derived by 

19 the institution from the authorized use. 

20 (e) PROHIBITION ON CONSTRUCTION.—A commercial use authorization 

21 shall not provide for the construction of any structure, fixture, or improve22 ment on federally-owned land within the boundaries of a System unit. 

23 (f) DURATION.—The term of any commercial use authorization shall not 

24 exceed 2 years. No preferential right of renewal or similar provisions for re25 newal shall be granted by the Secretary. 

26 (g) OTHER CONTRACTS.—A person, corporation, or other entity seeking 

27 or obtaining a commercial use authorization shall not be precluded from 

28 submitting a proposal for concession contracts. 

29 § 101926. Regulations 

30 (a) IN GENERAL.—The Secretary shall prescribe regulations appropriate 

31 for the implementation of this subchapter. 

32 (b) CONTENTS.—The regulations— 

33 (1) shall include appropriate provisions to ensure that concession 

34 services and facilities to be provided in a System unit are not seg35 mented or otherwise split into separate concession contracts for the 

36 purposes of seeking to reduce anticipated annual gross receipts of a 

37 concession contract below $500,000; and 

38 (2) shall further define the term ‘‘United States Indian, Alaskan Na39 tive, and Native Hawaiian handicrafts’’ for the purposes of this sub40 chapter. 

71 

•HR 1950 EH 

1 Chapter 1021—Privileges and Leases 

Sec. 

102101. General provisions. 

102102. Authority of Secretary to enter into lease for buildings and associated property. 

2 § 102101. General provisions 

3 (a) LIMITATION.— 

4 (1) NO LEASE OR GRANT OF A PRIVILEGE THAT INTERFERES WITH

5 FREE ACCESS.—No natural curiosity, wonder, or object of interest shall 

6 be leased or granted to anyone on such terms as to interfere with free 

7 access by the public to any System unit. 

8 (2) EXCEPTION FOR GRAZING LIVESTOCK.—The Secretary, under 

9 such regulations and on such terms as the Secretary may prescribe, 

10 may grant the privilege to graze livestock within a System unit when, 

11 in the Secretary’s judgment, the use is not detrimental to the primary 

12 purpose for which the System unit was created. This paragraph does 

13 not apply to Yellowstone National Park. 

14 (b) ADVERTISING AND COMPETITIVE BIDS NOT REQUIRED.—The Sec15 retary may grant privileges and enter into leases described in subsection (a), 

16 and enter into related contracts with responsible persons, firms, or corpora17 tions, without advertising and without securing competitive bids. 

18 (c) ASSIGNMENT OR TRANSFER.— No contract, lease, or privilege de19 scribed in subsection (a) or (b) that is entered into or granted shall be as20 signed or transferred by the grantee, lessee, or licensee without the prior 

21 written approval of the Secretary. 

22 § 102102. Authority of Secretary to enter into lease for 

23 buildings and associated property 

24 (a) IN GENERAL.—To facilitate the administration of the System, the 

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

26 advisable, and except as provided in subsection (b) and subject to subsection 

27 (c), may enter into a lease with any person or government entity for the 

28 use of buildings and associated property administered by the Secretary as 

29 part of the System. 

30 (b) PROHIBITED ACTIVITIES.—The Secretary may not use a lease under 

31 subsection (a) to authorize the lessee to engage in activities that are subject 

32 to authorization by the Secretary through a concession contract, commercial 

33 use authorization, or similar instrument. 

34 (c) USE.—Buildings and associated property leased under subsection 

35 (a)— 

36 (1) shall be used for an activity that is consistent with the purposes 

37 established by law for the System unit in which the building is located; 

38 (2) shall not result in degradation of the purposes and values of the 

39 System unit; and 

72 

•HR 1950 EH 

1 (3) shall be compatible with Service programs. 

2 (d) RENTAL AMOUNTS.— 

3 (1) IN GENERAL.—With respect to a lease under subsection (a)— 

4 (A) payment of fair market value rental shall be required; and 

5 (B) section 1302 of title 40 shall not apply. 

6 (2) ADJUSTMENT.—The Secretary may adjust the rental amount as 

7 appropriate to take into account any amounts to be expended by the 

8 lessee for preservation, maintenance, restoration, improvement, or re9 pair and related expenses. 

10 (e) SPECIAL ACCOUNT.— 

11 (1) DEPOSITS.—Rental payments under a lease under subsection (a) 

12 shall be deposited in a special account in the Treasury. 

13 (2) AVAILABILITY.—Amounts in the special account shall be avail14 able until expended, without further appropriation, for infrastructure 

15 needs at System units, including— 

16 (A) facility refurbishment; 

17 (B) repair and replacement; 

18 (C) infrastructure projects associated with System unit resource 

19 protection; and 

20 (D) direct maintenance of the leased buildings and associated 

21 property. 

22 (3) ACCOUNTABILITY AND RESULTS.—The Secretary shall develop 

23 procedures for the use of the special account that ensure accountability 

24 and demonstrated results consistent with this section and sections 

25 100101(b), 100502, 100507, 100751(b), 100754, 100901(b) and (c), 

26 100906(a) and (d), 101302(b)(1) and (c) to (e), 101306, 101702(b) 

27 and (c), 101901, 102701, and 102702 of this title. 

28 (f) REGULATIONS.—The Secretary shall prescribe regulations imple29 menting this section that include provisions to encourage and facilitate com30 petition in the leasing process and provide for timely and adequate public 

31 comment. 

32 Chapter 1023—Programs and 

33 Organizations 

Sec. 

102301. Volunteers in parks program. 

102302. National Capital region arts and cultural affairs. 

102303. National Park System Advisory Board. 

102304. National Park Service Advisory Council. 

34 § 102301. Volunteers in parks program 

35 (a) ESTABLISHMENT.—The Secretary may recruit, train, and accept, 

36 without regard to chapter 51 and subchapter III of chapter 53 of title 5 

37 or regulations prescribed under that chapter or subchapter, the services of 

38 individuals without compensation as volunteers for or in aid of interpretive 

73 

•HR 1950 EH 

1 functions or other visitor services or activities in and related to System units 

2 and related areas. In accepting those services, the Secretary shall not permit 

3 the use of volunteers in hazardous duty or law enforcement work or in pol4 icymaking processes, or to displace any employee. The services of individuals 

5 whom the Secretary determines are skilled in performing hazardous activi6 ties may be accepted. 

7 (b) INCIDENTAL EXPENSES.—The Secretary may provide for incidental 

8 expenses of volunteers, such as transportation, uniforms, lodging, and sub9 sistence. 

10 (c) FEDERAL EMPLOYEE STATUS FOR VOLUNTEERS.— 

11 (1) EMPLOYMENT STATUS OF VOLUNTEERS.—Except as otherwise 

12 provided in this section, a volunteer shall not be deemed a Federal em13 ployee and shall not be subject to the provisions of law relating to Fed14 eral employment, including those relating to hours of work, rates of 

15 compensation, leave, unemployment compensation, and Federal em16 ployee benefits. 

17 (2) TORT CLAIMS.—For the purpose of sections 1346(b) and 

18 2401(b) and chapter 171 of title 28, a volunteer under this chapter 

19 shall be deemed a Federal employee. 

20 (3) VOLUNTEERS DEEMED CIVIL EMPLOYEES.—For the purposes of 

21 subchapter I of chapter 81 of title 5, volunteers under this chapter 

22 shall be deemed civil employees of the United States within the mean23 ing of the term ‘‘employee’’ as defined in section 8101 of title 5, and 

24 subchapter I of chapter 81 of title 5 shall apply. 

25 (4) COMPENSATION FOR LOSSES AND DAMAGES.—For the purpose of 

26 claims relating to damage to, or loss of, personal property of a volun27 teer incident to volunteer service, a volunteer under this chapter shall 

28 be deemed a Federal employee, and section 3721 of title 31 shall apply. 

29 (d) AUTHORIZATION OF APPROPRIATIONS.—There is authorized to be ap30 propriated to carry out this section not more than $3,500,000 for each fis31 cal year. 

32 § 102302. National Capital region arts and cultural affairs 

33 (a) ESTABLISHMENT.—There is under the direction of the Service a pro34 gram to support and enhance artistic and cultural activities in the National 

35 Capital region. 

36 (b) GRANT ELIGIBILITY.— 

37 (1) ELIGIBLE ORGANIZATIONS.—Eligibility for grants shall be lim38 ited to organizations— 

39 (A) that are of demonstrated national significance; and 

40 (B) that meet at least 2 of the criteria stated in paragraph (2). 

74 

•HR 1950 EH 

1 (2) CRITERIA.—The criteria referred to in paragraph (1) are the fol2 lowing: 

3 (A) The organization has an annual operating budget in excess 

4 of $1,000,000. 

5 (B) The organization has an annual audience or visitation of at 

6 least 200,000 people. 

7 (C) The organization has a paid staff of at least 100 individ8 uals. 

9 (D) The organization is eligible under section 320102(f) of this 

10 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 § 102303. 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 established a National 

31 Park System Advisory Board, whose purpose is to advise the Director on 

32 matters relating to the Service, the System, and programs administered by 

33 the Service. The Board shall advise the Director on matters submitted to 

34 the Board by the Director as well as any other issues identified by the 

35 Board. 

36 (c) MEMBERSHIP.— 

37 (1) APPOINTMENT AND TERM OF OFFICE.—Members of the Board 

38 shall be appointed on a staggered term basis by the Secretary for a 

39 term not to exceed 4 years and shall serve at the pleasure of the Sec40 retary. 

75 

•HR 1950 EH 

1 (2) COMPOSITION.—The Board shall be composed of no more than 

2 12 persons, appointed from among citizens of the United States having 

3 a demonstrated commitment to the mission of the Service. Board mem4 bers shall be selected to represent various geographic regions, including 

5 each of the administrative regions of the Service. At least 6 of the 

6 members shall have outstanding expertise in one or more of the fol7 lowing fields: history, archeology, anthropology, historical or landscape 

8 architecture, biology, ecology, geology, marine science, or social science. 

9 At least 4 of the members shall have outstanding expertise and prior 

10 experience in the management of national or State parks or protected 

11 areas, or natural or cultural resources management. The remaining 

12 members shall have outstanding expertise in one or more of the areas 

13 described above or in another professional or scientific discipline, such 

14 as financial management, recreation use management, land use plan15 ning, or business management, important to the mission of the Service. 

16 At least one individual shall be a locally elected official from an area 

17 adjacent to a park. 

18 (3) FIRST MEETING.—The Board shall hold its 1st meeting no later 

19 than 60 days after the date on which all members of the Board who 

20 are to be appointed have been appointed. 

21 (4) VACANCY.—Any vacancy in the Board shall not affect its powers, 

22 but shall be filled in the same manner in which the original appoint23 ment was made. 

24 (5) COMPENSATION.—All members of the Board shall be reimbursed 

25 for travel and per diem in lieu of subsistence expenses during the per26 formance of duties of the Board while away from home or their regular 

27 place of business, in accordance with subchapter I of chapter 57 of title 

28 5. With the exception of travel and per diem, a member of the Board 

29 who otherwise is an officer or employee of the United States Govern30 ment shall serve on the Board without additional compensation. 

31 (d) DUTIES AND POWERS OF BOARD.— 

32 (1) ADOPT RULES.—The Board may adopt such rules as may be nec33 essary to establish its procedures and to govern the manner of its oper34 ations, organization, and personnel. 

35 (2) ADVICE AND RECOMMENDATIONS.—The Board shall advise the 

36 Secretary on matters relating to the System, to other related areas, 

37 and to the administration of chapter 3201 of this title, including mat38 ters submitted to it for consideration by the Secretary, but it shall not 

39 be required to provide recommendations as to the suitability or desir40 ability of surplus real and related personal property for use as a his41 toric monument. The Board shall also provide recommendations on the 

76 

•HR 1950 EH 

1 designation of national historic landmarks and national natural land2 marks. The Board is strongly encouraged to consult with the major 

3 scholarly and professional organizations in the appropriate disciplines 

4 in making the recommendations. 

5 (3) ACTIONS ON REQUEST OF DIRECTOR.—On request of the Direc6 tor, the Board is authorized to— 

7 (A) hold such hearings and sit and act at such times; 

8 (B) take such testimony; 

9 (C) have such printing and binding done; 

10 (D) enter into such contracts and other arrangements; 

11 (E) make such expenditures; and 

12 (F) take such other actions 

13 as the Board may consider advisable. 

14 (4) OATHS OR AFFIRMATIONS.—Any member of the Board may ad15 minister oaths or affirmations to witnesses appearing before the Board. 

16 (5) COMMITTEES AND SUBCOMMITTEES.—The Board may establish 

17 committees or subcommittees. The subcommittees or committees shall 

18 be chaired by a voting member of the Board. 

19 (6) USE OF MAILS.—The Board may use the United States mails in 

20 the same manner and under the same conditions as other departments 

21 and agencies in the United States. 

22 (e) STAFF.—The Secretary may hire 2 full-time staffers to meet the 

23 needs of the Board. 

24 (f) FEDERAL LAW NOT APPLICABLE TO SERVICE.—Service as a member 

25 of the Board shall not be deemed service or employment bringing the indi26 vidual within the provisions of any Federal law relating to conflicts of inter27 est or otherwise imposing restrictions, requirements, or penalties relating to 

28 the employment of individuals, the performance of services, or the payment 

29 or receipt of compensation in connection with claims, proceedings, or mat30 ters involving the United States. Service as a member or an employee of 

31 the Board shall not be deemed service in an appointive or elective position 

32 in the Federal Government for purposes of section 8344 of title 5 or com33 parable provisions of Federal law. 

34 (g) COOPERATION OF FEDERAL AGENCIES.— 

35 (1) INFORMATION.—The Board may secure directly from any office, 

36 department, agency, establishment, or instrumentality of the Federal 

37 Government such information as the Board may require for the pur38 pose of this section, and each office, department, agency, establish39 ment, or instrumentality shall furnish, to the extent permitted by law, 

40 the information, suggestions, estimates, and statistics directly to the 

41 Board, on request made by a member of the Board. 

77 

•HR 1950 EH 

1 (2) FACILITIES AND SERVICES.—On request of the Board, the head 

2 of any Federal department, agency, or instrumentality may make any 

3 of the facilities and services of the department, agency, or instrumen4 tality available to the Board, on a nonreimbursable basis, to assist the 

5 Board in carrying out its duties under this section. 

6 (h) FEDERAL ADVISORY COMMITTEE ACT.—The Federal Advisory Com7 mittee Act (5 U.S.C. App.), with the exception of section 14(b), applies to 

8 the Board. 

9 (i) TERMINATION.—The Board continues to exist until January 1, 2010. 

10 § 102304. National Park Service Advisory Council 

11 (a) DEFINITIONS.—In this section: 

12 (1) BOARD.—The term ‘‘Board’’ means the National Park System 

13 Advisory Board established under section 102303 of this title. 

14 (2) COUNCIL.—The term ‘‘Council’’ means the National Park Serv15 ice Advisory Council established under subsection (b). 

16 (b) ESTABLISHMENT AND PURPOSE.—There is established a National 

17 Park Service Advisory Council that shall provide advice and counsel to the 

18 Board. 

19 (c) MEMBERSHIP.— 

20 (1) ELIGIBILITY.—Membership on the Council shall be limited to in21 dividuals whose term on the Board has expired. Those individuals may 

22 serve as long as they remain active except that not more than 12 mem23 bers may serve on the Council at any one time. 

24 (2) COMPENSATION.—Members of the Council shall receive no salary 

25 but may be paid expenses incidental to travel when engaged in dis26 charging their duties as members. 

27 (d) VOTING RESTRICTION.—Members of the Council shall not have a vote 

28 on the Board. 

29 Chapter 1025—Museums 

Sec. 

102501. Purpose. 

102502. Definition of museum object. 

102503. Authority of Secretary. 

102504. Review and approval. 

30 § 102501. Purpose 

31 The purpose of this chapter is to increase the public benefits from muse32 ums established within System units as a means of informing the public 

33 concerning the areas and preserving valuable objects and relics relating to 

34 the areas. 

35 § 102502. Definition of museum object 

36 In this chapter: 

37 (1) IN GENERAL.—The term ‘‘museum object’’ means an object 

38 that— 

78 

•HR 1950 EH 

1 (A) typically is movable; and 

2 (B) is eligible to be, or is made part of, a museum, library, or 

3 archive collection through a formal procedure, such as 

4 accessioning. 

5 (2) INCLUSIONS.—The term ‘‘museum object’’ includes a prehistoric 

6 or historic artifact, work of art, book, document, photograph, or nat7 ural history specimen. 

8 § 102503. Authority of Secretary 

9 (a) IN GENERAL.—Notwithstanding other provisions or limitations of law, 

10 the Secretary may perform the functions described in this section in the 

11 manner that the Secretary considers to be in the public interest. 

12 (b) DONATIONS AND BEQUESTS.—The Secretary may accept donations 

13 and bequests of money or other personal property, and hold, use, expend, 

14 and administer the money or other personal property for purposes of this 

15 chapter. 

16 (c) PURCHASES.—The Secretary may purchase museum objects and other 

17 personal property at prices that the Secretary considers to be reasonable. 

18 (d) EXCHANGES.—The Secretary may make exchanges by accepting mu19 seum objects and other personal property and by granting in exchange for 

20 the museum objects or other personal property museum property under the 

21 administrative jurisdiction of the Secretary that no longer is needed or that 

22 may be held in duplicate among the museum properties administered by the 

23 Secretary. Exchanges shall be consummated on a basis that the Secretary 

24 considers to be equitable and in the public interest. 

25 (e) ACCEPTANCE OF LOANS OF PROPERTY.—The Secretary may accept 

26 the loan of museum objects and other personal property and pay transpor27 tation costs incidental to the museum objects or other personal property. 

28 Loans shall be accepted on terms and conditions that the Secretary con29 siders necessary. 

30 (f) LOANS OF PROPERTY.—The Secretary may loan to responsible public 

31 or private organizations, institutions, or agencies, without cost to the United 

32 States, such museum objects and other personal property as the Secretary 

33 shall consider advisable. Loans shall be made on terms and conditions that 

34 the Secretary considers necessary to protect the public interest in those 

35 properties. 

36 (g) TRANSFER OF MUSEUM OBJECTS.—The Secretary may transfer mu37 seum objects that the Secretary determines are no longer needed for mu38 seum purposes to qualified Federal agencies, including the Smithsonian In39 stitution, that have programs to preserve and interpret cultural or natural 

40 heritage, and accept the transfer of museum objects for the purposes of this 

41 chapter from any other Federal agency, without reimbursement. The head 

79 

•HR 1950 EH 

1 of any other Federal agency may transfer, without reimbursement, museum 

2 objects directly to the administrative jurisdiction of the Secretary for the 

3 purpose of this chapter. 

4 (h) CONVEYANCE OF MUSEUM OBJECTS.—The Secretary may convey mu5 seum objects that the Secretary determines are no longer needed for mu6 seum purposes, without monetary consideration but subject to such terms 

7 and conditions as the Secretary considers necessary, to private institutions 

8 exempt from Federal taxation under section 501(c)(3) of the Internal Rev9 enue Code of 1986 (26 U.S.C. 501(c)(3)) and to non-Federal governmental 

10 entities if the Secretary determines that the recipient is dedicated to the 

11 preservation and interpretation of natural or cultural heritage and is quali12 fied to manage the property, prior to any conveyance under this subsection 

13 and subsection (g). 

14 (i) DESTRUCTION OF MUSEUM OBJECTS.—The Secretary may destroy or 

15 cause to be destroyed museum objects that the Secretary determines to have 

16 no scientific, cultural, historic, educational, esthetic, or monetary value. 

17 § 102504. Review and approval 

18 The Secretary shall ensure that museum objects are treated in a careful 

19 and deliberate manner that protects the public interest. Prior to taking any 

20 action under subsection (g), (h), or (i) of section 102503 of this title, the 

21 Secretary shall establish a systematic review and approval process, including 

22 consultation with appropriate experts, that meets the highest standards of 

23 the museum profession for all actions taken under those subsections. 

24 Chapter 1027—Law Enforcement and 

25 Emergency Assistance 

Subchapter I—Law Enforcement 

Sec. 

102701. Law enforcement personnel within System. 

102702. Crime prevention assistance. 

Subchapter II—Emergency Assistance 

102711. Authority of Secretary to use applicable appropriations for the System to render assistance to nearby law enforcement and fire prevention agencies and for related 

activities outside the System. 

102712. Aid to visitors, grantees, permittees, or licensees in emergencies. 

26 Subchapter I—Law Enforcement 

27 § 102701. Law enforcement personnel within System 

28 (a) OFFICERS AND EMPLOYEES OF THE DEPARTMENT OF THE INTE29 RIOR.— 

30 (1) DESIGNATION AUTHORITY OF SECRETARY.—The Secretary, pur31 suant to standards prescribed in regulations by the Secretary, may des32 ignate certain officers or employees of the Department of the Interior 

33 who shall maintain law and order and protect individuals and property 

34 within System units. 

80 

•HR 1950 EH 

1 (2) POWERS AND DUTIES OF DESIGNEES.—In the performance of 

2 the duties described in paragraph (1), the designated officers or em3 ployees may— 

4 (A) carry firearms; 

5 (B) make arrests without warrant for any offense against the 

6 United States committed in the presence of the officer or em7 ployee, or for any felony cognizable under the laws of the United 

8 States if the officer or employee has reasonable grounds to believe 

9 that the individual to be arrested has committed or is committing 

10 the felony, provided the arrests occur within the System or the in11 dividual to be arrested is fleeing from the System to avoid arrest; 

12 (C) execute any warrant or other process issued by a court or 

13 officer of competent jurisdiction for the enforcement of the provi14 sions of any Federal law or regulation issued pursuant to law aris15 ing out of an offense committed in the System or, where the indi16 vidual subject to the warrant or process is in the System, in con17 nection with any Federal offense; and 

18 (D) conduct investigations of offenses against the United States 

19 committed in the System in the absence of investigation of the of20 fenses by any other Federal law enforcement agency having inves21 tigative jurisdiction over the offense committed or with the concur22 rence of the other agency. 

23 (b) SPECIAL POLICE OFFICERS.— 

24 (1) IN GENERAL.—The Secretary may designate officers and employ25 ees of any other Federal agency, or law enforcement personnel of a 

26 State or political subdivision of a State, when determined to be eco27 nomical and in the public interest and with the concurrence of that 

28 agency, State, or subdivision, to— 

29 (A) act as special police officers in System units when supple30 mental law enforcement personnel may be needed; and 

31 (B) exercise the powers and authority provided by subpara32 graphs (A) to (D) of subsection (a)(2). 

33 (2) COOPERATION WITH STATES AND POLITICAL SUBDIVISIONS.— 

34 The Secretary may— 

35 (A) cooperate, within the System, with any State or political 

36 subdivision of a State in the enforcement of supervision of the 

37 laws or ordinances of that State or subdivision; 

38 (B) mutually waive, in any agreement pursuant to subpara39 graph (A) and paragraph (1) or pursuant to subparagraphs (A) 

40 and (B) of subsection (a)(2) with any State or political subdivision 

41 of a State where State law requires the waiver and indemnificaVerDate Nov 24 2008 11:59 Aug 02, 2012 Jkt 000000 PO 00000 Frm 00080 Fmt 6652 Sfmt 6221 Z:\ENGROSS\H1950.EH CLERK
81 

•HR 1950 EH 

1 tion, all civil claims against all the other parties to the agreement 

2 and, subject to available appropriations, indemnify and save harm3 less the other parties to the agreement from all claims by third 

4 parties for property damage or personal injury, that may arise out 

5 of the parties’ activities outside their respective jurisdictions under 

6 the agreement; and 

7 (C) provide limited reimbursement, to a State or political sub8 divisions of a State, in accordance with such regulations as the 

9 Secretary may prescribe, where the State has ceded concurrent 

10 legislative jurisdiction over the affected area of the System, for ex11 penditures incurred in connection with its activities within the Sys12 tem that were rendered pursuant to paragraph (1). 

13 (3) SUPPLEMENTAL AUTHORITY; DELEGATION OF SERVICE LAW EN14 FORCEMENT RESPONSIBILITIES NOT AUTHORIZED.—Paragraphs (1) 

15 and (2) supplement the law enforcement responsibilities of the Service 

16 and do not authorize the delegation of law enforcement responsibilities 

17 of the Service to State or local governments. 

18 (4) SPECIAL POLICE OFFICERS NOT DEEMED FEDERAL EMPLOY19 EES.— 

20 (A) IN GENERAL.—Except as otherwise provided in this sub21 section, a law enforcement officer of a State or political subdivi22 sion of a State designated to act as a special police officer under 

23 paragraph (1) shall not be deemed a Federal employee and shall 

24 not be subject to the provisions of law relating to Federal employ25 ment, including those relating to hours of work, rates of com26 pensation, leave, unemployment compensation, and Federal bene27 fits. 

28 (B) EXCEPTIONS.—A law enforcement officer of a State or po29 litical subdivision of a State, when acting as a special police officer 

30 under paragraph (1), is deemed to be— 

31 (i) a Federal employee for purposes of sections 1346(b) 

32 and 2401(b) and chapter 171 of title 28; and 

33 (ii) a civil service employee of the United States within the 

34 meaning of the term ‘‘employee’’ as defined in section 8101 

35 of title 5, for purposes of subchapter I of chapter 81 of title 

36 5, relating to compensation to Federal employees for work in37 juries, and the provisions of subchapter I of chapter 81 of 

38 title 5 shall apply. 

39 (c) FEDERAL INVESTIGATIVE JURISDICTION AND STATE CIVIL AND

40 CRIMINAL JURISDICTION NOT PREEMPTED.—This section and sections 

41 100101(b), 100502, 100507, 100751(b), 100754, 100901(b) and (c), 

82 

•HR 1950 EH 

1 100906(a) and (d), 101302(b)(1) and (c) to (e), 101306, 101702(b) and 

2 (c), 101901, 102102, and 102702 of this title shall not be construed or ap3 plied to limit or restrict the investigative jurisdiction of any Federal law en4 forcement agency other than the Service, and nothing shall be construed or 

5 applied to affect any right of a State or political subdivision of a State to 

6 exercise civil and criminal jurisdiction within the System. 

7 § 102702. Crime prevention assistance 

8 (a) RECOMMENDATIONS FOR IMPROVEMENT.—The Secretary shall direct 

9 the chief official responsible for law enforcement within the Service to— 

10 (1) compile a list of System units with the highest rates of violent 

11 crime; 

12 (2) make recommendations concerning capital improvements, and 

13 other measures, needed within the System to reduce the rates of violent 

14 crime, including the rate of sexual assault; and 

15 (3) publish the information required by paragraphs (1) and (2) in 

16 the Federal Register. 

17 (b) DISTRIBUTION OF FUNDS.—Based on the recommendations and list 

18 issued pursuant to subsection (a), the Secretary shall distribute the funds 

19 authorized by subsection (d) throughout the System. Priority shall be given 

20 to areas with the highest rates of sexual assault. 

21 (c) USE OF FUNDS.—Funds provided under this section may be used— 

22 (1) to increase lighting within or adjacent to System units; 

23 (2) to provide emergency phone lines to contact law enforcement or 

24 security personnel in areas within or adjacent to System units; 

25 (3) to increase security or law enforcement personnel within or adja26 cent to System units; or 

27 (4) for any other project intended to increase the security and safety 

28 of System units. 

29 (d) AUTHORIZATION OF APPROPRIATIONS.—There is authorized to be ap30 propriated out of the Violent Crime Reduction Trust Fund not more than 

31 $10,000,000 for the Secretary to take all necessary actions to seek to re32 duce the incidence of violent crime in the System. 

33 Subchapter II—Emergency Assistance 

34 § 102711. Authority of Secretary to use applicable appro35 priations for the System to render assistance to 

36 nearby law enforcement and fire prevention agen37 cies and for related activities outside the System 

38 To facilitate the administration of the System, the Secretary may use ap39 plicable appropriations for the System to render emergency rescue, fire40 fighting, and cooperative assistance to nearby law enforcement and fire pre41 vention agencies and for related purposes outside the System. 

83 

•HR 1950 EH 

1 § 102712. Aid to visitors, grantees, permittees, or licensees 

2 in emergencies 

3 (a) VISITORS.—The Secretary may aid visitors within a System unit in 

4 an emergency, when no other source is available for the procurement of food 

5 or supplies, by the sale, at cost, of food or supplies in quantities sufficient 

6 to enable the visitors to reach safely a point where food or supplies can be 

7 purchased. Receipts from the sales shall be deposited as a refund to the ap8 propriation current at the date of the deposit and shall be available for the 

9 purchase of similar food or supplies. 

10 (b) GRANTEES, PERMITTEES, AND LICENSEES.—The Secretary may in 

11 an emergency, when no other source is available for the immediate procure12 ment of supplies, materials, or special services, aid grantees, permittees, or 

13 licensees conducting operations for the benefit of the public in a System unit 

14 by the sale, at cost, including transportation and handling, of supplies, ma15 terials, or special services as may be necessary to relieve the emergency and 

16 ensure uninterrupted service to the public. Receipts from the sales shall be 

17 deposited as a refund to the appropriation current at the date of the deposit 

18 and shall be available for expenditure for System unit purposes. 

19 Chapter 1029—Land Transfers 

Sec. 

102901. Conveyance of property and interests in property in System units or related areas. 

20 § 102901. Conveyance of property and interests in property 

21 in System units or related areas 

22 (a) FREEHOLD AND LEASEHOLD INTERESTS.—With respect to any prop23 erty acquired by the Secretary within a System unit or related area, except 

24 property within national parks or within national monuments of scientific 

25 significance, the Secretary may convey a freehold or leasehold interest in the 

26 property, subject to such terms and conditions as will ensure the use of the 

27 property in a manner that is, in the judgment of the Secretary, consistent 

28 with the purpose for which the System unit or related area was authorized 

29 by Congress. The Secretary shall convey the interest to the highest bidder, 

30 in accordance with such regulations as the Secretary may prescribe. The 

31 conveyance shall be at not less than the fair market value of the interest, 

32 as determined by the Secretary, except that if the conveyance is proposed 

33 within 2 years after the property to be conveyed is acquired by the Sec34 retary, the Secretary shall allow the last owner of record of the property 

35 30 days following the date on which the owner is notified by the Secretary 

36 in writing that the property is to be conveyed within which to notify the 

37 Secretary that the owner wishes to acquire the interest. On receiving the 

38 timely request, the Secretary shall convey the interest to the person, in ac39 cordance with such regulations as the Secretary may prescribe, on payment 

40 or agreement to pay an amount equal to the highest bid price. 

84 

•HR 1950 EH 

1 (b) EXCHANGE OF LAND.— 

2 (1) IN GENERAL.—The Secretary may accept title to any non-Fed3 eral property or interest in property within a System unit or related 

4 area under the Secretary’s administration in exchange for any Feder5 ally-owned property or interest under the Secretary’s jurisdiction that 

6 the Secretary determines is suitable for exchange or other disposal and 

7 that is located in the same State as the non-Federal property to be ac8 quired. 

9 (2) EXCEPTION.—Timberland subject to harvest under a sustained 

10 yield program shall not be exchanged under paragraph (1). 

11 (3) PUBLIC HEARING.—On request of a State or a political subdivi12 sion thereof, or of a party in interest, prior to an exchange under this 

13 subsection the Secretary shall hold a public hearing in the area where 

14 the properties to be exchanged are located. 

15 (4) VALUES OF PROPERTIES EXCHANGED.—The values of the prop16 erties exchanged— 

17 (A) shall be approximately equal; or 

18 (B) if they are not approximately equal, shall be equalized by 

19 the payment of cash to the grantor from funds appropriated for 

20 the acquisition of land for the area, or to the Secretary, as the 

21 circumstances require. 

22 (c) PROCEEDS CREDITED TO LAND AND WATER CONSERVATION

23 FUND.—The proceeds received from any conveyance under this section shall 

24 be credited to the Land and Water Conservation Fund. 

25 Chapter 1031—Appropriations and 

26 Accounting 

Sec. 

103101. Availability and use of appropriations. 

103102. Appropriations authorized and available for certain purposes. 

103103. Amounts provided by private entities for utility services. 

103104. Recovery of costs associated with special use permits. 

27 § 103101. Availability and use of appropriations 

28 (a) CREDITS OF RECEIPTS FOR MEALS AND QUARTERS FURNISHED

29 FEDERAL GOVERNMENT EMPLOYEES IN THE FIELD.—Cash collections and 

30 payroll deductions made for meals and quarters furnished by the Service to 

31 employees of the Federal Government in the field and to cooperating agen32 cies may be credited as a reimbursement to the current appropriation for 

33 the administration of the System unit in which the accommodations are fur34 nished. 

35 (b) AVAILABILITY FOR EXPENSE OF RECORDING DONATED LAND.—Ap36 propriations made for the Service shall be available for any expenses inci37 dent to the preparation and recording of title evidence covering land to be 

38 donated to the United States for administration by the Service. 

85 

•HR 1950 EH 

1 (c) USE OF FUNDS FOR LAW ENFORCEMENT AND EMERGENCIES.— 

2 (1) IN GENERAL.—Funds, not to exceed $250,000 per incident, 

3 available to the Service may be used, with the approval of the Sec4 retary, to— 

5 (A) maintain law and order in emergency and other unforeseen 

6 law enforcement situations; and 

7 (B) conduct emergency search and rescue operations in the Sys8 tem. 

9 (2) REPLENISHMENT OF FUNDS.—If the Secretary expends funds 

10 under paragraph (1), the funds shall be replenished by a supplemental 

11 appropriation for which the Secretary shall make a request as promptly 

12 as possible. 

13 (d) CONTRIBUTION FOR ANNUITY BENEFITS.— 

14 (1) IN GENERAL.—Necessary amounts are appropriated for reim15 bursement, pursuant to the Policemen and Firemen’s Retirement and 

16 Disability Act amendments of 1957 (Public Law 85–157, 71 Stat. 

17 391), to the District of Columbia on a monthly basis for benefit pay18 ments by the District of Columbia to United States Park Police annu19 itants under section 12 of the Policemen and Firemen’s Retirement 

20 and Disability Act (ch. 433, 39 Stat. 718), to the extent that those 

21 payments exceed contributions made by active Park Police members 

22 covered under the Policemen and Firemen’s Retirement and Disability 

23 Act. 

24 (2) NONAVAILABILITY OF APPROPRIATIONS TO THE SERVICE.—Ap25 propriations made to the Service are not available for the purpose of 

26 making reimbursements under paragraph (1). 

27 (e) WATERPROOF FOOTWEAR.—Appropriations for the Service that are 

28 available for the purchase of equipment may be used for purchase of water29 proof footwear, which shall be regarded and listed as System equipment. 

30 § 103102. Appropriations authorized and available for cer31 tain purposes 

32 Appropriations for the Service are authorized and are available for— 

33 (1) administration, protection, improvement, and maintenance of 

34 areas, under the jurisdiction of other Federal agencies, that are devoted 

35 to recreational use pursuant to cooperative agreements; 

36 (2) necessary local transportation and subsistence in kind of individ37 uals selected for employment or as cooperators, serving without other 

38 compensation, while attending fire protection training camps; 

39 (3) administration, protection, maintenance, and improvement of the 

40 Chesapeake and Ohio Canal; 

86 

•HR 1950 EH 

1 (4) educational lectures in or in the vicinity of and with respect to 

2 System units, and services of field employees in cooperation with such 

3 nonprofit scientific and historical societies engaged in educational work 

4 in System units as the Secretary may designate; 

5 (5) travel expenses of employees attending— 

6 (A) Federal Government camps for training in forest fire pre7 vention and suppression; 

8 (B) the Federal Bureau of Investigation National Police Acad9 emy; and 

10 (C) Federal, State, or municipal schools for training in building 

11 fire prevention and suppression; 

12 (6) investigation and establishment of water rights in accordance 

13 with local custom, laws, and decisions of courts, including the acquisi14 tion of water rights or of land or interests in land or rights-of-way for 

15 use and protection of water rights necessary or beneficial in the admin16 istration and public use of System units; 

17 (7) official telephone service in the field in the case of official tele18 phones installed in private houses when authorized under regulations 

19 established by the Secretary; and 

20 (8) provision of transportation for children in nearby communities to 

21 and from any System unit used in connection with organized recreation 

22 and interpretive programs of the Service. 

23 § 103103. Amounts provided by private entities for utility 

24 services 

25 Notwithstanding any other provision of law, amounts provided to the 

26 Service by private entities for utility services shall be credited to the appro27 priate account and remain available until expended. 

28 § 103104. Recovery of costs associated with special use per29 mits 

30 Notwithstanding any other provision of law, the Service may recover all 

31 costs of providing necessary services associated with special use permits. 

32 The reimbursements shall be credited to the appropriation current at that 

33 time. 

34 Chapter 1033—National Military Parks 

Sec. 

103301. Military maneuvers. 

103302. Camps for military instruction. 

103303. Performance of duties of commissions. 

103304. Recovery of land withheld. 

103305. Travel expenses incident to study of battlefields. 

103306. Studies. 

35 § 103301. Military maneuvers 

36 To obtain practical benefits of great value to the country from the es37 tablishment of national military parks, the parks and their approaches are 

87 

•HR 1950 EH 

1 declared to be national fields for military maneuvers for the Regular Army 

2 or Regular Air Force and the National Guard or militia of the States. Na3 tional military parks shall be opened for those purposes only in the discre4 tion of the Secretary, and under such regulations as the Secretary may pre5 scribe. 

6 § 103302. Camps for military instruction 

7 (a) ASSEMBLING OF FORCES AND DETAILING OF INSTRUCTORS.—The 

8 Secretary of the Army or Secretary of the Air Force, within the limits of 

9 appropriations that may be available for that purpose, may assemble in 

10 camp at such season of the year and for such period as the Secretary of 

11 the Army or Secretary of the Air Force may designate, at the field of mili12 tary maneuvers, such portions of the military forces of the United States 

13 as the Secretary of the Army or Secretary of the Air Force may think best, 

14 to receive military instruction there. The Secretary of the Army of Secretary 

15 of the Air Force may detail instructors from the Regular Army or Regular 

16 Air Force, respectively, for those forces during their exercises. 

17 (b) REGULATIONS.—The Secretary of the Army or Secretary of the Air 

18 Force may prescribe regulations governing the assembling of the National 

19 Guard or militia of the States on the maneuvering grounds. 

20 § 103303. Performance of duties of commissions 

21 The duties of commissions in charge of national military parks shall be 

22 performed under the direction of the Secretary. 

23 § 103304. Recovery of land withheld 

24 (a) CIVIL ACTION.—The United States may bring a civil action in the 

25 courts of the United States against a person to whom land lying within a 

26 national military park has been leased that refuses to give up possession of 

27 the land to the United States after the termination of the lease, and after 

28 possession has been demanded for the United States by the park super29 intendent, or against a person retaining possession of land lying within the 

30 boundary of a national military park that the person has sold to the United 

31 States for park purposes and received payment therefor, after possession of 

32 the land has been demanded for the United States by the park super33 intendent, to recover possession of the land withheld. The civil action shall 

34 be brought according to the statutes of the State in which the national mili35 tary park is situated. 

36 (b) TRESPASS.—A person described in subsection (a) shall be guilty of 

37 trespass. 

38 § 103305. Travel expenses incident to study of battlefields 

39 Mileage of officers of the Army and actual expenses of civilian employees 

40 traveling on duty in connection with the studies, surveys, and field investigaVerDate Nov 24 2008 11:59 Aug 02, 2012 Jkt 000000 PO 00000 Frm 00087 Fmt 6652 Sfmt 6221 Z:\ENGROSS\H1950.EH CLERK
88 

•HR 1950 EH 

1 tions of battlefields shall be paid from the appropriations made to meet ex2 penses for those purposes. 

3 § 103306. Studies 

4 (a) STUDY OF BATTLEFIELDS FOR COMMEMORATIVE PURPOSES.—The 

5 Secretary of the Army may make studies and investigations and, where nec6 essary, surveys of all battlefields within the continental limits of the United 

7 States on which troops of the United States or of the original 13 colonies 

8 have been engaged against a common enemy, with a view to preparing a 

9 general plan and such detailed projects as may be required for properly 

10 commemorating such battlefields or other adjacent points of historic and 

11 military interest. 

12 (b) INCLUSION OF ESTIMATE OF COST OF PROJECTED SURVEYS IN AP13 PROPRIATION ESTIMATES.—The Secretary of the Army shall include annu14 ally in the Department of the Interior appropriation estimates a list of the 

15 battlefields for which surveys or other field investigations are planned for 

16 the fiscal year in question, with the estimated cost of making each survey 

17 or other field investigation. 

18 (c) PURCHASE OF REAL ESTATE FOR NATIONAL MILITARY PARK PUR19 POSES.—No real estate shall be purchased for national military park pur20 poses by the Federal Government unless a report on the real estate has been 

21 made by the Secretary of the Army through the President to Congress 

22 under subsection (d). 

23 (d) REPORT TO CONGRESS.—The Secretary of the Army, through the 

24 President, shall annually submit to Congress a detailed report of progress 

25 made under this subchapter, with recommendations for further operations. 

26 Chapters 1035 through 1047—Reserved 

27 Chapter 1049—Miscellaneous 

Sec. 

104901. Central warehouses at System units. 

104902. Services or other accommodations for public. 

104903. Care, removal, and burial of indigents. 

104904. Hire of work animals, vehicles, and equipment with or without personal services. 

104905. Preparation of mats for reproduction of photographs. 

104906. Protection of right of individuals to bear arms. 

104907. Limitation on extension or establishment of national parks in Wyoming. 

28 § 104901. Central warehouses at System units 

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

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

31 (b) APPROPRIATIONS.— 

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

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

34 available for the purchase of supplies and materials to be kept in cen35 tral warehouses for distribution at cost, including transportation and 

36 handling, to projects under specific appropriations. 

89 

•HR 1950 EH 

1 (2) TRANSFERS BETWEEN APPROPRIATIONS.— 

2 (A) AUTHORIZATION.—Transfers between the various appro3 priations made for System units are authorized for the purpose of 

4 charging the cost of supplies and materials, including transpor5 tation and handling, drawn from central warehouses maintained 

6 under this authority to the particular appropriation benefited. 

7 (B) AVAILABILITY OF SUPPLIES AND MATERIALS AND TRANS8 FERS IN SUBSEQUENT YEARS.—Supplies and materials that re9 main at the end of any fiscal year shall be continuously available 

10 for issuance during subsequent fiscal years and shall be charged 

11 for by transfers of funds between appropriations made for the ad12 ministration, protection, maintenance, and improvement of System 

13 units for the fiscal year then current without decreasing the ap14 propriations made for that fiscal year. 

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

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

17 the value of storehouse stock beyond reasonable requirements for any cur18 rent fiscal year. 

19 § 104902. Services or other accommodations for public 

20 The Secretary may contract for services or other accommodations pro21 vided in System units for the public under contract with the Department 

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

23 rates approved by the Secretary for the furnishing of those services or ac24 commodations to the Federal Government and without compliance with sec25 tion 6101 of title 41. 

26 § 104903. Care, removal, and burial of indigents 

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

28 expenses of System units, for the temporary care and removal from a Sys29 tem unit of indigents, and in case of death to provide for their burial in 

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

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

32 more than 50 miles from the System unit. 

33 § 104904. Hire of work animals, vehicles, and equipment 

34 with or without personal services 

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

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

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

38 title 41. 

90 

•HR 1950 EH 

1 § 104905. Preparation of mats for reproduction of photo2 graphs 

3 The Secretary shall prepare mats that may be used for the reproduction 

4 in magazines and newspapers of photographs of scenery in a System unit 

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

6 the United States and foreign nations. The mats may be furnished, without 

7 charge and under regulations the Secretary may prescribe, to the publishers 

8 of magazines, newspapers, and any other publications that may carry photo9 graphic reproductions. 

10 § 104906. Protection of right of individuals to bear arms 

11 (a) FINDINGS.—Congress finds the following: 

12 (1) The 2d amendment to the Constitution provides that ‘‘the right 

13 of the people to keep and bear Arms, shall not be infringed’’. 

14 (2) Section 2.4(a)(1) of title 36, Code of Federal Regulations, pro15 vides that ‘‘except as otherwise provided in this section and parts 7 

16 (special regulations) and 13 (Alaska regulations), the following are pro17 hibited: (i) Possessing a weapon, trap or net (ii) Carrying a weapon, 

18 trap or net (iii) Using a weapon, trap or net’’. 

19 (3) The regulations described in paragraph (2) prevent individuals 

20 complying with Federal and State laws from exercising the 2d amend21 ment rights of the individuals while at System units. 

22 (4) The existence of different laws relating to the transportation and 

23 possession of firearms at different System units entrapped law-abiding 

24 gun owners while at System units. 

25 (5) Although the Bush administration issued new regulations relat26 ing to the 2d amendment rights of law-abiding citizens in System units 

27 that went into effect on January 9, 2009— 

28 (A) on March 19, 2009, the United States District Court for 

29 the District of Columbia granted a preliminary injunction with re30 spect to the implementation and enforcement of the new regula31 tions; and 

32 (B) the new regulations— 

33 (i) are under review by the Obama administration; and 

34 (ii) may be altered. 

35 (6) Congress needs to weigh in on the new regulations to ensure that 

36 unelected bureaucrats and judges cannot again override the 2d amend37 ment rights of law-abiding citizens on 83,600,000 acres of System land. 

38 (7) Federal laws should make it clear that the 2d amendment rights 

39 of an individual at a System unit should not be infringed. 

40 (b) PROTECTION OF RIGHT OF INDIVIDUALS TO BEAR ARMS IN SYSTEM

41 UNITS.—The Secretary shall not promulgate or enforce any regulation that 

91 

•HR 1950 EH 

1 prohibits an individual from possessing a firearm, including an assembled 

2 or functional firearm, in any System unit if— 

3 (1) the individual is not otherwise prohibited by law from possessing 

4 the firearm; and 

5 (2) the possession of the firearm is in compliance with the law of 

6 the State in which the System unit is located. 

7 § 104907. Limitation on extension or establishment of na8 tional parks in Wyoming 

9 No extension or establishment of national parks in Wyoming may be un10 dertaken except by express authorization of Congress. 

11 Division B—System Units and Related 

12 Areas—Reserved 

13 Subtitle II—Outdoor Recreation Programs 

14 Chapter 2001—Coordination of Programs 

Sec. 

200101. Findings and declaration of policy. 

200102. Definitions. 

200103. Authority of Secretary to carry out certain functions and activities. 

200104. Consultations of Secretary with administrative officers; execution of administrative 

responsibilities in conformity with nationwide plan. 

15 § 200101. Findings and declaration of policy 

16 Congress finds and declares it is desirable— 

17 (1) that all American people of present and future generations be as18 sured adequate outdoor recreation resources; and 

19 (2) for all levels of government and private interests to take prompt 

20 and coordinated action to the extent practicable without diminishing or 

21 affecting their respective powers and functions to conserve, develop, 

22 and utilize those resources for the benefit and enjoyment of the Amer23 ican people. 

24 § 200102. Definitions 

25 As used in this chapter: 

26 (1) STATE.—The term ‘‘State’’, to the extent practicable, as deter27 mined by the Secretary, includes Puerto Rico, Guam, American Samoa, 

28 the Virgin Islands, and the Northern Mariana Islands. 

29 (2) UNITED STATES.—The term ‘‘United States’’— 

30 (A) includes the District of Columbia; and 

31 (B) to the extent practicable, as determined by the Secretary, 

32 includes Puerto Rico, Guam, American Samoa, the Virgin Islands, 

33 and the Northern Mariana Islands. 

34 § 200103. Authority of Secretary to carry out certain func35 tions and activities 

36 (a) IN GENERAL.—To carry out this chapter, the Secretary may perform 

37 the functions and activities described in this section. 

92 

•HR 1950 EH 

1 (b) INVENTORY AND EVALUATION.—The Secretary may prepare and 

2 maintain a continuing inventory and evaluation of outdoor recreation needs 

3 and resources of the United States. 

4 (c) CLASSIFICATION SYSTEM.—The Secretary may prepare a system for 

5 classification of outdoor recreation resources to assist in the effective and 

6 beneficial use and management of such resources. 

7 (d) RECREATION PLAN.—The Secretary may formulate and maintain a 

8 comprehensive nationwide outdoor recreation plan, taking into consideration 

9 the plans of the various Federal agencies, States, and their political subdivi10 sions. The plan shall set forth the needs and demands of the public for out11 door recreation and the current and foreseeable availability in the future of 

12 outdoor recreation resources to meet those needs. The plan shall identify 

13 critical outdoor recreation problems, recommend solutions, and recommend 

14 desirable actions to be taken at each level of government and by private in15 terests. The Secretary shall submit the plan to the President for transmittal 

16 to Congress. Revisions of the plan shall be similarly transmitted at suc17 ceeding 5-year intervals. When a plan or revision is transmitted to the Con18 gress, the Secretary shall transmit copies to the chief executive officials of 

19 the States. 

20 (e) TECHNICAL ASSISTANCE AND ADVICE.—The Secretary may provide 

21 technical assistance and advice to and cooperate with States, political sub22 divisions, and private interests, including nonprofit organizations, with re23 spect to outdoor recreation. 

24 (f) INTERSTATE AND REGIONAL COOPERATION.—The Secretary may en25 courage interstate and regional cooperation in the planning, acquisition, and 

26 development of outdoor recreation resources. 

27 (g) RESEARCH, INFORMATION, AND EDUCATION PROGRAMS AND ACTIVI28 TIES.—The Secretary may— 

29 (1) sponsor, engage in, and assist in research relating to outdoor 

30 recreation, directly or by contract or cooperative agreements, and make 

31 payments for such purposes without regard to the limitations of section 

32 3324(a) and (b) of title 31 concerning advances of funds when the Sec33 retary considers such action to be in the public interest; 

34 (2) undertake studies and assemble information concerning outdoor 

35 recreation, directly or by contract or cooperative agreement, and dis36 seminate the information without regard to section 3204 of title 39; 

37 and 

38 (3) cooperate with educational institutions and others to assist in es39 tablishing education programs and activities and to encourage public 

40 use and benefits from outdoor recreation. 

41 (h) COOPERATION AND COORDINATION WITH FEDERAL AGENCIES.— 

93 

•HR 1950 EH 

1 (1) IN GENERAL.—The Secretary may— 

2 (A) cooperate with and provide technical assistance to Federal 

3 agencies and obtain from them information, data, reports, advice, 

4 and assistance that are needed and can reasonably be furnished 

5 in carrying out the purposes of this chapter; and 

6 (B) promote coordination of Federal plans and activities gen7 erally relating to outdoor recreation. 

8 (2) FUNDING.—An agency furnishing advice or assistance under this 

9 paragraph may expend its own funds for those purposes, with or with10 out reimbursement, as may be agreed to by that agency. 

11 (i) DONATIONS.—The Secretary may accept and use donations of money, 

12 property, personal services, or facilities for the purposes of this chapter. 

13 § 200104. Consultations of Secretary with administrative of14 ficers; execution of administrative responsibilities 

15 in conformity with nationwide plan 

16 To carry out the policy declared in section 200101 of this title, the heads 

17 of Federal agencies having administrative responsibility over activities or re18 sources the conduct or use of which is pertinent to fulfillment of that policy 

19 shall, individually or as a group— 

20 (1) consult with and be consulted by the Secretary from time to time 

21 both with respect to their conduct of those activities and their use of 

22 those resources and with respect to the activities that the Secretary 

23 carries on under authority of this chapter that are pertinent to their 

24 work; and 

25 (2) carry out that responsibility in general conformance with the na26 tionwide plan authorized under section 200103(d) of this title. 

27 Chapter 2003—Land and Water 

28 Conservation Fund 

Sec. 

200301. Definitions. 

200302. Establishment of Land and Water Conservation Fund. 

200303. Appropriations for expenditure of Fund amounts. 

200304. Statement of estimated requirements. 

200305. Financial assistance to States. 

200306. Allocation of Fund amounts for Federal purposes. 

200307. Availability of Fund amounts for publicity purposes. 

200308. Contracts for acquisition of land and water. 

200309. Contracts for options to acquire land and water in System. 

200310. Transfers to and from Fund. 

29 § 200301. Definitions 

30 In this chapter: 

31 (1) FUND.—The term ‘‘Fund’’ means the Land and Water Con32 servation Fund established under section 200302 of this title. 

94 

•HR 1950 EH 

1 (2) STATE.—The term ‘‘State’’ means a State, the District of Co2 lumbia, Puerto Rico, Guam, American Samoa, the Virgin Islands, and 

3 the Northern Mariana Islands. 

4 § 200302. Establishment of Land and Water Conservation 

5 Fund 

6 (a) ESTABLISHMENT.—There is established in the Treasury the Land 

7 and Water Conservation Fund. 

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

9 shall be deposited in the Fund the following revenues and collections: 

10 (1) All proceeds (except so much thereof as may be otherwise obli11 gated, credited, or paid under authority of the provisions of law set 

12 forth in section 572(a) or 574(a) to (c) of title 40 or under authority 

13 of any appropriation Act that appropriates an amount, to be derived 

14 from proceeds from the transfer of excess property and the disposal of 

15 surplus property, for necessary expenses, not otherwise provided for, in16 cident to the utilization and disposal of excess and surplus property) 

17 received from any disposal of surplus real property and related personal 

18 property under chapter 5 of title 40, notwithstanding any provision of 

19 law that such proceeds shall be credited to miscellaneous receipts of the 

20 Treasury. Nothing in this chapter shall affect existing laws or regula21 tions concerning disposal of real or personal surplus property to 

22 schools, hospitals, and States and their political subdivisions. 

23 (2) The amounts provided for in section 200310 of this title. 

24 (c) AUTHORIZATION OF APPROPRIATIONS.— 

25 (1) IN GENERAL.—In addition to the sum of the revenues and collec26 tions estimated by the Secretary to be deposited in the Fund pursuant 

27 to this section, there are authorized to be appropriated annually to the 

28 Fund out of any money in the Treasury not otherwise appropriated 

29 such amounts as are necessary to make the income of the Fund not 

30 less than $900,000,000 for each fiscal year through September 30, 

31 2015. 

32 (2) RECEIPTS UNDER OUTER CONTINENTAL SHELF LANDS ACT.—To 

33 the extent that amounts appropriated under paragraph (1) are not suf34 ficient to make the total annual income of the Fund equivalent to the 

35 amounts provided in paragraph (1), an amount sufficient to cover the 

36 remainder shall be credited to the Fund from revenues due and payable 

37 to the United States for deposit in the Treasury as miscellaneous re38 ceipts under the Outer Continental Shelf Lands Act (43 U.S.C. 1331 

39 et seq.). 

40 (3) AVAILABILITY OF DEPOSITS.—Notwithstanding section 200303 

41 of this title, money deposited in the Fund under this subsection shall 

95 

•HR 1950 EH 

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

2 chapter. 

3 § 200303. Appropriations for expenditure of Fund amounts 

4 Amounts deposited in the Fund shall be available for expenditure for the 

5 purposes of this chapter only when appropriated for those purposes. The ap6 propriations may be made without fiscal-year limitation. Amounts made 

7 available for obligation or expenditure from the Fund may be obligated or 

8 expended only as provided in this chapter. 

9 § 200304. Statement of estimated requirements 

10 There shall be submitted with the annual budget of the United States a 

11 comprehensive statement of estimated requirements during the ensuing fis12 cal year for appropriations from the Fund. Not less than 40 percent of such 

13 appropriations shall be available for Federal purposes. 

14 § 200305. Financial assistance to States 

15 (a) AUTHORITY OF SECRETARY TO MAKE PAYMENTS.—The Secretary 

16 may provide financial assistance to the States from amounts available for 

17 State purposes. Payments may be made to the States by the Secretary as 

18 provided in this section, subject to such terms and conditions as the Sec19 retary considers appropriate and in the public interest to carry out the pur20 poses of this chapter, for outdoor recreation: 

21 (1) Planning. 

22 (2) Acquisition of land, water, or interests in land or water. 

23 (3) Development. 

24 (b) APPORTIONMENT AMONG STATES.—Amounts appropriated and avail25 able for State purposes for each fiscal year shall be apportioned among the 

26 States by the Secretary, whose determination shall be final, in accordance 

27 with the following formula: 

28 (1) Forty percent of the 1st $225,000,000; 30 percent of the next 

29 $275,000,000; and 20 percent of all additional appropriations shall be 

30 apportioned equally among the States. 

31 (2) At any time, the remaining appropriation shall be apportioned 

32 on the basis of need to individual States by the Secretary in such 

33 amounts as in the Secretary’s judgment will best accomplish the pur34 poses of this chapter. The determination of need shall include consider35 ation of—– 

36 (A) the proportion that the population of each State bears to 

37 the total population of the United States; 

38 (B) the use of outdoor recreation resources of each State by 

39 persons from outside the State; and 

40 (C) the Federal resources and programs in each State. 

96 

•HR 1950 EH 

1 (3) The total allocation to a State under paragraphs (1) and (2) 

2 shall not exceed 10 percent of the total amount allocated to all of the 

3 States in any one year. 

4 (4) The Secretary shall notify each State of its apportionments. The 

5 amounts shall be available for payment to the State for planning, ac6 quisition, or development projects as prescribed. Any amount of any 

7 apportionment that has not been paid or obligated by the Secretary 

8 during the fiscal year in which the notification is given and for 2 fiscal 

9 years thereafter shall be reapportioned by the Secretary in accordance 

10 with paragraph (2) without regard to the 10 percent limitation to an 

11 individual State specified in this subsection. 

12 (5) For the purposes of paragraph (1), the District of Columbia, 

13 Puerto Rico, Guam, American Samoa, the Virgin Islands, and the 

14 Northern Mariana Islands shall be deemed to be one State, and shall 

15 receive shares of the apportionment in proportion to their populations. 

16 (c) MATCHING REQUIREMENTS.—Payments to any State shall cover not 

17 more than 50 percent of the cost of planning, acquisition, or development 

18 projects that are undertaken by the State. The remaining share of the cost 

19 shall be borne by the State in a manner and with funds or services as shall 

20 be satisfactory to the Secretary. 

21 (d) COMPREHENSIVE STATE PLAN.— 

22 (1) REQUIRED FOR CONSIDERATION OF FINANCIAL ASSISTANCE.—A 

23 comprehensive statewide outdoor recreation plan shall be required prior 

24 to the consideration by the Secretary of financial assistance for acquisi25 tion or development projects. The plan shall be adequate if, in the judg26 ment of the Secretary, it encompasses and will promote the purposes 

27 of this chapter. No plan shall be approved unless the chief executive 

28 official of the State certifies that ample opportunity for public partici29 pation in plan development and revision has been accorded. The Sec30 retary shall develop, in consultation with others, criteria for public par31 ticipation, which criteria shall constitute the basis for the certification 

32 by the chief executive official. The plan shall contain— 

33 (A) the name of the State agency that will have authority to 

34 represent and act for the State in dealing with the Secretary for 

35 purposes of this chapter; 

36 (B) an evaluation of the demand for and supply of outdoor 

37 recreation resources and facilities in the State; 

38 (C) a program for the implementation of the plan; and 

39 (D) other necessary information, as determined by the Sec40 retary. 

97 

•HR 1950 EH 

1 (2) FACTORS TO BE CONSIDERED.—The plan shall take into account 

2 relevant Federal resources and programs and shall be correlated so far 

3 as practicable with other State, regional, and local plans. Where there 

4 exists or is in preparation for any particular State a comprehensive 

5 plan financed in part with funds supplied by the Secretary of Housing 

6 and Urban Development, any statewide outdoor recreation plan pre7 pared for purposes of this part shall be based on the same population, 

8 growth, and other pertinent factors as are used in formulating plans 

9 financed by the Secretary of Housing and Urban Development. 

10 (3) PROVISION OF ASSISTANCE WHEN PLAN NOT OTHERWISE AVAIL11 ABLE OR TO MAINTAIN PLAN.—The Secretary may provide financial as12 sistance to any State for projects for the preparation of a comprehen13 sive statewide outdoor recreation plan when the plan is not otherwise 

14 available or for the maintenance of the plan. 

15 (4) WETLANDS.—A comprehensive statewide outdoor recreation plan 

16 shall specifically address wetlands within the State as an important 

17 outdoor recreation resource as a prerequisite to approval, except that 

18 a revised comprehensive statewide outdoor recreation plan shall not be 

19 required by the Secretary, if a State submits, and the Secretary, acting 

20 through the Director, approves, as a part of and as an addendum to 

21 the existing comprehensive statewide outdoor recreation plan, a wet22 lands priority plan developed in consultation with the State agency with 

23 responsibility for fish and wildlife resources and consistent with the na24 tional wetlands priority conservation plan developed under section 301 

25 of the Emergency Wetlands Resources Act of 1986 (16 U.S.C. 3921) 

26 or, if the national plan has not been completed, consistent with the pro27 visions of that section. 

28 (e) PROJECTS FOR LAND AND WATER ACQUISITION AND DEVELOPMENT

29 OF BASIC OUTDOOR RECREATION FACILITIES.— 

30 (1) IN GENERAL.—In addition to assistance for planning projects, 

31 the Secretary may provide financial assistance to any State for the 

32 types of projects described in paragraphs (2) and (3), or combinations 

33 of those projects, if the projects are in accordance with the State com34 prehensive plan. 

35 (2) ACQUISITION OF LAND OR WATER.— 

36 (A) IN GENERAL.—Under paragraph (1), the Secretary may 

37 provide financial assistance for a project for the acquisition of 

38 land, water, or an interest in land or water, or a wetland area or 

39 an interest in a wetland area, as identified in the wetlands provi40 sions of the comprehensive plan (other than land, water, or an in41 terest in land or water acquired from the United States for less 

98 

•HR 1950 EH 

1 than fair market value), but not including incidental costs relating 

2 to acquisition. 

3 (B) RETENTION OF RIGHT OF USE AND OCCUPANCY.—When a 

4 State provides that the owner of a single-family residence may, at 

5 the owner’s option, elect to retain a right of use and occupancy 

6 for not less than 6 months after the date of acquisition of the resi7 dence and the owner elects to retain such a right— 

8 (i) the owner shall be deemed to have waived any benefits 

9 under sections 203 to 206 of the Uniform Relocation Assist10 ance and Real Property Acquisition Policies Act of 1970 (42 

11 U.S.C. 4623 to 4626); and 

12 (ii) for the purposes of those sections the owner shall not 

13 be deemed to be a displaced person as defined in section 101 

14 of that Act (42 U.S.C. 4601). 

15 (3) DEVELOPMENT OF BASIC OUTDOOR RECREATION FACILITIES.— 

16 Under paragraph (1), the Secretary may provide financial assistance 

17 for a project for development of basic outdoor recreation facilities to 

18 serve the general public, including the development of Federal land 

19 under lease to States for terms of 25 years or more. No assistance 

20 shall be available under this chapter to enclose or shelter a facility nor21 mally used for an outdoor recreation activity, but the Secretary may 

22 permit local funding, not to exceed 10 percent of the total amount allo23 cated to a State in any one year, to be used for construction of a shel24 tered facility for a swimming pool or ice skating rink in an area where 

25 the Secretary determines that the construction is justified by the sever26 ity of climatic conditions and the increased public use made possible 

27 by the construction. 

28 (f) PAYMENTS.— 

29 (1) CRITERIA FOR MAKING PAYMENTS.—The Secretary may make a 

30 payment to a State only for a planning, acquisition, or development 

31 project that is approved by the Secretary. The Secretary shall not make 

32 a payment for or on account of any project with respect to which finan33 cial assistance has been given or promised under any other Federal 

34 program or activity, and no financial assistance shall be given under 

35 any other Federal program or activity for or on account of any project 

36 with respect to which the assistance has been given or promised under 

37 this chapter. The Secretary may make payments from time to time in 

38 keeping with the rate of progress toward the satisfactory completion of 

39 a project. The approval of all projects and all payments, or any com40 mitments relating thereto, shall be withheld until the Secretary receives 

41 appropriate written assurance from the State that the State has the 

99 

•HR 1950 EH 

1 ability and intention to finance its share of the cost of all of the 

2 projects, and to operate and maintain by acceptable standards, at State 

3 expense, the properties or facilities acquired or developed for public 

4 outdoor recreation use. 

5 (2) PAYMENT RECIPIENTS.—Payments for all projects shall be made 

6 by the Secretary to the chief executive official of the State or to a State 

7 official or agency designated by the chief executive official or by State 

8 law having authority and responsibility to accept and to administer 

9 funds paid under this section for approved projects. If consistent with 

10 an approved project, funds may be transferred by the State to a polit11 ical subdivision or other appropriate public agency. 

12 (3) CONVERSION TO OTHER THAN PUBLIC OUTDOOR RECREATION

13 USE.—No property acquired or developed with assistance under this 

14 section shall, without the approval of the Secretary, be converted to 

15 other than public outdoor recreation use. The Secretary shall approve 

16 a conversion only if the Secretary finds it to be in accordance with the 

17 then-existing comprehensive statewide outdoor recreation plan and only 

18 on such conditions as the Secretary considers necessary to ensure the 

19 substitution of other recreation properties of at least equal fair market 

20 value and of reasonably equivalent usefulness and location. Wetland 

21 areas and interests therein as identified in the wetlands provisions of 

22 the comprehensive plan and proposed to be acquired as suitable re23 placement property within the same State that is otherwise acceptable 

24 to the Secretary, acting through the Director, shall be deemed to be 

25 of reasonably equivalent usefulness with the property proposed for con26 version. 

27 (4) REPORTS AND ACCOUNTING PROCEDURES.—No payment shall be 

28 made to any State until the State has agreed to— 

29 (A) provide such reports to the Secretary in such form and con30 taining such information as may be reasonably necessary to enable 

31 the Secretary to perform the Secretary’s duties under this chapter; 

32 and 

33 (B) provide such fiscal control and fund accounting procedures 

34 as may be necessary to ensure proper disbursement and account35 ing for Federal funds paid to the State under this chapter. 

36 (g) RECORDS.—A recipient of assistance under this chapter shall keep 

37 such records as the Secretary shall prescribe, including records that fully 

38 disclose— 

39 (1) the amount and the disposition by the recipient of the proceeds 

40 of the assistance; 

100 

•HR 1950 EH 

1 (2) the total cost of the project or undertaking in connection with 

2 which the assistance is given or used; and 

3 (3) the amount and nature of that portion of the cost of the project 

4 or undertaking supplied by other sources, and such other records as 

5 will facilitate an effective audit. 

6 (h) ACCESS TO RECORDS.—The Secretary, and the Comptroller General, 

7 or any of their duly authorized representatives, shall have access for the 

8 purpose of audit and examination to any records of the recipient that are 

9 pertinent to assistance received under this chapter. 

10 (i) PROHIBITION OF DISCRIMINATION.—With respect to property ac11 quired or developed with assistance from the Fund, discrimination on the 

12 basis of residence, including preferential reservation or membership systems, 

13 is prohibited except to the extent that reasonable differences in admission 

14 and other fees may be maintained on the basis of residence. 

15 (j) COORDINATION WITH FEDERAL AGENCIES.—To ensure consistency in 

16 policies and actions under this chapter with other related Federal programs 

17 and activities and to ensure coordination of the planning, acquisition, and 

18 development assistance to States under this section with other related Fed19 eral programs and activities— 

20 (1) the President may issue such regulations with respect thereto as 

21 the President considers desirable; and 

22 (2) the assistance may be provided only in accordance with the regu23 lations. 

24 (k) CAPITAL IMPROVEMENT AND OTHER PROJECTS TO REDUCE

25 CRIME.— 

26 (1) AVAILABILITY AND PURPOSE OF FUNDS.—In addition to assist27 ance for planning projects, and in addition to the projects identified in 

28 subsection (e), and from amounts appropriated out of the Violent 

29 Crime Reduction Trust Fund, the Secretary may provide financial as30 sistance to the States, not to exceed $15,000,000, for projects or com31 binations thereof for the purpose of making capital improvements and 

32 other measures to increase safety in urban parks and recreation areas, 

33 including funds to— 

34 (A) increase lighting within or adjacent to public parks and 

35 recreation areas; 

36 (B) provide emergency telephone lines to contact law enforce37 ment or security personnel in areas within or adjacent to public 

38 parks and recreation areas; 

39 (C) increase security personnel within or adjacent to public 

40 parks and recreation areas; and 

101 

•HR 1950 EH 

1 (D) fund any other project intended to increase the security and 

2 safety of public parks and recreation areas. 

3 (2) ELIGIBILITY.—In addition to the requirements for project ap4 proval imposed by this section, eligibility for assistance under this sub5 section shall depend on a showing of need. In providing funds under 

6 this subsection, the Secretary shall give priority to projects proposed 

7 for urban parks and recreation areas with the highest rates of crime 

8 and, in particular, to urban parks and recreation areas with the highest 

9 rates of sexual assault. 

10 (3) FEDERAL SHARE.—Notwithstanding subsection (c), the Sec11 retary may provide 70 percent improvement grants for projects under12 taken by a State for the purposes described in this subsection. 

13 § 200306. Allocation of Fund amounts for Federal purposes 

14 (a) ALLOWABLE PURPOSES AND SUBPURPOSES.— 

15 (1) IN GENERAL.—Amounts appropriated from the Fund for Federal 

16 purposes shall, unless otherwise allotted in the appropriation Act mak17 ing them available, be allotted by the President for the purposes and 

18 subpurposes stated in this subsection. 

19 (2) ACQUISITION OF LAND, WATER, OR AN INTEREST IN LAND OR

20 WATER.— 

21 (A) SYSTEM UNITS AND RECREATION AREAS ADMINISTERED

22 FOR RECREATION PURPOSES.—Amounts shall be allotted for the 

23 acquisition of land, water, or an interest in land or water within 

24 the exterior boundary of— 

25 (i) a System unit authorized or established; and 

26 (ii) an area authorized to be administered by the Secretary 

27 for outdoor recreation purposes. 

28 (B) NATIONAL FOREST SYSTEM.— 

29 (i) IN GENERAL.—Amounts shall be allotted for the acqui30 sition of land, water, or an interest in land or water within 

31 inholdings within— 

32 (I) wilderness areas of the National Forest System; 

33 and 

34 (II) other areas of national forests as the boundaries 

35 of those forests existed on January 1, 1965, or purchase 

36 units approved by the National Forest Reservation Com37 mission subsequent to January 1, 1965, all of which 

38 other areas are primarily of value for outdoor recreation 

39 purposes. 

40 (ii) ADJACENT LAND.—Land outside but adjacent to an ex41 isting national forest boundary, not to exceed 3,000 acres in 

102 

•HR 1950 EH 

1 the case of any one forest, that would comprise an integral 

2 part of a forest recreational management area may also be 

3 acquired with amounts appropriated from the Fund. 

4 (iii) LIMITATION.—Except for areas specifically authorized 

5 by Act of Congress, not more than 15 percent of the acreage 

6 added to the National Forest System pursuant to this section 

7 shall be west of the 100th meridian. 

8 (C) ENDANGERED SPECIES AND THREATENED SPECIES; FISH

9 AND WILDLIFE REFUGE AREAS; NATIONAL WILDLIFE REFUGE SYS10 TEM.—Amounts shall be allotted for the acquisition of land, water, 

11 or an interest in land or water for— 

12 (i) endangered species and threatened species authorized 

13 under section 5(a) of the Endangered Species Act of 1973 

14 (16 U.S.C. 1534(a)); 

15 (ii) areas authorized by section 2 of the Refuge Recreation 

16 Act (16 U.S.C. 460k–1); 

17 (iii) national wildlife refuge areas under section 7(a)(4) of 

18 the Fish and Wildlife Act of 1956 (16 U.S.C. 742f(a)(4)) and 

19 wetlands acquired under section 304 of the Emergency Wet20 lands Resources Act of 1986 (16 U.S.C. 3922); and 

21 (iv) any area authorized for the National Wildlife Refuge 

22 System by specific Acts. 

23 (3) PAYMENT AS OFFSET OF CAPITAL COSTS.—Amounts shall be al24 lotted for payment into miscellaneous receipts of the Treasury as a par25 tial offset for capital costs, if any, of Federal water development 

26 projects authorized to be constructed by or pursuant to an Act of Con27 gress that are allocated to public recreation and the enhancement of 

28 fish and wildlife values and financed through appropriations to water 

29 resource agencies. 

30 (4) AVAILABILITY OF APPROPRIATIONS.—Appropriations allotted for 

31 the acquisition of land, water, or an interest in land or water as set 

32 forth under subparagraphs (A) and (B) of paragraph (2) shall be avail33 able for those acquisitions notwithstanding any statutory ceiling on the 

34 appropriations contained in any other provision of law enacted prior to 

35 January 4, 1977, or, in the case of national recreation areas, prior to 

36 January 15, 1979, except that for any such area expenditures shall not 

37 exceed a statutory ceiling during any one fiscal year by 10 percent of 

38 the ceiling or $1,000,000, whichever is greater. 

39 (b) ACQUISITION RESTRICTIONS.—Appropriations from the Fund pursu40 ant to this section shall not be used for acquisition unless the acquisition 

41 is otherwise authorized by law. Appropriations from the Fund may be used 

103 

•HR 1950 EH 

1 for preacquisition work where authorization is imminent and where substan2 tial monetary savings could be realized. 

3 § 200307. Availability of Fund amounts for publicity pur4 poses 

5 (a) IN GENERAL.—Amounts derived from the sources listed in section 

6 200302 of this title shall not be available for publicity purposes. 

7 (b) EXCEPTION FOR TEMPORARY SIGNING.—In a case where significant 

8 acquisition or development is initiated, appropriate standardized temporary 

9 signing shall be located on or near the affected site, to the extent feasible, 

10 so as to indicate the action taken is a product of funding made available 

11 through the Fund. The signing may indicate the percentage amounts and 

12 dollar amounts financed by Federal and non-Federal funds, and that the 

13 source of the funding includes amounts derived from Outer Continental 

14 Shelf receipts. The Secretary shall prescribe standards and guidelines for 

15 the usage of the signing to ensure consistency of design and application. 

16 § 200308. Contracts for acquisition of land and water 

17 Not more than $30,000,000 of the amount authorized to be appropriated 

18 from the Fund by section 200303 of this title may be obligated by contract 

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

20 or water within areas specified in section 200306(a)(2) of this title. The 

21 contract may be executed by the head of the department concerned, within 

22 limitations prescribed by the Secretary. The contract shall be a contractual 

23 obligation of the United States and shall be liquidated with money appro24 priated from the Fund specifically for liquidation of that contract obligation. 

25 No contract may be entered into for the acquisition of property pursuant 

26 to this section unless the acquisition is otherwise authorized by Federal law. 

27 § 200309. Contracts for options to acquire land and water in 

28 System 

29 The Secretary may enter into contracts for options to acquire land, water, 

30 or interests in land or water within the exterior boundaries of any area the 

31 acquisition of which is authorized by law for inclusion in the System. The 

32 minimum period of any such option shall be 2 years, and any sums ex33 pended for the purchase of an option shall be credited to the purchase price 

34 of the area. Not more than $500,000 of the sum authorized to be appro35 priated from the Fund by section 200303 of this title may be expended by 

36 the Secretary in any one fiscal year for the options. 

37 § 200310. Transfers to and from Fund 

38 (a) MOTORBOAT FUEL TAXES.—There shall be set aside in the Fund the 

39 amounts specified in section 9503(c)(3)(B) of the Internal Revenue Code of 

40 1986 (26 U.S.C. 9503(c)(3)(B)). 

104 

•HR 1950 EH 

1 (b) REFUNDS OF TAXES.—There shall be paid from time to time from 

2 the Fund into the general fund of the Treasury amounts estimated by the 

3 Secretary of the Treasury as equivalent to— 

4 (1) the amounts paid before April 1, 2013, under section 6421 of 

5 the Internal Revenue Code of 1986 (26 U.S.C. 6421) with respect to 

6 gasoline used after December 31, 1964, in motorboats, on the basis of 

7 claims filed for periods ending before April 1, 2012; and 

8 (2) 80 percent of the floor stocks refunds made before April 1, 2013, 

9 under section 6412(a)(1) of the Internal Revenue Code of 1986 (26 

10 U.S.C. 6412(a)(1)) with respect to gasoline to be used in motorboats. 

11 Chapter 2005—Urban Park and Recreation 

12 Recovery Program 

Sec. 

200501. Definitions. 

200502. Federal assistance. 

200503. Rehabilitation grants and innovation grants. 

200504. Recovery action programs. 

200505. State action. 

200506. Non-Federal share of project costs. 

200507. Conversion of recreation property. 

200508. Coordination of program. 

200509. Recordkeeping. 

200510. Inapplicability of matching provisions. 

200511. Funding limitations. 

13 § 200501. Definitions 

14 In this chapter: 

15 (1) AT-RISK YOUTH RECREATION GRANT.— 

16 (A) IN GENERAL.—The term ‘‘at-risk youth recreation grant’’ 

17 means a grant in a neighborhood or community with a high preva18 lence of crime, particularly violent crime or crime committed by 

19 youthful offenders. 

20 (B) INCLUSIONS.—The term ‘‘at-risk youth recreation grant’’ 

21 includes— 

22 (i) a rehabilitation grant; 

23 (ii) an innovation grant; and 

24 (iii) a matching grant for continuing program support for 

25 a program of demonstrated value or success in providing con26 structive alternatives to youth at risk for engaging in criminal 

27 behavior, including a grant for operating, or coordinating, a 

28 recreation program or service. 

29 (C) ADDITIONAL USES OF REHABILITATION GRANT.—In addi30 tion to the purposes specified in paragraph (8), a rehabilitation 

31 grant that serves as an at-risk youth recreation grant may be used 

32 for the provision of lighting, emergency phones, or any other cap33 ital improvement that will improve the security of an urban park. 

105 

•HR 1950 EH 

1 (2) GENERAL PURPOSE LOCAL GOVERNMENT.—The term ‘‘general 

2 purpose local government’’ means— 

3 (A) a city, county, town, township, village, or other general pur4 pose political subdivision of a State; and 

5 (B) the District of Columbia. 

6 (3) INNOVATION GRANT.—The term ‘‘innovation grant’’ means a 

7 matching grant to a local government to cover costs of personnel, facili8 ties, equipment, supplies, or services designed to demonstrate innova9 tive and cost-effective ways to augment park and recreation opportuni10 ties at the neighborhood level and to address common problems related 

11 to facility operations and improved delivery of recreation service, not 

12 including routine operation and maintenance activities. 

13 (4) MAINTENANCE.—The term ‘‘maintenance’’ means all commonly 

14 accepted practices necessary to keep recreation areas and facilities op15 erating in a state of good repair and to protect them from deterioration 

16 resulting from normal wear and tear. 

17 (5) PRIVATE, NONPROFIT AGENCY.—The term ‘‘private, nonprofit 

18 agency’’ means a community-based, nonprofit organization, corpora19 tion, or association organized for purposes of providing recreational, 

20 conservation, and educational services directly to urban residents on a 

21 neighborhood or communitywide basis through voluntary donations, vol22 untary labor, or public or private grants. 

23 (6) RECOVERY ACTION PROGRAM GRANT.— 

24 (A) IN GENERAL.—The term ‘‘recovery action program grant’’ 

25 means a matching grant to a local government for development of 

26 local park and recreation recovery action programs to meet the re27 quirements of this chapter. 

28 (B) USE.—A recovery action program grant shall be used for 

29 resource and needs assessment, coordination, citizen involvement 

30 and planning, and program development activities to— 

31 (i) encourage public definition of goals; and 

32 (ii) develop priorities and strategies for overall recreation 

33 system recovery. 

34 (7) RECREATION AREA OR FACILITY.—The term ‘‘recreation area or 

35 facility’’ means an indoor or outdoor park, building, site, or other facil36 ity that is dedicated to recreation purposes and administered by a pub37 lic or private nonprofit agency to serve the recreation needs of commu38 nity residents. Emphasis shall be on public facilities readily accessible 

39 to residential neighborhoods, including multiple-use community centers 

40 that have recreation as one of their primary purposes, but excluding 

106 

•HR 1950 EH 

1 major sports arenas, exhibition areas, and conference halls used pri2 marily for commercial sports, spectator, or display activities. 

3 (8) REHABILITATION GRANT.—The term ‘‘rehabilitation grant’’ 

4 means a matching capital grant to a local government for rebuilding, 

5 remodeling, expanding, or developing an existing outdoor or indoor 

6 recreation area or facility, including improvements in park landscapes, 

7 buildings, and support facilities, but excluding routine maintenance and 

8 upkeep activities. 

9 (9) SPECIAL PURPOSE LOCAL GOVERNMENT.— 

10 (A) IN GENERAL.—The term ‘‘special purpose local govern11 ment’’ means a local or regional special district, public-purpose 

12 corporation, or other limited political subdivision of a State. 

13 (B) INCLUSIONS.—The term ‘‘special purpose local government’’ 

14 includes— 

15 (i) a park authority; 

16 (ii) a park, conservation, water, or sanitary district; and 

17 (iii) a school district. 

18 (10) STATE.—The term ‘‘State’’ means a State, an instrumentality 

19 of a State approved by the Governor of the State, Puerto Rico, Guam, 

20 American Samoa, the Virgin Islands, and the Northern Mariana Is21 lands. 

22 § 200502. Federal assistance 

23 (a) ELIGIBILITY DETERMINED BY SECRETARY.—Eligibility of general 

24 purpose local governments for assistance under this chapter shall be based 

25 on need as determined by the Secretary. The Secretary shall publish in the 

26 Federal Register a list of local governments eligible to participate in this 

27 program, to be accompanied by a discussion of criteria used in determining 

28 eligibility. Criteria shall be based on factors that the Secretary determines 

29 are related to deteriorated recreational facilities or systems and physical and 

30 economic distress. 

31 (b) ADDITIONAL ELIGIBLE GENERAL PURPOSE LOCAL GOVERNMENTS.— 

32 In addition to eligible local governments established in accordance with sub33 section (a), the Secretary may establish eligibility, in accord with the find34 ings and purpose of the Urban Park and Recreation Recovery Act of 1978 

35 (Public Law 95–625, 92 Stat. 3538), of other general purpose local govern36 ments in metropolitan statistical areas as defined by the Director of the Of37 fice of Management and Budget. 

38 (c) PRIORITY CRITERIA FOR PROJECT SELECTION AND APPROVAL.— 

39 (1) IN GENERAL.—The Secretary shall establish priority criteria for 

40 project selection and approval that consider such factors as— 

41 (A) population; 

107 

•HR 1950 EH 

1 (B) condition of existing recreation areas and facilities; 

2 (C) demonstrated deficiencies in access to neighborhood recre3 ation opportunities, particularly for minority and low- and mod4 erate-income residents; 

5 (D) public participation in determining rehabilitation or develop6 ment needs; 

7 (E) the extent to which a project supports or complements tar8 get activities undertaken as part of a local government’s overall 

9 community development and urban revitalization program; 

10 (F) the extent to which a proposed project would provide— 

11 (i) employment opportunities for minorities, youth, and 

12 low- and moderate-income residents in the project neighbor13 hood; 

14 (ii) for participation of neighborhood, nonprofit, or tenant 

15 organizations in the proposed rehabilitation activity or in sub16 sequent maintenance, staffing, or supervision of recreation 

17 areas and facilities; or 

18 (iii) both; and 

19 (G) the amount of State and private support for a project as 

20 evidenced by commitments of non-Federal resources to project 

21 construction or operation. 

22 (2) AT-RISK YOUTH RECREATION GRANTS.—For at-risk youth recre23 ation grants, the Secretary shall give a priority to each of the following 

24 criteria: 

25 (A) Programs that are targeted to youth who are at the greatest 

26 risk of becoming involved in violence and crime. 

27 (B) Programs that teach important values and life skills, includ28 ing teamwork, respect, leadership, and self-esteem. 

29 (C) Programs that offer tutoring, remedial education, men30 toring, and counseling in addition to recreation opportunities. 

31 (D) Programs that offer services during late night or other non32 school hours. 

33 (E) Programs that demonstrate collaboration between local park 

34 and recreation, juvenile justice, law enforcement, and youth social 

35 service agencies and nongovernmental entities, including the pri36 vate sector and community and nonprofit organizations. 

37 (F) Programs that leverage public or private recreation invest38 ments in the form of services, materials, or cash. 

39 (G) Programs that show the greatest potential of being contin40 ued with non-Federal funds or that can serve as models for other 

41 communities. 

108 

•HR 1950 EH 

1 (d) LIMITATION OF FUNDS.—Grants to discretionary applicants under 

2 subsection (b) may not be more than 15 percent of the total amount of 

3 funds appropriated under this chapter for rehabilitation grants, innovation 

4 grants, and recovery action program grants. 

5 § 200503. Rehabilitation grants and innovation grants 

6 (a) MATCHING GRANTS.—The Secretary may provide 70 percent match7 ing rehabilitation grants and innovation grants directly to eligible general 

8 purpose local governments on the Secretary’s approval of applications for 

9 the grants by the chief executive officials of those governments. 

10 (b) SPECIAL CONSIDERATIONS.—An innovation grant should be closely 

11 tied to goals, priorities, and implementation strategies expressed in local 

12 park and recreation recovery action programs, with particular regard to the 

13 special considerations listed in section 200504(c)(2) of this title. 

14 (c) TRANSFER.—If consistent with an approved application, a grant re15 cipient may transfer a rehabilitation grant or innovation grant in whole or 

16 in part to an independent special purpose local government, private non17 profit agency, or county or regional park authority if the assisted recreation 

18 area or facility owned or managed by the transferree offers recreation op19 portunities to the general population within the jurisdictional boundaries of 

20 the grant recipient. 

21 (d) PAYMENTS.—Payments may be made only for a rehabilitation project 

22 or innovation project that has been approved by the Secretary. Payments 

23 may be made from time to time in keeping with the rate of progress toward 

24 the satisfactory completion of the project, except that the Secretary, when 

25 appropriate, may make advance payments on an approved rehabilitation 

26 project or innovation project in an amount not to exceed 20 percent of the 

27 total project cost. 

28 (e) MODIFICATION OF PROJECT.—The Secretary may authorize modifica29 tion of an approved project only when a grant recipient adequately dem30 onstrates that the modification is necessary because of circumstances not 

31 foreseeable at the time at which the project was proposed. 

32 § 200504. Recovery action programs 

33 (a) EVIDENCE OF LOCAL COMMITMENT TO ONGOING PROGRAMS.—As a 

34 requirement for project approval, local governments applying for assistance 

35 under this chapter shall submit to the Secretary evidence of their commit36 ments to ongoing planning, rehabilitation, service, operation, and mainte37 nance programs for their park and recreation systems. These commitments 

38 will be expressed in local park and recreation recovery action programs that 

39 maximize coordination of all community resources, including other federally 

40 supported urban development and recreation programs. During an initial in41 terim period to be established by regulations under this chapter, this reVerDate Nov 24 2008 11:59 Aug 02, 2012 Jkt 000000 PO 00000 Frm 00108 Fmt 6652 Sfmt 6221 Z:\ENGROSS\H1950.EH CLERK
109 

•HR 1950 EH 

1 quirement may be satisfied by local government submissions of preliminary 

2 action programs that briefly define objectives, priorities, and implementation 

3 strategies for overall system recovery and maintenance and commit the ap4 plicant to a scheduled program development process. Following this interim 

5 period, all local applicants shall submit to the Secretary, as a condition of 

6 eligibility, a 5-year action program for park and recreation recovery that 

7 satisfactorily demonstrates— 

8 (1) systematic identification of recovery objectives, priorities, and im9 plementation strategies; 

10 (2) adequate planning for rehabilitation of specific recreation areas 

11 and facilities, including projections of the cost of proposed projects; 

12 (3) the capacity and commitment to ensure that facilities provided 

13 or improved under this chapter shall continue to be adequately main14 tained, protected, staffed, and supervised; 

15 (4) the intention to maintain total local public outlays for park and 

16 recreation purposes at levels at least equal to those in the year pre17 ceding that in which grant assistance is sought except in any case 

18 where a reduction in park and recreation outlays is proportionate to 

19 a reduction in overall spending by the applicant; and 

20 (5) the relationship of the park and recreation recovery program to 

21 overall community development and urban revitalization efforts. 

22 (b) CONTINUING PLANNING PROCESS.—Where appropriate, the Secretary 

23 may encourage local governments to meet action program requirements 

24 through a continuing planning process that includes periodic improvements 

25 and updates in action program submissions to eliminate identified gaps in 

26 program information and policy development. 

27 (c) SPECIAL CONSIDERATIONS.—Action programs shall address, but are 

28 not limited to— 

29 (1) rehabilitation of existing recreational areas and facilities, includ30 ing— 

31 (A) general systemwide renovation; 

32 (B) special rehabilitation requirements for recreational areas 

33 and facilities in areas of high population concentration and eco34 nomic distress; and 

35 (C) restoration of outstanding or unique structures, land36 scaping, or similar features in parks of historical or architectural 

37 significance; and 

38 (2) local commitments to innovative and cost-effective programs and 

39 projects at the neighborhood level to augment recovery of park and 

40 recreation systems, including— 

110 

•HR 1950 EH 

1 (A) recycling of abandoned schools and other public buildings 

2 for recreational purposes; 

3 (B) multiple use of operating educational and other public 

4 buildings, purchase of recreation services on a contractual basis; 

5 (C) use of mobile facilities and recreational, cultural, and edu6 cational programs or other innovative approaches to improving ac7 cess for neighborhood residents; 

8 (D) integration of recovery program with federally assisted 

9 projects to maximize recreational opportunities through conversion 

10 of abandoned railroad and highway rights of way, waterfront, and 

11 other redevelopment efforts and such other federally assisted 

12 projects as may be appropriate; 

13 (E) conversion of recreation use of street space, derelict land, 

14 and other public land not now designated for neighborhood rec15 reational use; and 

16 (F) use of various forms of compensated and uncompensated 

17 land regulation, tax inducements, or other means to encourage the 

18 private sector to provide neighborhood park and recreation facili19 ties and programs. 

20 (d) PUBLICATION IN FEDERAL REGISTER.—The Secretary shall establish 

21 and publish in the Federal Register requirements for preparation, submis22 sion, and updating of local park and recreation recovery action programs. 

23 (e) ELIGIBILITY FOR AT-RISK YOUTH RECREATION GRANTS.—To be eli24 gible to receive at-risk youth recreation grants a local government shall 

25 amend its 5-year action program to incorporate the goal of reducing crime 

26 and juvenile delinquency and to provide a description of the implementation 

27 strategies to achieve this goal. The plan shall also address how the local 

28 government is coordinating its recreation programs with crime prevention 

29 efforts of law enforcement, juvenile corrections, and youth social service 

30 agencies. 

31 (f) MATCHING RECOVERY ACTION PROGRAM GRANTS.—The Secretary 

32 may provide up to 50 percent matching recovery action program grants to 

33 eligible local governments for program development and planning specifically 

34 to meet the objectives of this chapter. 

35 § 200505. State action 

36 (a) ADDITIONAL MATCH.—The Secretary may increase rehabilitation 

37 grants or innovation grants authorized in section 200503 of this title by 

38 providing an additional match equal to the total match provided by a State 

39 of up to 15 percent of total project costs. The Federal matching amount 

40 shall not exceed 85 percent of total project cost. 

111 

•HR 1950 EH 

1 (b) ADEQUATE IMPLEMENTATION OF LOCAL RECOVERY PLANS.—The 

2 Secretary shall encourage States to assist the Secretary in ensuring— 

3 (1) that local recovery plans and programs are adequately imple4 mented by cooperating with the Secretary in monitoring local park and 

5 recreation recovery plans and programs; and 

6 (2) consistency of the plans and programs, where appropriate, with 

7 State recreation policies as set forth in statewide comprehensive out8 door recreation plans. 

9 § 200506. Non-Federal share of project costs 

10 (a) SOURCES.— 

11 (1) ALLOWABLE SOURCES.—The non-Federal share of project costs 

12 assisted under this chapter may be derived from general or special pur13 pose State or local revenues, State categorical grants, special appro14 priations by State legislatures, donations of land, buildings, or building 

15 materials, and in-kind construction, technical, and planning services. 

16 Reasonable local costs of recovery action program development to meet 

17 the requirements of section 200504(a) of this title may be used as part 

18 of the local match only when the local government has not received a 

19 recovery action program grant. 

20 (2) NON-ALLOWABLE SOURCES.—No amount from the Land and 

21 Water Conservation Fund or from any other Federal grant program 

22 other than the community development block grant programs shall be 

23 used to match Federal grants under this program. 

24 (b) ENCOURAGEMENT OF STATES AND PRIVATE INTERESTS.—The Sec25 retary shall encourage States and private interests to contribute, to the 

26 maximum extent possible, to the non-Federal share of project costs. 

27 § 200507. Conversion of recreation property 

28 No property improved or developed with assistance under this chapter 

29 shall, without the approval of the Secretary, be converted to other than pub30 lic recreation uses. The Secretary shall approve such a conversion only if 

31 the Secretary finds it to be in accord with the then-current local park and 

32 recreation recovery action program and only on such conditions as the Sec33 retary considers necessary to ensure the provision of adequate recreation 

34 properties and opportunities of reasonably equivalent location and useful35 ness. 

36 § 200508. Coordination of program 

37 The Secretary shall— 

38 (1) coordinate the urban park and recreation recovery program with 

39 the total urban recovery effort and cooperate to the fullest extent pos40 sible with other Federal agencies and with State agencies that admin41 ister programs and policies affecting urban areas, including programs 

112 

•HR 1950 EH 

1 in housing, urban development, natural resources management, employ2 ment, transportation, community services, and voluntary action; 

3 (2) encourage maximum coordination of the program between State 

4 agencies and local applicants; and 

5 (3) require that local applicants include provisions for participation 

6 of community and neighborhood residents and for public-private coordi7 nation in recovery planning and project selection. 

8 § 200509. Recordkeeping 

9 (a) IN GENERAL.—A recipient of assistance under this chapter shall keep 

10 such records as the Secretary shall prescribe, including— 

11 (1) records that disclose— 

12 (A) the amount and disposition of project undertakings in con13 nection with which assistance under this chapter is given or used; 

14 and 

15 (B) the amount and nature of the portion of the cost of the 

16 project or undertaking that is supplied by other sources; and 

17 (2) such other records as will facilitate an effective audit. 

18 (b) ACCESS.—The Secretary and the Comptroller General shall have ac19 cess for the purpose of audit and examination to any records of the recipient 

20 that are pertinent to assistance received under this chapter. 

21 § 200510. Inapplicability of matching provisions 

22 Amounts authorized for Guam, American Samoa, the Virgin Islands, and 

23 the Northern Mariana Islands are not subject to the matching provisions 

24 of this chapter, and may be subject only to such conditions, reports, plans, 

25 and agreements, if any, as the Secretary may determine. 

26 § 200511. Funding limitations 

27 (a) LIMITATION OF FUNDS.—The amount of grants made under this 

28 chapter for projects in any one State for any fiscal year shall not be more 

29 than 15 percent of the amount made available for grants to all of the States 

30 for that fiscal year. 

31 (b) RECOVERY ACTION PROGRAM GRANTS.—Not more than 3 percent of 

32 the amount made available for grants under this chapter for a fiscal year 

33 shall be used for recovery action program grants. 

34 (c) INNOVATION GRANTS.—Not more than 10 percent of the amount 

35 made available for grants under this chapter for a fiscal year shall be used 

36 for innovation grants. 

37 (d) PROGRAM SUPPORT.—Not more than 25 percent of the amount made 

38 available under this chapter to any local government shall be used for pro39 gram support. 

40 (e) NO LAND ACQUISITION.—No funds made available under this chapter 

41 shall be used for the acquisition of land or an interest in land. 

113 

•HR 1950 EH 

1 Subtitle III—National Preservation 

2 Programs 

3 Division A—Historic Preservation 

4 Subdivision 1—General Provisions 

5 Chapter 3001—Policy 

Sec. 

300101. Policy. 

6 § 300101. Policy 

7 It is the policy of the Federal Government, in cooperation with other na8 tions and in partnership with States, local governments, Indian tribes, Na9 tive Hawaiian organizations, and private organizations and individuals, to— 

10 (1) use measures, including financial and technical assistance, to fos11 ter conditions under which our modern society and our historic prop12 erty can exist in productive harmony and fulfill the social, economic, 

13 and other requirements of present and future generations; 

14 (2) provide leadership in the preservation of the historic property of 

15 the United States and of the international community of nations and 

16 in the administration of the national preservation program; 

17 (3) administer federally owned, administered, or controlled historic 

18 property in a spirit of stewardship for the inspiration and benefit of 

19 present and future generations; 

20 (4) contribute to the preservation of nonfederally owned historic 

21 property and give maximum encouragement to organizations and indi22 viduals undertaking preservation by private means; 

23 (5) encourage the public and private preservation and utilization of 

24 all usable elements of the Nation’s historic built environment; and 

25 (6) assist State and local governments, Indian tribes and Native Ha26 waiian organizations, and the National Trust to expand and accelerate 

27 their historic preservation programs and activities. 

28 Chapter 3003—Definitions 

Sec. 

300301. Agency. 

300302. Certified local government. 

300303. Council. 

300304. Cultural park. 

300305. Historic conservation district. 

300306. Historic Preservation Fund. 

300307. Historic preservation review commission. 

300308. Historic property. 

300309. Indian tribe. 

300310. Local government. 

300311. National Register. 

300312. National Trust. 

300313. Native Hawaiian. 

300314. Native Hawaiian organization. 

300315. Preservation or historic preservation. 

300316. Secretary. 

300317. State. 

114 

•HR 1950 EH 

300318. State historic preservation review board. 

300319. Tribal land. 

300320. Undertaking. 

300321. World Heritage Convention. 

1 § 300301. Agency 

2 In this division, the term ‘‘agency’’ has the meaning given the term in 

3 section 551 of title 5. 

4 § 300302. Certified local government 

5 In this division, the term ‘‘certified local government’’ means a local gov6 ernment whose local historic preservation program is certified pursuant to 

7 chapter 3025 of this title. 

8 § 300303. Council 

9 In this division, the term ‘‘Council’’ means the Advisory Council on His10 toric Preservation established by section 304101 of this title. 

11 § 300304. Cultural park 

12 In this division, the term ‘‘cultural park’’ means a definable area that— 

13 (A) is distinguished by historic property, prehistoric property, and 

14 land related to that property; and 

15 (B) constitutes an interpretive, educational, and recreational re16 source for the public at large. 

17 § 300305. Historic conservation district 

18 In this division, the term ‘‘historic conservation district’’ means an area 

19 that contains— 

20 (1) historic property; 

21 (2) buildings having similar or related architectural characteristics; 

22 (3) cultural cohesiveness; or 

23 (4) any combination of features described in paragraphs (1) to (3). 

24 § 300306. Historic Preservation Fund 

25 In this division, the term ‘‘Historic Preservation Fund’’ means the His26 toric Preservation Fund established under section 303101 of this title. 

27 § 300307. Historic preservation review commission 

28 In this division, the term ‘‘historic preservation review commission’’ 

29 means a board, council, commission, or other similar collegial body— 

30 (1) that is established by State or local legislation as provided in sec31 tion 302503(a)(2) of this title; and 

32 (2) the members of which are appointed by the chief elected official 

33 of a jurisdiction (unless State or local law provides for appointment by 

34 another official) from among— 

35 (A) professionals in the disciplines of architecture, history, ar36 chitectural history, planning, prehistoric and historic archeology, 

37 folklore, cultural anthropology, curation, conservation, and land38 scape architecture, or related disciplines, to the extent that those 

39 professionals are available in the community; and 

115 

•HR 1950 EH 

1 (B) other individuals who have demonstrated special interest, 

2 experience, or knowledge in history, architecture, or related dis3 ciplines and will provide for an adequate and qualified commission. 

4 § 300308. Historic property 

5 In this division, the term ‘‘historic property’’ means any prehistoric or 

6 historic dustruct, site, building, structure, or object included on, or eligible 

7 for inclusion on, the National Register, including artifacts, records, and ma8 terial remains relating to the district, site, building, structure, or object. 

9 § 300309. Indian tribe 

10 In this division, the term ‘‘Indian tribe’’ means an Indian tribe, band, na11 tion, or other organized group or community, including a Native village, Re12 gional Corporation or Village Corporation (as those terms are defined in 

13 section 3 of the Alaska Native Claims Settlement Act (43 U.S.C. 1602)), 

14 that is recognized as eligible for the special programs and services provided 

15 by the United States to Indians because of their status as Indians. 

16 § 300310. Local government 

17 In this division, the term ‘‘local government’’ means a city, county, town18 ship, municipality, or borough, or any other general purpose political sub19 division of any State. 

20 § 300311. National Register 

21 In this division, the term ‘‘National Register’’ means the National Reg22 ister of Historic Places maintained under chapter 3021 of this title. 

23 § 300312. National Trust 

24 In this division, the term ‘‘National Trust’’ means the National Trust for 

25 Historic Preservation in the United States established under section 312102 

26 of this title. 

27 § 300313. Native Hawaiian 

28 In this division, the term ‘‘Native Hawaiian’’ means any individual who 

29 is a descendant of the aboriginal people who, prior to 1778, occupied and 

30 exercised sovereignty in the area that now constitutes Hawaii. 

31 § 300314. Native Hawaiian organization 

32 (a) IN GENERAL.—In this division, the term ‘‘Native Hawaiian organiza33 tion’’ means any organization that— 

34 (1) serves and represents the interests of Native Hawaiians; 

35 (2) has as a primary and stated purpose the provision of services to 

36 Native Hawaiians; and 

37 (3) has demonstrated expertise in aspects of historic preservation 

38 that are culturally significant to Native Hawaiians. 

39 (b) INCLUSIONS.—In this division, the term ‘‘Native Hawaiian organiza40 tion’’ includes the Office of Hawaiian Affairs of Hawaii and Hui Malama 

116 

•HR 1950 EH 

1 I Na Kupuna O Hawai’i Nei, an organization incorporated under the laws 

2 of the State of Hawaii. 

3 § 300315. Preservation or historic preservation 

4 In this division, the term ‘‘preservation’’ or ‘‘historic preservation’’ in5 cludes— 

6 (1) identification, evaluation, recordation, documentation, curation, 

7 acquisition, protection, management, rehabilitation, restoration, sta8 bilization, maintenance, research, interpretation, and conservation; 

9 (2) education and training regarding the foregoing activities; or 

10 (3) any combination of the foregoing activities. 

11 § 300316. Secretary 

12 In this division, the term ‘‘Secretary’’ means the Secretary acting through 

13 the Director. 

14 § 300317. State 

15 In this division, the term ‘‘State’’ means— 

16 (1) a State, the District of Columbia, Puerto Rico, Guam, American 

17 Samoa, the Virgin Islands, and the Northern Mariana Islands; and 

18 (2) the Republic of the Marshall Islands, the Federated States of Mi19 cronesia, and the Republic of Palau. 

20 § 300318. State historic preservation review board 

21 In this division, the term ‘‘State historic preservation review board’’ 

22 means a board, council, commission, or other similar collegial body estab23 lished as provided in section 302301(2) of this title— 

24 (1) the members of which are appointed by the State Historic Pres25 ervation Officer (unless otherwise provided for by State law); 

26 (2) a majority of the members of which are professionals qualified 

27 in history, prehistoric and historic archeology, architectural history, ar28 chitecture, folklore, cultural anthropology, curation, conservation, land29 scape architecture, and related disciplines; and 

30 (3) that has the authority to— 

31 (A) review National Register nominations and appeals from 

32 nominations; 

33 (B) review appropriate documentation submitted in conjunction 

34 with the Historic Preservation Fund; 

35 (C) provide general advice and guidance to the State Historic 

36 Preservation Officer; and 

37 (D) perform such other duties as may be appropriate. 

38 § 300319. Tribal land 

39 In this division, the term ‘‘tribal land’’ means— 

40 (1) all land within the exterior boundaries of any Indian reservation; 

41 and 

117 

•HR 1950 EH 

1 (2) all dependent Indian communities. 

2 § 300320. Undertaking 

3 In this division, the term ‘‘undertaking’’ means a project, activity, or pro4 gram funded in whole or in part under the direct or indirect jurisdiction 

5 of a Federal agency, including— 

6 (1) those carried out by or on behalf of the Federal agency; 

7 (2) those carried out with Federal financial assistance; 

8 (3) those requiring a Federal permit, license, or approval; and 

9 (4) those subject to State or local regulation administered pursuant 

10 to a delegation or approval by a Federal agency. 

11 § 300321. World Heritage Convention 

12 In this division, the term ‘‘World Heritage Convention’’ means the Con13 vention concerning the Protection of the World Cultural and Natural Herit14 age, done at Paris November 23, 1972 (27 UST 37). 

15 Subdivision 2—Historic Preservation 

16 Program 

17 Chapter 3021—National Register of 

18 Historic Places 

Sec. 

302101. Maintenance by Secretary. 

302102. Inclusion of properties on National Register. 

302103. Criteria and regulations relating to National Register, National Historic Landmarks, 

and World Heritage List. 

302104. Nominations for inclusion on National Register. 

302105. Owner participation in nomination process. 

302106. Retention of name. 

302107. Regulations. 

302108. Review of threats to historic property. 

19 § 302101. Maintenance by Secretary 

20 The Secretary may expand and maintain a National Register of Historic 

21 Places composed of districts, sites, buildings, structures, and objects signifi22 cant in American history, architecture, archeology, engineering, and culture. 

23 § 302102. Inclusion of properties on National Register 

24 (a) IN GENERAL.—A property that meets the criteria for National His25 toric Landmarks established pursuant to section 302103 of this title shall 

26 be designated as a National Historic Landmark and included on the Na27 tional Register, subject to the requirements of section 302107 of this title. 

28 (b) HISTORIC PROPERTY ON NATIONAL REGISTER ON DECEMBER 12, 

29 1980.—All historic property included on the National Register on December 

30 12, 1980, shall be deemed to be included on the National Register as of 

31 their initial listing for purposes of this division. 

32 (c) HISTORIC PROPERTY LISTED IN FEDERAL REGISTER OF FEBRUARY

33 6, 1979, OR PRIOR TO DECEMBER 12, 1980, AS NATIONAL HISTORIC

34 LANDMARKS.—All historic property listed in the Federal Register of Feb35 ruary 6, 1979, or prior to December 12, 1980, as National Historic LandVerDate Nov 24 2008 11:59 Aug 02, 2012 Jkt 000000 PO 00000 Frm 00117 Fmt 6652 Sfmt 6221 Z:\ENGROSS\H1950.EH CLERK
118 

•HR 1950 EH 

1 marks are declared by Congress to be National Historic Landmarks of na2 tional historic significance as of their initial listing in the Federal Register 

3 for purposes of this division and chapter 3201 of this title, except that in 

4 the case of a National Historic Landmark district for which no boundaries 

5 had been established as of December 12, 1980, boundaries shall first be 

6 published in the Federal Register. 

7 § 302103. Criteria and regulations relating to National Reg8 ister, National Historic Landmarks, and World 

9 Heritage List 

10 The Secretary, in consultation with national historical and archeological 

11 associations, shall— 

12 (1) establish criteria for properties to be included on the National 

13 Register and criteria for National Historic Landmarks; and 

14 (2) promulgate regulations for— 

15 (A) nominating properties for inclusion on, and removal from, 

16 the National Register and the recommendation of properties by 

17 certified local governments; 

18 (B) designating properties as National Historic Landmarks and 

19 removing that designation; 

20 (C) considering appeals from recommendations, nominations, re21 movals, and designations (or any failure or refusal by a nomi22 nating authority to nominate or designate); 

23 (D) nominating historic property for inclusion in the World 

24 Heritage List in accordance with the World Heritage Convention; 

25 (E) making determinations of eligibility of properties for inclu26 sion on the National Register; and 

27 (F) notifying the owner of a property, any appropriate local gov28 ernments, and the general public, when the property is being con29 sidered for inclusion on the National Register, for designation as 

30 a National Historic Landmark, or for nomination to the World 

31 Heritage List. 

32 § 302104. Nominations for inclusion on National Register 

33 (a) NOMINATION BY STATE.—Subject to the requirements of section 

34 302107 of this title, any State that is carrying out a program approved 

35 under chapter 3023 shall nominate to the Secretary property that meets the 

36 criteria promulgated under section 302103 of this title for inclusion on the 

37 National Register. Subject to section 302107 of this title, any property 

38 nominated under this subsection or under section 306102 of this title shall 

39 be included on the National Register on the date that is 45 days after re40 ceipt by the Secretary of the nomination and the necessary documentation, 

119 

•HR 1950 EH 

1 unless the Secretary disapproves the nomination within the 45-day period 

2 or unless an appeal is filed under subsection (c). 

3 (b) NOMINATION BY PERSON OR LOCAL GOVERNMENT.—Subject to the 

4 requirements of section 302107 of this title, the Secretary may accept a 

5 nomination directly from any person or local government for inclusion of a 

6 property on the National Register only if the property is located in a State 

7 where there is no program approved under chapter 3023 of this title. The 

8 Secretary may include on the National Register any property for which such 

9 a nomination is made if the Secretary determines that the property is eligi10 ble in accordance with the regulations promulgated under section 302103 

11 of this title. The determination shall be made within 90 days from the date 

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

13 (c) APPEAL.—Any person or local government may appeal to the Sec14 retary— 

15 (1) a nomination of any property for inclusion on the National Reg16 ister; and 

17 (2) the failure of a nominating authority to nominate a property in 

18 accordance with this chapter. 

19 § 302105. Owner participation in nomination process 

20 (a) REGULATIONS.—The Secretary shall promulgate regulations requiring 

21 that before any property may be included on the National Register or des22 ignated as a National Historic Landmark, the owner of the property, or a 

23 majority of the owners of the individual properties within a district in the 

24 case of a historic district, shall be given the opportunity (including a reason25 able period of time) to concur in, or object to, the nomination of the prop26 erty for inclusion or designation. The regulations shall include provisions to 

27 carry out this section in the case of multiple ownership of a single property. 

28 (b) WHEN PROPERTY SHALL NOT BE INCLUDED ON NATIONAL REG29 ISTER OR DESIGNATED AS NATIONAL HISTORIC LANDMARK.—If the owner 

30 of any privately owned property, or a majority of the owners of privately 

31 owned properties within the district in the case of a historic district, object 

32 to inclusion or designation, the property shall not be included on the Na33 tional Register or designated as a National Historic Landmark until the ob34 jection is withdrawn. 

35 (c) REVIEW BY SECRETARY.—The Secretary shall review the nomination 

36 of the property when an objection has been made and shall determine 

37 whether or not the property is eligible for inclusion or designation. If the 

38 Secretary determines that the property is eligible for inclusion or designa39 tion, the Secretary shall inform the Advisory Council on Historic Preserva40 tion, the appropriate State Historic Preservation Officer, the appropriate 

120 

•HR 1950 EH 

1 chief elected local official, and the owner or owners of the property of the 

2 Secretary’s determination. 

3 § 302106. Retention of name 

4 Notwithstanding section 43(c) of the Act of July 5, 1946 (known as the 

5 Trademark Act of 1946) (15 U.S.C. 1125(c)), buildings and structures on 

6 or eligible for inclusion on the National Register (either individually or as 

7 part of a historic district), or designated as an individual landmark or as 

8 a contributing building in a historic district by a unit of State or local gov9 ernment, may retain the name historically associated with the building or 

10 structure. 

11 § 302107. Regulations 

12 The Secretary shall promulgate regulations— 

13 (1) ensuring that significant prehistoric and historic artifacts, and 

14 associated records, subject to subchapter I of chapter 3061, chapter 

15 3125, or the Archaeological Resources Protection Act of 1979 (16 

16 U.S.C. 470aa et seq.) are deposited in an institution with adequate 

17 long-term curatorial capabilities; 

18 (2) establishing a uniform process and standards for documenting 

19 historic property by public agencies and private parties for purposes of 

20 incorporation into, or complementing, the national historical architec21 tural and engineering records in the Library of Congress; and 

22 (3) certifying local governments, in accordance with sections 302502 

23 and 302503 of this title, and for the transfer of funds pursuant to sec24 tion 302902(c)(4) of this title. 

25 § 302108. Review of threats to historic property 

26 At least once every 4 years, the Secretary, in consultation with the Coun27 cil and with State Historic Preservation Officers, shall review significant 

28 threats to historic property to— 

29 (1) determine the kinds of historic property that may be threatened; 

30 (2) ascertain the causes of the threats; and 

31 (3) develop and submit to the President and Congress recommenda32 tions for appropriate action. 

33 Chapter 3023—State Historic Preservation 

34 Programs 

Sec. 

302301. Regulations. 

302302. Program evaluation. 

302303. Responsibilities of State Historic Preservation Officer. 

302304. Contracts and cooperative agreements. 

35 § 302301. Regulations 

36 The Secretary, in consultation with the National Conference of State His37 toric Preservation Officers and the National Trust, shall promulgate regula38 tions for State Historic Preservation Programs. The regulations shall proVerDate Nov 24 2008 11:59 Aug 02, 2012 Jkt 000000 PO 00000 Frm 00120 Fmt 6652 Sfmt 6221 Z:\ENGROSS\H1950.EH CLERK
121 

•HR 1950 EH 

1 vide that a State program submitted to the Secretary under this chapter 

2 shall be approved by the Secretary if the Secretary determines that the pro3 gram provides for— 

4 (1) the designation and appointment by the chief elected official of 

5 the State of a State Historic Preservation Officer to administer the 

6 program in accordance with section 302303 of this title and for the em7 ployment or appointment by the officer of such professionally qualified 

8 staff as may be necessary for those purposes; 

9 (2) an adequate and qualified State historic preservation review 

10 board designated by the State Historic Preservation Officer unless oth11 erwise provided for by State law; and 

12 (3) adequate public participation in the State Historic Preservation 

13 Program, including the process of recommending properties for nomi14 nation to the National Register. 

15 § 302302. Program evaluation 

16 (a) WHEN EVALUATION SHOULD OCCCUR.—Periodically, but not less 

17 than every 4 years after the approval of any State program under section 

18 302301 of this title, the Secretary, in consultation with the Council on the 

19 appropriate provisions of this division, and in cooperation with the State 

20 Historic Preservation Officer, shall evaluate the program to determine 

21 whether it is consistent with this division. 

22 (b) DISAPPROVAL OF PROGRAM.—If, at any time, the Secretary deter23 mines that a major aspect of a State program is not consistent with this 

24 division, the Secretary shall disapprove the program and suspend in whole 

25 or in part any contracts or cooperative agreements with the State and the 

26 State Historic Preservation Officer under this division, until the program 

27 is consistent with this division, unless the Secretary determines that the 

28 program will be made consistent with this division within a reasonable pe29 riod of time. 

30 (c) OVERSIGHT.—The Secretary, in consultation with State Historic Pres31 ervation Officers, shall establish oversight methods to ensure State program 

32 consistency and quality without imposing undue review burdens on State 

33 Historic Preservation Officers. 

34 (d) STATE FISCAL AUDIT AND MANAGEMENT SYSTEM.— 

35 (1) SUBSTITUTION FOR COMPARABLE FEDERAL SYSTEMS.—At the 

36 discretion of the Secretary, a State system of fiscal audit and manage37 ment may be substituted for comparable Federal systems so long as the 

38 State system— 

39 (A) establishes and maintains substantially similar account40 ability standards; and 

41 (B) provides for independent professional peer review. 

122 

•HR 1950 EH 

1 (2) FISCAL AUDITS AND REVIEW BY SECRETARY.—The Secretary— 

2 (A) may conduct periodic fiscal audits of State programs ap3 proved under this subdivision as needed; and 

4 (B) shall ensure that the programs meet applicable account5 ability standards. 

6 § 302303. Responsibilities of State Historic Preservation Of7 ficer 

8 (a) IN GENERAL.—It shall be the responsibility of the State Historic 

9 Preservation Officer to administer the State Historic Preservation Program. 

10 (b) PARTICULAR RESPONSIBILITIES.—It shall be the responsibility of the 

11 State Historic Preservation Officer to— 

12 (1) in cooperation with Federal and State agencies, local govern13 ments, and private organizations and individuals, direct and conduct a 

14 comprehensive statewide survey of historic property and maintain in15 ventories of the property; 

16 (2) identify and nominate eligible property to the National Register 

17 and otherwise administer applications for listing historic property on 

18 the National Register; 

19 (3) prepare and implement a comprehensive statewide historic pres20 ervation plan; 

21 (4) administer the State program of Federal assistance for historic 

22 preservation within the State; 

23 (5) advise and assist, as appropriate, Federal and State agencies and 

24 local governments in carrying out their historic preservation respon25 sibilities; 

26 (6) cooperate with the Secretary, the Council, other Federal and 

27 State agencies, local governments, and private organizations and indi28 viduals to ensure that historic property is taken into consideration at 

29 all levels of planning and development; 

30 (7) provide public information, education, and training and technical 

31 assistance in historic preservation; 

32 (8) cooperate with local governments in the development of local his33 toric preservation programs and assist local governments in becoming 

34 certified pursuant to chapter 3025; 

35 (9) consult with appropriate Federal agencies in accordance with this 

36 division on— 

37 (A) Federal undertakings that may affect historic property; and 

38 (B) the content and sufficiency of any plans developed to pro39 tect, manage, or reduce or mitigate harm to that property; and 

40 (10) advise andassist in the evaluation of proposals for rehabilitation 

41 projects that may qualify for Federal assistance. 

123 

•HR 1950 EH 

1 § 302304. Contracts and cooperative agreements 

2 (a) STATE.—A State may carry out all or any part of its responsibilities 

3 under this chapter by contract or cooperative agreement with a qualified 

4 nonprofit organization or educational institution. 

5 (b) SECRETARY.— 

6 (1) IN GENERAL.— 

7 (A) AUTHORITY TO ASSIST SECRETARY.—Subject to paragraphs 

8 (3) and (4), the Secretary may enter into contracts or cooperative 

9 agreements with a State Historic Preservation Officer for any 

10 State authorizing the Officer to assist the Secretary in carrying 

11 out one or more of the following responsibilities within that State: 

12 (i) Identification and preservation of historic property. 

13 (ii) Determination of the eligibility of property for listing 

14 on the National Register. 

15 (iii) Preparation of nominations for inclusion on the Na16 tional Register. 

17 (iv) Maintenance of historical and archeological data bases. 

18 (v) Evaluation of eligibility for Federal preservation incen19 tives. 

20 (B) AUTHORITY TO MAINTAIN NATIONAL REGISTER.—Nothing 

21 in subparagraph (A) shall be construed to provide that any State 

22 Historic Preservation Officer or any other person other than the 

23 Secretary shall have the authority to maintain the National Reg24 ister for properties in any State. 

25 (2) REQUIREMENTS.—The Secretary may enter into a contract or 

26 cooperative agreement under paragraph (1) only if— 

27 (A) the State Historic Preservation Officer has requested the 

28 additional responsibility; 

29 (B) the Secretary has approved the State historic preservation 

30 program pursuant to sections 302301 and 302302 of this title; 

31 (C) the State Historic Preservation Officer agrees to carry out 

32 the additional responsibility in a timely and efficient manner ac33 ceptable to the Secretary and the Secretary determines that the 

34 Officer is fully capable of carrying out the responsibility in that 

35 manner; 

36 (D) the State Historic Preservation Officer agrees to permit the 

37 Secretary to review and revise, as appropriate in the discretion of 

38 the Secretary, decisions made by the Officer pursuant to the con39 tract or cooperative agreement; and 

40 (E) the Secretary and the State Historic Preservation Officer 

41 agree on the terms of additional financial assistance to the State, 

124 

•HR 1950 EH 

1 if there is to be any, for the costs of carrying out that responsi2 bility. 

3 (3) ESTABLISH CONDITIONS AND CRITERIA.—For each significant 

4 program area under the Secretary’s authority, the Secretary shall es5 tablish specific conditions and criteria essential for the assumption by 

6 a State Historic Preservation Officer of the Secretary’s duties in each 

7 of those programs. 

8 (4) PRESERVATION PROGRAMS AND ACTIVITIES NOT DIMINISHED.— 

9 Nothing in this chapter shall have the effect of diminishing the preser10 vation programs and activities of the Service. 

11 Chapter 3025—Certification of Local 

12 Governments 

Sec. 

302501. Definitions. 

302502. Certification as part of State program. 

302503. Reguirements for certification. 

302504. Participation of certified local governments in National Register nominations. 

302505. Eligibility and responsibility of certified local government. 

13 § 302501. Definitions 

14 In this chapter: 

15 (1) DESIGNATION.—The term ‘‘designation’’ means the identification 

16 and registration of property for protection that meets criteria estab17 lished by a State or locality for significant historic property within the 

18 jurisdiction of a local government. 

19 (2) PROTECTION.—The term ‘‘protection’’ means protection by 

20 means of a local review process under State or local law for proposed 

21 demolition of, changes to, or other action that may affect historic prop22 erty designated pursuant to this chapter. 

23 § 302502. Certification as part of State program 

24 Any State program approved under this subdivision shall provide a mech25 anism for the certification by the State Historic Preservation Officer of local 

26 governments to carry out the purposes of this division and provide for the 

27 transfer, in accordance with section 302902(c)(4) of this title, of a portion 

28 of the grants received by the States under this division, to those local gov29 ernments. 

30 § 302503. Requirements for certification 

31 (a) APPROVED STATE PROGRAM.—Any local government shall be certified 

32 to participate under this section if the applicable State Historic Preservation 

33 Officer, and the Secretary, certify that the local government— 

34 (1) enforces appropriate State or local legislation for the designation 

35 and protection of historic property; 

36 (2) has established an adequate and qualified historic preservation 

37 review commission by State or local legislation; 

125 

•HR 1950 EH 

1 (3) maintains a system for the survey and inventory of historic prop2 erty that furthers the purposes of chapter 3023; 

3 (4) provides for adequate public participation in the local historic 

4 preservation program, including the process of recommending prop5 erties for nomination to the National Register; and 

6 (5) satisfactorily performs the responsibilities delegated to it under 

7 this division. 

8 (b) NO APPROVED STATE PROGRAM.—Where there is no State program 

9 approved under sections 302301 and 302302 of this title, a local govern10 ment may be certified by the Secretary if the Secretary determines that the 

11 local government meets the requirements of subsection (a). The Secretary 

12 may make grants to the local government certified under this subsection for 

13 purposes of this subdivision. 

14 § 302504. Participation of certified local governments in Na15 tional Register nominations 

16 (a) NOTICE.—Before a property within the jurisdiction of a certified local 

17 government may be considered by a State to be nominated to the Secretary 

18 for inclusion on the National Register, the State Historic Preservation Offi19 cer shall notify the owner, the applicable chief local elected official, and the 

20 local historic preservation commission. 

21 (b) REPORT.—The local historic preservation commission, after reason22 able opportunity for public comment, shall prepare a report as to whether 

23 the property, in the Commission’s opinion, meets the criteria of the National 

24 Register. Within 60 days of notice from the State Historic Preservation Of25 ficer, the chief local elected official shall transmit the report of the commis26 sion and the recommendation of the local official to the State Historic Pres27 ervation Officer. 

28 (c) RECOMMENDATION.— 

29 (1) PROPERTY NOMINATED TO NATIONAL REGISTER.—Except as 

30 provided in paragraph (2), after receipt of the report and recommenda31 tion, or if no report and recommendation are received within 60 days, 

32 the State shall make the nomination pursuant to section 302104 of this 

33 title. The State may expedite the process with the concurrence of the 

34 certified local government. 

35 (2) PROPERTY NOT NOMINATED TO NATIONAL REGISTER.—If both 

36 the commission and the chief local elected official recommend that a 

37 property not be nominated to the National Register, the State Historic 

38 Preservation Officer shall take no further action, unless, within 30 days 

39 of the receipt of the recommendation by the State Historic Preserva40 tion Officer, an appeal is filed with the State. If an appeal is filed, the 

41 State shall follow the procedures for making a nomination pursuant to 

126 

•HR 1950 EH 

1 section 302104 of this title. Any report and recommendations made 

2 under this section shall be included with any nomination submitted by 

3 the State to the Secretary. 

4 § 302505. Eligibility and responsibility of certified local gov5 ernment 

6 Any local government— 

7 (1) that is certified under this chapter shall be eligible for funds 

8 under section 302902(c)(4) of this title; and 

9 (2) that is certified, or making efforts to become certified, under this 

10 chapter shall carry out any responsibilities delegated to it in accordance 

11 with such terms and conditions as the Secretary considers necessary or 

12 advisable. 

13 Chapter 3027—Historic Preservation Pro14 grams and Authorities for Indian Tribes 

15 and Native Hawaiian Organizations 

Sec. 

302701. Program to assist Indian tribes in preserving historic property. 

302702. Indian tribe to assume functions of State Historic Preservation Officer. 

302703. Apportionment of grant funds. 

302704. Contracts and cooperative agreements. 

302705. Agreement for review under tribal historic preservation regulations. 

302706. Eligibility for inclusion on National Register. 

16 § 302701. Program to assist Indian tribes in preserving his17 toric property 

18 (a) ESTABLISHMENT OF PROGRAM.—The Secretary shall establish a pro19 gram and promulgate regulations to assist Indian tribes in preserving their 

20 historic property. 

21 (b) COMMUNICATION AND COOPERATION.—The Secretary shall foster 

22 communication and cooperation between Indian tribes and State Historic 

23 Preservation Officers in the administration of the national historic preserva24 tion program to— 

25 (1) ensure that all types of historic property and all public interests 

26 in historic property are given due consideration; and 

27 (2) encourage coordination among Indian tribes, State Historic Pres28 ervation Officers, and Federal agencies in historic preservation plan29 ning and in the identification, evaluation, protection, and interpretation 

30 of historic property. 

31 (c) TRIBAL VALUES.—The program under subsection (a) shall be devel32 oped in a manner to ensure that tribal values are taken into account to the 

33 extent feasible. The Secretary may waive or modify requirements of this 

34 subdivision to conform to the cultural setting of tribal heritage preservation 

35 goals and objectives. 

127 

•HR 1950 EH 

1 (d) SCOPE OF TRIBAL PROGRAMS.—The tribal programs implemented by 

2 specific tribal organizations may vary in scope, as determined by each In3 dian tribe’s chief governing authority. 

4 (e) CONSULTATION.—The Secretary shall consult with Indian tribes, 

5 other Federal agencies, State Historic Preservations Officers, and other in6 terested parties concerning the program under subsection (a). 

7 § 302702. Indian tribe to assume functions of State Historic 

8 Preservation Officer 

9 An Indian tribe may assume all or any part of the functions of a State 

10 Historic Preservation Officer in accordance with sections 302302 and 

11 302303 of this title, with respect to tribal land, as those responsibilities may 

12 be modified for tribal programs through regulations issued by the Secretary, 

13 if— 

14 (1) the Indian tribe’s chief governing authority so requests; 

15 (2) the Indian tribe designates a tribal preservation official to admin16 ister the tribal historic preservation program, through appointment by 

17 the Indian tribe’s chief governing authority or as a tribal ordinance 

18 may otherwise provide; 

19 (3) the tribal preservation official provides the Secretary with a plan 

20 describing how the functions the tribal preservation official proposes to 

21 assume will be carried out; 

22 (4) the Secretary determines, after consulting with the Indian tribe, 

23 the appropriate State Historic Preservation Officer, the Council (if the 

24 Indian tribe proposes to assume the functions of the State Historic 

25 Preservation Officer with respect to review of undertakings under sec26 tion 306108 of this title), and other Indian tribes, if any, whose tribal 

27 or aboriginal land may be affected by conduct of the tribal preservation 

28 program, that— 

29 (A) the tribal preservation program is fully capable of carrying 

30 out the functions specified in the plan provided under paragraph 

31 (3); 

32 (B) the plan defines the remaining responsibilities of the Sec33 retary and the State Historic Preservation Officer; and 

34 (C) the plan provides, with respect to properties neither owned 

35 by a member of the Indian tribe nor held in trust by the Secretary 

36 for the benefit of the Indian tribe, at the request of the owner of 

37 the properties, that the State Historic Preservation Officer, in ad38 dition to the tribal preservation official, may exercise the historic 

39 preservation responsibilities in accordance with sections 302302 

40 and 302303 of this title; and 

128 

•HR 1950 EH 

1 (5) based on satisfaction of the conditions stated in paragraphs (1), 

2 (2), (3), and (4), the Secretary approves the plan. 

3 § 302703. Apportionment of grant funds 

4 In consultation with interested Indian tribes, other Native American orga5 nizations, and affected State Historic Preservation Officers, the Secretary 

6 shall establish and implement procedures for carrying out section 

7 302902(c)(1)(A) of this title with respect to tribal programs that assume 

8 responsibilities under section 302702 of this title. 

9 § 302704. Contracts and cooperative agreements 

10 At the request of an Indian tribe whose preservation program has been 

11 approved to assume functions and responsibilities pursuant to section 

12 302702 of this title, the Secretary shall enter into a contract or cooperative 

13 agreement with the Indian tribe permitting the assumption by the Indian 

14 tribe of any part of the responsibilities described in section 302304(b) of 

15 this title on tribal land, if— 

16 (1) the Secretary and the Indian tribe agree on additional financial 

17 assistance, if any, to the Indian tribe for the costs of carrying out those 

18 authorities; 

19 (2) the Secretary finds that the tribal historic preservation program 

20 has been demonstrated to be sufficient to carry out the contract or co21 operative agreement and this division; and 

22 (3) the contract or cooperative agreement specifies the continuing re23 sponsibilities of the Secretary or of the appropriate State Historic Pres24 ervation Officers and provides for appropriate participation by— 

25 (A) the Indian tribe’s traditional cultural authorities; 

26 (B) representatives of other Indian tribes whose traditional land 

27 is under the jurisdiction of the Indian tribe assuming responsibil28 ities; and 

29 (C) the interested public. 

30 § 302705. Agreement for review under tribal historic preser31 vation regulations 

32 The Council may enter into an agreement with an Indian tribe to permit 

33 undertakings on tribal land to be reviewed under tribal historic preservation 

34 regulations in place of review under regulations promulgated by the Council 

35 to govern compliance with section 306108 of this title, if the Council, after 

36 consultation with the Indian tribe and appropriate State Historic Preserva37 tion Officers, determines that the tribal preservation regulations will afford 

38 historic property consideration equivalent to that afforded by the Council’s 

39 regulations. 

129 

•HR 1950 EH 

1 § 302706. Eligibility for inclusion on National Register 

2 (a) IN GENERAL.—Property of traditional religious and cultural impor3 tance to an Indian tribe or Native Hawaiian organization may be deter4 mined to be eligible for inclusion on the National Register. 

5 (b) CONSULTATION.—In carrying out its responsibilities under section 

6 306108 of this title, a Federal agency shall consult with any Indian tribe 

7 or Native Hawaiian organization that attaches religious and cultural signifi8 cance to property described in subsection (a). 

9 (c) HAWAII.—In carrying out responsibilities under section 302303 of 

10 this title, the State Historic Preservation Officer for Hawaii shall— 

11 (1) consult with Native Hawaiian organizations in assessing the cul12 tural significance of any property in determining whether to nominate 

13 the property to the National Register; 

14 (2) consult with Native Hawaiian organizations in developing the 

15 cultural component of a preservation program or plan for the property; 

16 and 

17 (3) enter into a memorandum of understanding or agreement with 

18 Native Hawaiian organizations for the assessment of the cultural sig19 nificance of a property in determining whether to nominate the prop20 erty to the National Register and to carry out the cultural component 

21 of the preservation program or plan. 

22 Chapter 3029—Grants 

Sec. 

302901. Awarding of grants and availability of grant funds. 

302902. Grants to States. 

302903. Grants to National Trust. 

302904. Direct grants for the preservation of properties included on National Register. 

302905. Religious property. 

302906. Grants and loans to Indian tribes and nonprofit organizations representing ethnic 

or minority groups. 

302907. Grants to Indian tribes and Native Hawaiian organizations. 

302908. Grants to the Federated States of Micronesia, the Republic of the Marshall Islands, 

and the Republic of Palau. 

302909. Prohibited use of grant amounts. 

302910. Recordkeeping. 

23 § 302901. Awarding of grants and availability of grant funds 

24 (a) IN GENERAL.—No grant may be made under this division unless ap25 plication for the grant is submitted to the Secretary in accordance with reg26 ulations and procedures prescribed by the Secretary. 

27 (b) GRANT NOT TREATED AS TAXABLE INCOME.—No grant made pursu28 ant to this division shall be treated as taxable income for purposes of the 

29 Internal Revenue Code of 1986 (26 U.S.C. 1 et seq). 

30 (c) AVAILABILITY.—The Secretary shall make funding available to indi31 vidual States and the National Trust as soon as practicable after execution 

32 of a grant agreement. For purposes of administration, grants to individual 

130 

•HR 1950 EH 

1 States and the National Trust each shall be deemed to be one grant and 

2 shall be administered by the Service as one grant. 

3 § 302902. Grants to States 

4 (a) IN GENERAL.—The Secretary shall administer a program of matching 

5 grants to the States for the purposes of carrying out this division. 

6 (b) CONDITIONS.— 

7 (1) In general.—No grant may be made under this division— 

8 (A) unless the application is in accordance with the comprehen9 sive statewide historic preservation plan that has been approved by 

10 the Secretary after considering its relationship to the comprehen11 sive statewide outdoor recreation plan prepared pursuant to chap12 ter 2003 of this title; 

13 (B) unless the grantee has agreed to make reports, in such form 

14 and containing such information, as the Secretary may from time 

15 to time require; 

16 (C) unless the grantee has agreed to assume, after completion 

17 of the project, the total cost of the continued maintenance, repair, 

18 and administration of the property in a manner satisfactory to the 

19 Secretary; or 

20 (D) until the grantee has complied with such further terms and 

21 conditions as the Secretary may consider necessary or advisable. 

22 (2) WAIVER.—The Secretary may waive the requirements of sub23 paragraphs (A) and (C) of paragraph (1) for any grant under this divi24 sion to the National Trust. 

25 (3) AMOUNT LIMITATION.— 

26 (A) IN GENERAL.—No grant may be made under this division 

27 for more than 60 percent of the aggregate costs of carrying out 

28 projects and programs under the administrative control of the 

29 State Historic Preservation Officer as specified in section 302303 

30 of this title in any one fiscal year. 

31 (B) SOURCE OF STATE SHARE OF COSTS.—Except as permitted 

32 by other law, the State share of the costs referred to in subpara33 graph (A) shall be contributed by non-Federal sources. 

34 (4) RESTRICTION ON USE OF REAL PROPERTY TO MEET NON-FED35 ERAL SHARE OF COST OF PROJECT.—No State shall be permitted to 

36 utilize the value of real property obtained before October 15, 1966, in 

37 meeting the non-Federal share of the cost of a project for which a 

38 grant is made under this division. 

39 (c) APPORTIONMENT OF GRANT AMOUNTS

40 (1) BASES FOR APPORTIONMENT.—The amounts appropriated and 

41 made available for grants to the States— 

131 

•HR 1950 EH 

1 (A) for the purposes of this division shall be apportioned among 

2 the States by the Secretary on the basis of needs as determined 

3 by the Secretary; and 

4 (B) for projects and programs under this division for each fiscal 

5 year shall be apportioned among the States as the Secretary deter6 mines to be appropriate. 

7 (2) NOTIFICATION.—The Secretary shall notify each State of its ap8 portionment under paragraph (1)(B) within 30 days after the date of 

9 enactment of legislation appropriating funds under this division. 

10 (3) REAPPORTIONMENT.—Any amount of any apportionment that 

11 has not been paid or obligated by the Secretary during the fiscal year 

12 in which the notification is given or during the 2 fiscal years after that 

13 fiscal year shall be reapportioned by the Secretary in accordance with 

14 paragraph (1)(B). The Secretary shall analyze and revise as necessary 

15 the method of apportionment. The method and any revision shall be 

16 published by the Secretary in the Federal Register. 

17 (4) TRANSFER OF FUNDS TO CERTIFIED LOCAL GOVERNMENTS.— 

18 Not less than 10 percent of the annual apportionment distributed by 

19 the Secretary to each State for the purposes of carrying out this divi20 sion shall be transferred by the State, pursuant to the requirements of 

21 this division, to certified local governments for historic preservation 

22 projects or programs of the certified local governments. In any year in 

23 which the total annual apportionment to the States exceeds 

24 $65,000,000, 50 percent of the excess shall also be transferred by the 

25 States to certified local governments. 

26 (5) GUIDELINES FOR USE AND DISTRIBUTION OF FUNDS TO CER27 TIFIED LOCAL GOVERNMENTS.—The Secretary shall establish guide28 lines for the use and distribution of funds under paragraph (4) to en29 sure that no certified local government receives a disproportionate 

30 share of the funds available, and may include a maximum or minimum 

31 limitation on the amount of funds distributed to any single certified 

32 local government. The guidelines shall not limit the ability of any State 

33 to distribute more than 10 percent of its annual apportionment under 

34 paragraph (4), nor shall the Secretary require any State to exceed the 

35 10 percent minimum distribution to certified local governments. 

36 (d) ADMINISTRATIVE COSTS.—The total direct and indirect administra37 tive costs charged for carrying out State projects and programs shall not 

38 exceed 25 percent of the aggregate costs (except in the case of a grant to 

39 theFederated States of Micronesia, the Republic of the Marshall Islands, or 

40 the Republic of Palau). 

132 

•HR 1950 EH 

1 § 302903. Grants to National Trust 

2 (a) SECRETARY OF THE INTERIOR.—The Secretary may administer 

3 grants to the National Trust consistent with the purposes of its charter and 

4 this division. 

5 (b) SECRETARY OF HOUSING AND URBAN DEVELOPMENT.—The Sec6 retary of Housing and Urban Development may make grants to the Na7 tional Trust, on terms and conditions and in amounts (not exceeding 

8 $90,000 with respect to any one structure) as the Secretary of Housing and 

9 Urban Development considers appropriate, to cover the costs incurred by 

10 the National Trust in renovating or restoring structures that the National 

11 Trust considers to be of historic or architectural value and that the National 

12 Trust has accepted and will maintain (after the renovation or restoration) 

13 for historic purposes. 

14 § 302904. Direct grants for the preservation of properties in15 cluded on National Register 

16 (a) ADMINISTRATION OF PROGRAM.—The Secretary shall administer a 

17 program of direct grants for the preservation of properties included on the 

18 National Register. 

19 (b) AVAILABLE AMOUNT.—Funds to support the program annually shall 

20 not exceed 10 percent of the amount appropriated annually for the Historic 

21 Preservation Fund. 

22 (c) USES OF GRANTS.— 

23 (1) IN GENERAL.—Grants under this section may be made by the 

24 Secretary, in consultation with the appropriate State Historic Preserva25 tion Officer— 

26 (A) for the preservation of— 

27 (i) National Historic Landmarks that are threatened with 

28 demolition or impairment; and 

29 (ii) historic property of World Heritage significance; 

30 (B) for demonstration projects that will provide information 

31 concerning professional methods and techniques having application 

32 to historic property; 

33 (C) for the training and development of skilled labor in trades 

34 and crafts, and in analysis and curation, relating to historic pres35 ervation; and 

36 (D) to assist individuals or small businesses within any historic 

37 district included on the National Register to remain within the 

38 district. 

39 (2) LIMIT ON CERTAIN GRANTS.—A grant may be made under sub40 paragraph (A) or (D) of paragraph (1) only to the extent that the 

133 

•HR 1950 EH 

1 project cannot be carried out in as effective a manner through the use 

2 of an insured loan under section 303901 of this title. 

3 § 302905. Religious property 

4 (a) IN GENERAL.—Grants may be made under this chapter for the pres5 ervation, stabilization, restoration, or rehabilitation of religious property list6 ed on the National Register if the purpose of the grant— 

7 (1) is secular; 

8 (2) does not promote religion; and 

9 (3) seeks to protect qualities that are historically significant. 

10 (b) EFFECT OF SECTION.—Nothing in this section shall be construed to 

11 authorize the use of any funds made available under this subdivision for the 

12 acquisition of any religious property listed on the National Register. 

13 § 302906. Grants and loans to Indian tribes and nonprofit 

14 organizations representing ethnic or minority 

15 groups 

16 The Secretary may, in consultation with the appropriate State Historic 

17 Preservation Officer, make grants or loans or both under this subdivision 

18 to Indian tribes and to nonprofit organizations representing ethnic or mi19 nority groups for the preservation of their cultural heritage. 

20 § 302907. Grants to Indian tribes and Native Hawaiian orga21 nizations 

22 The Secretary shall administer a program of direct grants to Indian 

23 tribes and Native Hawaiian organizations for the purpose of carrying out 

24 this division as it pertains to Indian tribes and Native Hawaiian organiza25 tions. Matching fund requirements may be modified. Federal funds available 

26 to an Indian tribe or Native Hawaiian organization may be used as match27 ing funds for the purposes of the Indian tribe’s or Native Hawaiian organi28 zation’s conducting its responsibilities pursuant to this subdivision. 

29 § 302908. Grants to the Federated States of Micronesia, the 

30 Republic of the Marshall Islands, and the Republic 

31 of Palau 

32 (a) IN GENERAL.—As part of the program of matching grant assistance 

33 from the Historic Preservation Fund to States, the Secretary shall admin34 ister a program of direct grants to the Federated States of Micronesia, the 

35 Republic of the Marshall Islands, and the Republic of Palau in furtherance 

36 of the Compact of Free Association between the United States and the Fed37 erated States of Micronesia and the Marshall Islands, approved by the Com38 pact of Free Association Act of 1985 (48 U.S.C. 1901 et seq., 2001 et seq.), 

39 and the Compact of Free Association between the United States and Palau, 

40 approved by the Joint Resolution entitled ‘‘Joint Resolution to approve the 

41 ‘Compact of Free Association’ between the United States and Government 

134 

•HR 1950 EH 

1 of Palau, and for other purposes’’ (48 U.S.C. 1931 et seq.) or any successor 

2 enactment. 

3 (b) GOAL OF PROGRAM.—The goal of the program shall be to establish 

4 historic and cultural preservation programs that meet the unique needs of 

5 each of those nations so that at the termination of the compacts the pro6 grams shall be firmly established. 

7 (c) BASIS OF ALLOCATING AMOUNTS.—The amounts to be made avail8 able under this subsection shall be allocated by the Secretary on the basis 

9 of needs as determined by the Secretary. 

10 (d) WAIVERS AND MODIFICATIONS.—The Secretary may waive or modify 

11 the requirements of this subdivision to conform to the cultural setting of 

12 those nations. Matching funds may be waived or modified. 

13 § 302909. Prohibited use of grant amounts 

14 No part of any grant made under this subdivision shall be used to com15 pensate any person intervening in any proceeding under this division. 

16 § 302910. Recordkeeping 

17 A recipient of assistance under this division shall keep— 

18 (1) such records as the Secretary shall prescribe, including records 

19 that fully disclose— 

20 (A) the disposition by the recipient of the proceeds of the assist21 ance; 

22 (B) the total cost of the project or undertaking in connection 

23 with which the assistance is given or used; and 

24 (C) the amount and nature of that portion of the cost of the 

25 project or undertaking supplied by other sources; and 

26 (2) such other records as will facilitate an effective audit. 

27 Chapter 3031—Historic Preservation Fund 

Sec. 

303101. Establishment. 

303102. Content. 

303103. Use and availability. 

28 § 303101. Establishment 

29 To carry out this division (except chapter 3041) and chapter 3121, there 

30 is established in the Treasury the Historic Preservation Fund. 

31 § 303102. Contents 

32 For each of fiscal years 2012 to 2015, $150,000,000 shall be deposited 

33 in the Historic Preservation Fund from revenues due and payable to the 

34 United States under section 9 of the Outer Continental Shelf Lands Act (43 

35 U.S.C. 1338), section 7433(b) of title 10, or both, notwithstanding any pro36 vision of law that those proceeds shall be credited to miscellaneous receipts 

37 of the Treasury. 

135 

•HR 1950 EH 

1 § 303103. Use and availability 

2 Amounts in the Historic Preservation Fund shall be used only to carry 

3 out this division and shall be available for expenditure only when appro4 priated by Congress. Any amount not appropriated shall remain available 

5 in the Historic Preservation Fund until appropriated for those purposes. 

6 Appropriations made pursuant to this section may be made without fiscal 

7 year limitation. 

8 Chapters 3033 Through 3037—Reserved 

9 Chapter 3039—Miscellaneous 

Sec. 

303901. Loan insurance program for preservation of property included on National Register. 

303902. Training in, and dissemination of information concerning, professional methods and 

techniques for preservation of historic property. 

303903. Preservation education and training program. 

10 § 303901. Loan insurance program for preservation of prop11 erty included on National Register 

12 (a) ESTABLISHMENT.—The Secretary shall establish and maintain a pro13 gram by which the Secretary may, on application of a private lender, insure 

14 loans (including loans made in accordance with a mortgage) made by the 

15 lender to finance any project for the preservation of a property included on 

16 the National Register. 

17 (b) LOAN QUALIFICATIONS.—A loan may be insured under this section 

18 if— 

19 (1) the loan is made by a private lender approved by the Secretary 

20 as financially sound and able to service the loan properly; 

21 (2) the amount of the loan, and interest rate charged with respect 

22 to the loan, do not exceed the amount and rate established by the Sec23 retary by regulation; 

24 (3) the Secretary has consulted the appropriate State Historic Pres25 ervation Officer concerning the preservation of the historic property; 

26 (4) the Secretary has determined that the loan is adequately secured 

27 and there is reasonable assurance of repayment; 

28 (5) the repayment period of the loan does not exceed the lesser of 

29 40 years or the expected life of the asset financed; 

30 (6) the amount insured with respect to the loan does not exceed 90 

31 percent of the loss sustained by the lender with respect to the loan; 

32 and 

33 (7) the loan, the borrower, and the historic property to be preserved 

34 meet such other terms and conditions as may be prescribed by the Sec35 retary by regulation, especially terms and conditions relating to the na36 ture and quality of the preservation work. 

37 (c) CONSULTATION.—The Secretary shall consult with the Secretary of 

38 the Treasury regarding the interest rate of loans insured under this section. 

136 

•HR 1950 EH 

1 (d) LIMITATION ON AMOUNT OF UNPAID PRINCIPAL BALANCE OF

2 LOANS.—The aggregate unpaid principal balance of loans insured under 

3 this section may not exceed the amount that has been deposited in the His4 toric Preservation Fund but which has not been appropriated for any pur5 pose. 

6 (e) INSURANCE CONTRACTS.—Any contract of insurance executed by the 

7 Secretary under this section may be assignable, shall be an obligation sup8 ported by the full faith and credit of the United States, and shall be incon9 testable except for fraud or misrepresentation of which the holder had ac10 tual knowledge at the time it became a holder. 

11 (f) CONDITIONS AND METHODS OF PAYMENT AS RESULT OF LOSS.—The 

12 Secretary shall specify, by regulation and in each contract entered into 

13 under this section, the conditions and method of payment to a private lender 

14 as a result of losses incurred by the lender on any loan insured under this 

15 section. 

16 (g) PROTECTION OF FINANCIAL INTERESTS OF FEDERAL GOVERN17 MENT.—In entering into any contract to insure a loan under this section, 

18 the Secretary shall take steps to ensure adequate protection of the financial 

19 interests of the Federal Government. The Secretary may— 

20 (1) in connection with any foreclosure proceeding, obtain, on behalf 

21 of the Federal Government, the historic property securing a loan in22 sured under this section; and 

23 (2) operate or lease the historic property for such period as may be 

24 necessary to protect the interest of the Federal Government and to 

25 carry out subsection (h). 

26 (h) CONVEYANCE TO GOVERNMENTAL OR NONGOVERNMENTAL ENTITY

27 OF PROPERTY ACQUIRED BY FORECLOSURE.— 

28 (1) ATTEMPT TO CONVEY TO ENSURE PROPERTY’S PRESERVATION

29 AND USE.—In any case in which historic property is obtained pursuant 

30 to subsection (g), the Secretary shall attempt to convey the property 

31 to any governmental or nongovernmental entity under conditions that 

32 will ensure the property’s continued preservation and use. If, after a 

33 reasonable time, the Secretary, in consultation with the Council, deter34 mines that there is no feasible and prudent means to convey the prop35 erty and to ensure its continued preservation and use, the Secretary 

36 may convey the property at the fair market value of its interest in the 

37 property to any entity without restriction. 

38 (2) DISPOSITION OF FUNDS.—Any funds obtained by the Secretary 

39 in connection with the conveyance of any historic property pursuant to 

40 paragraph (1) shall be deposited in the Historic Preservation Fund and 

137 

•HR 1950 EH 

1 shall remain available in the Historic Preservation Fund until appro2 priated by Congress to carry out this division. 

3 (i) ASSESSMENT OF FEES IN CONNECTION WITH INSURING LOANS.— 

4 The Secretary may assess appropriate and reasonable fees in connection 

5 with insuring loans under this section. The fees shall be deposited in the 

6 Historic Preservation Fund and shall remain available in the Historic Pres7 ervation Fund until appropriated by Congress to carry out this division. 

8 (j) TREATMENT OF LOANS AS NON-FEDERAL FUNDS.—Notwithstanding 

9 any other provision of law, any loan insured under this section shall be 

10 treated as non-Federal funds for the purposes of satisfying any requirement 

11 of any other provision of law under which Federal funds to be used for any 

12 project or activity are conditioned on the use of non-Federal funds by the 

13 recipient for payment of any portion of the costs of the project or activity. 

14 (k) INELIGIBILITY OF DEBT OBLIGATION FOR PURCHASE OR COMMIT15 MENT TO PURCHASE BY, OR SALE OR ISSUANCE TO, FEDERAL FINANCING

16 BANK.—No debt obligation that is made or committed to be made, or that 

17 is insured or committed to be insured, by the Secretary under this section 

18 shall be eligible for purchase by, or commitment to purchase by, or sale or 

19 issuance to, the Federal Financing Bank. 

20 § 303902. Training in, and dissemination of information con21 cerning, professional methods and techniques for 

22 preservation of historic property 

23 The Secretary shall develop and make available to Federal agencies, State 

24 and local governments, private organizations and individuals, and other na25 tions and international organizations pursuant to the World Heritage Con26 vention, training in, and information concerning, professional methods and 

27 techniques for the preservation of historic property and for the administra28 tion of the historic preservation program at the Federal, State, and local 

29 level. The Secretary shall also develop mechanisms to provide information 

30 concerning historic preservation to the general public including students. 

31 § 303903. Preservation education and training program 

32 The Secretary, in consultation with the Council and other appropriate 

33 Federal, tribal, Native Hawaiian, and non-Federal organizations, shall de34 velop and implement a comprehensive preservation education and training 

35 program. The program shall include— 

36 (1) standards and increased preservation training opportunities for 

37 Federal workers involved in preservation-related functions; 

38 (2) preservation training opportunities for other Federal, State, trib39 al and local government workers, and students; 

40 (3) technical or financial assistance, or both, to historically black col41 leges and universities, to tribal colleges, and to colleges with a high enVerDate Nov 24 2008 11:59 Aug 02, 2012 Jkt 000000 PO 00000 Frm 00137 Fmt 6652 Sfmt 6221 Z:\ENGROSS\H1950.EH CLERK
138 

•HR 1950 EH 

1 rollment of Native Americans or Native Hawaiians, to establish preser2 vation training and degree programs; and 

3 (4) where appropriate, coordination with the National Center for 

4 Preservation Technology and Training of— 

5 (A) distribution of information on preservation technologies; 

6 (B) provision of training and skill development in trades, crafts, 

7 and disciplines related to historic preservation in Federal training 

8 and development programs; and 

9 (C) support for research, analysis, conservation, curation, inter10 pretation, and display related to preservation. 

11 Subdivision 3—Advisory Council on 

12 Historic Preservation 

13 Chapter 3041—Advisory Council on 

14 Historic Preservation 

Sec. 

304101. Establishment; vacancies. 

304102. Duties of Council. 

304103. Cooperation between Council and instrumentalities of executive branch of Federal 

Government. 

304104. Compensation of members of Council. 

304105. Administration. 

304106. International Centre for the Study of the Preservation and Restoration of Cultural 

Property. 

304107. Transmittal of legislative recommendations, testimony, or comments to any officer 

or agency of the United States prior to submission to Congress. 

304108. Regulations, procedures, and guidelines. 

304109. Budget submission. 

304110. Report by Secretary to Council. 

304111. Reimbursements from State and local agencies. 

304112. Effectiveness of Federal grant and assistance programs. 

15 § 304101. Establishment; vacancies 

16 (a) ESTABLISHMENT.—There is established as an independent agency of 

17 the United States Government an Advisory Council on Historic Preserva18 tion, which shall be composed of the following members: 

19 (1) A Chairman appointed by the President selected from the general 

20 public. 

21 (2) The Secretary. 

22 (3) The Architect of the Capitol. 

23 (4) The Secretary of Agriculture and the heads of 7 other agencies 

24 of the United States (other than the Department of the Interior), the 

25 activities of which affect historic preservation, designated by the Presi26 dent. 

27 (5) One Governor appointed by the President. 

28 (6) One mayor appointed by the President. 

29 (7) The President of the National Conference of State Historic Pres30 ervation Officers. 

31 (8) The Chairman of the National Trust. 

139 

•HR 1950 EH 

1 (9) Four experts in the field of historic preservation appointed by 

2 the President from architecture, history, archeology, and other appro3 priate disciplines. 

4 (10) Three members from the general public, appointed by the Presi5 dent. 

6 (11) One member of an Indian tribe or Native Hawaiian organiza7 tion who represents the interests of the Indian tribe or Native Hawai8 ian organization of which he or she is a member, appointed by the 

9 President. 

10 (b) DESIGNATION OF SUBSTITUTES.—Each member of the Council speci11 fied in paragraphs (2) to (5), (7), and (8) of subsection (a) may designate 

12 another officer of the department, agency, or organization to serve on the 

13 Council instead of the member, except that, in the case of paragraphs (2) 

14 and (4), no officer other than an Assistant Secretary or an officer having 

15 major department-wide or agency-wide responsibilities may be designated. 

16 (c) TERM OF OFFICE.—Each member of the Council appointed under 

17 paragraphs (1) and (9) to (11) of subsection (a) shall serve for a term of 

18 4 years from the expiration of the term of the member’s predecessor. The 

19 members appointed under paragraphs (5) and (6) shall serve for the term 

20 of their elected office but not in excess of 4 years. An appointed member 

21 may not serve more than 2 terms. An appointed member whose term has 

22 expired shall serve until that member’s successor has been appointed. 

23 (d) VACANCIES.—A vacancy in the Council shall not affect its powers, but 

24 shall be filled, not later than 60 days after the vacancy commences, in the 

25 same manner as the original appointment (and for the balance of the unex26 pired term). 

27 (e) DESIGNATION OF VICE CHAIRMAN.—The President shall designate a 

28 Vice Chairman from the members appointed under paragraph (5), (6), (9), 

29 or (10) of subsection (a). The Vice Chairman may act in place of the Chair30 man during the absence or disability of the Chairman or when the office 

31 is vacant. 

32 (f) QUORUM.—Twelve members of the Council shall constitute a quorum. 

33 § 304102. Duties of Council 

34 (a) DUTIES.—The Council shall— 

35 (1) advise the President and Congress on matters relating to historic 

36 preservation, recommend measures to coordinate activities of Federal, 

37 State, and local agencies and private institutions and individuals relat38 ing to historic preservation, and advise on the dissemination of infor39 mation pertaining to those activities; 

140 

•HR 1950 EH 

1 (2) encourage, in cooperation with the National Trust and appro2 priate private agencies, public interest and participation in historic 

3 preservation; 

4 (3) recommend the conduct of studies in such areas as— 

5 (A) the adequacy of legislative and administrative statutes and 

6 regulations pertaining to historic preservation activities of State 

7 and local governments; and 

8 (B) the effects of tax policies at all levels of government on his9 toric preservation; 

10 (4) advise as to guidelines for the assistance of State and local gov11 ernments in drafting legislation relating to historic preservation; 

12 (5) encourage, in cooperation with appropriate public and private 

13 agencies and institutions, training and education in the field of historic 

14 preservation; 

15 (6) review the policies and programs of Federal agencies and rec16 ommend to Federal agencies methods to improve the effectiveness, co17 ordination, and consistency of those policies and programs with the 

18 policies and programs carried out under this division; and 

19 (7) inform and educate Federal agencies, State and local govern20 ments, Indian tribes, other nations and international organizations and 

21 private groups and individuals as to the Council’s authorized activities. 

22 (b) ANNUAL REPORT.—The Council annually shall submit to the Presi23 dent a comprehensive report of its activities and the results of its studies 

24 and shall from time to time submit additional and special reports as it 

25 deems advisable. Each report shall propose legislative enactments and other 

26 actions as, in the judgment of the Council, are necessary and appropriate 

27 to carry out its recommendations and shall provide the Council’s assessment 

28 of current and emerging problems in the field of historic preservation and 

29 an evaluation of the effectiveness of the programs of Federal agencies, State 

30 and local governments, and the private sector in carrying out this division. 

31 § 304103. Cooperation between Council and instrumental32 ities of executive branch of Federal Government 

33 The Council may secure directly from any Federal agency information, 

34 suggestions, estimates, and statistics for the purpose of this chapter. Each 

35 Federal agency may furnish information, suggestions, estimates, and statis36 tics to the extent permitted by law and within available funds. 

37 § 304104. Compensation of members of Council 

38 The members of the Council specified in paragraphs (2), (3), and (4) of 

39 section 304101(a) of this title shall serve without additional compensation. 

40 The other members of the Council shall receive $100 per diem when en41 gaged in the performance of the duties of the Council. All members of the 

141 

•HR 1950 EH 

1 Council shall receive reimbursement for necessary traveling and subsistence 

2 expenses incurred by them in the performance of the duties of the Council. 

3 § 304105. Administration 

4 (a) EXECUTIVE DIRECTOR.—There shall be an Executive Director of the 

5 Council who shall be appointed by the Chairman with the concurrence of 

6 the Council in the competitive service at a rate within the General Schedule, 

7 in the competitive service at a rate that may exceed the rate prescribed for 

8 the highest rate established for grade 15 of the General Schedule under sec9 tion 5332 of title 5, or in the Senior Executive Service under section 3393 

10 of title 5. The Executive Director shall report directly to the Council and 

11 perform such functions and duties as the Council may prescribe. 

12 (b) GENERAL COUNSEL AND APPOINTMENT OF OTHER ATTORNEYS.— 

13 (1) GENERAL COUNSEL.—The Council shall have a General Counsel, 

14 who shall be appointed by the Executive Director. The General Counsel 

15 shall report directly to the Executive Director and serve as the Coun16 cil’s legal advisor. 

17 (2) APPOINTMENT OF OTHER ATTORNEYS.—The Executive Director 

18 shall appoint other attorneys as may be necessary to— 

19 (A) assist the General Counsel; 

20 (B) represent the Council in court when appropriate, including 

21 enforcement of agreements with Federal agencies to which the 

22 Council is a party; 

23 (C) assist the Department of Justice in handling litigation con24 cerning the Council in court; and 

25 (D) perform such other legal duties and functions as the Execu26 tive Director and the Council may direct. 

27 (c) APPOINTMENT AND COMPENSATION OF OFFICERS AND EMPLOY28 EES.—The Executive Director of the Council may appoint and fix the com29 pensation of officers and employees in the competitive service who are nec30 essary to perform the functions of the Council at rates not to exceed that 

31 prescribed for the highest rate for grade 15 of the General Schedule under 

32 section 5332 of title 5. The Executive Director, with the concurrence of the 

33 Chairman, may appoint and fix the compensation of not to exceed 5 employ34 ees in the competitive service at rates that exceed that prescribed for the 

35 highest rate established for grade 15 of the General Schedule under section 

36 5332 of title 5 or in the Senior Executive Service under section 3393 of 

37 title 5. 

38 (d) APPOINTMENT AND COMPENSATION OF ADDITIONAL PERSONNEL.— 

39 The Executive Director may appoint and fix the compensation of such addi40 tional personnel as may be necessary to carry out the Council’s duties, withVerDate Nov 24 2008 11:59 Aug 02, 2012 Jkt 000000 PO 00000 Frm 00141 Fmt 6652 Sfmt 6221 Z:\ENGROSS\H1950.EH CLERK
142 

•HR 1950 EH 

1 out regard to the civil service laws and chapter 51 and subchapter III of 

2 chapter 53 of title 5. 

3 (e) EXPERT AND CONSULTANT SERVICES.—The Executive Director may 

4 procure expert and consultant services in accordance with section 3109 of 

5 title 5. 

6 (f) FINANCIAL AND ADMINISTRATIVE SERVICES.— 

7 (1) SERVICES TO BE PROVIDED BY SECRETARY, AGENCY, OR PRI8 VATE ENTITY.—Financial and administrative services (including those 

9 related to budgeting, accounting, financial reporting, personnel and 

10 procurement) shall be provided the Council by the Secretary or, at the 

11 discretion of the Council, another agency or private entity that reaches 

12 an agreement with the Council, for which payments shall be made in 

13 advance, or by reimbursement, from funds of the Council in such 

14 amounts as may be agreed on by the Chairman of the Council and the 

15 head of the agency or the authorized representative of the private enti16 ty that will provide the services. 

17 (2) FEDERAL AGENCY REGULATIONS RELATING TO COLLECTION

18 APPLY.—When a Federal agency affords those services, the regulations 

19 of that agency under section 5514(b) of title 5 for the collection of in20 debtedness of personnel resulting from erroneous payments shall apply 

21 to the collection of erroneous payments made to or on behalf of a 

22 Council employee, and regulations of that agency under sections 

23 1513(d) and 1514 of title 31 for the administrative control of funds 

24 shall apply to appropriations of the Council. The Council shall not be 

25 required to prescribe those regulations. 

26 (g) FUNDS, PERSONNEL, FACILITIES, AND SERVICES.— 

27 (1) PROVIDED BY FEDERAL AGENCY.—Any Federal agency may pro28 vide the Council, with or without reimbursement as may be agreed on 

29 by the Chairman and the agency, with such funds, personnel, facilities, 

30 and services under its jurisdiction and control as may be needed by the 

31 Council to carry out its duties, to the extent that the funds, personnel, 

32 facilities, and services are requested by the Council and are otherwise 

33 available for that purpose. Any funds provided to the Council pursuant 

34 to this subsection shall be obligated by the end of the fiscal year fol35 lowing the fiscal year in which the funds are received by the Council. 

36 (2) OBTAINING ADDITIONAL PROPERTY, FACILITIES, AND SERVICES

37 AND RECEIVING DONATIONS OF MONEY.—To the extent of available ap38 propriations, the Council may obtain by purchase, rental, donation, or 

39 otherwise additional property, facilities, and services as may be needed 

40 to carry out its duties and may receive donations of money for that 

41 purpose. The Executive Director may accept, hold, use, expend, and adVerDate Nov 24 2008 11:59 Aug 02, 2012 Jkt 000000 PO 00000 Frm 00142 Fmt 6652 Sfmt 6221 Z:\ENGROSS\H1950.EH CLERK
143 

•HR 1950 EH 

1 minister the property, facilities, services, and money for the purposes 

2 of this division. 

3 (h) RIGHTS, BENEFITS, AND PRIVILEGES OF TRANSFERRED EMPLOY4 EES.—Any employee in the competitive service of the United States trans5 ferred to the Council under section 207 of the National Historic Preserva6 tion Act (Public Law 89–665) retains all the rights, benefits, and privileges 

7 pertaining to the competitive service held prior to the transfer. 

8 (i) EXEMPTION FROM FEDERAL ADVISORY COMMITTEE ACT.—The 

9 Council is exempt from the Federal Advisory Committee Act (5 U.S.C. 

10 App.). 

11 (j) PROVISIONS THAT GOVERN OPERATIONS OF COUNCIL.—Subchapter 

12 II of chapter 5 and chapter 7 of title 5 shall govern the operations of the 

13 Council. 

14 § 304106. International Centre for the Study of the Preserva15 tion and Restoration of Cultural Property 

16 (a) AUTHORIZATION OF PARTICIPATION.—The participation of the United 

17 States as a member in the International Centre for the Study of the Preser18 vation and Restoration of Cultural Property is authorized. 

19 (b) OFFICIAL DELEGATION.—The Council shall recommend to the Sec20 retary of State, after consultation with the Smithsonian Institution and 

21 other public and private organizations concerned with the technical problems 

22 of preservation, the members of the official delegation that will participate 

23 in the activities of the International Centre for the Study of the Preserva24 tion and Restoration of Cultural Property on behalf of the United States. 

25 The Secretary of State shall appoint the members of the official delegation 

26 from the persons recommended to the Secretary of State by the Council. 

27 § 304107. Transmittal of legislative recommendations, testi28 mony, or comments to any officer or agency of the 

29 United States prior to submission to Congress 

30 No officer or agency of the United States shall have any authority to re31 quire the Council to submit its legislative recommendations, or testimony, 

32 or comments on legislation to any officer or agency of the United States 

33 for approval, comments, or review, prior to the submission of the rec34 ommendations, testimony, or comments to Congress. When the Council vol35 untarily seeks to obtain the comments or review of any officer or agency 

36 of the United States, the Council shall include a description of the actions 

37 in its legislative recommendations, testimony, or comments on legislation 

38 that it transmits to Congress. 

144 

•HR 1950 EH 

1 § 304108. Regulations, procedures, and guidelines 

2 (a) IN GENERAL.—The Council may promulgate regulations as it con3 siders necessary to govern the implementation of section 306108 of this title 

4 in its entirety. 

5 (b) PARTICIPATION BY LOCAL GOVERNMENTS.—The Council shall by reg6 ulation establish such procedures as may be necessary to provide for partici7 pation by local governments in proceedings and other actions taken by the 

8 Council with respect to undertakings referred to in section 306108 of this 

9 title that affect the local governments. 

10 (c) EXEMPTION FOR FEDERAL PROGRAMS OR UNDERTAKINGS.—The 

11 Council, with the concurrence of the Secretary, shall promulgate regulations 

12 or guidelines, as appropriate, under which Federal programs or under13 takings may be exempted from any or all of the requirements of this divi14 sion when the exemption is determined to be consistent with the purposes 

15 of this division, taking into consideration the magnitude of the exempted un16 dertaking or program and the likelihood of impairment of historic property. 

17 § 304109. Budget submission 

18 (a) TIME AND MANNER OF SUBMISSION.—The Council shall submit its 

19 budget annually as a related agency of the Department of the Interior. 

20 (b) TRANSMITTAL OF COPIES TO CONGRESSIONAL COMMITTEES.—When21 ever the Council submits any budget estimate or request to the President 

22 or the Office of Management and Budget, it shall concurrently transmit 

23 copies of that estimate or request to the Committee on Natural Resources 

24 and Committee on Appropriations of the House of Representatives and the 

25 Committee on Energy and Natural Resources and Committee on Appropria26 tions of the Senate. 

27 § 304110. Report by Secretary to Council 

28 To assist the Council in discharging its responsibilities under this divi29 sion, the Secretary at the request of the Chairman shall provide a report 

30 to the Council detailing the significance of any historic property, describing 

31 the effects of any proposed undertaking on the affected property, and rec32 ommending measures to avoid, minimize, or mitigate adverse effects. 

33 § 304111. Reimbursements from State and local agencies 

34 Subject to applicable conflict of interest laws, the Council may receive re35 imbursements from State and local agencies and others pursuant to agree36 ments executed in furtherance of this division. 

37 § 304112. Effectiveness of Federal grant and assistance pro38 grams 

39 (a) COOPERATIVE AGREEMENTS.—The Council may enter into a coopera40 tive agreement with any Federal agency that administers a grant or assist41 ance program for the purpose of improving the effectiveness of the adminisVerDate Nov 24 2008 11:59 Aug 02, 2012 Jkt 000000 PO 00000 Frm 00144 Fmt 6652 Sfmt 6221 Z:\ENGROSS\H1950.EH CLERK
145 

•HR 1950 EH 

1 tration of the program in meeting the purposes and policies of this division. 

2 The cooperative agreement may include provisions that modify the selection 

3 criteria for a grant or assistance program to further the purposes of this 

4 division or that allow the Council to participate in the selection of recipients, 

5 if those provisions are not inconsistent with the grant or assistance pro6 gram’s statutory authorization and purpose. 

7 (b) REVIEW OF GRANT AND ASSISTANCE PROGRAMS.—The Council 

8 may— 

9 (1) review the operation of any Federal grant or assistance program 

10 to evaluate the effectiveness of the program in meeting the purposes 

11 and policies of this division; 

12 (2) make recommendations to the head of any Federal agency that 

13 administers the program to further the consistency of the program with 

14 the purposes and policies of this division and to improve its effective15 ness in carrying out those purposes and policies; and 

16 (3) make recommendations to the President and Congress regarding 

17 the effectiveness of Federal grant and assistance programs in meeting 

18 the purposes and policies of this division, including recommendations 

19 with regard to appropriate funding levels. 

20 Subdivision 4—Other Organizations and 

21 Programs 

22 Chapter 3051—Historic Light Station 

23 Preservation 

Sec. 

305101. Definitions. 

305102. Duties of Secretary in providing a national historic light station program. 

305103. Selection of eligible entity and conveyance of historic light stations. 

305104. Terms of conveyance. 

305105. Description of property. 

305106. Historic light station sales. 

24 § 305101. Definitions 

25 In this chapter: 

26 (1) ADMINISTRATOR.—The term ‘‘Administrator’’ means the Admin27 istrator of General Services. 

28 (2) ELIGIBLE ENTITY.—The term ‘‘eligible entity’’ means— 

29 (A) any department or agency of the Federal Government; or 

30 (B) any department or agency of the State in which a historic 

31 light station is located, the local government of the community in 

32 which a historic light station is located, a nonprofit corporation, 

33 an educational agency, or a community development organization 

34 that— 

35 (i) has agreed to comply with the conditions set forth in 

36 section 305104 of this title and to have the conditions re37 corded with the deed of title to the historic light station; and 

146 

•HR 1950 EH 

1 (ii) is financially able to maintain the historic light station 

2 in accordance with the conditions set forth in section 305104 

3 of this title. 

4 (3) FEDERAL AID TO NAVIGATION.— 

5 (A) IN GENERAL.—The term ‘‘Federal aid to navigation’’ means 

6 any device, operated and maintained by the United States, exter7 nal to a vessel or aircraft, intended to assist a navigator to deter8 mine position or safe course, or to warn of dangers or obstructions 

9 to navigation. 

10 (B) INCLUSIONS.—The term ‘‘Federal aid to navigation’’ in11 cludes a light, lens, lantern, antenna, sound signal, camera, sen12 sor, piece of electronic navigation equipment, power source, or 

13 other piece of equipment associated with a device described in sub14 paragraph (A). 

15 (4) HISTORIC LIGHT STATION.—The term ‘‘historic light station’’ in16 cludes the light tower, lighthouse, keeper’s dwelling, garages, storage 

17 sheds, oil house, fog signal building, boat house, barn, pumphouse, 

18 tramhouse support structures, piers, walkways, underlying and appur19 tenant land and related real property and improvements associated 

20 with a historic light station that is a historic property. 

21 § 305102. Duties of Secretary in providing a national his22 toric light station program 

23 To provide a national historic light station program, the Secretary shall— 

24 (1) collect and disseminate information concerning historic light sta25 tions; 

26 (2) foster educational programs relating to the history, practice, and 

27 contribution to society of historic light stations; 

28 (3) sponsor or conduct research and study into the history of light 

29 stations; 

30 (4) maintain a listing of historic light stations; and 

31 (5) assess the effectiveness of the program established by this chap32 ter regarding the conveyance of historic light stations. 

33 § 305103. Selection of eligible entity and conveyance of his34 toric light stations 

35 (a) PROCESS AND POLICIES.—The Secretary and the Administrator shall 

36 maintain a process and policies for identifying, and selecting, an eligible en37 tity to which a historic light station could be conveyed for education, park, 

38 recreation, cultural, or historic preservation purposes, and to monitor the 

39 use of the light station by the eligible entity. 

40 (b) APPLICATION REVIEW.— 

41 (1) IN GENERAL.—The Secretary shall— 

147 

•HR 1950 EH 

1 (A) review all applications for the conveyance of a historic light 

2 station, when the agency with administrative jurisdiction over the 

3 historic light station has determined the property to be excess 

4 property (as that term is defined in section 102 of title 40); and 

5 (B) forward to the Administrator a single approved application 

6 for the conveyance of the historic light station. 

7 (2) CONSULTATION.—When selecting an eligible entity, the Secretary 

8 shall consult with the State Historic Preservation Officer of the State 

9 in which the historic light station is located. 

10 (c) CONVEYANCE OR SALE OF HISTORIC LIGHT STATIONS.— 

11 (1) CONVEYANCE BY ADMINISTRATOR.—Except as provided in para12 graph (2), after the Secretary’s selection of an eligible entity, the Ad13 ministrator shall convey, by quitclaim deed, without consideration, all 

14 right, title, and interest of the United States in and to a historic light 

15 station, subject to the conditions set forth in section 305104 of this 

16 title. The conveyance of a historic light station under this chapter shall 

17 not be subject to the McKinney-Vento Homeless Assistance Act (42 

18 U.S.C. 11301 et seq.) or section 416(d) of the Coast Guard Authoriza19 tion Act of 1998 (Public Law 105–383, 14 U.S.C. 93 note). 

20 (2) HISTORIC LIGHT STATION LOCATED WITHIN A SYSTEM UNIT OR

21 A REFUGE WITHIN NATIONAL WILDLIFE REFUGE SYSTEM.— 

22 (A) APPROVAL OF SECRETARY REQUIRED.—A historic light sta23 tion located within the exterior boundaries of a System unit or a 

24 refuge within the National Wildlife Refuge System shall be con25 veyed or sold only with the approval of the Secretary. 

26 (B) CONDITIONS OF CONVEYANCE.—If the Secretary approves 

27 the conveyance of a historic light station described in subpara28 graph (A), the conveyance shall be subject to the conditions set 

29 forth in section 305104 of this title and any other terms or condi30 tions that the Secretary considers necessary to protect the re31 sources of the System unit or wildlife refuge. 

32 (C) CONDITIONS OF SALE.—If the Secretary approves the sale 

33 of a historic light station described in subparagraph (A), the sale 

34 shall be subject to the conditions set forth in paragraphs (1) to 

35 (4) and (8) of subsection (a), and subsection (b), of section 

36 305104 of this title and any other terms or conditions that the 

37 Secretary considers necessary to protect the resources of the Sys38 tem unit or wildlife refuge. 

39 (D) COOPERATIVE AGREEMENTS.—The Secretary is encouraged 

40 to enter into cooperative agreements with appropriate eligible enti41 ties with respect to historic light stations described in subparaVerDate Nov 24 2008 11:59 Aug 02, 2012 Jkt 000000 PO 00000 Frm 00147 Fmt 6652 Sfmt 6221 Z:\ENGROSS\H1950.EH CLERK
148 

•HR 1950 EH 

1 graph (A), as provided in this division, to the extent that the coop2 erative agreements are consistent with the Secretary’s responsibil3 ities to manage and administer the System unit or wildlife refuge. 

4 § 305104. Terms of conveyance 

5 (a) IN GENERAL.—The conveyance of a historic light station shall be 

6 made subject to any conditions, including the reservation of easements and 

7 other rights on behalf of the United States, that the Administrator con8 siders necessary to ensure that— 

9 (1) the Federal aids to navigation located at the historic light station 

10 in operation on the date of conveyance remain the personal property 

11 of the United States and continue to be operated and maintained by 

12 the United States for as long as needed for navigational purposes; 

13 (2) there is reserved to the United States the right to remove, re14 place, or install any Federal aid to navigation located at the historic 

15 light station as may be necessary for navigational purposes; 

16 (3) the eligible entity to which the historic light station is conveyed 

17 shall not interfere or allow interference in any manner with any Fed18 eral aid to navigation or hinder activities required for the operation and 

19 maintenance of any Federal aid to navigation without the express writ20 ten permission of the head of the agency responsible for maintaining 

21 the Federal aid to navigation; 

22 (4)(A) the eligible entity to which the historic light station is con23 veyed shall, at its own cost and expense, use and maintain the historic 

24 light station in accordance with this division, the Secretary of the Inte25 rior’s Standards for the Treatment of Historic Properties contained in 

26 part 68 of title 36, Code of Federal Regulations, and other applicable 

27 laws; and 

28 (B) any proposed changes to the historic light station shall be re29 viewed and approved by the Secretary in consultation with the State 

30 Historic Preservation Officer of the State in which the historic light 

31 station is located, for consistency with section 800.5(a)(2)(vii) of title 

32 36, Code of Federal Regulations and the Secretary’s Standards for Re33 habilitation contained in section 67.7 of title 36, Code of Federal Regu34 lations; 

35 (5) the eligible entity to which the historic light station is conveyed 

36 shall make the historic light station available for education, park, recre37 ation, cultural, or historic preservation purposes for the general public 

38 at reasonable times and under reasonable conditions; 

39 (6) the eligible entity to which the historic light station is conveyed 

40 shall not sell, convey, assign, exchange, or encumber the historic light 

41 station, any part of the historic light station, or any associated historic 

149 

•HR 1950 EH 

1 artifact conveyed to the eligible entity in conjunction with the historic 

2 light station conveyance, including any lens or lantern, unless the sale, 

3 conveyance, assignment, exchange, or encumbrance is approved by the 

4 Secretary; 

5 (7) the eligible entity to which the historic light station is conveyed 

6 shall not conduct any commercial activity at the historic light station, 

7 at any part of the historic light station, or in connection with any asso8 ciated historic artifact conveyed to the eligible entity in conjunction 

9 with the historic light station conveyance, in any manner, unless the 

10 commercial activity is approved by the Secretary; and 

11 (8) the United States shall have the right, at any time, to enter the 

12 historic light station without notice, for purposes of operating, main13 taining, and inspecting any aid to navigation and for the purpose of 

14 ensuring compliance with this section, to the extent that it is not pos15 sible to provide advance notice. 

16 (b) MAINTENANCE OF AID TO NAVIGATION.—Any eligible entity to which 

17 a historic light station is conveyed shall not be required to maintain any 

18 Federal aid to navigation associated with a historic light station, except any 

19 private aid to navigation permitted to the eligible entity under section 83 

20 of title 14. 

21 (c) REVERSION.—In addition to any term or condition established pursu22 ant to this section, the conveyance of a historic light station shall include 

23 a condition that the historic light station, or any associated historic artifact 

24 conveyed to the eligible entity in conjunction with the historic light station 

25 conveyance, including any lens or lantern, at the option of the Adminis26 trator, shall revert to the United States and be placed under the administra27 tive control of the Administrator, if— 

28 (1) the historic light station, any part of the historic light station, 

29 or any associated historic artifact ceases to be available for education, 

30 park, recreation, cultural, or historic preservation purposes for the gen31 eral public at reasonable times and under reasonable conditions that 

32 shall be set forth in the eligible entity’s application; 

33 (2) the historic light station or any part of the historic light station 

34 ceases to be maintained in a manner that ensures its present or future 

35 use as a site for a Federal aid to navigation; 

36 (3) the historic light station, any part of the historic light station, 

37 or any associated historic artifact ceases to be maintained in compli38 ance with this division, the Secretary of the Interior’s Standards for 

39 the Treatment of Historic Properties contained in part 68 of title 36, 

40 Code of Federal Regulations, and other applicable laws; 

150 

•HR 1950 EH 

1 (4) the eligible entity to which the historic light station is conveyed 

2 sells, conveys, assigns, exchanges, or encumbers the historic light sta3 tion, any part of the historic light fixture, or any associated historic 

4 artifact, without approval of the Secretary; 

5 (5) the eligible entity to which the historic light station is conveyed 

6 conducts any commercial activity at the historic light station, at any 

7 part of the historic light station, or in conjunction with any associated 

8 historic artifact, without approval of the Secretary; or 

9 (6) at least 30 days before the reversion, the Administrator provides 

10 written notice to the owner that the historic light station or any part 

11 of the historic light station is needed for national security purposes. 

12 (d) LIGHT STATIONS ORIGINALLY CONVEYED UNDER OTHER AUTHOR13 ITY.—On receiving notice of an executed or intended conveyance by an 

14 owner that received from the Federal Government under authority other 

15 than this division a historic light station in which the United States retains 

16 a reversionary or other interest and that is conveying it to another person 

17 by sale, gift, or any other manner, the Secretary shall review the terms of 

18 the executed or proposed conveyance to ensure that any new owner is capa19 ble of or is complying with any and all conditions of the original conveyance. 

20 The Secretary may require the parties to the conveyance and relevant Fed21 eral agencies to provide information as is necessary to complete the review. 

22 If the Secretary determines that the new owner has not complied or is un23 able to comply with those conditions, the Secretary shall immediately advise 

24 the Administrator, who shall invoke any reversionary interest or take other 

25 action as may be necessary to protect the interests of the United States. 

26 § 305105. Description of property 

27 (a) IN GENERAL.—The Administrator shall prepare the legal description 

28 of any historic light station conveyed under this chapter. The Administrator, 

29 in consultation with the Secretary of Homeland Security and the Secretary, 

30 may retain all right, title, and interest of the United States in and to any 

31 historical artifact, including any lens or lantern, that is associated with the 

32 historic light station and located at the historic light station at the time of 

33 conveyance. Wherever possible, the historical artifacts should be used in in34 terpreting the historic light station. In cases where there is no method for 

35 preserving lenses and other artifacts and equipment in situ, priority should 

36 be given to preservation or museum entities most closely associated with the 

37 historic light station, if they meet loan requirements. 

38 (b) ARTIFACTS.—Artifacts associated with, but not located at, a historic 

39 light station at the time of conveyance shall remain the property of the 

40 United States under the administrative control of the Secretary of Home41 land Security. 

151 

•HR 1950 EH 

1 (c) COVENANTS.—All conditions placed with the quitclaim deed of title to 

2 the historic light station shall be construed as covenants running with the 

3 land. 

4 (d) SUBMERGED LAND.—No submerged land shall be conveyed under this 

5 chapter. 

6 § 305106. Historic light station sales 

7 (a) IN GENERAL.— 

8 (1) WHEN SALE MAY OCCUR.—If no applicant is approved for the 

9 conveyance of a historic light station pursuant to sections 305101 

10 through 305105 of this title, the historic light station shall be offered 

11 for sale. 

12 (2) TERMS OF SALE.—Terms of the sales— 

13 (A) shall be developed by the Administrator; and 

14 (B) shall be consistent with the requirements of paragraphs (1) 

15 to (4) and (8) of subsection (a), and subsection (b), of section 

16 305104 of this title. 

17 (3) COVENANTS TO BE INCLUDED IN CONVEYANCE DOCUMENTS.— 

18 Conveyance documents shall include all necessary covenants to protect 

19 the historical integrity of the historic light station and ensure that any 

20 Federal aid to navigation located at the historic light station is oper21 ated and maintained by the United States for as long as needed for 

22 that purpose. 

23 (b) NET SALE PROCEEDS.— 

24 (1) DISPOSITION AND USE OF FUNDS.—Net sale proceeds from the 

25 disposal of a historic light station— 

26 (A) located on public domain land shall be transferred to the 

27 National Maritime Heritage Grants Program established under 

28 chapter 3087 in the Department of the Interior; and 

29 (B) under the administrative control of the Secretary of Home30 land Security— 

31 (i) shall be credited to the Coast Guard’s Operating Ex32 penses appropriation account; and 

33 (ii) shall be available for obligation and expenditure for the 

34 maintenance of light stations remaining under the adminis35 trative control of the Secretary of Homeland Security. 

36 (2) AVAILABILITY OF FUNDS.—The funds referred to in paragraph 

37 (1)(B) shall remain available until expended and shall be available in 

38 addition to funds available in the Coast Guard’s Operating Expense ap39 propriation for that purpose. 

152 

•HR 1950 EH 

1 Chapter 3053—National Center for 

2 Preservation Technology and Training 

Sec. 

305301. Definitions. 

305302. National Center for Preservation Technology and Training. 

305303. Preservation Technology and Training Board. 

305304. Preservation grants. 

305305. General provisions. 

305306. Service preservation centers and offices. 

3 § 305301. Definitions 

4 In this chapter: 

5 (1) BOARD.—The term ‘‘Board’’ means the Preservation Technology 

6 and Training Board established pursuant to section 305303 of this 

7 title. 

8 (2) CENTER.—The term ‘‘Center’’ means the National Center for 

9 Preservation Technology and Training established pursuant to section 

10 305302 of this title. 

11 § 305302. National Center for Preservation Technology and 

12 Training 

13 (a) ESTABLISHMENT.—There is established within the Department of the 

14 Interior a National Center for Preservation Technology and Training. The 

15 Center shall be located at Northwestern State University of Louisiana in 

16 Natchitoches, Louisiana. 

17 (b) PURPOSES.—The purposes of the Center shall be to— 

18 (1) develop and distribute preservation and conservation skills and 

19 technologies for the identification, evaluation, conservation, and inter20 pretation of historic property; 

21 (2) develop and facilitate training for Federal, State, and local re22 source preservation professionals, cultural resource managers, mainte23 nance personnel, and others working in the preservation field; 

24 (3) take steps to apply preservation technology benefits from ongoing 

25 research by other agencies and institutions; 

26 (4) facilitate the transfer of preservation technology among Federal 

27 agencies, State and local governments, universities, international orga28 nizations, and the private sector; and 

29 (5) cooperate with related international organizations including the 

30 International Council on Monuments and Sites, the International Cen31 ter for the Study of Preservation and Restoration of Cultural Property, 

32 and the International Council on Museums. 

33 (c) PROGRAMS.—The purposes shall be carried out through research, pro34 fessional training, technical assistance, and programs for public awareness, 

35 and through a program of grants established under section 305304 of this 

36 title. 

153 

•HR 1950 EH 

1 (d) EXECUTIVE DIRECTOR.—The Center shall be headed by an Executive 

2 Director with demonstrated expertise in historic preservation appointed by 

3 the Secretary with advice of the Board. 

4 (e) ASSISTANCE FROM SECRETARY.—The Secretary shall provide the 

5 Center assistance in obtaining such personnel, equipment, and facilities as 

6 may be needed by the Center to carry out its activities. 

7 § 305303. Preservation Technology and Training Board 

8 (a) ESTABLISHMENT.—There is established a Preservation Technology 

9 and Training Board. 

10 (b) DUTIES.—The Board shall— 

11 (1) provide leadership, policy advice, and professional oversight to 

12 the Center; 

13 (2) advise the Secretary on priorities and the allocation of grants 

14 among the activities of the Center; and 

15 (3) submit an annual report to the President and Congress. 

16 (c) MEMBERSHIP.—The Board shall be comprised of— 

17 (1) the Secretary; 

18 (2) 6 members appointed by the Secretary, who shall represent ap19 propriate Federal, State, and local agencies, State and local historic 

20 preservation commissions, and other public and international organiza21 tions; and 

22 (3) 6 members appointed by the Secretary on the basis of out23 standing professional qualifications, who represent major organizations 

24 in the fields of archeology, architecture, conservation, curation, engi25 neering, history, historic preservation, landscape architecture, planning, 

26 or preservation education. 

27 § 305304. Preservation grants 

28 (a) IN GENERAL.—The Secretary, in consultation with the Board, shall 

29 provide preservation technology and training grants to eligible applicants 

30 with a demonstrated institutional capability and commitment to the pur31 poses of the Center, in order to ensure an effective and efficient system of 

32 research, information distribution, and skills training in all the related his33 toric preservation fields. 

34 (b) GRANT REQUIREMENTS.— 

35 (1) ALLOCATION.—Grants provided under this section shall be allo36 cated in such a fashion as to reflect the diversity of the historic preser37 vation fields and shall be geographically distributed. 

38 (2) LIMIT ON AMOUNT A RECIPIENT MAY RECEIVE.—No grant recipi39 ent may receive more than 10 percent of the grants allocated under 

40 this section within any year. 

154 

•HR 1950 EH 

1 (3) LIMIT ON ADMINISTRATIVE COSTS.—The total administrative 

2 costs, direct and indirect, charged for carrying out grants under this 

3 section may not exceed 25 percent of the aggregate costs. 

4 (c) ELIGIBLE APPLICANTS.—Eligible applicants may include— 

5 (1) Federal and non-Federal laboratories; 

6 (2) accredited museums; 

7 (3) universities; 

8 (4) nonprofit organizations; 

9 (5) System units and offices and Cooperative Park Study Units of 

10 the System; 

11 (6) State Historic Preservation Offices; 

12 (7) tribal preservation offices; and 

13 (8) Native Hawaiian organizations. 

14 (d) STANDARDS AND METHODS.—Grants shall be awarded in accordance 

15 with accepted professional standards and methods, including peer review of 

16 projects. 

17 § 305305. General provisions 

18 (a) ACCEPTANCE OF GRANTS AND TRANSFERS.—The Center may ac19 cept— 

20 (1) grants and donations from private individuals, groups, organiza21 tions, corporations, foundations, and other entities; and 

22 (2) transfers of funds from other Federal agencies. 

23 (b) CONTRACTS AND COOPERATIVE AGREEMENTS.—Subject to appropria24 tions, the Center may enter into contracts and cooperative agreements with 

25 Federal, State, local, and tribal governments, Native Hawaiian organiza26 tions, educational institutions, and other public entities to carry out the 

27 Center’s responsibilities under this chapter. 

28 (c) ADDITIONAL FUNDS.—Funds appropriated for the Center shall be in 

29 addition to funds appropriated for Service programs, centers, and offices in 

30 existence on October 30, 1992. 

31 § 305306. Service preservation centers and offices 

32 To improve the use of existing Service resources, the Secretary shall fully 

33 utilize and further develop the Service preservation (including conservation) 

34 centers and regional offices. The Secretary shall improve the coordination 

35 of the centers and offices within the Service, and shall, where appropriate, 

36 coordinate their activities with the Center and with other appropriate par37 ties. 

38 Chapter 3055—National Building Museum 

Sec. 

305501. Definitions. 

305502. Cooperative agreement to operate museum. 

305503. Activities and functions. 

155 

•HR 1950 EH 

305504. Matching grants to Committee. 

305505. Annual report. 

1 § 305501. Definitions 

2 In this chapter: 

3 (1) BUILDING ARTS.—The term ‘‘building arts’’ includes all practical 

4 and scholarly aspects of prehistoric, historic, and contemporary archi5 tecture, archeology, construction, building technology and skills, land6 scape architecture, preservation and conservation, building and con7 struction, engineering, urban and community design and renewal, city 

8 and regional planning, and related professions, skills, trades, and 

9 crafts. 

10 (2) COMMITTEE.—The term ‘‘Committee’’ means the Committee for 

11 a National Museum of the Building Arts, Incorporated, a nonprofit cor12 poration organized and existing under the laws of the District of Co13 lumbia, or its successor. 

14 § 305502. Cooperative agreement to operate museum 

15 To provide a national center to commemorate and encourage the building 

16 arts and to preserve and maintain a nationally significant building that ex17 emplifies the great achievements of the building arts in the United States, 

18 the Secretary and the Administrator of General Services shall enter into a 

19 cooperative agreement with the Committee for the operation of a National 

20 Building Museum in the Federal building located in the block bounded by 

21 Fourth Street, Fifth Street, F Street, and G Street, Northwest in Wash22 ington, District of Columbia. The cooperative agreement shall include provi23 sions that— 

24 (1) make the site available to the Committee without charge; 

25 (2) provide, subject to available appropriations, such maintenance, 

26 security, information, janitorial, and other services as may be necessary 

27 to ensure the preservation and operation of the site; and 

28 (3) prescribe reasonable terms and conditions by which the Com29 mittee can fulfill its responsibilities under this division. 

30 § 305503. Activities and functions 

31 The National Building Museum shall— 

32 (1) collect and disseminate information concerning the building arts, 

33 including the establishment of a national reference center for current 

34 and historic documents, publications, and research relating to the 

35 building arts; 

36 (2) foster educational programs relating to the history, practice, and 

37 contribution to society of the building arts, including promotion of 

38 imaginative educational approaches to enhance understanding and ap39 preciation of all facets of the building arts; 

156 

•HR 1950 EH 

1 (3) publicly display temporary and permanent exhibits illustrating, 

2 interpreting and demonstrating the building arts; 

3 (4) sponsor or conduct research and study into the history of the 

4 building arts and their role in shaping our civilization; and 

5 (5) encourage contributions to the building arts. 

6 § 305504. Matching grants to Committee 

7 The Secretary shall provide matching grants to the Committee for its pro8 grams related to historic preservation. The Committee shall match the 

9 grants in such a manner and with such funds and services as shall be satis10 factory to the Secretary, except that not more than $500,000 may be pro11 vided to the Committee in any one fiscal year. 

12 § 305505. Annual report 

13 The Committee shall submit an annual report to the Secretary and the 

14 Administrator of General Services concerning its activities under this chap15 ter and shall provide the Secretary and the Administrator of General Serv16 ices with such other information as the Secretary may consider necessary 

17 or advisable. 

18 Subdivision 5—Federal Agency Historic 

19 Preservation Responsibilities 

20 Chapter 3061—Program Responsibilities 

21 and Authorities 

Subchapter I—In General 

Sec. 

306101. Assumption of responsibility for preservation of historic property. 

306102. Preservation program. 

306103. Recordation of historic property prior to alteration or demolition. 

306104. Agency Preservation Officer. 

306105. Agency programs and projects. 

306106. Review of plans of transferees of surplus federally owned historic property. 

306107. Planning and actions to minimize harm to National Historic Landmarks. 

306108. Effect of undertaking on historic property. 

306109. Costs of preservation as eligible project costs. 

306110. Annual preservation awards program. 

306111. Environmental impact statement. 

306112. Waiver of provisions in event of natural disaster or imminent threat to national security. 

306113. Anticipatory demolition. 

306114. Documentation of decisions respecting undertakings. 

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

306121. Lease or exchange. 

306122. Contracts for management of historic property. 

Subchapter III—Protection and Preservation of Resources 

306131. Standards and guidelines. 

22 Subchapter I—In General 

23 § 306101. Assumption of responsibility for preservation of 

24 historic property 

25 (a) IN GENERAL.— 

157 

•HR 1950 EH 

1 (1) AGENCY HEAD RESPONSIBILITY.—The head of each Federal 

2 agency shall assume responsibility for the preservation of historic prop3 erty that is owned or controlled by the agency. 

4 (2) USE OF AVAILABLE HISTORIC PROPERTY.—Prior to acquiring, 

5 constructing, or leasing a building for purposes of carrying out agency 

6 responsibilities, a Federal agency shall use, to the maximum extent fea7 sible, historic property available to the agency, in accordance with Ex8 ecutive Order No. 13006 (40 U.S.C. 3306 note). 

9 (3) NECESSARY PRESERVATION.—Each Federal agency shall under10 take, consistent with the preservation of historic property, the mission 

11 of the agency, and the professional standards established pursuant to 

12 subsection (c), any preservation as may be necessary to carry out this 

13 chapter. 

14 (b) GUIDELINES FOR FEDERAL AGENCY RESPONSIBILITY FOR AGENCY15 OWNED HISTORIC PROPERTY.—In consultation with the Council, the Sec16 retary shall promulgate guidelines for Federal agency responsibilities under 

17 this subchapter (except section 306108). 

18 (c) PROFESSIONAL STANDARDS FOR PRESERVATION OF FEDERALLY

19 OWNED OR CONTROLLED HISTORIC PROPERTY.—The Secretary shall estab20 lish, in consultation with the Secretary of Agriculture, the Secretary of De21 fense, the Smithsonian Institution, and the Administrator of General Serv22 ices, professional standards for the preservation of historic property in Fed23 eral ownership or control. 

24 § 306102. Preservation program 

25 (a) ESTABLISHMENT.—Each Federal agency shall establish (except for 

26 programs or undertakings exempted pursuant to section 304108(c) of this 

27 title), in consultation with the Secretary, a preservation program for the 

28 identification, evaluation, and nomination to the National Register, and pro29 tection, of historic property. 

30 (b) REQUIREMENTS.—The program shall ensure that— 

31 (1) historic property under the jurisdiction or control of the agency 

32 is identified, evaluated, and nominated to the National Register; 

33 (2) historic property under the jurisdiction or control of the agency 

34 is managed and maintained in a way that considers the preservation 

35 of their historic, archeological, architectural, and cultural values in 

36 compliance with section 306108 of this title and gives special consider37 ation to the preservation of those values in the case of property des38 ignated as having national significance; 

39 (3) the preservation of property not under the jurisdiction or control 

40 of the agency but potentially affected by agency actions is given full 

41 consideration in planning; 

158 

•HR 1950 EH 

1 (4) the agency’s preservation-related activities are carried out in con2 sultation with other Federal, State, and local agencies, Indian tribes, 

3 Native Hawaiian organizations carrying out historic preservation plan4 ning activities, and the private sector; and 

5 (5) the agency’s procedures for compliance with section 306108 of 

6 this title— 

7 (A) are consistent with regulations promulgated by the Council 

8 pursuant to section 304108(a) and (b) of this title; 

9 (B) provide a process for the identification and evaluation of 

10 historic property for listing on the National Register and the de11 velopment and implementation of agreements, in consultation with 

12 State Historic Preservation Officers, local governments, Indian 

13 tribes, Native Hawaiian organizations, and the interested public, 

14 as appropriate, regarding the means by which adverse effects on 

15 historic property will be considered; and 

16 (C) provide for the disposition of Native American cultural 

17 items from Federal or tribal land in a manner consistent with sec18 tion 3(c) of the Native American Graves Protection and Repatri19 ation Act (25 U.S.C. 3002(c)). 

20 § 306103. Recordation of historic property prior to alter21 ation or demolition 

22 Each Federal agency shall initiate measures to ensure that where, as a 

23 result of Federal action or assistance carried out by the agency, a historic 

24 property is to be substantially altered or demolished— 

25 (1) timely steps are taken to make or have made appropriate 

26 records; and 

27 (2) the records are deposited, in accordance with section 302107 of 

28 this title, in the Library of Congress or with such other appropriate 

29 agency as the Secretary may designate, for future use and reference. 

30 § 306104. Agency Preservation Officer 

31 The head of each Federal agency (except an agency that is exempted 

32 under section 304108(c) of this title) shall designate a qualified official as 

33 the agency’s Preservation Officer who shall be responsible for coordinating 

34 the agency’s activities under this division. Each Preservation Officer may, 

35 to be considered qualified, satisfactorily complete an appropriate training 

36 program established by the Secretary under section 306101(c) of this title. 

37 § 306105. Agency programs and projects 

38 Consistent with the agency’s missions and mandates, each Federal agency 

39 shall carry out agency programs and projects (including those under which 

40 any Federal assistance is provided or any Federal license, permit, or other 

41 approval is required) in accordance with the purposes of this division and 

159 

•HR 1950 EH 

1 give consideration to programs and projects that will further the purposes 

2 of this division. 

3 § 306106. Review of plans of transferees of surplus federally 

4 owned historic property 

5 The Secretary shall review and approve the plans of transferees of surplus 

6 federally owned historic property not later than 90 days after receipt of the 

7 plans to ensure that the prehistorical, historical, architectural, or culturally 

8 significant values will be preserved or enhanced. 

9 § 306107. Planning and actions to minimize harm to Na10 tional Historic Landmarks 

11 Prior to the approval of any Federal undertaking that may directly and 

12 adversely affect any National Historic Landmark, the head of the respon13 sible Federal agency shall to the maximum extent possible undertake such 

14 planning and actions as may be necessary to minimize harm to the land15 mark. The head of the Federal agency shall afford the Council a reasonable 

16 opportunity to comment with regard to the undertaking. 

17 § 306108. Effect of undertaking on historic property 

18 The head of any Federal agency having direct or indirect jurisdiction over 

19 a proposed Federal or federally assisted undertaking in any State and the 

20 head of any Federal department or independent agency having authority to 

21 license any undertaking, prior to the approval of the expenditure of any 

22 Federal funds on the undertaking or prior to the issuance of any license, 

23 shall take into account the effect of the undertaking on any historic prop24 erty. The head of the Federal agency shall afford the Council a reasonable 

25 opportunity to comment with regard to the undertaking. 

26 § 306109. Costs of preservation as eligible project costs 

27 A Federal agency may include the costs of preservation activities of the 

28 agency under this division as eligible project costs in all undertakings of the 

29 agency or assisted by the agency. The eligible project costs may include 

30 amounts paid by a Federal agency to a State to be used in carrying out 

31 the preservation responsibilities of the Federal agency under this division, 

32 and reasonable costs may be charged to Federal licensees and permittees 

33 as a condition to the issuance of the license or permit. 

34 § 306110. Annual preservation awards program 

35 The Secretary shall establish an annual preservation awards program 

36 under which the Secretary may make monetary awards in amounts of not 

37 to exceed $1,000 and provide citations for special achievement to officers 

38 and employees of Federal, State, and certified local governments in recogni39 tion of their outstanding contributions to the preservation of historic prop40 erty. The program may include the issuance of annual awards by the PresiVerDate Nov 24 2008 11:59 Aug 02, 2012 Jkt 000000 PO 00000 Frm 00159 Fmt 6652 Sfmt 6221 Z:\ENGROSS\H1950.EH CLERK
160 

•HR 1950 EH 

1 dent to any citizen of the United States recommended for the award by the 

2 Secretary. 

3 § 306111. Environmental impact statement 

4 Nothing in this division shall be construed to— 

5 (1) require the preparation of an environmental impact statement 

6 where the statement would not otherwise be required under the Na7 tional Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.); or 

8 (2) provide any exemption from any requirement respecting the prep9 aration of an environmental impact statement under that Act. 

10 § 306112. Waiver of provisions in event of natural disaster 

11 or imminent threat to national security 

12 The Secretary shall promulgate regulations under which the requirements 

13 of this subchapter (except section 306108) may be waived in whole or in 

14 part in the event of a major natural disaster or an imminent threat to na15 tional security. 

16 § 306113. Anticipatory demolition 

17 Each Federal agency shall ensure that the agency will not grant a loan, 

18 loan guarantee, permit, license, or other assistance to an applicant that, 

19 with intent to avoid the requirements of section 306108 of this title, has 

20 intentionally significantly adversely affected a historic property to which the 

21 grant would relate, or having legal power to prevent it, has allowed the sig22 nificant adverse effect to occur, unless the agency, after consultation with 

23 the Council, determines that circumstances justify granting the assistance 

24 despite the adverse effect created or permitted by the applicant. 

25 § 306114. Documentation of decisions respecting under26 takings 

27 With respect to any undertaking subject to section 306108 of this title 

28 that adversely affects any historic property for which a Federal agency has 

29 not entered into an agreement pursuant to regulations issued by the Coun30 cil, the head of the agency shall document any decision made pursuant to 

31 section 306108 of this title. The head of the agency may not delegate the 

32 responsibility to document a decision pursuant to this section. Where an 

33 agreement pursuant to regulations issued by the Council has been executed 

34 with respect to an undertaking, the agreement shall govern the undertaking 

35 and all of its parts. 

36 Subchapter II—Lease, Exchange, or 

37 Management of Historic Property 

38 § 306121. Lease or exchange 

39 (a) AUTHORITY TO LEASE OR EXCHANGE.—Notwithstanding any other 

40 provision of law, each Federal agency, after consultation with the Council— 

161 

•HR 1950 EH 

1 (1) shall, to the extent practicable, establish and implement alter2 natives (including adaptive use) for historic property that is not needed 

3 for current or projected agency purposes; and 

4 (2) may lease historic property owned by the agency to any person 

5 or organization, or exchange any property owned by the agency with 

6 comparable historic property, if the agency head determines that the 

7 lease or exchange will adequately ensure the preservation of the historic 

8 property. 

9 (b) PROCEEDS OF LEASE.—Notwithstanding any other provision of law, 

10 the proceeds of a lease under subsection (a) may be retained by the agency 

11 entering into the lease and used to defray the costs of administration, main12 tenance, repair, and related expenses incurred by the agency with respect 

13 to that property or other property that is on the National Register that is 

14 owned by, or are under the jurisdiction or control of, the agency. Any sur15 plus proceeds from the leases shall be deposited in the Treasury at the end 

16 of the 2d fiscal year following the fiscal year in which the proceeds are re17 ceived. 

18 § 306122. Contracts for management of historic property 

19 The head of any Federal agency having responsibility for the management 

20 of any historic property may, after consultation with the Council, enter into 

21 a contract for the management of the property. The contract shall contain 

22 terms and conditions that the head of the agency considers necessary or ap23 propriate to protect the interests of the United States and ensure adequate 

24 preservation of the historic property. 

25 Subchapter III—Protection and 

26 Preservation of Resources 

27 § 306131. Standards and guidelines 

28 (a) STANDARDS.— 

29 (1) IN GENERAL.—Each Federal agency that is responsible for the 

30 protection of historic property (including archeological property) pursu31 ant to this division or any other law shall ensure that— 

32 (A) all actions taken by employees or contractors of the agency 

33 meet professional standards under regulations developed by the 

34 Secretary in consultation with the Council, other affected agencies, 

35 and the appropriate professional societies of archeology, architec36 ture, conservation, history, landscape architecture, and planning; 

37 (B) agency personnel or contractors responsible for historic 

38 property meet qualification standards established by the Office of 

39 Personnel Management in consultation with the Secretary and ap40 propriate professional societies of archeology, architecture, conVerDate Nov 24 2008 11:59 Aug 02, 2012 Jkt 000000 PO 00000 Frm 00161 Fmt 6652 Sfmt 6221 Z:\ENGROSS\H1950.EH CLERK
162 

•HR 1950 EH 

1 servation, curation, history, landscape architecture, and planning; 

2 and 

3 (C) records and other data, including data produced by histor4 ical research and archeological surveys and excavations, are per5 manently maintained in appropriate databases and made available 

6 to potential users pursuant to such regulations as the Secretary 

7 shall promulgate. 

8 (2) CONSIDERATIONS.—The standards referred to in paragraph 

9 (1)(B) shall consider the particular skills and expertise needed for the 

10 preservation of historic property and shall be equivalent requirements 

11 for the disciplines involved. 

12 (3) REVISION.—The Office of Management and Budget shall revise 

13 qualification standards for the disciplines involved. 

14 (b) GUIDELINES.—To promote the preservation of historic property eligi15 ble for listing on the National Register, the Secretary shall, in consultation 

16 with the Council, promulgate guidelines to ensure that Federal, State, and 

17 tribal historic preservation programs subject to this division include plans 

18 to— 

19 (1) provide information to the owners of historic property (including 

20 architectural, curatorial, and archeological property) with demonstrated 

21 or likely research significance, about the need for protection of the his22 toric property, and the available means of protection; 

23 (2) encourage owners to preserve historic property intact and in 

24 place and offer the owners of historic property information on the tax 

25 and grant assistance available for the donation of the historic property 

26 or of a preservation easement of the historic property; 

27 (3) encourage the protection of Native American cultural items 

28 (within the meaning of section 2 of the Native American Graves Pro29 tection and Repatriation Act (25 U.S.C. 3001)) and of property of reli30 gious or cultural importance to Indian tribes, Native Hawaiian organi31 zations, or other Native American groups; and 

32 (4) encourage owners that are undertaking archeological excavations 

33 to— 

34 (A) conduct excavations and analyses that meet standards for 

35 federally-sponsored excavations established by the Secretary; 

36 (B) donate or lend artifacts of research significance to an ap37 propriate research institution; 

38 (C) allow access to artifacts for research purposes; and 

39 (D) prior to excavating or disposing of a Native American cul40 tural item in which an Indian tribe or Native Hawaiian organiza41 tion may have an interest under subparagraph (B) or (C) of secVerDate Nov 24 2008 11:59 Aug 02, 2012 Jkt 000000 PO 00000 Frm 00162 Fmt 6652 Sfmt 6221 Z:\ENGROSS\H1950.EH CLERK
163 

•HR 1950 EH 

1 tion 3(a)(2) of the Native American Graves Protection and Repa2 triation Act (25 U.S.C. 3002(a)(2)(B), (C)), give notice to and 

3 consult with the Indian tribe or Native Hawaiian organization. 

4 Subdivision 6—Miscellaneous 

5 Chapter 3071—Miscellaneous 

Sec. 

307101. World Heritage Convention. 

307102. Effective date of regulations. 

307103. Access to information. 

307104. Inapplicability of division to White House, Supreme Court building, or United States 

Capitol. 

307105. Attorney’s fees and costs to prevailing parties in civil actions. 

307106. Authorization for expenditure of appropriated funds. 

307107. Donations and bequests of money, personal property, and less than fee interests in 

historic property. 

307108. Privately donated funds. 

6 § 307101. World Heritage Convention 

7 (a) AUTHORITY OF SECRETARY.—In carrying out this section, the Sec8 retary of the Interior may act directly or through an appropriate officer in 

9 the Department of the Interior. 

10 (b) PARTICIPATION BY UNITED STATES.—The Secretary shall direct and 

11 coordinate participation by the United States in the World Heritage Con12 vention in cooperation with the Secretary of State, the Smithsonian Institu13 tion, and the Council. Whenever possible, expenditures incurred in carrying 

14 out activities in cooperation with other nations and international organiza15 tions shall be paid for in such excess currency of the country or area where 

16 the expense is incurred as may be available to the United States. 

17 (c) NOMINATION OF PROPERTY TO WORLD HERITAGE COMMITTEE.—The 

18 Secretary shall periodically nominate property that the Secretary determines 

19 is of international significance to the World Heritage Committee on behalf 

20 of the United States. No property may be nominated unless it has pre21 viously been determined to be of national significance. Each nomination 

22 shall include evidence of such legal protections as may be necessary to en23 sure preservation of the property and its environment (including restrictive 

24 covenants, easements, or other forms of protection). Before making any 

25 nomination, the Secretary shall notify the Committee on Natural Resources 

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

27 Resources of the Senate. 

28 (d) NOMINATION OF NON-FEDERAL PROPERTY TO WORLD HERITAGE

29 COMMITTEE REQUIRES WRITTEN CONCURRENCE OF OWNER.—No non30 Federal property may be nominated by the Secretary to the World Heritage 

31 Committee for inclusion on the World Heritage List unless the owner of the 

32 property concurs in the nomination in writing. 

33 (e) CONSIDERATION OF UNDERTAKING ON PROPERTY.—Prior to the ap34 proval of any undertaking outside the United States that may directly and 

164 

•HR 1950 EH 

1 adversely affect a property that is on the World Heritage List or on the 

2 applicable country’s equivalent of the National Register, the head of a Fed3 eral agency having direct or indirect jurisdiction over the undertaking shall 

4 take into account the effect of the undertaking on the property for purposes 

5 of avoiding or mitigating any adverse effect. 

6 § 307102. Effective date of regulations 

7 (a) PUBLICATION IN FEDERAL REGISTER.—No final regulation of the 

8 Secretary shall become effective prior to the expiration of 30 calendar days 

9 after it is published in the Federal Register during which either or both 

10 Houses of Congress are in session. 

11 (b) DISAPPROVAL OF REGULATION BY RESOLUTION OF CONGRESS.—The 

12 regulation shall not become effective if, within 90 calendar days of contin13 uous session of Congress after the date of promulgation, both Houses of 

14 Congress adopt a concurrent resolution, the matter after the resolving 

15 clause of which is as follows: ‘‘That Congress disapproves the regulation 

16 promulgated by the Secretary dealing with the matter of , which 

17 regulation was transmitted to Congress on , ’’ the blank spaces 

18 in the resolution being appropriately filled. 

19 (c) FAILURE OF CONGRESS TO ADOPT RESOLUTION OF DISAPPROVAL OF

20 REGULATION.—If at the end of 60 calendar days of continuous session of 

21 Congress after the date of promulgation of a regulation, no committee of 

22 either House of Congress has reported or been discharged from further con23 sideration of a concurrent resolution disapproving the regulation, and nei24 ther House has adopted such a resolution, the regulation may go into effect 

25 immediately. If, within the 60 calendar days, a committee has reported or 

26 been discharged from further consideration of such a resolution, the regula27 tion may go into effect not sooner than 90 calendar days of continuous ses28 sion of Congress after its promulgation unless disapproved as provided for. 

29 (d) SESSIONS OF CONGRESS.—For purposes of this section— 

30 (1) continuity of session is broken only by an adjournment sine die; 

31 and 

32 (2) the days on which either House is not in session because of an 

33 adjournment of more than 3 days to a day certain are excluded in the 

34 computation of 60 and 90 calendar days of continuous session of Con35 gress. 

36 (e) CONGRESSIONAL INACTION OR REJECTION OF RESOLUTION OF DIS37 APPROVAL NOT DEEMED APPROVAL OF REGULATION.—Congressional inac38 tion on or rejection of a resolution of disapproval shall not be deemed an 

39 expression of approval of the regulation. 

165 

•HR 1950 EH 

1 § 307103. Access to information 

2 (a) AUTHORITY TO WITHHOLD FROM DISCLOSURE.—The head of a Fed3 eral agency, or other public official receiving grant assistance pursuant to 

4 this division, after consultation with the Secretary, shall withhold from dis5 closure to the public information about the location, character, or ownership 

6 of a historic property if the Secretary and the agency determine that disclo7 sure may— 

8 (1) cause a significant invasion of privacy; 

9 (2) risk harm to the historic property; or 

10 (3) impede the use of a traditional religious site by practitioners. 

11 (b) ACCESS DETERMINATION.—When the head of a Federal agency or 

12 other public official determines that information should be withheld from 

13 the public pursuant to subsection (a), the Secretary, in consultation with 

14 the Federal agency head or official, shall determine who may have access 

15 to the information for the purpose of carrying out this division. 

16 (c) CONSULTATION WITH COUNCIL.—When information described in sub17 section (a) has been developed in the course of an agency’s compliance with 

18 section 306107 or 306108 of this title, the Secretary shall consult with the 

19 Council in reaching determinations under subsections (a) and (b). 

20 § 307104. Inapplicability of division to White House, Su21 preme Court building, or United States Capitol 

22 Nothing in this division applies to the White House and its grounds, the 

23 Supreme Court building and its grounds, or the United States Capitol and 

24 its related buildings and grounds. 

25 § 307105. Attorney’s fees and costs to prevailing parties in 

26 civil actions 

27 In any civil action brought in any United States district court by any in28 terested person to enforce this division, if the person substantially prevails 

29 in the action, the court may award attorney’s fees, expert witness fees, and 

30 other costs of participating in the civil action, as the court considers reason31 able. 

32 § 307106. Authorization for expenditure of appropriated 

33 funds 

34 Where appropriate, each Federal agency may expend funds appropriated 

35 for its authorized programs for the purposes of activities carried out pursu36 ant to this division, except to the extent that appropriations legislation ex37 pressly provides otherwise. 

166 

•HR 1950 EH 

1 § 307107. Donations and bequests of money, personal prop2 erty, and less than fee interests in historic prop3 erty 

4 (a) MONEY AND PERSONAL PROPERTY.—The Secretary may accept dona5 tions and bequests of money and personal property for the purposes of this 

6 division and shall hold, use, expend, and administer the money and personal 

7 property for those purposes. 

8 (b) LESS THAN FEE INTEREST IN HISTORIC PROPERTY.—The Secretary 

9 may accept gifts or donations of less than fee interests in any historic prop10 erty where the acceptance of an interest will facilitate the conservation or 

11 preservation of the historic property. Nothing in this section or in any provi12 sion of this division shall be construed to affect or impair any other author13 ity of the Secretary under other provision of law to accept or acquire any 

14 property for conservation or preservation or for any other purpose. 

15 § 307108. Privately donated funds 

16 (a) PROJECTS FOR WHICH FUNDS MAY BE USED.—In furtherance of the 

17 purposes of this division, the Secretary may accept the donation of funds 

18 that may be expended by the Secretary for projects to acquire, restore, pre19 serve, or recover data from any property included on the National Register, 

20 as long as the project is owned by a State, any unit of local government, 

21 or any nonprofit entity. 

22 (b) CONSIDERATION OF FACTORS RESPECTING EXPENDITURE OF

23 FUNDS.— 

24 (1) IN GENERAL.—In expending the funds, the Secretary shall give 

25 due consideration to— 

26 (A) the national significance of the project; 

27 (B) its historical value to the community; 

28 (C) the imminence of its destruction or loss; and 

29 (D) the expressed intentions of the donor. 

30 (2) FUNDS AVAILABLE WITHOUT REGARD TO MATCHING REQUIRE31 MENTS.—Funds expended under this subsection shall be made available 

32 without regard to the matching requirements established by sections 

33 302901 and 302902(b) of this title, but the recipient of the funds shall 

34 be permitted to utilize them to match any grants from the Historic 

35 Preservation Fund. 

36 (c) TRANSFER OF UNOBLIGATED FUNDS.—The Secretary may transfer 

37 unobligated funds previously donated to the Secretary for the purposes of 

38 the Service, with the consent of the donor, and any funds so transferred 

39 shall be used or expended in accordance with this division. 

167 

•HR 1950 EH 

1 Division B—Organizations and Programs 

2 Subdivision 1—Administered by National 

3 Park Service 

4 Chapter 3081—American Battlefield 

5 Protection Program 

Sec. 

308101. Definition. 

308102. Preservation assistance. 

308103. Battlefield acquisition grant program. 

6 § 308101. Definition 

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

8 through the American Battlefield Protection Program. 

9 § 308102. Preservation assistance 

10 (a) IN GENERAL.—Using the established national historic preservation 

11 program to the extent practicable, the Secretary shall encourage, support, 

12 assist, recognize, and work in partnership with citizens, Federal, State, 

13 local, and tribal governments, other public entities, educational institutions, 

14 and private nonprofit organizations in identifying, researching, evaluating, 

15 interpreting, and protecting historic battlefields and associated sites on a 

16 national, State, and local level. 

17 (b) FINANCIAL ASSISTANCE.—To carry out subsection (a), the Secretary 

18 may use a cooperative agreement, grant, contract, or other generally adopt19 ed means of providing financial assistance. 

20 (c) AUTHORIZATION OF APPROPRIATIONS.—There is authorized to be ap21 propriated to carry out this section $3,000,000 for each fiscal year, to re22 main available until expended. 

23 § 308103. Battlefield acquisition grant program 

24 (a) DEFINITION.—In this section, the term ‘‘eligible site’’ means a site— 

25 (1) that is not within the exterior boundaries of a System unit; and 

26 (2) that is identified in the document entitled ‘‘Report on the Na27 tion’s Civil War Battlefields’’, prepared by the Civil War Sites Advisory 

28 Commission, and dated July 1993. 

29 (b) ESTABLISHMENT.—The Secretary shall establish a battlefield acquisi30 tion grant program under which the Secretary may provide grants to State 

31 and local governments to pay the Federal share of the cost of acquiring in32 terests in eligible sites for the preservation and protection of those eligible 

33 sites. 

34 (c) NONPROFIT PARTNERS.—A State or local government may acquire an 

35 interest in an eligible site using a grant under this section in partnership 

36 with a nonprofit organization. 

168 

•HR 1950 EH 

1 (d) NON-FEDERAL SHARE.—The non-Federal share of the total cost of 

2 acquiring an interest in an eligible site under this section shall be not less 

3 than 50 percent. 

4 (e) LIMITATION ON LAND USE.—An interest in an eligible site acquired 

5 under this section shall be subject to section 200305(f)(3) of this title. 

6 (f) AUTHORIZATION OF APPROPRIATIONS.—There is authorized to be ap7 propriated to the Secretary to provide grants under this section 

8 $10,000,000 for each of fiscal years 2012 and 2013. 

9 Chapter 3083—National Underground 

10 Railroad Network to Freedom 

Sec. 

308301. Definition. 

308302. Program. 

308303. Preservation and interpretation of Underground Railroad history, historic sites, and 

structures. 

308304. Authorization of appropriations. 

11 § 308301. Definition 

12 In this chapter, the term ‘‘national network’’ means the National Under13 ground Railroad Network to Freedom established under section 308302 of 

14 this title. 

15 § 308302. Program 

16 (a) ESTABLISHMENT; RESPONSIBILITIES OF SECRETARY.—The Secretary 

17 shall establish in the Service the National Underground Railroad Network 

18 to Freedom. Under the national network, the Secretary shall— 

19 (1) produce and disseminate appropriate educational materials, such 

20 as handbooks, maps, interpretive guides, or electronic information; 

21 (2) enter into appropriate cooperative agreements and memoranda of 

22 understanding to provide technical assistance under subsection (c); and 

23 (3) create and adopt an official, uniform symbol or device for the 

24 national network and issue regulations for its use. 

25 (b) ELEMENTS.—The national network shall encompass the following ele26 ments: 

27 (1) All System units and programs of the Service determined by the 

28 Secretary to pertain to the Underground Railroad. 

29 (2) Other Federal, State, local, and privately owned properties per30 taining to the Underground Railroad that have a verifiable connection 

31 to the Underground Railroad and that are included on, or determined 

32 by the Secretary to be eligible for inclusion on, the National Register 

33 of Historic Places. 

34 (3) Other governmental and nongovernmental facilities and programs 

35 of an educational, research, or interpretive nature that are directly re36 lated to the Underground Railroad. 

169 

•HR 1950 EH 

1 (c) COOPERATIVE AGREEMENTS AND MEMORANDA OF UNDER2 STANDING.—To achieve the purposes of this chapter and to ensure effective 

3 coordination of the Federal and non-Federal elements of the national net4 work with System units and programs of the Service, the Secretary may 

5 enter into cooperative agreements and memoranda of understanding with, 

6 and provide technical assistance— 

7 (1) to the heads of other Federal agencies, States, localities, regional 

8 governmental bodies, and private entities; and 

9 (2) in cooperation with the Secretary of State, to the governments 

10 of Canada, Mexico, and any appropriate country in the Caribbean. 

11 § 308303. Preservation and interpretation of Underground 

12 Railroad history, historic sites, and structures 

13 (a) AUTHORITY TO MAKE GRANTS.—The Secretary may make grants in 

14 accordance with this section for the preservation and restoration of historic 

15 buildings or structures associated with the Underground Railroad, and for 

16 related research and documentation to sites, programs, or facilities that 

17 have been included in the national network. 

18 (b) GRANT CONDITIONS.—Any grant made under this section shall pro19 vide that— 

20 (1) no change or alteration may be made in property for which the 

21 grant is used except with the agreement of the property owner and the 

22 Secretary; 

23 (2) the Secretary shall have the right of access at reasonable times 

24 to the public portions of the property for interpretive and other pur25 poses; and 

26 (3) conversion, use, or disposal of the property for purposes contrary 

27 to the purposes of this chapter, as determined by the Secretary, shall 

28 result in a right of the United States to compensation equal to all Fed29 eral funds made available to the grantee under this chapter. 

30 (c) MATCHING REQUIREMENT.—The Secretary may obligate funds made 

31 available for a grant under this section only if the grantee agrees to match, 

32 from funds derived from non-Federal sources, the amount of the grant with 

33 an amount that is equal to or greater than the grant. The Secretary may 

34 waive the requirement if the Secretary determines that an extreme emer35 gency exists or that a waiver is in the public interest to ensure the preserva36 tion of historically significant resources. 

37 § 308304. Authorization of appropriations 

38 (a) AMOUNTS.—There is authorized to be appropriated to carry out this 

39 chapter $2,500,000 for each fiscal year, of which— 

40 (1) $2,000,000 shall be used to carry out section 308302 of this 

41 title; and 

170 

•HR 1950 EH 

1 (2) $500,000 shall be used to carry out section 308303 of this title. 

2 (b) LIMITATION.—No amount may be appropriated for the purposes of 

3 this chapter except to the Secretary for carrying out the responsibilities of 

4 the Secretary as set forth in this chapter. 

5 Chapter 3085—National Women’s Rights 

6 History Project 

Sec. 

308501. National women’s rights history project national registry. 

308502. National women’s rights history project partnerships network. 

7 § 308501. National women’s rights history project national 

8 registry 

9 (a) IN GENERAL.—The Secretary may make annual grants to State his10 toric preservation offices for not more than 5 years to assist the State his11 toric preservation offices in surveying, evaluating, and nominating to the 

12 National Register of Historic Places women’s rights history properties. 

13 (b) ELIGIBILITY.—In making grants under subsection (a), the Secretary 

14 shall give priority to grants relating to properties associated with the mul15 tiple facets of the women’s rights movement, such as politics, economics, 

16 education, religion, and social and family rights. 

17 (c) UPDATES.—The Secretary shall ensure that the National Register 

18 travel itinerary website entitled ‘‘Places Where Women Made History’’ is 

19 updated to contain— 

20 (1) the results of the inventory conducted under subsection (a); and 

21 (2) any links to websites related to places on the inventory. 

22 (d) COST-SHARING REQUIREMENT.—The Federal share of the cost of any 

23 activity carried out using any assistance made available under this section 

24 shall be 50 percent. 

25 (e) AUTHORIZATION OF APPROPRIATIONS.—There is authorized to be ap26 propriated to the Secretary to carry out this section $1,000,000 for each 

27 of fiscal years 2012 and 2013. 

28 § 308502. National women’s rights history project partner29 ships network 

30 (a) GRANTS.—The Secretary may make matching grants and give tech31 nical assistance for development of a network of governmental and non32 governmental entities (referred to in this section as the ‘‘network’’), the pur33 pose of which is to provide interpretive and educational program develop34 ment of national women’s rights history, including historic preservation. 

35 (b) MANAGEMENT OF NETWORK.— 

36 (1) IN GENERAL.—Through a competitive process, the Secretary 

37 shall designate a nongovernmental managing entity to manage the net38 work. 

171 

•HR 1950 EH 

1 (2) COORDINATION.—The nongovernmental managing entity des2 ignated under paragraph (1) shall work in partnership with the Direc3 tor and State historic preservation offices to coordinate operation of the 

4 network. 

5 (c) COST-SHARING REQUIREMENT.— 

6 (1) IN GENERAL.—The Federal share of the cost of any activity car7 ried out using any assistance made available under this section shall 

8 be 50 percent. 

9 (2) STATE HISTORIC PRESERVATION OFFICES.—Matching grants for 

10 historic preservation specific to the network may be made available 

11 through State historic preservation offices. 

12 (d) AUTHORIZATION OF APPROPRIATIONS.—There is authorized to be ap13 propriated to the Secretary to carry out this section $1,000,000 for each 

14 of fiscal years 2012 and 2013. 

15 Chapter 3087—National Maritime Heritage 

Sec. 

308701. Policy. 

308702. Definitions. 

308703. National Maritime Heritage Grants Program. 

308704. Funding. 

308705. Designation of America’s National Maritime Museum. 

308706. Regulations. 

308707. Applicability of other authorities. 

16 § 308701. Policy 

17 It shall be the policy of the Federal Government, in partnership with the 

18 States and local governments and private organizations and individuals, 

19 to— 

20 (1) use measures, including financial and technical assistance, to fos21 ter conditions under which our modern society and our historic mari22 time resources can exist in productive harmony; 

23 (2) provide leadership in the preservation of the historic maritime re24 sources of the United States; 

25 (3) contribute to the preservation of historic maritime resources and 

26 give maximum encouragement to organizations and individuals under27 taking preservation by private means; and 

28 (4) assist State and local governments to expand their maritime his29 toric preservation programs and activities. 

30 § 308702. Definitions 

31 In this chapter: 

32 (1) NATIONAL TRUST.—The term ‘‘National Trust’’ means the Na33 tional Trust for Historic Preservation in the United States established 

34 under section 312102 of this title. 

35 (2) PRIVATE NONPROFIT ORGANIZATION.—The term ‘‘private non36 profit organization’’ means any person that is exempt from taxation 

172 

•HR 1950 EH 

1 under section 501(a) of the Internal Revenue Code of 1986 (26 U.S.C. 

2 501(a)) and described in section 501(c)(3) of the Internal Revenue 

3 Code of 1986 (26 U.S.C. 501(c)(3)). 

4 (3) PROGRAM.—The term ‘‘Program’’ means the National Maritime 

5 Heritage Grants Program established under section 308703(a) of this 

6 title. 

7 (4) STATE HISTORIC PRESERVATION OFFICER.—The term ‘‘State 

8 Historic Preservation Officer’’ means a State Historic Preservation Of9 ficer appointed pursuant to section 302301(1) of this title by the chief 

10 executive official of a State having a State Historic Preservation Pro11 gram approved by the Secretary under that section. 

12 § 308703. National Maritime Heritage Grants Program 

13 (a) ESTABLISHMENT.—There is established in the Department of the In14 terior the National Maritime Heritage Grants Program, to foster in the 

15 American public a greater awareness and appreciation of the role of mari16 time endeavors in our Nation’s history and culture. The Program shall con17 sist of— 

18 (1) annual grants to the National Trust for subgrants administered 

19 by the National Trust for maritime heritage education projects under 

20 subsection (b); and 

21 (2) grants to State Historic Preservation Officers for maritime herit22 age preservation projects carried out or administered by those Officers 

23 under subsection (c). 

24 (b) GRANTS FOR MARITIME HERITAGE EDUCATION PROJECTS.— 

25 (1) GRANTS TO NATIONAL TRUST.—The Secretary, subject to para26 graph (2), and the availability of amounts for that purpose under sec27 tion 308704(b)(1)(A) of this title, shall make an annual grant to the 

28 National Trust for maritime heritage education projects. 

29 (2) USE OF GRANTS.—Amounts received by the National Trust as 

30 an annual grant under this subsection shall be used to make subgrants 

31 to State and local governments and private nonprofit organizations to 

32 carry out education projects that have been approved by the Secretary 

33 under subsection (f) and that consist of— 

34 (A) assistance to any maritime museum or historical society 

35 for— 

36 (i) existing and new educational programs, exhibits, edu37 cational activities, conservation, and interpretation of arti38 facts and collections; 

39 (ii) minor improvements to educational and museum facili40 ties; and 

41 (iii) other similar activities; 

173 

•HR 1950 EH 

1 (B) activities designed to encourage the preservation of tradi2 tional maritime skills, including— 

3 (i) building and operation of vessels of all sizes and types 

4 for educational purposes; 

5 (ii) special skills such as wood carving, sail making, and 

6 rigging; 

7 (iii) traditional maritime art forms; and 

8 (iv) sail training; 

9 (C) other educational activities relating to historic maritime re10 sources, including— 

11 (i) maritime educational waterborne-experience programs 

12 in historic vessels or vessel reproductions; 

13 (ii) maritime archeological field schools; and 

14 (iii) educational programs on other aspects of maritime his15 tory; 

16 (D) heritage programs focusing on maritime historic resources, 

17 including maritime heritage trails and corridors; or 

18 (E) the construction and use of reproductions of historic mari19 time resources for educational purposes, if a historic maritime re20 source no longer exists or would be damaged or consumed through 

21 direct use. 

22 (c) GRANTS FOR MARITIME HERITAGE PRESERVATION PROJECTS.— 

23 (1) GRANTS TO STATE HISTORIC PRESERVATION OFFICERS.—The 

24 Secretary, acting through the National Maritime Initiative of the Serv25 ice and subject to paragraph (2), and the availability of amounts for 

26 that purpose under section 308704(b)(1)(B) of this title, shall make 

27 grants to State Historic Preservation Officers for maritime heritage 

28 preservation projects. 

29 (2) USE OF GRANTS.—Amounts received by a State Historic Preser30 vation Officer as a grant under this subsection shall be used by the 

31 Officer to carry out, or to make subgrants to local governments and 

32 private nonprofit organizations to carry out, projects that have been 

33 approved by the Secretary under subsection (f) for the preservation of 

34 historic maritime resources through— 

35 (A) identification of historic maritime resources, including un36 derwater archeological sites; 

37 (B) acquisition of historic maritime resources for the purposes 

38 of preservation; 

39 (C) repair, restoration, stabilization, maintenance, or other cap40 ital improvements to historic maritime resources, in accordance 

41 with standards prescribed by the Secretary; and 

174 

•HR 1950 EH 

1 (D) research, recording (through drawings, photographs, or oth2 erwise), planning (through feasibility studies, architectural and en3 gineering services, or otherwise), and other services carried out as 

4 part of a preservation program for historic maritime resources. 

5 (d) CRITERIA FOR DIRECT GRANT AND SUBGRANT ELIGIBILITY.—To 

6 qualify for a subgrant from the National Trust under subsection (b), or a 

7 direct grant to or a subgrant from a State Historic Preservation Officer 

8 under subsection (c), a person shall— 

9 (1) demonstrate that the project for which the direct grant or 

10 subgrant will be used has the potential for reaching a broad audience 

11 with an effective educational program based on American maritime his12 tory, technology, or the role of maritime endeavors in American culture; 

13 (2) match the amount of the direct grant or subgrant, on a 1-to14 1 basis, with non-Federal assets from non-Federal sources, which may 

15 include cash or donated services fairly valued as determined by the Sec16 retary; 

17 (3) maintain records as may be reasonably necessary to fully dis18 close— 

19 (A) the amount and the disposition of the proceeds of the direct 

20 grant or subgrant; 

21 (B) the total cost of the project for which the direct grant or 

22 subgrant is made; and 

23 (C) other records as may be required by the Secretary, including 

24 such records as will facilitate an effective accounting for project 

25 funds; 

26 (4) provide access to the Secretary for the purposes of any required 

27 audit and examination of any records of the person; and 

28 (5) be a unit of State or local government, or a private nonprofit 

29 organization. 

30 (e) PROCEDURES, TERMS, AND CONDITIONS.— 

31 (1) APPLICATION PROCEDURES.—An application for a subgrant 

32 under subsection (b), or a direct grant or subgrant under subsection 

33 (c), shall be submitted under procedures prescribed by the Secretary. 

34 (2) TERMS AND CONDITIONS.—A person may not receive a subgrant 

35 under subsection (b), or a direct grant or subgrant under subsection 

36 (c), unless the person agrees to assume, after completion of the project 

37 for which the direct grant or subgrant is awarded, the total cost of the 

38 continued maintenance, repair, and administration of any property for 

39 which the subgrant will be used in a manner satisfactory to the Sec40 retary. 

41 (f) ALLOCATION OF, AND LIMITATION ON, GRANT FUNDING.— 

175 

•HR 1950 EH 

1 (1) ALLOCATION.—To the extent feasible, the Secretary shall ensure 

2 that the amount made available under subsection (b) for maritime her3 itage education projects is equal to the amount made available under 

4 subsection (c) for maritime heritage preservation projects. 

5 (2) LIMITATION.—The amount provided by the Secretary in a fiscal 

6 year as grants under this section for projects relating to historic mari7 time resources owned or operated by the Federal Government shall not 

8 exceed 40 percent of the total amount available for the fiscal year for 

9 grants under this section. 

10 (g) PUBLICATION OF DIRECT GRANT AND SUBGRANT INFORMATION.— 

11 The Secretary shall publish annually in the Federal Register and otherwise 

12 as the Secretary considers appropriate— 

13 (1) a solicitation of applications for direct grants and subgrants 

14 under this section; 

15 (2) a list of priorities for the making of those direct grants and sub16 grants; 

17 (3) a single deadline for the submission of applications for those di18 rect grants and subgrants; and 

19 (4) other relevant information. 

20 (h) DIRECT GRANT AND SUBGRANT ADMINISTRATION.— 

21 (1) RESPONSIBILITY.— 

22 (A) NATIONAL TRUST.—The National Trust is responsible for 

23 administering subgrants for maritime heritage education projects 

24 under subsection (b). 

25 (B) SECRETARY.—The Secretary is responsible for admin26 istering direct grants for maritime heritage preservation projects 

27 under subsection (c). 

28 (C) STATE HISTORIC PRESERVATION OFFICERS.—State Historic 

29 Preservation Officers are responsible for administering subgrants 

30 for maritime heritage preservation projects under subsection (c). 

31 (2) ACTIONS.—The appropriate responsible party under paragraph 

32 (1) shall administer direct grants or subgrants by— 

33 (A) publicizing the Program to prospective grantees, sub34 grantees, and the public at large, in cooperation with the Service, 

35 the Maritime Administration, and other appropriate government 

36 agencies and private institutions; 

37 (B) answering inquiries from the public, including providing in38 formation on the Program as requested; 

39 (C) distributing direct grant and subgrant applications; 

40 (D) receiving direct grant and subgrant applications and ensur41 ing their completeness; 

176 

•HR 1950 EH 

1 (E) keeping records of all direct grant and subgrant awards and 

2 expenditures of funds; 

3 (F) monitoring progress of projects carried out with direct 

4 grants and subgrants; and 

5 (G) providing to the Secretary such progress reports as may be 

6 required by the Secretary. 

7 (i) ASSISTANCE OF MARITIME PRESERVATION ORGANIZATIONS.—The 

8 Secretary, the National Trust, and the State Historic Preservation Officers 

9 may, individually or jointly, enter into cooperative agreements with any pri10 vate nonprofit organization with appropriate expertise in maritime preserva11 tion issues, or other qualified maritime preservation organizations, to assist 

12 in the administration of the Program. 

13 (j) REPORT TO CONGRESS.—The Secretary shall submit to Congress an 

14 annual report on the Program, including— 

15 (1) a description of each project funded under the Program in the 

16 period covered by the report; 

17 (2) the results or accomplishments of each such project; and 

18 (3) recommended priorities for achieving the policy set forth in sec19 tion 308701 of this title. 

20 § 308704. Funding 

21 (a) AVAILABILITY OF FUNDS FROM SALE AND SCRAPPING OF OBSOLETE

22 VESSELS.— 

23 (1) IN GENERAL.—Notwithstanding any other provision of law, the 

24 amount of funds credited in a fiscal year to the Vessel Operations Re25 volving Fund established by section 50301(a) of title 46 that is attrib26 utable to the sale of obsolete vessels in the National Defense Reserve 

27 Fleet that are scrapped or sold under section 57102, 57103, or 57104 

28 of title 46 shall be available until expended as follows: 

29 (A) Fifty percent shall be available to the Administrator of the 

30 Maritime Administration for such acquisition, maintenance, repair, 

31 reconditioning, or improvement of vessels in the National Defense 

32 Reserve Fleet as is authorized under other Federal law. 

33 (B) Twenty five percent shall be available to the Administrator 

34 of the Maritime Administration for the payment or reimbursement 

35 of expenses incurred by or on behalf of State maritime academies 

36 or the United States Merchant Marine Academy for facility and 

37 training ship maintenance, repair, and modernization, and for the 

38 purchase of simulators and fuel. 

39 (C) The remainder shall be available— 

40 (i) to the Secretary to carry out the Program, as provided 

41 in subsection (b); or 

177 

•HR 1950 EH 

1 (ii) if otherwise determined by the Administrator of the 

2 Maritime Administration, for use in the preservation and 

3 presentation to the public of maritime heritage property of 

4 the Maritime Administration. 

5 (2) APPLICABILITY.—Paragraph (1) does not apply to amounts cred6 ited to the Vessel Operations Revolving Fund before July 1, 1994. 

7 (b) USE OF AMOUNTS FOR PROGRAM.— 

8 (1) IN GENERAL.—Except as provided in paragraph (2), of amounts 

9 available each fiscal year for the Program under subsection (a)(1)(C)— 

10 (A) one half shall be used for grants under section 308703(b) 

11 of this title; and 

12 (B) one half shall be used for grants under section 308703(c) 

13 of this title. 

14 (2) ADMINISTRATIVE EXPENSES.— 

15 (A) IN GENERAL.—Not more than 15 percent or $500,000, 

16 whichever is less, of the amount available for the Program under 

17 subsection (a)(1)(C) for a fiscal year may be used for expenses of 

18 administering the Program. 

19 (B) ALLOCATION.—Of the amount available under subpara20 graph (A) for a fiscal year— 

21 (i) one half shall be allocated to the National Trust for ex22 penses incurred in administering grants under section 

23 308703(b) of this title; and 

24 (ii) one half shall be allocated as appropriate by the Sec25 retary to the Service and participating State Historic Preser26 vation Officers. 

27 (c) DISPOSAL OF VESSELS.— 

28 (1) REQUIREMENT.—The Secretary of Transportation shall dispose 

29 (by sale or by purchase of disposal services) of all vessels described in 

30 paragraph (2)— 

31 (A) in accordance with a priority system for disposing of vessels, 

32 as determined by the Secretary, that shall include provisions re33 quiring the Maritime Administration to— 

34 (i) dispose of all deteriorated high priority ships that are 

35 available for disposal within 12 months of their designation 

36 as available for disposal; and 

37 (ii) give priority to the disposition of those vessels that pose 

38 the most significant danger to the environment or cost the 

39 most to maintain; 

40 (B) in the manner that provides the best value to the Federal 

41 Government, except in any case in which obtaining the best value 

178 

•HR 1950 EH 

1 would require towing a vessel and the towing poses a serious 

2 threat to the environment; and 

3 (C) in accordance with the plan of the Department of Transpor4 tation for disposal of those vessels and requirements under sec5 tions 57102 to 57104 of title 46. 

6 (2) DESCRIPTION OF VESSELS.—The vessels referred to in para7 graph (1) are the vessels in the National Defense Reserve Fleet after 

8 July 1, 1994, that— 

9 (A) are not assigned to the Ready Reserve Force component of 

10 the National Defense Reserve Fleet; and 

11 (B) are not specifically authorized or required by statute to be 

12 used for a particular purpose. 

13 (d) TREATMENT OF AVAILABLE AMOUNTS.—Amounts available under 

14 this section shall not be considered in any determination of the amounts 

15 available to the Department of the Interior. 

16 § 308705. Designation of America’s National Maritime Mu17 seum 

18 (a) IN GENERAL.—America’s National Maritime Museum shall be com19 posed of the museums designated by law to be museums of America’s Na20 tional Maritime Museum on the basis that the museums— 

21 (1) house a collection of maritime artifacts clearly representing the 

22 Nation’s maritime heritage; and 

23 (2) provide outreach programs to educate the public about the Na24 tion’s maritime heritage. 

25 (b) INITIAL DESIGNATION.—The following museums (meeting the criteria 

26 specified in subsection (a)) are designated as museums of America’s Na27 tional Maritime Museum: 

28 (1) The Mariners’ Museum, located at 100 Museum Drive, Newport 

29 News, Virginia. 

30 (2) The South Street Seaport Museum, located at 207 Front Street, 

31 New York, New York. 

32 (c) FUTURE DESIGNATION OF OTHER MUSEUMS NOT PRECLUDED.—The 

33 designation of the museums referred to in subsection (b) as museums of 

34 America’s National Maritime Museum does not preclude the designation by 

35 law of any other museum that meets the criteria specified in subsection (a) 

36 as a museum of America’s National Maritime Museum. 

37 (d) REFERENCE TO MUSEUMS.—Any reference in any law, map, regula38 tion, document, paper, or other record of the United States to a museum 

39 designated by law to be a museum of America’s National Maritime Museum 

40 shall be deemed to be a reference to that museum as a museum of Amer41 ica’s National Maritime Museum. 

179 

•HR 1950 EH 

1 § 308706. Regulations 

2 The Secretary, after consultation with the National Trust, the National 

3 Conference of State Historic Preservation Officers, and appropriate mem4 bers of the maritime heritage community, shall prescribe appropriate guide5 lines, procedures, and regulations to carry out the chapter, including direct 

6 grant and subgrant priorities, the method of solicitation and review of direct 

7 grant and subgrant proposals, criteria for review of direct grant and 

8 subgrant proposals, administrative requirements, reporting and record9 keeping requirements, and any other requirements the Secretary considers 

10 appropriate. 

11 § 308707. Applicability of other authorities 

12 The authorities contained in this chapter shall be in addition to, and shall 

13 not be construed to supersede or modify those contained in division A of 

14 this subtitle. 

15 Chapter 3089—Save America’s Treasures 

16 Program 

Sec. 

308901. Definitions. 

308902. Establishment. 

308903. Grants. 

308904. Guidelines and regulations. 

308905. Authorization of appropriations. 

17 § 308901. Definitions 

18 In this chapter: 

19 (1) COLLECTION.—The term ‘‘collection’’ means a collection of intel20 lectual and cultural artifacts, including documents, sculpture, and 

21 works of art. 

22 (2) ELIGIBLE ENTITY.—The term ‘‘eligible entity’’ means a Federal 

23 entity, State, local, or tribal government, educational institution, or 

24 nonprofit organization. 

25 (3) HISTORIC PROPERTY.—The term ‘‘historic property’’ has the 

26 meaning given the term in section 300308 of this title. 

27 (4) NATIONALLY SIGNIFICANT.—The term ‘‘nationally significant’’, 

28 in reference to a collection or historic property, means a collection or 

29 historic property that meets the applicable criteria for national signifi30 cance, in accordance with regulations promulgated by the Secretary 

31 pursuant to section 302103 of this title. 

32 (5) PROGRAM.—The term ‘‘program’’ means the Save America’s 

33 Treasures Program established under section 308902(a) of this title. 

34 (6) SECRETARY.—The term ‘‘Secretary’’ means the Secretary, acting 

35 through the Director. 

180 

•HR 1950 EH 

1 § 308902. Establishment 

2 (a) IN GENERAL.—There is established in the Department of the Interior 

3 the Save America’s Treasures Program. 

4 (b) PARTICIPANTS.—In consultation and partnership with the National 

5 Endowment for the Arts, the National Endowment for the Humanities, the 

6 Institute of Museum and Library Services, the National Trust for Historic 

7 Preservation in the United States, the National Conference of State Historic 

8 Preservation Officers, the National Association of Tribal Historic Preserva9 tion Officers, and the President’s Committee on the Arts and the Human10 ities, the Secretary shall use the amounts made available under section 

11 308905 of this title to provide grants to eligible entities for projects to pre12 serve nationally significant collections and historic property. 

13 § 308903. Grants 

14 (a) DETERMINATION OF GRANTS.—Of the amounts made available for 

15 grants under section 308905 of this title, not less than 50 percent shall be 

16 made available for grants for projects to preserve collections and historic 

17 property, to be distributed through a competitive grant process administered 

18 by the Secretary, subject to the selection criteria established under sub19 section (d). 

20 (b) APPLICATION FOR GRANTS.—To be considered for a grant under the 

21 program an eligible entity shall submit to the Secretary an application con22 taining such information as the Secretary may require. 

23 (c) COLLECTIONS AND HISTORIC PROPERTY ELIGIBLE FOR GRANTS.— 

24 (1) IN GENERAL.—A collection or historic property shall be provided 

25 a grant under the program only if the Secretary determines that the 

26 collection or historic property is— 

27 (A) nationally significant; and 

28 (B) threatened or endangered. 

29 (2) ELIGIBLE COLLECTIONS.—A determination by the Secretary re30 garding the national significance of a collection under paragraph (1)(A) 

31 shall be made in consultation with the organizations described in sec32 tion 308902(b) of this title, as appropriate. 

33 (3) ELIGIBLE HISTORIC PROPERTY.—To be eligible for a grant under 

34 the program, a historic property shall, as of the date of the grant appli35 cation— 

36 (A) be listed on the National Register of Historic Places at the 

37 national level of significance; or 

38 (B) be designated as a National Historic Landmark. 

39 (d) SELECTION CRITERIA.— 

181 

•HR 1950 EH 

1 (1) IN GENERAL.—The Secretary shall not provide a grant under 

2 this chapter to a project for a collection or historic property unless the 

3 project— 

4 (A) eliminates or substantially mitigates the threat of destruc5 tion or deterioration of the collection or historic property; 

6 (B) has a clear public benefit; and 

7 (C) is able to be completed on schedule and within the budget 

8 described in the grant application. 

9 (2) PREFERENCE.—In providing grants under this chapter, the Sec10 retary may give preference to projects that carry out the purposes of 

11 both the program and the Preserve America Program. 

12 (3) LIMITATION.—In providing grants under this chapter, the Sec13 retary shall provide only one grant to each project selected for a grant. 

14 (e) CONSULTATION AND NOTIFICATION BY SECRETARY.— 

15 (1) CONSULTATION.— 

16 (A) IN GENERAL.—Subject to subparagraph (B), the Secretary 

17 shall consult with the organizations described in section 308902(b) 

18 of this title in preparing the list of projects to be provided grants 

19 for a fiscal year under the program. 

20 (B) LIMITATION.—If an organization described in section 

21 308902(b) of this title has submitted an application for a grant 

22 under the program, the organization shall be recused by the Sec23 retary from the consultation requirements under subparagraph (A) 

24 and section 308902(b) of this title. 

25 (2) NOTIFICATION.—Not later than 30 days before the date on 

26 which the Secretary provides grants for a fiscal year under the pro27 gram, the Secretary shall submit to the Committee on Energy and Nat28 ural Resources and Committee on Appropriations of the Senate and the 

29 Committee on Natural Resources and Committee on Appropriations of 

30 the House of Representatives a list of any eligible projects that are to 

31 be provided grants under the program for the fiscal year. 

32 (f) COST-SHARING REQUIREMENT.— 

33 (1) IN GENERAL.—The non-Federal share of the cost of carrying out 

34 a project provided a grant under this chapter shall be not less than 

35 50 percent of the total cost of the project. 

36 (2) FORM OF NON-FEDERAL SHARE.—The non-Federal share re37 quired under paragraph (1) shall be in the form of— 

38 (A) cash; or 

39 (B) donated supplies or related services, the value of which shall 

40 be determined by the Secretary. 

182 

•HR 1950 EH 

1 (3) REQUIREMENT.—The Secretary shall ensure that each applicant 

2 for a grant has the capacity and a feasible plan for securing the non3 Federal share for an eligible project required under paragraph (1) be4 fore a grant is provided to the eligible project under the program. 

5 § 308904. Guidelines and regulations 

6 The Secretary shall develop any guidelines and prescribe any regulations 

7 that the Secretary determines to be necessary to carry out this chapter. 

8 § 308905. Authorization of appropriations 

9 There is authorized to be appropriated to carry out this chapter 

10 $50,000,000 for each fiscal year, to remain available until expended. 

11 Chapter 3091—Commemoration of Former 

12 Presidents 

Sec. 

309101. Sites and structures that commemorate former Presidents. 

13 § 309101. Sites and structures that commemorate former 

14 Presidents 

15 (a) SURVEY.—The Secretary may conduct a survey of sites that the Sec16 retary considers exhibit qualities most appropriate for the commemoration 

17 of each former President. The survey may— 

18 (1) include sites associated with the deeds, leadership, or lifework of 

19 a former President; and 

20 (2) identify sites or structures historically unrelated to a former 

21 President but that may be suitable as a memorial to honor that Presi22 dent. 

23 (b) REPORTS.—The Secretary shall, from time to time, prepare and 

24 transmit to the Committee on Natural Resources of the House of Rep25 resentatives and the Committee on Energy and Natural Resources of the 

26 Senate reports on individual sites and structures identified in a survey 

27 under subsection (a), together with the Secretary’s recommendation as to 

28 whether the site or structure is suitable for establishment as a national his29 toric site or national memorial to commemorate a former President. Each 

30 report shall include pertinent information with respect to the need for acqui31 sition of land and interests in land, the development of facilities, and the 

32 operation and maintenance of the site or structure and the estimated cost 

33 of the operation and maintenance. 

34 (c) ESTABLISHMENT AS NATIONAL HISTORIC SITE.—If during the 6- 

35 month period following the transmittal of a report pursuant to subsection 

36 (b) neither Committee has by vote of a majority of its members disapproved 

37 a recommendation of the Secretary that a site or structure is suitable for 

38 establishment as a national historic site, the Secretary may by appropriate 

39 order establish the site or structure as a national historic site, including the 

183 

•HR 1950 EH 

1 land and interests in land identified in the report accompanying the rec2 ommendation of the Secretary. 

3 (d) ACQUISTION OF LAND AND INTERESTS IN LAND.—The Secretary 

4 may acquire the land and interests in land by donation, purchase with do5 nated or appropriated funds, transfer from any other Federal agency, or ex6 change. 

7 (e) EFFECT OF SECTION.—Nothing in this section shall be construed as 

8 diminishing the authority of the Secretary under chapter 3201 of this title 

9 or as authorizing the Secretary to establish any national memorial, creation 

10 of which is expressly reserved to Congress. 

11 Subdivision 2—Administered Jointly With 

12 National Park Service 

13 Chapter 3111—Preserve America Program 

Sec. 

311101. Definitions. 

311102. Establishment. 

311103. Designation of Preserve America Communities. 

311104. Regulations. 

311105. Authoriztion of appropriations. 

14 § 311101. Definitions 

15 In this chapter: 

16 (1) COUNCIL.—The term ‘‘Council’’ means the Advisory Council on 

17 Historic Preservation. 

18 (2) HERITAGE TOURISM.—The term ‘‘heritage tourism’’ means the 

19 conduct of activities to attract and accommodate visitors to a site or 

20 area based on the unique or special aspects of the history, landscape 

21 (including trail systems), and culture of the site or area. 

22 (3) PROGRAM.—The term ‘‘program’’ means the Preserve America 

23 Program established under section 311102(a). 

24 § 311102. Establishment 

25 (a) IN GENERAL.—There is established in the Department of the Interior 

26 the Preserve America Program, under which the Secretary, in partnership 

27 with the Council, may provide competitive grants to States, local govern28 ments (including local governments in the process of applying for designa29 tion as Preserve America Communities under section 311103 of this title, 

30 Indian tribes, communities designated as Preserve America Communities 

31 under section 311103 of this title, State historic preservation offices, and 

32 tribal historic preservation offices to support preservation efforts through 

33 heritage tourism, education, and historic preservation planning activities. 

34 (b) ELIGIBLE PROJECTS.— 

35 (1) IN GENERAL.—The following projects shall be eligible for a grant 

36 under this chapter: 

37 (A) A project for the conduct of— 

184 

•HR 1950 EH 

1 (i) research on, and documentation of, the history of a 

2 community; and 

3 (ii) surveys of the historic resources of a community. 

4 (B) An education and interpretation project that conveys the 

5 history of a community or site. 

6 (C) A planning project (other than building rehabilitation) that 

7 advances economic development using heritage tourism and his8 toric preservation. 

9 (D) A training project that provides opportunities for profes10 sional development in areas that would aid a community in using 

11 and promoting its historic resources. 

12 (E) A project to support heritage tourism in a Preserve America 

13 Community designated under section 311103 of this title. 

14 (F) Other nonconstruction projects that identify or promote his15 toric properties or provide for the education of the public about 

16 historic properties that are consistent with the purposes of this 

17 chapter. 

18 (2) LIMITATION.—In providing grants under this chapter, the Sec19 retary shall provide only one grant to each eligible project selected for 

20 a grant. 

21 (c) PREFERENCE.—In providing grants under this chapter, the Secretary 

22 may give preference to projects that carry out the purposes of both the pro23 gram and the Save America’s Treasures Program. 

24 (d) CONSULTATION AND NOTIFICATION.— 

25 (1) CONSULTATION.—The Secretary shall consult with the Council in 

26 preparing the list of projects to be provided grants for a fiscal year 

27 under the program. 

28 (2) NOTIFICATION.—Not later than 30 days before the date on 

29 which the Secretary provides grants for a fiscal year under the pro30 gram, the Secretary shall submit to the Committee on Energy and Nat31 ural Resources and Committee on Appropriations of the Senate and the 

32 Committee on Natural Resources and Committee on Appropriations of 

33 the House of Representatives a list of any eligible projects that are to 

34 be provided grants under the program for the fiscal year. 

35 (e) COST-SHARING REQUIREMENT.— 

36 (1) IN GENERAL.—The non-Federal share of the cost of carrying out 

37 a project provided a grant under this chapter shall be not less than 

38 50 percent of the total cost of the project. 

39 (2) FORM OF NON-FEDERAL SHARE.—The non-Federal share re40 quired under paragraph (1) shall be in the form of— 

41 (A) cash; or 

185 

•HR 1950 EH 

1 (B) donated supplies and related services, the value of which 

2 shall be determined by the Secretary. 

3 (3) REQUIREMENT.—The Secretary shall ensure that each applicant 

4 for a grant has the capacity to secure, and a feasible plan for securing, 

5 the non-Federal share for an eligible project required under paragraph 

6 (1) before a grant is provided to the eligible project under the program. 

7 § 311103. Designation of Preserve America Communities 

8 (a) APPLICATION.—To be considered for designation as a Preserve Amer9 ica Community, a community, tribal area, or neighborhood shall submit to 

10 the Council an application containing such information as the Council may 

11 require. 

12 (b) CRITERIA.—To be designated as a Preserve America Community 

13 under the program, a community, tribal area, or neighborhood that submits 

14 an application under subsection (a) shall, as determined by the Council, in 

15 consultation with the Secretary, meet criteria required by the Council and, 

16 in addition, consider— 

17 (1) protection and celebration of the heritage of the community, trib18 al area, or neighborhood; 

19 (2) use of the historic assets of the community, tribal area, or neigh20 borhood for economic development and community revitalization; and 

21 (3) encouragement of people to experience and appreciate local his22 toric resources through education and heritage tourism programs. 

23 (c) LOCAL GOVERNMENTS PREVIOUSLY CERTIFIED FOR HISTORIC PRES24 ERVATION ACTIVITIES.—The Council shall establish an expedited process 

25 for Preserve America Community designation for local governments pre26 viously certified for historic preservation activities under section 302502 of 

27 this title. 

28 (d) GUIDELINES.—The Council, in consultation with the Secretary, shall 

29 establish any guidelines that are necessary to carry out this section. 

30 § 311104. Regulations 

31 The Secretary shall develop any guidelines and issue any regulations that 

32 the Secretary determines to be necessary to carry out this chapter. 

33 § 311105. Authorization of appropriations 

34 There is authorized to be appropriated to carry out this chapter 

35 $25,000,000 for each fiscal year, to remain available until expended. 

36 Subdivision 3—Administered by Other 

37 Than National Park Service 

38 Chapter 3121—National Trust for Historic 

39 Preservation in the United Sstates 

Sec. 

312101. Definitions. 

312102. Establishment and purposes. 

186 

•HR 1950 EH 

312103. Principal office. 

312104. Board of trustees. 

312105. Powers. 

312106. Consultation with National Park System Advisory Board. 

1 § 312101. Definitions 

2 In this chapter: 

3 (1) BOARD.—The term ‘‘Board’’ means the board of trustees of the 

4 National Trust. 

5 (2) NATIONAL TRUST.—The term ‘‘National Trust’’ means the Na6 tional Trust for Historic Preservation in the United States established 

7 under section 312102 of this title. 

8 § 312102. Establishment and purposes 

9 (a) ESTABLISHMENT.—To further the policy enunciated in chapter 3201 

10 of this title, and to facilitate public participation in the preservation of sites, 

11 buildings, and objects of national significance or interest, there is estab12 lished a charitable, educational, and nonprofit corporation to be known as 

13 the National Trust for Historic Preservation in the United States. 

14 (b) PURPOSES.—The purposes of the National Trust shall be to— 

15 (1) receive donations of sites, buildings, and objects significant in 

16 American history and culture; 

17 (2) preserve and administer the sites, buildings, and objects for pub18 lic benefit; 

19 (3) accept, hold, and administer gifts of money, securities, or other 

20 property of any character for the purpose of carrying out the preserva21 tion program; and 

22 (4) execute other functions vested in the National Trust by this 

23 chapter. 

24 § 312103. Principal office 

25 The National Trust shall have its principal office in the District of Co26 lumbia and shall be deemed, for purposes of venue in civil actions, to be 

27 a resident of the District of Columbia. The National Trust may establish 

28 offices in other places as it may consider necessary or appropriate in the 

29 conduct of its business. 

30 § 312104. Board of trustees 

31 (a) MEMBERSHIP.—The affairs of the National Trust shall be under the 

32 general direction of a board of trustees composed as follows: 

33 (1) The Attorney General, the Secretary, and the Director of the Na34 tional Gallery of Art, ex officio. 

35 (2) Not fewer than 6 general trustees who shall be citizens of the 

36 United States. 

37 (b) DESIGNATION OF ANOTHER OFFICER.—The Attorney General and 

38 the Secretary, when it appears desirable in the interest of the conduct of 

39 the business of the Board and to such extent as they consider it advisable, 

187 

•HR 1950 EH 

1 may, by written notice to the National Trust, designate any officer of their 

2 respective departments to act for them in the discharge of their duties as 

3 a member of the Board. 

4 (c) GENERAL TRUSTEES.— 

5 (1) NUMBER AND SELECTION.—The number of general trustees shall 

6 be fixed by the Board and shall be chosen by the members of the Na7 tional Trust from its members at any regular meeting of the National 

8 Trust. 

9 (2) TERM OF OFFICE.—The respective terms of office of the general 

10 trustees shall be as prescribed by the Board but in no case shall exceed 

11 a period of 5 years from the date of election. 

12 (3) SUCCESSOR.—A successor to a general trustee shall be chosen 

13 in the same manner and shall have a term expiring 5 years from the 

14 date of the expiration of the term for which the predecessor was cho15 sen, except that a successor chosen to fill a vacancy occurring prior to 

16 the expiration of a term shall be chosen only for the remainder of that 

17 term. 

18 (d) CHAIRMAN.—The chairman of the Board shall be elected by a major19 ity vote of the members of the Board. 

20 (e) COMPENSATION AND REIMBURSEMENT.—No compensation shall be 

21 paid to the members of the Board for their services as such members, but 

22 they shall be reimbursed for travel and actual expenses necessarily incurred 

23 by them in attending board meetings and performing other official duties 

24 on behalf of the National Trust at the direction of the Board. 

25 § 312105. Powers 

26 (a) IN GENERAL.—To the extent necessary to enable it to carry out the 

27 functions vested in it by this chapter, the National Trust has the general 

28 powers described in this section. 

29 (b) SUCCESSION.—The National Trust has succession until dissolved by 

30 Act of Congress, in which event title to the property of the National Trust, 

31 both real and personal, shall, insofar as consistent with existing contractual 

32 obligations and subject to all other legally enforceable claims or demands 

33 by or against the National Trust, pass to and become vested in the United 

34 States. 

35 (c) SUE AND BE SUED.—The National Trust may sue and be sued in 

36 its corporate name. 

37 (d) CORPORATE SEAL.—The National Trust may adopt, alter, and use 

38 a corporate seal that shall be judicially noticed. 

39 (e) CONSTITUTION, BYLAWS, AND REGULATIONS.—The National Trust 

40 may adopt a constitution and prescribe such bylaws and regulations, not in41 consistent with the laws of the United States or of any State, as it considers 

188 

•HR 1950 EH 

1 necessary for the administration of its functions under this chapter, includ2 ing among other matters, bylaws and regulations governing visitation to his3 toric properties, administration of corporate funds, and the organization and 

4 procedure of the Board. 

5 (f) PERSONAL PROPERTY—The National Trust may accept, hold, and ad6 minister gifts and bequests of money, securities, or other personal property 

7 of any character, absolutely or in trust, for the purposes for which the Na8 tional Trust is created. Unless otherwise restricted by the terms of a gift 

9 or bequest, the National Trust may sell, exchange, or otherwise dispose of, 

10 and invest or reinvest in investments as it may determine from time to time, 

11 the moneys, securities, or other property given or bequeathed to it. The 

12 principal of corporate funds and the income from those funds and all other 

13 revenues received by the National Trust from any source shall be placed in 

14 such depositories as the National Trust shall determine and shall be subject 

15 to expenditure by the National Trust for its corporate purposes. 

16 (g) REAL PROPERTY.—The National Trust may acquire by gift, devise, 

17 purchase, or otherwise, absolutely or in trust, and hold and, unless other18 wise restricted by the terms of the gift or devise, encumber, convey, or oth19 erwise dispose of, any real property, or any estate or interest in real prop20 erty (except property within the exterior boundaries of a System unit), as 

21 may be necessary and proper in carrying into effect the purposes of the Na22 tional Trust. 

23 (h) CONTRACTS AND COOPERATIVE AGREEMENTS RESPECTING PROTEC24 TION, PRESERVATION, MAINTENANCE, OR OPERATION.—The National 

25 Trust may contract and make cooperative agreements with Federal, State, 

26 or local agencies, corporations, associations, or individuals, under terms and 

27 conditions that the National Trust considers advisable, respecting the pro28 tection, preservation, maintenance, or operation of any historic site, build29 ing, object, or property used in connection with the site, building, object, 

30 or property for public use, regardless of whether the National Trust has ac31 quired title to the property, or any interest in the property. 

32 (i) ENTER INTO CONTRACTS AND EXECUTE INSTRUMENTS.—The Na33 tional Trust may enter into contracts generally and execute all instruments 

34 necessary or appropriate to carry out its corporate purposes, including con35 cession contracts, leases, or permits for the use of land, buildings, or other 

36 property considered desirable either to accommodate the public or to facili37 tate administration. 

38 (j) OFFICERS, AGENTS, AND EMPLOYEES.—The National Trust may ap39 point and prescribe the duties of officers, agents, and employees as may be 

40 necessary to carry out its functions, and fix and pay compensation to them 

41 for their services as the National Trust may determine. 

189 

•HR 1950 EH 

1 (k) LAWFUL ACTS.—The National Trust may generally do any and all 

2 lawful acts necessary or appropriate to carry out the purposes for which the 

3 National Trust is created. 

4 § 312106. Consultation with National Park System Advisory 

5 Board 

6 In carrying out its functions under this chapter, the National Trust may 

7 consult with the National Park System Advisory Board on matters relating 

8 to the selection of sites, buildings, and objects to be preserved and protected 

9 pursuant to this chapter. 

10 Chapter 3123—Commission for the 

11 Preservation of America’s Heritage Abroad 

Sec. 

312301. Definition. 

312302. Declaration of national interest. 

312303. Establishment. 

312304. Duties and powers; administrative support. 

312305. Reports. 

12 § 312301. Definition 

13 In this chapter, the term ‘‘Commission’’ means the Commission for the 

14 Preservation of America’s Heritage Abroad established under section 

15 312303 of this title. 

16 § 312302. Declaration of national interest 

17 Because the fabric of a society is strengthened by visible reminders of the 

18 historical roots of the society, it is in the national interest to encourage the 

19 preservation and protection of the cemeteries, monuments, and historic 

20 buildings associated with the foreign heritage of United States citizens. 

21 § 312303. Establishment 

22 (a) ESTABLISHMENT.—There is established a commission to be known as 

23 the Commission for the Preservation of America’s Heritage Abroad. 

24 (b) MEMBERSHIP.—The Commission shall consist of 21 members ap25 pointed by the President, 7 of whom shall be appointed after consultation 

26 with the Speaker of the House of Representatives and 7 of whom shall be 

27 appointed after consultation with the President pro tempore of the Senate. 

28 (c) TERM.— 

29 (1) IN GENERAL.—Except as provided in paragraph (2), a member 

30 of the Commission shall be appointed for a term of 3 years. 

31 (2) VACANCY.—A member appointed to fill a vacancy on the Com32 mission shall serve for the remainder of the term for which the mem33 ber’s predecessor was appointed. 

34 (3) MEMBER UNTIL SUCCESSOR APPOINTED.—A member may retain 

35 membership on the Commission until the member’s successor has been 

36 appointed. 

190 

•HR 1950 EH 

1 (d) CHAIRMAN.—The President shall designate the Chairman of the Com2 mission from among its members. 

3 (e) MEETINGS.—The Commission shall meet at least once every 6 

4 months. 

5 (f) COMPENSATION AND EXPENSES.— 

6 (1) COMPENSATION.—Members of the Commission shall receive no 

7 pay on account of their service on the Commission. 

8 (2) EXPENSES.—While away from their homes or regular places of 

9 business in the performance of services for the Commission, members 

10 of the Commission shall be allowed travel expenses, including per diem 

11 in lieu of subsistence, in the same manner as individuals employed 

12 intermittently in the Government service are allowed expenses under 

13 section 5703 of title 5. 

14 § 312304. Duties and powers; administrative support 

15 (a) DUTIES.—The Commission shall— 

16 (1) identify and publish a list of cemeteries, monuments, and historic 

17 buildings located abroad that are associated with the foreign heritage 

18 of United States citizens from eastern and central Europe, particularly 

19 cemeteries, monuments, and buildings that are in danger of deteriora20 tion or destruction; 

21 (2) encourage the preservation and protection of those cemeteries, 

22 monuments, and historic buildings by obtaining, in cooperation with the 

23 Secretary of State, assurances from foreign governments that the ceme24 teries, monuments, and buildings will be preserved and protected; and 

25 (3) prepare and disseminate reports on the condition of, and the 

26 progress toward preserving and protecting, those cemeteries, monu27 ments, and historic buildings. 

28 (b) POWERS.— 

29 (1) HOLD HEARINGS, REQUEST ATTENDANCE, TAKE TESTIMONY, 

30 AND RECEIVE EVIDENCE.—The Commission or any member it author31 izes may, for the purposes of carrying out this chapter, hold such hear32 ings, sit and act at such times and places, request such attendance, 

33 take such testimony, and receive such evidence, as the Commission con34 siders appropriate. 

35 (2) APPOINT PERSONNEL AND FIX PAY.—The Commission may ap36 point such personnel (subject to the provisions of title 5 governing ap37 pointments in the competitive service) and may fix the pay of such per38 sonnel (subject to the provisions of chapter 51 and subchapter III of 

39 chapter 53 of title 5), as the Commission considers desirable. 

40 (3) PROCURE TEMPORARY AND INTERMITTENT SERVICES.—The 

41 Commission may procure temporary and intermittent services to the 

191 

•HR 1950 EH 

1 same extent as is authorized by section 3109(b) of title 5, but at rates 

2 for individuals not to exceed the daily equivalent of the maximum an3 nual rate of basic pay then in effect under section 5376 of title 5. 

4 (4) DETAIL PERSONNEL TO COMMISISON.—On request of the Com5 mission, the head of any Federal department or agency, including the 

6 Secretary of State, may detail, on a reimbursable basis, any of the per7 sonnel of that department or agency to the Commission to assist it in 

8 carrying out its duties under this chapter. 

9 (5) SECURE INFORMATION.—The Commission may secure directly 

10 from any department or agency of the United States, including the De11 partment of State, any information necessary to enable it to carry out 

12 this chapter. On the request of the Chairman of the Commission, the 

13 head of the department or agency shall furnish the information to the 

14 Commission. 

15 (6) GIFTS OR DONATIONS.—The Commission may accept, use, and 

16 dispose of gifts or donations of money or property. 

17 (7) USE OF MAILS.—The Commission may use the United States 

18 mails in the same manner and on the same conditions as other depart19 ments and agencies of the United States. 

20 (c) ADMINISTRATIVE SUPPORT.—The Administrator of General Services 

21 shall provide to the Commission on a reimbursable basis administrative sup22 port services as the Commission may request. 

23 § 312305. Reports 

24 As soon as practicable after the end of each fiscal year, the Commission 

25 shall transmit to the President a report that includes— 

26 (1) a detailed statement of the activities and accomplishments of the 

27 Commission during the fiscal year; and 

28 (2) any recommendations of the Commission for legislation and ad29 ministrative actions. 

30 Chapter 3125—Preservation of Historical 

31 and Archeological Data 

Sec. 

312501. Definition. 

312502. Threat of irreparable loss or destruction of significant scientific, prehistorical, historical, or archeological data by Federal construction projects. 

312503. Survey and recovery by Secretary. 

312504. Progress reports by Secretary on surveys and work undertaken as result of surveys. 

312505. Notice of dam construction. 

312506. Administration. 

312507. Assistance to Secretary by Federal agencies responsible for construction projects. 

312508. Costs for identification, surveys, evaluation, and data recovery with respect to historic property. 

192 

•HR 1950 EH 

1 § 312501. Definition 

2 In this chapter, the term ‘‘State’’ includes a State, the District of Colum3 bia, Puerto Rico, Guam, American Samoa, the Virgin Islands, and the 

4 Northern Mariana Islands. 

5 § 312502. Threat of irreparable loss or destruction of signifi6 cant scientific, prehistorical, historical, or archeo7 logical data by Federal construction projects 

8 (a) ACTIVITY OF FEDERAL AGENCY.— 

9 (1) NOTIFICATION OF SECRETARY.—When any Federal agency finds, 

10 or is notified, in writing, by an appropriate historical or archeological 

11 authority, that its activities in connection with any Federal construc12 tion project or federally licensed project, activity, or program may 

13 cause irreparable loss or destruction of significant scientific, pre14 historical, historical, or archeological data, the agency shall notify the 

15 Secretary, in writing, and shall provide the Secretary with appropriate 

16 information concerning the project, program, or activity. 

17 (2) RECOVERY, PROTECTION, AND PRESERVATION OF DATA.—The 

18 agency— 

19 (A) may request the Secretary to undertake the recovery, pro20 tection, and preservation of the data (including preliminary survey, 

21 or other investigation as needed, and analysis and publication of 

22 the reports resulting from the investigation); or 

23 (B) may, with funds appropriated for the project, program, or 

24 activity, undertake those activities. 

25 (3) AVAILABILITY OF REPORTS.—Copies of reports of any investiga26 tions made pursuant to this section shall be submitted to the Secretary, 

27 who shall make them available to the public for inspection and review. 

28 (b) ACTIVITY OF PRIVATE PERSON, ASSOCIATION, OR PUBLIC ENTITY.— 

29 (1) RECOVERY BY SECRETARY.—When any Federal agency provides 

30 financial assistance by loan, grant, or otherwise to any private person, 

31 association, or public entity, the Secretary, if the Secretary determines 

32 that significant scientific, prehistorical, historical, or archeological data 

33 might be irrevocably lost or destroyed, may, with funds appropriated 

34 expressly for this purpose— 

35 (A) conduct, with the consent of all persons, associations, or 

36 public entities having a legal interest in the property, a survey of 

37 the affected site; and 

38 (B) undertake the recovery, protection, and preservation of the 

39 data (including analysis and publication). 

40 (2) COMPENSATION.—The Secretary shall, unless otherwise agreed 

41 to in writing, compensate any person, association, or public entity damVerDate Nov 24 2008 11:59 Aug 02, 2012 Jkt 000000 PO 00000 Frm 00192 Fmt 6652 Sfmt 6221 Z:\ENGROSS\H1950.EH CLERK
193 

•HR 1950 EH 

1 aged as a result of delays in construction or as a result of the tem2 porary loss of the use of private or any nonfederally owned land. 

3 § 312503. Survey and recovery by Secretary 

4 (a) IN GENERAL.—The Secretary, on notification, in writing, by any Fed5 eral or State agency or appropriate historical or archeological authority that 

6 scientific, prehistorical, historical, or archeological data are being or may be 

7 irrevocably lost or destroyed by any Federal or federally assisted or licensed 

8 project, activity, or program, shall, if the Secretary determines that the data 

9 are significant and are being or may be irrevocably lost or destroyed and 

10 after reasonable notice to the agency responsible for funding or licensing the 

11 project, activity, or program— 

12 (1) conduct or cause to be conducted a survey and other investiga13 tion of the areas that are or may be affected; and 

14 (2) recover and preserve the data (including analysis and publica15 tion) that, in the opinion of the Secretary, are not being, but should 

16 be, recovered and preserved in the public interest. 

17 (b) WHEN SURVEY OR RECOVERY NOT REQUIRED.—No survey or recov18 ery work shall be required pursuant to this section that, in the determina19 tion of the head of the responsible agency, would impede Federal or feder20 ally assisted or licensed projects or activities undertaken in connection with 

21 any emergency, including projects or activities undertaken in anticipation of, 

22 or as a result of, a natural disaster. 

23 (c) INITIATION OF SURVEY.—The Secretary shall initiate the survey or 

24 recovery effort within— 

25 (1) 60 days after notification pursuant to subsection (a); or 

26 (2) such time as may be agreed on with the head of the agency re27 sponsible for funding or licensing the project, activity, or program in 

28 all other cases. 

29 (d) COMPENSATION BY SECRETARY.—The Secretary shall, unless other30 wise agreed to in writing, compensate any person, association, or public en31 tity damaged as a result of delays in construction or as a result of the tem32 porary loss of the use of private or nonfederally owned land. 

33 § 312504. Progress reports by Secretary on surveys and 

34 work undertaken as result of surveys 

35 (a) PROGRESS REPORTS TO FUNDING OR LICENSING AGENCY.—The Sec36 retary shall keep the agency responsible for funding or licensing the project 

37 notified at all times of the progress of any survey made under this chapter 

38 or of any work undertaken as a result of a survey, in order that there will 

39 be as little disruption or delay as possible in the carrying out of the func40 tions of the agency. The survey and recovery programs shall terminate at 

194 

•HR 1950 EH 

1 a time agreed on by the Secretary and the head of the agency unless ex2 tended by agreement. 

3 (b) DISPOSITION OF RELICS AND SPECIMENS.—The Secretary shall con4 sult with any interested Federal and State agencies, educational and sci5 entific organizations, private institutions, and qualified individuals, with a 

6 view to determining the ownership of, and the most appropriate repository 

7 for, any relics and specimens recovered as a result of any work performed 

8 as provided for in this section. 

9 (c) COORDINATION OF ACTIVITIES.—The Secretary shall coordinate all 

10 Federal survey and recovery activities authorized under this chapter. 

11 § 312505. Notice of dam construction 

12 (a) IN GENERAL.—Before any Federal agency undertakes the construc13 tion of a dam, or issues a license to any private individual or corporation 

14 for the construction of a dam, it shall give written notice to the Secretary 

15 setting forth the site of the proposed dam and the approximate area to be 

16 flooded and otherwise changed if construction is undertaken. 

17 (b) DAMS WITH CERTAIN DETENTION CAPACITY OR RESERVOIR.—With 

18 respect to any flood water retarding dam that provides fewer than 5,000 

19 acre-feet of detention capacity, and with respect to any other type of dam 

20 that creates a reservoir of fewer than 40 surface acres, this section shall 

21 apply only when the constructing agency, in its preliminary surveys, finds 

22 or is presented with evidence that historical or archeological materials exist 

23 or may be present in the proposed reservoir area. 

24 § 312506. Administration 

25 In the administration of this chapter, the Secretary may— 

26 (1) enter into contracts or make cooperative agreements with any 

27 Federal or State agency, educational or scientific organization, or insti28 tution, corporation, association, or qualified individual; 

29 (2) obtain the services of experts and consultants or organizations 

30 of experts and consultants in accordance with section 3109 of title 5; 

31 and 

32 (3) accept and utilize funds made available for salvage archeological 

33 purposes by any private person or corporation or transferred to the 

34 Secretary by any Federal agency. 

35 § 312507. Assistance to Secretary by Federal agencies re36 sponsible for construction projects 

37 (a) ASSISTANCE OF FEDERAL AGENCIES.—To carry out this chapter, any 

38 Federal agency responsible for a construction project may assist the Sec39 retary or may transfer to the Secretary funds as may be agreed on, but not 

40 more than 1 percent of the total amount authorized to be appropriated for 

41 the project, except that the 1 percent limitation under this section shall not 

195 

•HR 1950 EH 

1 apply if the cost of the project is $50,000 or less. The costs of the survey, 

2 recovery, analysis, and publication shall be deemed nonreimbursable project 

3 costs. 

4 (b) AVAILABILITY OF APPROPRIATIONS.—Amounts appropriated for pur5 poses of this section shall remain available until expended. 

6 § 312508. Costs for identification, surveys, evaluation, and 

7 data recovery with respect to historic property 

8 Notwithstanding section 312507(a) of this title or any other provision of 

9 law— 

10 (1) identification, surveys, and evaluation carried out with respect to 

11 historic property within project areas may be treated for purposes of 

12 any law or rule of law as planning costs of the project and not as costs 

13 of mitigation; 

14 (2) reasonable costs for identification, surveys, evaluation, and data 

15 recovery carried out with respect to historic property within project 

16 areas may be charged to Federal licensees and permittees as a condi17 tion to the issuance of the license or permit; and 

18 (3) Federal agencies, with the concurrence of the Secretary and after 

19 notification of the Committee on Natural Resources of the House of 

20 Representatives and the Committee on Energy and Natural Resources 

21 of the Senate, may waive, in appropriate cases, the 1 percent limitation 

22 under section 312507(a) of this title. 

23 Division C—American Antiquities 

24 Chapter 3201—Policy and Administrative 

25 Provisions 

Sec. 

320101. Declaration of national policy. 

320102. Powers and duties of Secretary. 

320103. Cooperation with governmental and private agencies and individuals. 

320104. Jurisdiction of States in acquired land. 

320105. Criminal penalties. 

320106. Limitation on obligation or expenditure of appropriated amounts. 

26 § 320101. Declaration of national policy 

27 It is declared that it is a national policy to preserve for public use historic 

28 sites, buildings, and objects of national significance for the inspiration and 

29 benefit of the people of the United States. 

30 § 320102. Powers and duties of Secretary 

31 (a) IN GENERAL.—The Secretary, acting through the Director, for the 

32 purpose of effectuating the policy expressed in section 320101 of this title, 

33 has the powers and shall perform the duties set out in this section. 

34 (b) PRESERVATION OF DATA.—The Secretary shall secure, collate, and 

35 preserve drawings, plans, photographs, and other data of historic and 

36 archeologic sites, buildings, and objects. 

196 

•HR 1950 EH 

1 (c) SURVEY.—The Secretary shall make a survey of historic and 

2 archeologic sites, buildings, and objects for the purpose of determining 

3 which possess exceptional value as commemorating or illustrating the his4 tory of the United States. 

5 (d) INVESTIGATIONS AND RESEARCHES.—The Secretary shall make nec6 essary investigations and researches in the United States relating to par7 ticular sites, buildings, and objects to obtain accurate historical and archeo8 logical facts and information concerning the sites, buildings, and objects. 

9 (e) ACQUISITION OF PROPERTY.—The Secretary may, for the purpose of 

10 this chapter, acquire in the name of the United States by gift, purchase, 

11 or otherwise any property, personal or real, or any interest or estate in 

12 property, title to any real property to be satisfactory to the Secretary. Prop13 erty that is owned by any religious or educational institution or that is 

14 owned or administered for the benefit of the public shall not be acquired 

15 without the consent of the owner. No property shall be acquired or contract 

16 or agreement for the acquisition of the property made that will obligate the 

17 general fund of the Treasury for the payment of the property, unless Con18 gress has appropriated money that is available for that purpose. 

19 (f) CONTRACTS AND COOPERATIVE AGREEMENTS.—The Secretary may 

20 contract and make cooperative agreements with States, municipal subdivi21 sions, corporations, associations, or individuals, with proper bond where con22 sidered advisable, to protect, preserve, maintain, or operate any historic or 

23 archeologic building, site, or object, or property used in connection with the 

24 building, site, or object, for public use, regardless whether the title to the 

25 building, site, object, or property is in the United States. No contract or 

26 cooperative agreement shall be made or entered into that will obligate the 

27 general fund of the Treasury unless or until Congress has appropriated 

28 money for that purpose. 

29 (g) PROTECTION OF SITES, BUILDINGS, OBJECTS, AND PROPERTY.—The 

30 Secretary shall restore, reconstruct, rehabilitate, preserve, and maintain his31 toric or prehistoric sites, buildings, objects, and property of national histor32 ical or archeological significance and where considered desirable establish 

33 and maintain museums in connection with the sites, buildings, objects, and 

34 property. 

35 (h) TABLETS TO MARK OR COMMEMORATE PLACES AND EVENTS.—The 

36 Secretary shall erect and maintain tablets to mark or commemorate historic 

37 or prehistoric places and events of national historical or archeological sig38 nificance. 

39 (i) OPERATION FOR BENEFIT OF PUBLIC.—The Secretary may operate 

40 and manage historic and archeologic sites, buildings, and property acquired 

41 under this chapter together with land and subordinate buildings for the benVerDate Nov 24 2008 11:59 Aug 02, 2012 Jkt 000000 PO 00000 Frm 00196 Fmt 6652 Sfmt 6221 Z:\ENGROSS\H1950.EH CLERK
197 

•HR 1950 EH 

1 efit of the public and may charge reasonable visitation fees and grant con2 cessions, leases, or permits for the use of land, building space, roads, or 

3 trails when necessary or desirable either to accommodate the public or to 

4 facilitate administration. The Secretary may grant those concessions, leases, 

5 or permits and enter into contracts relating to the contracts, leases, or per6 mits with responsible persons, firms, or corporations without advertising 

7 and without securing competitive bids. 

8 (j) CORPORATION TO CARRY OUT DUTIES.—When the Secretary deter9 mines that it would be administratively burdensome to restore, reconstruct, 

10 operate, or maintain any particular historic or archeologic site, building, or 

11 property donated to the United States through the Service, the Secretary 

12 may cause the restoration, reconstruction, operation, or maintenance to be 

13 done by organizing a corporation for that purpose under the laws of the 

14 District of Columbia or any State. 

15 (k) EDUCATIONAL PROGRAM AND SERVICE.—The Secretary shall develop 

16 an educational program and service for the purpose of making available to 

17 the public information pertaining to American historic and archeologic sites, 

18 buildings, and properties of national significance. Reasonable charges may 

19 be made for the dissemination of any such information. 

20 (l) ACTIONS AND REGULATIONS NECESSARY TO CARRY OUT CHAPTER.— 

21 The Secretary shall perform any and all acts and make regulations not in22 consistent with this chapter that may be necessary and proper to carry out 

23 this chapter. 

24 § 320103. Cooperation with governmental and private agen25 cies and individuals 

26 (a) AUTHORIZATION OF SECRETARY.—The Secretary may cooperate with 

27 and may seek and accept the assistance of any Federal, State, or local agen28 cy, educational or scientific institution, patriotic association, or individual. 

29 (b) TECHNICAL ADVISORY COMMITTEES.—When the Secretary considers 

30 it necessary, the Secretary may establish technical advisory committees to 

31 act in an advisory capacity in connection with the restoration or reconstruc32 tion of any historic or prehistoric building or other structure. 

33 (c) EMPLOYMENT OF ASSISTANCE.—The Secretary may employ profes34 sional and technical assistance and establish service as may be required to 

35 accomplish the purposes of this chapter and for which money may be appro36 priated by Congress or made available by gifts for those purposes. 

37 § 320104. Jurisdiction of States in acquired land 

38 Nothing in this chapter shall be held to deprive any State, or political 

39 subdivision of a State, of its civil and criminal jurisdiction in and over land 

40 acquired by the United States under this chapter. 

198 

•HR 1950 EH 

1 § 320105. Criminal penalties 

2 Criminal penalties for a violation of a regulation authorized by this chap3 ter are provided by section 1866 of title 18. 

4 § 320106. Limitation on obligation or expenditure of appro5 priated amounts 

6 Notwithstanding any other provision of law, no funds appropriated or 

7 otherwise made available to the Secretary to carry out subsection (f) or (g) 

8 of section 320102 of this title may be obligated or expended— 

9 (1) unless the appropriation of the funds has been specifically au10 thorized by law enacted on or after October 30, 1992; or 

11 (2) in excess of the amount prescribed by law enacted on or after 

12 October 30, 1992. 

13 Chaper 3203—Monuments, Ruins, Sites, 

14 and Objects of Antiquity 

Sec. 

320301. National monuments. 

320302. Permits. 

320303. Regulations. 

15 § 320301. National monuments 

16 (a) PRESIDENTIAL DECLARATION.—The President may, in the Presi17 dent’s discretion, declare by public proclamation historic landmarks, historic 

18 and prehistoric structures, and other objects of historic or scientific interest 

19 that are situated on land owned or controlled by the Federal Government 

20 to be national monuments. 

21 (b) RESERVATION OF LAND.—The President may reserve parcels of land 

22 as a part of the national monuments. The limits of the parcels shall be con23 fined to the smallest area compatible with the proper care and management 

24 of the objects to be protected. 

25 (c) RELINQUISHMENT TO FEDERAL GOVERNMENT.—When an object is 

26 situated on a parcel covered by a bona fide unperfected claim or held in 

27 private ownership, the parcel, or so much of the parcel as may be necessary 

28 for the proper care and management of the object, may be relinquished to 

29 the Federal Government and the Secretary may accept the relinquishment 

30 of the parcel on behalf of the Federal Government. 

31 (d) LIMITATION ON EXTENSION OR ESTABLISHMENT OF NATIONAL

32 MONUMENTS IN WYOMING.—No extension or establishment of national 

33 monuments in Wyoming may be undertaken except by express authorization 

34 of Congress. 

35 § 320302. Permits 

36 (a) AUTHORITY TO GRANT PERMIT.—The Secretary, the Secretary of 

37 Agriculture, or the Secretary of the Army may grant a permit for the exam38 ination of ruins, the excavation of archeological sites, and the gathering of 

199 

•HR 1950 EH 

1 objects of antiquity on land under their respective jurisdictions to an institu2 tion that the Secretary concerned considers properly qualified to conduct the 

3 examination, excavation, or gathering, subject to such regulations as the 

4 Secretary concerned may prescribe. 

5 (b) PURPOSE OF EXAMINATION, EXCAVATION, OR GATHERING.—A per6 mit may be granted only if— 

7 (1) the examination, excavation, or gathering is undertaken for the 

8 benefit of a reputable museum, university, college, or other recognized 

9 scientific or educational institution, with a view to increasing the 

10 knowledge of the objects; and 

11 (2) the gathering shall be made for permanent preservation in a pub12 lic museum. 

13 § 320303. Regulations 

14 The Secretary, the Secretary of Agriculture, and the Secretary of the 

15 Army shall make and publish uniform regulations for the purpose of car16 rying out this chapter. 

17 SEC. 4. CONFORMING AMENDMENTS. 

18 (a) TITLE 18.— 

19 (1) IN GENERAL.—Chapter 91 of title 18, United States Code, is 

20 amended by adding at the end the following: 

21 ‘‘§ 1865. National Park Service 

22 ‘‘(a) VIOLATION OF REGULATIONS RELATING TO USE AND MANAGEMENT

23 OF NATIONAL PARK SYSTEM UNITS.—A person that violates any regulation 

24 authorized by section 100751(a) of title 54 shall be imprisoned not more 

25 than 6 months, fined under this title, or both, and be adjudged to pay all 

26 cost of the proceedings. 

27 ‘‘(b) FINANCIAL DISCLOSURE BY OFFICERS OR EMPLOYEES PER28 FORMING FUNCTIONS OR DUTIES UNDER SUBCHAPTER III OF CHAPTER

29 1007 OF TITLE 54.—An officer or employee of the Department of the Inte30 rior who is subject to, and knowingly violates, section 100737 of title 54 

31 or any regulation prescribed under that section shall be imprisoned not 

32 more than one year, fined under this title, or both. 

33 ‘‘(c) OFFENSES RELATING TO STRUCTURES AND VEGETATION.—A per34 son that willfully destroys, mutilates, defaces, injures, or removes any monu35 ment, statue, marker, guidepost, or other structure, or that willfully de36 stroys, cuts, breaks, injures, or removes any tree, shrub, or plant within a 

37 national military park shall be imprisoned not less than 15 days nor more 

38 than one year, fined under this title but not less than $10 for each monu39 ment, statue, marker, guidepost, or other structure, tree, shrub, or plant 

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

200 

•HR 1950 EH 

1 ‘‘(d) TRESPASSING IN A NATIONAL MILITARY PARK TO HUNT OR

2 SHOOT.—An individual who trespasses in a national military park to hunt 

3 or shoot, or hunts game of any kind in a national military park with a gun 

4 or dog, or sets a trap or net or other device in a national military park 

5 to hunt or catch game of any kind, shall be imprisoned not less than 5 nor 

6 more than 30 days, fined under this title, or both. 

7 ‘‘§ 1866. Historic, archeologic, or prehistoric items and an8 tiquities 

9 ‘‘(a) VIOLATION OF REGULATIONS AUTHORIZED BY CHAPTER 3201 OF

10 TITLE 54.—A person that violates any of the regulations authorized by 

11 chapter 3201 of title 54 shall be fined under this title and be adjudged to 

12 pay all cost of the proceedings. 

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

14 PREHISTORIC RUIN OR MONUMENT OR OBJECT OF ANTIQUITY.—A person 

15 that appropriates, excavates, injures, or destroys any historic or prehistoric 

16 ruin or monument or any other object of antiquity that is situated on land 

17 owned or controlled by the Federal Government without the permission of 

18 the head of the Federal agency having jurisdiction over the land on which 

19 the object is situated, shall be imprisoned not more than 90 days, fined 

20 under this title, or both.’’. 

21 (2) TABLE OF CONTENTS.—The table of contents of chapter 91 of 

22 title 18, United States Code, is amended by adding at the end the fol23 lowing: 

‘‘1865. National Park Service. 

‘‘1866. Historic, archeologic, or prehistoric items and antiquities.’’. 

24 (b) TITLE 28.— 

25 (1) IN GENERAL.—Part VI of title 28, United States Code, is 

26 amended by adding at the end the following: 

27 ‘‘CHAPTER 190—MISCELLANEOUS 

‘‘Sec. 

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

of United States. 

28 ‘‘§ 5001. Civil action for death or personal injury in a place 

29 subject to exclusive jurisdiction of United States 

30 ‘‘(a) DEATH.—In the case of the death of an individual by the neglect 

31 or wrongful act of another in a place subject to the exclusive jurisdiction 

32 of the United States within a State, a right of action shall exist as though 

33 the place were under the jurisdiction of the State in which the place is lo34 cated. 

35 ‘‘(b) PERSONAL INJURY.—In a civil action brought to recover on account 

36 of an injury sustained in a place described in subsection (a), the rights of 

201 

•HR 1950 EH 

1 the parties shall be governed by the law of the State in which the place is 

2 located.’’. 

3 (2) TABLE OF CONTENTS.—The table of contents of part VI of title 

4 28, United States Code, is amended by adding at the end the following: 

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

5 (c) ACT OF MAY 26, 2000.—Section 1 of Public Law 106–206 (114 Stat. 

6 314) is amended to read as follows: 

7 ‘‘SECTION 1. COMMERCIAL FILMING. 

8 ‘‘(a) COMMERCIAL FILMING FEE.— 

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

10 of Agriculture (hereafter individually referred to as the ‘Secretary’ with 

11 respect to land (except land in a System unit as defined in section 

12 100102 of title 54, United States Code) under their respective jurisdic13 tions) shall require a permit and shall establish a reasonable fee for 

14 commercial filming activities or similar projects on Federal land admin15 istered by the Secretary. The fee shall provide a fair return to the 

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

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

18 takes place on Federal land under the Secretary’s jurisdiction. 

19 ‘‘(B) The size of the film crew present on Federal land under 

20 the Secretary’s jurisdiction. 

21 ‘‘(C) The amount and type of equipment present. 

22 ‘‘(2) OTHER FACTORS.—The Secretary may include other factors in 

23 determining an appropriate fee as the Secretary considers necessary. 

24 ‘‘(b) RECOVERY OF COSTS.—The Secretary shall collect any costs in25 curred as a result of filming activities or similar project, including adminis26 trative and personnel costs. All costs recovered shall be in addition to the 

27 fee assessed in subsection (a). 

28 ‘‘(c) STILL PHOTOGRAPHY.— 

29 ‘‘(1) IN GENERAL.—Except as provided in paragraph (2), the Sec30 retary shall not require a permit nor assess a fee for still photography 

31 on land administered by the Secretary if such photography takes place 

32 where members of the public are generally allowed. The Secretary may 

33 require a permit, fee, or both, if such photography takes place at other 

34 locations where members of the public are generally not allowed, or 

35 where additional administrative costs are likely. 

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

37 reasonable fee for still photography that uses models or props which 

38 are not a part of the site’s natural or cultural resources or administra39 tive facilities. 

202 

•HR 1950 EH 

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

2 filming, still photography or other related activity if the Secretary deter3 mines that— 

4 ‘‘(1) there is a likelihood of resource damage; 

5 ‘‘(2) there would be an unreasonable disruption of the public’s use 

6 and enjoyment of the site; or 

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

8 ‘‘(e) USE OF PROCEEDS.— 

9 ‘‘(1) FEES.—All fees collected under this section shall be available 

10 for expenditure by the Secretary, without further appropriation and 

11 shall remain available until expended. 

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

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

14 site where the costs are collected and shall remain available until ex15 pended. 

16 ‘‘(f) PROCESSING OF PERMIT APPLICATIONS.—The Secretary shall estab17 lish a process to ensure that the Secretary responds in a timely manner to 

18 permit applicants for commercial filming, still photography, or other activ19 ity.’’. 

20 (d) PUBLIC LAW 111–24.—Section 512 of Public Law 111–24 (123 Stat. 

21 1764) is amended to read as follows: 

22 ‘‘SEC. 512. PROTECTION OF RIGHT OF INDIVIDUALS TO 

23 BEAR ARMS 

24 ‘‘(a) CONGRESSIONAL FINDINGS.—Congress finds the following: 

25 ‘‘(1) The 2d amendment to the Constitution provides that ‘the right 

26 of the people to keep and bear Arms, shall not be infringed’. 

27 ‘‘(2) Section 27.42 of title 50, Code of Federal Regulations, provides 

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

29 not ‘possess, use, or transport firearms on national wildlife refuges’ of 

30 the United States Fish and Wildlife Service. 

31 ‘‘(3) The regulations described in paragraph (2) prevent individuals 

32 complying with Federal and State laws from exercising the 2d amend33 ment rights of the individuals while at units of the National Wildlife 

34 Refuge System. 

35 ‘‘(4) The existence of different laws relating to the transportation 

36 and possession of firearms at different units of the National Wildlife 

37 Refuge System entrapped law-abiding gun owners while at units of the 

38 National Wildlife Refuge System. 

39 ‘‘(5) Although the Bush administration issued new regulations relat40 ing to the 2d amendment rights of law-abiding citizens in units of the 

203 

•HR 1950 EH 

1 National Wildlife Refuge System that went into effect on January 9, 

2 2009— 

3 ‘‘(A) on March 19, 2009, the United States District Court for 

4 the District of Columbia granted a preliminary injunction with re5 spect to the implementation and enforcement of the new regula6 tions; and 

7 ‘‘(B) the new regulations— 

8 ‘‘(i) are under review by the Obama administration; and 

9 ‘‘(ii) may be altered. 

10 ‘‘(6) Congress needs to weigh in on the new regulations to ensure 

11 that unelected bureaucrats and judges cannot again override the 2d 

12 amendment rights of law-abiding citizens on 90,790,000 acres of land 

13 under the jurisdiction of the United States Fish and Wildlife Service. 

14 ‘‘(7) Federal laws should make it clear that the 2d amendment 

15 rights of an individual at a unit of the National Wildlife Refuge System 

16 should not be infringed. 

17 ‘‘(b) PROTECTION OF RIGHT OF INDIVIDUALS TO BEAR ARMS IN UNITS

18 OF THE NATIONAL WILDLIFE REFUGE SYSTEM.—The Secretary shall not 

19 promulgate or enforce any regulation that prohibits an individual from pos20 sessing a firearm, including an assembled or functional firearm, in any unit 

21 of the National Wildlife Refuge System if— 

22 ‘‘(1) the individual is not otherwise prohibited by law from pos23 sessing the firearm; and 

24 ‘‘(2) the possession of the firearm is in compliance with the law of 

25 the State in which the unit of the National Wildlife Refuge System is 

26 located.’’. 

27 SEC. 5. CONFORMING CROSS-REFERENCES. 

28 (a) TITLE 7, UNITED STATES CODE.—Section 32(e) of the Bankhead29 Jones Farm Tenant Act (7 U.S.C. 1011(e)) is amended by striking ‘‘the 

30 Land and Water Conservation Fund Act of 1965 (78 Stat. 897)’’ and sub31 stituting ‘‘chapter 2003 of title 54, United States Code’’. 

32 (b) TITLE 10, UNITED STATES CODE.—Section 2684(c)(1) of title 10, 

33 United States Code, is amended by striking ‘‘section 101(a) of the National 

34 Historic Preservation Act (16 U.S.C. 470a(a))’’ and substituting ‘‘section 

35 2023.01 of title 54’’. 

36 (c) TITLE 15, UNITED STATES CODE.—Section 1072(a)(3)(D) of the 

37 Alaska Natural Gas Pipeline Act (15 U.S.C. 720(a)(3)(D)) is amended by 

38 striking ‘‘the National Historic Preservation Act (16 U.S.C. 470 et seq.)’’ 

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

40 (d) TITLE 16, UNITED STATES CODE.— 

204 

•HR 1950 EH 

1 (1) Section 6 of Public Law 89–72 (16 U.S.C. 460l–17) is amend2 ed— 

3 (A) in subsection (a), by striking ‘‘subsection 5(d) of the Land 

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

5 substituting ‘‘section 200305(d) of title 54, United States Code’’; 

6 and 

7 (B) in subsection (g), by striking ‘‘Subsection 6(a)(2) of the 

8 Land and Water Development Fund Act of 1965 (78 Stat. 897)’’ 

9 and substituting ‘‘section 200306(a)(3) of title 54, United States 

10 Code,’’. 

11 (2) Section 8 of Public Law 90–540 (16 U.S.C. 460v–7) is amended 

12 by striking ‘‘section 6 of the Act of September 3, 1964 (78 Stat. 897, 

13 903)’’ and substituting ‘‘section 200306 of title 54, United States 

14 Code’’. 

15 (3) Section 7(c) of the Springs Mountain National Recreation Area 

16 Act (16 U.S.C. 460hhh–5(c)) is amended by striking ‘‘section 7 of the 

17 Land and Water Conservation Fund Act of 1965 (16 U.S.C. 460l–9)’’ 

18 and substituting‘‘section 100506 of title 54, United States Code’’. 

19 (4) Section 5(b) of Public Law 103–64 (16 U.S.C. 460iii–4(b)) is 

20 amended by striking ‘‘section 7(a) of the Land and Water Conservation 

21 Fund Act of 1964 (16 U.S.C. 460l–9(a))’’ and substituting ‘‘section 

22 200306(a) of title 54, United States Code’’. 

23 (5) Section 702(a) of the Steens Mountain Cooperative Management 

24 and Protection Act of 2000 (16 U.S.C. 460nnn-122(a)) is amended by 

25 striking ‘‘section 2 of the Land and Water Conservation Fund Act of 

26 1965 (16 U.S.C. 460l-5)’’ and substituting ‘‘section 200302 of title 54, 

27 United States Code,’’. 

28 (6) Section 4 of the Archaeological Resources Protection Act of 1979 

29 (16 U.S.C. 470cc) is amended— 

30 (A) in subsection (h)— 

31 (i) in paragraph (1), by striking ‘‘the Act of June 8, 1906 

32 (16 U.S.C. 431–433)’’ and substituting ‘‘chapter 3203 of title 

33 54, United States Code’’; and 

34 (ii) in paragraph (2), by striking ‘‘the Act of June 8, 

35 1906’’ each place it appears and substituting ‘‘chapter 3203 

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

37 (B) in subsection (i), by striking ‘‘section 106 of the Act of Oc38 tober 15, 1966 (80 Stat. 917, 16 U.S.C. 470f)’’ and substituting 

39 ‘‘section 306108 of title 54, United States Code’’. 

40 (7) Section 5 of the Archaeological Resources Protection Act of 1979 

41 (16 U.S.C. 470dd) is amended by striking ‘‘the Act of June 27, 1960 

205 

•HR 1950 EH 

1 (16 U.S.C. 469–469c) or the Act of June 8, 1906 (16 U.S.C. 431– 

2 433)’’ and substituting ‘‘chapter 3125 or chapter 3203 of title 54, 

3 United States Code’’. 

4 (8) Section 9(a)(2) of the Archaeological Resources Protection Act 

5 of 1979 (16 U.S.C. 470hh(a)(2)) is amended by striking ‘‘the Act of 

6 June 27, 1960 (16 U.S.C. 469–469c)’’ and substituting ‘‘chapter 3125 

7 of title 54, United States Code’’. 

8 (9) Section 6311(1) of the Omnibus Public Land Management Act 

9 of 2009 (16 U.S.C. 470aaa–10(1)) is amended by striking ‘‘Public Law 

10 94–429 (commonly known as the ‘Mining in the Parks Act’ (16 U.S.C. 

11 1901 et seq.)’’ and substituting ‘‘subchapter 3 of chapter 1007 of title 

12 54, United States Code’’. 

13 (10) Section 502(h)(1)(B) of the National Parks and Recreation Act 

14 of 1998 (16 U.S.C. 471i(h)(1)(B)) is amended by striking ‘‘the Land 

15 and Water Conservation Fund Act’’ and substituting ‘‘chapter 2003 of 

16 title 54, United States Code’’. 

17 (11) Section 339(f)(4)(H) of the Department of the Interior and Re18 lated Agencies Appropriations Act, 2000 (Public Law 106–113, div. B, 

19 § 1000(a)(3), title III, 16 U.S.C. 528 note), is amended by striking 

20 ‘‘Section 4 of the Land and Water Conservation Fund Act of 1965 (16 

21 U.S.C. 460l–6a)’’ and substituting ‘‘Section 100904 of title 54, United 

22 States Code’’. 

23 (12) Section 6(d) of the Alaska Land Status Technical Corrections 

24 Act of 1992 (Public Law 102–415, 16 U.S.C. 539 note) is amended 

25 by striking ‘‘section 7 of the Land and Water Conservation Fund Act 

26 of 1965 (16 U.S.C. 460l–9)’’ and substituting ‘‘section 100506 of title 

27 54, United States Code’’. 

28 (13) Section 2(b) of the Greer Spring Acquisition and Protection Act 

29 of 1991 (Public Law 102–220, 16 U.S.C. 539h note) is amended by 

30 striking ‘‘section 7 of the Land and Water Conservation Fund Act of 

31 1965 (16 U.S.C. 460l–9)’’ and substituting ‘‘section 100506 of title 54, 

32 United States Code’’. 

33 (14) Section 606 of the Interstate 90 Land Exchange Act of 1998 

34 (Public Law 105–277, div. A, § 101(e), title VI, 16 U.S.C. 539k note) 

35 is amended— 

36 (A) in subsection (a)(3), by striking ‘‘section 7 of the Land and 

37 Water Conservation Fund Act of 1965 (16 U.S.C. 460l–9)’’ and 

38 substituting ‘‘section 100506 of title 54, United States Code,’’; 

39 (B) in subsection (b)(2), by striking ‘‘the National Historic 

40 Preservation Act’’ and substituting ‘‘division A of subtitle III of 

41 title 54, United States Code’’; and 

206 

•HR 1950 EH 

1 (C) in subsection (g)(1), by striking ‘‘the National Historic 

2 Preservation Act’’ and substituting ‘‘division A of subtitle III of 

3 title 54, United States Code,’’. 

4 (15) Section 6 of Public Law 93–535 (16 U.S.C. 541e) is amended 

5 by striking ‘‘clause 7(a)(1) of the Act of September 3, 1964 (78 Stat. 

6 903), as amended’’ and substituting ‘‘section 200306(a)(2) of title 54, 

7 United States Code’’. 

8 (16) Section 14(e)(3)(D)(iii) of the Columbia River Gorge National 

9 Scenic Area Act (16 U.S.C. 544l(e)(3)(D)(iii)) is amended by striking 

10 ‘‘the Land and Water Conservation Fund Act of 1965 (16 U.S.C. 

11 460l–4 through 11)’’ and substituting ‘‘chapter 2003 of title 54, 

12 United States Code,’’. 

13 (17) Section 16(a)(1) of the Columbia River Gorge National Scenic 

14 Area Act (16 U.S.C. 544n(a)(1) is amended by striking ‘‘the Land and 

15 Water Conservation Fund (16 U.S.C. 460l–4 and following)’’ and sub16 stituting ‘‘chapter 2003 of title 54, United States Code,’’. 

17 (18) Section 3(b) of the Saint Helena Island National Scenic Area 

18 Act (16 U.S.C. 546a(b)) is amended by striking ‘‘section 8 of the Land 

19 and Water Conservation Fund Act of 1965 (16 U.S.C. 460l–9)’’ and 

20 substituting ‘‘section 100506 of title 54, United States Code’’. 

21 (19) Section 6(a) of the Act of June 22, 1948 (known as the Thye22 Blatnik Act) (16 U.S.C. 577h(a)) is amended by striking ‘‘the Land 

23 and Water Conservation Fund Act (78 Stat. 897), as amended’’ and 

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

25 (20) Section 104(f) of the Valles Caldera Preservation Act (16 

26 U.S.C. 688v–2(f)) is amended by striking ‘‘section 7 of the Land and 

27 Water Conservation Fund Act of 1965 (16 U.S.C. 460l–9)’’ and sub28 stituting ‘‘section 100506 of title 54, United States Code’’. 

29 (21) Section 4(a)(3) of the Wilderness Act (16 U.S.C. 1133(a)(3)) 

30 is amended— 

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

32 ‘‘section 100101(b)(1), chapter 1003, and sections 100751(a), 

33 100752, 100753, and 102101 of title 54, United States Code’’; 

34 and 

35 (B) by striking ‘‘the Act of June 8, 1906 (34 Stat. 225; 16 

36 U.S.C. 432 et seq); section 3(2) of the Federal Power Act (16 

37 U.S.C. 796(2)); and the Act of August 21, 1935 (49 Stat. 666; 

38 16 U.S.C. 461 et seq.)’’ and substituting ‘‘section 3(2) of the Fed39 eral Power Act (16 U.S.C. 796(2)); and chapters 3201 and 3203 

40 of title 54, United States Code’’. 

207 

•HR 1950 EH 

1 (22) Section 5 of Public Law 90–454 (16 U.S.C. 1225) is amended 

2 by striking ‘‘the Land and Water Conservation Fund Act of 1965 (78 

3 Stat. 897)’’ and substituting ‘‘chapter 2003 of title 54, United States 

4 Code’’. 

5 (23) Section 7(h)(1) of the National Trails System Act (16 U.S.C. 

6 1246(h)(1) is amended by striking ‘‘the Volunteers in the Parks Act 

7 of 1969’’ and substituting ‘‘section 102301 of title 54, United States 

8 Code,’’. 

9 (24) Section 8(a) of the National Trails System Act (16 U.S.C. 

10 1247(a)) is amended— 

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

12 and substituting ‘‘chapter 2003 of title 54, United States Code’’; 

13 (B) by striking ‘‘the Act of October 15, 1966 (80 Stat. 915), 

14 as amended’’ and substituting ‘‘division A of subtitle III of title 

15 54, United States Code’’; and 

16 (C) by striking ‘‘the Act of May 28, 1963 (77 Stat. 49’’ and 

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

18 (25) Section 9(e)(3) of the National Trails System Act (16 U.S.C. 

19 1248 (e)(3)) is amended by striking ‘‘section 2 of the Land and Water 

20 Conservation Fund Act of 1965’’ and substituting ‘‘section 200302 of 

21 title 54, United States Code’’. 

22 (26) Section 10(a)(1) of the National Trails System Act (16 U.S.C. 

23 1249(a)(1)) is amended by striking ‘‘the Land and Water Conservation 

24 Fund Act (78 Stat. 897), as amended’’ and substituting ‘‘chapter 2003 

25 of title 54, United States Code’’. 

26 (27) Section 11(a)(2) of the National Trails System Act (16 U.S.C. 

27 1250(a)(2)) is amended— 

28 (A) by striking ‘‘the Volunteers in the Parks Act of 1969’’ and 

29 substituting ‘‘section 102301 of title 54, United States Code’’; and 

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

31 Fund Act of 1965’’ and substituting ‘‘200305 of title 54, United 

32 States Code’’. 

33 (28) Section 12(4) of the National Trails System Act (16 U.S.C. 

34 1251(4)) is amended by striking ‘‘the Land and Water Conservation 

35 Fund Act of 1965’’ and substituting ‘‘chapter 2003 of title 54, United 

36 States Code,’’. 

37 (29) Section 2(a) of the Wild and Scenic Rivers Act (16 U.S.C. 

38 1273(a)) is amended by striking ‘‘the Land and Water Conservation 

39 Act of 1965’’ and substituting ‘‘chapter 2003 of title 54, United States 

40 Code,’’. 

208 

•HR 1950 EH 

1 (30) Section 7(d) of the Wild and Scenic Rivers Act (16 U.S.C. 

2 1278(d)) is amended by striking ‘‘the Land and Water Conservation 

3 Fund Act of 1965’’ and substituting ‘‘chapter 2003 of title 54, United 

4 States Code’’. 

5 (31) Section 11 of the Wild and Scenic Rivers Act (16 U.S.C. 1282) 

6 is amended— 

7 (A) in subsection (a), by striking ‘‘the Land and Water Con8 servation Fund Act of 1965 (78 Stat. 897’’ and substituting 

9 ‘‘chapter 2003 of title 54, United States Code’’; and 

10 (B) in subsection (b)(2)— 

11 (i) in subparagraph (A), by striking ‘‘the Volunteers in the 

12 Parks Act of 1969’’ and substituting ‘‘section 102301 of title 

13 54, United States Code,’’; and 

14 (ii) in subparagraph (B), by striking ‘‘the Land and Water 

15 Conservation Fund Act of 1965’’ and substituting ‘‘chapter 

16 2003 of title 54, United States Code’’. 

17 (32) Section 5(b) of the Endangered Species Act of 1973 (16 U.S.C. 

18 1534(b) is amended by striking ‘‘the Land and Water Conservation 

19 Fund Act of 1965, as amended’’ and substituting ‘‘chapter 2003 of 

20 title 54, United States Code’’. 

21 (33) Section 815(4) of the Alaska National Interest Lands Conserva22 tion Act (16 U.S.C. 3125(4)’’ is amended— 

23 (A) by striking ‘‘the National Park Service Organic Act (39 

24 Stat. 535, 16 U.S.C. 1, 2, 3, 4)’’ and substituting‘‘section 

25 100101(b)(1), chapter 1003, and sections 100751(a), 100752, 

26 100753, and 102101 of title 54, United States Code’’; and 

27 (B) by adding ‘‘or such title’’ after ‘‘such Acts’’. 

28 (34) Section 6(a)(6)(C) of the Coastal Barrier Act of 1968 (16 

29 U.S.C. 3505(a)(6)(C)) is amended by striking ‘‘the Land and Water 

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

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

32 (35) Section 11 of the National Fish and Wildlife Foundation Estab33 lishment Act (16 U.S.C. 3710) is amended by striking ‘‘Public Law 

34 90–209 (16 U.S.C. 19e et seq.)’’ and substituting ‘‘subchapter II of 

35 chapter 1011 of title 54, United States Code’’. 

36 (36) Section 805(f)(1) of the Federal Lands Recreation Enhance37 ment Act (16 U.S.C. 6804(f)(1)) is amended— 

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

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

40 (37) Section 813 of the Federal Lands Recreation Enhancement Act 

41 (16 U.S.C. 6812) is amended— 

209 

•HR 1950 EH 

1 (A) in subsection (A), by striking ‘‘(16 U.S.C. 460l–6a et 

2 seq.)’’; 

3 (B) in subsection (b), by striking ‘‘; 16 U.S.C. 460l–6a’’; 

4 (C) in subsection (c)— 

5 (i) in paragraph (1), by striking ‘‘; 16 U.S.C. 5982’’; and 

6 (ii) in paragraph (2), by striking ‘‘; 16 U.S.C. 5991– 

7 5995’’; and 

8 (D) in subsection (e)— 

9 (i) in paragraph (1), by striking ‘‘(16 U.S.C. 460l– 

10 6a(i)(1))’’; 

11 (ii) in paragraph (2), by striking ‘‘; 16 U.S.C. 5991– 

12 5995’’; and 

13 (iii) in paragraph (3), by striking ‘‘; 16 U.S.C. 460l–6a’’. 

14 (e) TITLE 20, UNITED STATES CODE.— 

15 (1) Section 2 of the Act of August 15, 1949 (20 U.S.C. 78a) is 

16 amended by striking ‘‘the Act of June 8, 1906 (16 U.S.C. 432, 433)’’ 

17 and substituting ‘‘section 1866(b) of title 18, United States Code, and 

18 sections 320302 and 320303 of title 54, United States Code’’. 

19 (2) Section 1517(a)(3) of the American Indian, Alaska Native, and 

20 Native Hawaiian Culture and Art Development Act (20 U.S.C. 

21 4424(a)(3)) is amended by striking ‘‘the National Historic Preservation 

22 Act (16 U.S.C. 470 et seq.)’’ and substituting ‘‘division A of subtitle 

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

24 (3) Section 7202(13)(E) of the Native Hawaiian Education Act (20 

25 U.S.C. 7512(13)(D)) is amended by striking ‘‘ the National Historic 

26 Preservation Act (16 U.S.C. 470 et seq.)’’ and substituting ‘‘division 

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

28 (f) TITLE 23, UNITED STATES CODE.— 

29 (1) Section 103(c)(5) of title 23, United States Code, is amended— 

30 (A) in subparagraph (B), by striking ‘‘section 106 of the Na31 tional Historic Preservation Act (16 U.S.C. 470f)’’ and sub32 stituting ‘‘section 306108 of title 54’’; and 

33 (B) in subparagraph (C), by striking ‘‘section 106 of the Na34 tional Historic Preservation Act (16 U.S.C. 470f)’’ and sub35 stituting ‘‘section 306108 of title 54’’. 

36 (2) Section 133(e)(5)(B) of title 23, United States Code, is amend37 ed— 

38 (A) by striking ‘‘title II of the National Historic Preservation 

39 Act (16 U.S.C. 470i et seq.)’’ and substituting ‘‘section 304101 

40 of title 54’’; and 

210 

•HR 1950 EH 

1 (B) by striking ‘‘section 106 of such Act (16 U.S.C. 470f)’’ and 

2 substituting ‘‘section 306108 of title 54’’. 

3 (3) Section 138(b)(2)(A) of title 23, United States Code, is amended 

4 by striking ‘‘section 106 of the National Historic Preservation Act (16 

5 U.S.C. 470f)’’ and substituting ‘‘section 306108 of title 54’’. 

6 (4) Section 206 of title 23, United States Code, is amended— 

7 (A) in subsection (d)(1)(B), by striking ‘‘the Land and Water 

8 Conservation Fund Act of 1965 (16 U.S.C. 460l–4 et seq.)’’ and 

9 substituting ‘‘chapter 2003 of title 54’’; 

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

11 Water Conservation Fund Act of 1965 (16 U.S.C. 460l–4 et 

12 seq.)’’ and substituting ‘‘chapter 2003 of title 54’’; and 

13 (C) in subsection (h)(3), by striking ‘‘section 6(f)(3) of the 

14 Land and Water Conservation Fund Act of 1965 (16 U.S.C. 460l– 

15 8(f)(3))’’ and substituting ‘‘section 200305(f)(3) of title 54’’. 

16 (g) TITLE 25, UNITED STATES CODE.—Section 509(a) of the Indian 

17 Self-Determination and Education Assistance Act (25 U.S.C. 458aaa–8(a)) 

18 is amended by striking ‘‘the National Historic Preservation Act (16 U.S.C. 

19 470et seq.)’’ and substituting ‘‘division A of subtitle III of title 54, United 

20 States Code’’. 

21 (h) TITLE 26, UNITED STATES CODE.—Section 9503(c)(3)(A)(i) of the 

22 Internal Revenue Code of 1986 (26 U.S.C. 9503(c)(3)(A)(i)) is amended by 

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

24 and substituting ‘‘chapter 2003 of title 54’’. 

25 (i) TITLE 36, UNITED STATES CODE.—Section 153513(a)(1) of title 36, 

26 United States Code, is amended by striking ‘‘the Act of August 25, 1916 

27 (16 U.S.C. 1 et seq.) (known as the National Park Service Organic Act)’’ 

28 and substituting ‘‘section 100101(a), chapter 1003, and sections 100751(a), 

29 100752, 100753, and 102101 of title 54, United States Code’’. 

30 (j) TITLE 40, UNITED STATES CODE.— 

31 (1) Section 549(c)(3)(B)(ix) of title 40, United States code, is 

32 amended— 

33 (A) by striking ‘‘section 308(e)(2) of the National Historic 

34 Preservation Act (16 U.S.C. 470w–7(e)(2))’’ and substituting 

35 ‘‘section 305101(4) of title 54’’; and 

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

37 ‘‘section 305103 of title 54’’. 

38 (2) Section 550(h)(1)(B) of title 40, United States Code, is amended 

39 by striking ‘‘section 3 of the Act of August 21, 1935 (16 U.S.C. 463) 

40 (known as the Historic Sites, Buildings, and Antiquities Act)’’ and sub41 stituting ‘‘section 102303 of title 54’’. 

211 

•HR 1950 EH 

1 (3) Section 1303(c) of title 40, United States Code, is amended by 

2 striking ‘‘the Act of August 21, 1935 (16 U.S.C. 461 et seq.) (known 

3 as the Historic Sites, Buildings, and Antiquities Act)’’ and substituting 

4 ‘‘chapter 3201 of title 54’’. 

5 (4) Section 1314(a)(2)(A)(ii) of title 40, United States Code, is 

6 amended by striking ‘‘the Act of August 25, 1916 (16 U.S.C. 1, 2, 3, 

7 4) (known as the National Park Service Organic Act)’’ and substituting 

8 ‘‘section 100101(a), chapter 1003, and sections 100751(a), 100752, 

9 100753, and 102101 of title 54’’. 

10 (5) Section 3303(c) of title 40, United States Code, is amended by 

11 striking ‘‘title II of the National Historic Preservation Act (16 U.S.C. 

12 470i et seq.)’’ and substituting ‘‘section 304101 of title 54’’. 

13 (6) Section 3306(a)(4) of title 40, United States Code, is amended 

14 by striking ‘‘section 101 of the National Historic Preservation Act (16 

15 U.S.C. 470a)’’ and substituting ‘‘chapter 3021 of title 54’’. 

16 (7) Section 14507(a)(1)(A)(ii) of title 40, United States Code, is 

17 amended by striking ‘‘the Land and Water Conservation Fund Act of 

18 1965 (16 U.S.C. 460l–4 et seq.)’’ and substituting ‘‘chapter 2003 of 

19 title 54’’. 

20 (k) TITLE 42, UNITED STATES CODE.— 

21 (1) Section 303(2) of the Water Resources Planning Act (42 U.S.C. 

22 1962c–2(2)) is amended by striking ‘‘the Land and Water Conserva23 tion Fund Act of 1965’’ and substituting ‘‘chapter 2003 of title 54, 

24 United States Code’’. 

25 (2) Section 208(2) of the Demonstration Cities and Metropolitan De26 velopment Act of 1966 (42 U.S.C. 3338(2)) is amended by striking 

27 ‘‘section 5(e) of the Land And Water Conservation Fund Act of 1965’’ 

28 and substituting ‘‘section 200305(e) of title 54, United States Code’’. 

29 (3) Section 5(c) of the Department of Housing and Urban Develop30 ment Act (42 U.S.C. 3534(c)) is amended by striking ‘‘the Land and 

31 Water Conservation Fund Act of 1965 (78 Stat. 897)’’ and sub32 stituting ‘‘chapter 2003 of title 54, United States Code,’’. 

33 (4) Section 121 of the Housing and Community Development Act of 

34 1974 (42 U.S.C. 5320) is amended— 

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

36 ‘‘(a) With respect to applications for assistance under section 5318 of this 

37 title, the Secretary of the Interior, after consulting with the Secretary, shall 

38 prescribe and implement regulations concerning projects funded under sec39 tion 5318 of this title and their relationship with division A of substitle III 

40 and chapter 3125 of title 54, United States Code.’’; 

41 and 

212 

•HR 1950 EH 

1 (B) in subsection (c), by striking ‘‘section 106 of the Act re2 ferred to in subsection (a)(1)’’ and substituting ‘‘section 306108 

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

4 (5) Section 504(c)(2) of the Americans with Disabilities Act of 1990 

5 (42 U.S.C. 12204(c)(2)) is amended by striking ‘‘the National Historic 

6 Preservation Act (16 U.S.C. 470 et seq.)’’ and substituting ‘‘division 

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

8 (6) Section 999H(c)(2) of the Energy Policy Act of 2005 Energy Re9 search, Development, Demonstration, and Commercial Application Act 

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

11 (A) in subparagraph (B), by striking ‘‘section 2(c) of the Land 

12 and Water Conservation Fund Act of 1965 (16 U.S.C. 460l–5(c))’’ 

13 and substituting ‘‘section 200302(c) of title 54, United States 

14 Code’’; and 

15 (B) in subparagraph (C), by striking ‘‘section 108 of the Na16 tional Historic Preservation Act (16 U.S.C. 470h)’’ and sub17 stituting ‘‘chapter 3031 of title 54, United States Code’’. 

18 (l) TITLE 43, UNITED STATES CODE.— 

19 (1) The second paragraph under the heading ‘‘ADMINISTRATIVE PRO20 VISIONS’’ under the heading ‘‘BUREAU OF RECLAMATION’’ (43 U.S.C. 

21 377b) is amended by striking ‘‘the Acts of August 21, 1935 (16 U.S.C. 

22 461–467) and June 27 1960 (16 U.S.C. 469)’’ and substituting ‘‘chap23 ters 3125 and 3201 of title 54, United States Code’’. 

24 (2) Section 105 of the Gulf of Mexico Energy Security Act of 2006 

25 (Public Law 109–432, div. C, title I, 43 U.S.C. 1331 note) is amend26 ed— 

27 (A) in subsection (a)(2)(B)— 

28 (i) by striking ‘‘section 6 of the Land And Water Conserva29 tion Fund Act of 1965 (16 U.S.C. 460l–8)’’ and substituting 

30 ‘‘section 200305 of title 54, United States Code’’; and 

31 (ii) by striking ‘‘section 2 of that Act (16 U.S.C. 460l–5)’’ 

32 and substituting ‘‘section 200302 of that title’’; and 

33 (B) in subsection (e)(3)(B), by striking ‘‘the Land and Water 

34 Conservation Fund Act of 1965 (16 U.S.C. 460l–4 et seq.)’’ and 

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

36 (3) Section 1401(b) of the Omnibus Budget Reconciliation Act of 

37 1981 (43 U.S.C. 1457a(b)) is amended— 

38 (A) by striking ‘‘the Land and Water Conservation Fund Act 

39 of 1965 (78 Stat; 897; 16 U.S.C. 460z)’’ and substituting ‘‘chap40 ter 2003 of title 54, United States Code’’; 

213 

•HR 1950 EH 

1 (B) by striking ‘‘the National Historic Preservation Act of 1966 

2 (80 Stat. 915; 16 U.S.C. 470)’’ and substituting ‘‘division A of 

3 subtitle III of title 54, United States Code’’; and 

4 (C) by striking ‘‘the Urban Park and Recreation Recovery Act 

5 of 1978 (92 Stat. 3538; 16 U.S.C. 2501, et seq.)’’ and sub6 stituting ‘‘chapter 2005 of title 54, United States Code’’. 

7 (4) The paragraph under the heading ‘‘NATURAL RESOURCE DAMAGE

8 ASSESSMENT AND RESTORATION FUND’’ under the heading ‘‘UNITED

9 STATES FISH AND WILDLIFE SERVICE’’ in Public Law 103–138 (43 

10 U.S.C. 1474b–1) is omitted by striking ‘‘the Act of July 27, 1990 

11 (Public Law 101–337)’’ and substituting ‘‘subchapter II of chapter 

12 1007 of title 54, United States Code,’’. 

13 (5) Section 7(e)(3) of the Colorado River Floodway Protection Act 

14 (43 U.S.C. 1600e(e)(3)) is amended by striking ‘‘the Land and Water 

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

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

17 (6) Section 202(c)(9) of the Federal Land Policy and Management 

18 Act of 1976 (43 U.S.C. 1712(c)(9)) is amended by striking ‘‘the Act 

19 of September 3, 1964 (78 Stat. 897), as amended’’ and substituting 

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

21 (7) Section 204(j) of the Federal Land Policy and Management Act 

22 of 1976 (43 U.S.C. 1714(j)) is amended by striking ‘‘the Act of June 

23 8, 1906 (34 Stat. 225; 16 U.S.C. 431–433)’’ and substituting ‘‘chapter 

24 3203 of title 54, United States Code’’. 

25 (8) Section 201(d)(3)(E) of the Consolidated Natural Resources Act 

26 of 2008 (43 U.S.C. 1786(d)(3)(E)) is amended by striking ‘‘the Na27 tional Historic Preservation Act (16 U.S.C. 470 et seq.)’’ and sub28 stituting ‘‘division A of subtitle III of title 54, United States Code,’’. 

29 (9) Section 206 of the Federal Land Transaction Facilitation Act 

30 (43 U.S.C. 2305) is amended— 

31 (A) in subsection (e), by striking ‘‘the Land and Water Con32 servation Fund Act (16 U.S.C. 460l–4 et seq.)’’ and substituting 

33 ‘‘chapter 2003 of title 54, United States Code’’; and 

34 (B) in subsection (f)(2), by striking ‘‘section 3 of the Land and 

35 Water Conservation Fund Act of 1965 (16 U.S.C. 460l–6)’’ and 

36 substituting ‘‘section 200303 of title 54, United States Code’’. 

37 (m) TITLE 45, UNITED STATES CODE.— 

38 (1) Section 1168(a) of the Omnibus Budget Reconciliation Act of 

39 1981 (45 U.S.C. 1111(a)) is amended by striking ‘‘the National His40 toric Preservation Act’’ and substituting ‘‘division A of subtitle III of 

41 title 54, United States Code’’. 

214 

•HR 1950 EH 

1 (2) Section 613(a) of the Alaska Railroad Transfer Act of 1982 (45 

2 U.S.C. 1212(a)) is amended by striking ‘‘the National Historic Preser3 vation Act (16 U.S.C. 470 et seq.)’’ and substituting ‘‘division A of 

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

5 (n) TITLE 46, UNITED STATES CODE.—Section 13102(b)(2) of title 46, 

6 United States Code, is amended by striking ‘‘the Land and Water Conserva7 tion Fund Act of 1965 (16 U.S.C. 460l–4—460–11)’’ and substituting 

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

9 (o) TITLE 48, UNITED STATES CODE.— 

10 (1) Section 105(l) of Public Law 99–239 (known as the Compact of 

11 Free Association Amendments Act of 2003) (48 U.S.C. 1905(l)) is 

12 amended by striking ‘‘the National Historic Preservation Act (80 Stat. 

13 915; 16 U.S.C. 470–470t)’’ and substituting ‘‘division A of subtitle III 

14 of title 54, United States Code’’. 

15 (2) Section 105(j) of Public Law 108–188 (known as the Compact 

16 of Free Association Act of 1985) (48 U.S.C. 1921(d)) is amended by 

17 striking ‘‘the National Historic Preservation Act (80 Stat. 915; 16 

18 U.S.C. 470–470t)’’ and substituting ‘‘division A of subtitle III of title 

19 54, United States Code’’. 

20 (p) TITLE 49, UNITED STATES CODE.—Section 303(d)(2) of title 49, 

21 United States Code, is amended by striking ‘‘section 106 of the National 

22 Historic Preservation Act (16 U.S.C. 470f)’’ and substituting ‘‘section 

23 306108 of title 54, United States Code’’. 

24 SEC. 6. TRANSITIONAL AND SAVINGS PROVISIONS. 

25 (a) DEFINITIONS.—In this section: 

26 (1) SOURCE PROVISION.—The term ‘‘source provision’’ means a pro27 vision of law that is replaced by a title 54 provision. 

28 (2) TITLE 54 PROVISION.—The term ‘‘title 54 provision’’ means a 

29 provision of title 54, United States Code, that is enacted by section 3. 

30 (b) CUTOFF DATE.—The title 54 provisions replace certain provisions of 

31 law enacted on or before January 3, 2012. If a law enacted after that date 

32 amends or repeals a source provision, that law is deemed to amend or re33 peal, as the case may be, the corresponding title 54 provision. If a law en34 acted after that date is otherwise inconsistent with a title 54 provision or 

35 a provision of this Act, that law supersedes the title 54 provision or provi36 sion of this Act to the extent of the inconsistency. 

37 (c) ORIGINAL DATE OF ENACTMENT UNCHANGED.—For purposes of de38 termining whether one provision of law supersedes another based on enact39 ment later in time, a title 54 provision is deemed to have been enacted on 

40 the date of enactment of the source provision that the title 54 provision re41 places. 

215 

•HR 1950 EH 

1 (d) REFERENCES TO TITLE 54 PROVISIONS.—A reference to a title 54 

2 provision is deemed to refer to the corresponding source provision. 

3 (e) REFERENCES TO SOURCE PROVISIONS.—A reference to a source pro4 vision, including a reference in a regulation, order, or other law, is deemed 

5 to refer to the corresponding title 54 provision. 

6 (f) REGULATIONS, ORDERS, AND OTHER ADMINISTRATIVE ACTIONS.—A 

7 regulation, order, or other administrative action in effect under a source 

8 provision continues in effect under the corresponding title 54 provision. 

9 (g) ACTIONS TAKEN AND OFFENSES COMMITTED.—An action taken or 

10 an offense committed under a source provision is deemed to have been taken 

11 or committed under the corresponding title 54 provision. 

12 SEC. 7. REPEALS. 

13 The following provisions of law are repealed, except with respect to rights 

14 and duties that matured, penalties that were incurred, or proceedings that 

15 were begun before the date of enactment of this Act: 

Schedule of Laws Repealed 

Act Section United States Code Former 

Classification 

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

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

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

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

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

Act of March 4, 1911 (ch. 238 (4th and 

last paragraphs (relating to System 

units) under heading ‘‘IMPROVEMENT

OF THE NATIONAL FOREST’’ under 

heading ‘‘FOREST SERVICE’’) ............. .................................................. 16 U.S.C. 5.

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

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

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

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

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

paragraph under heading 

‘‘NATIONAL PARKS’’).

16 U.S.C. 452.

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

under heading ‘‘NATIONAL

PARKS’’).

16 U.S.C. 6.

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

undesignated paragraph under 

heading ‘‘NATIONAL 

PARKS’’).

16 U.S.C. 452.

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

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

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

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

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

paragraph under heading 

‘‘NATIONAL PARKS’’).

16 U.S.C. 456.

1 (last undesignated paragraph 

under heading ‘‘NATIONAL 

PARKS’’).

16 U.S.C. 11.

216 

•HR 1950 EH 

Schedule of Laws Repealed—Continued 

Act Section United States Code Former 

Classification 

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

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

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

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

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

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

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

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

paragraph under heading 

‘‘NATIONAL PARK 

SERVICE’’).

16 U.S.C. 15.

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

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

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

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

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

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

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

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

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

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

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

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

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

undesignated paragraph under 

heading ‘‘NATIONAL PARK

SERVICE’’).

16 U.S.C. 9a.

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

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

paragraph under heading 

‘‘NATIONAL PARK 

SERVICE’’).

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

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

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

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

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

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

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

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

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

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

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

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

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

paragraph under heading 

‘‘NATIONAL PARK 

SERVICE’’).

16 U.S.C. 14a.

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

paragraph under heading 

‘‘NATIONAL PARK 

SERVICE’’).

16 U.S.C. 17j–1.

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

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

paragraph under heading 

‘‘NATIONAL PARK 

SERVICE’’).

16 U.S.C. 14c.

217 

•HR 1950 EH 

Schedule of Laws Repealed—Continued 

Act Section United States Code Former 

Classification 

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

(g).

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

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

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

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

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

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

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

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

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

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

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

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

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

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

relating to national 

monuments).

16 U.S.C. 431a.

1 (last sentence proviso 

relating to national parks).

16 U.S.C. 451a.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Land and Water Conservation Fund Act 

of 1965 (Pub. L. 88–578) ................... title I, § 2 ................................. 16 U.S.C. 460l–5.

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

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

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

(n).

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

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

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

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

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

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

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

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

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

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

National Historic Preservation Act (Pub. 

L. 89–665) .......................................... 2 ............................................... 16 U.S.C. 470–1.

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

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

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

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

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

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

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

218 

•HR 1950 EH 

Schedule of Laws Repealed—Continued 

Act Section United States Code Former 

Classification 

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Demonstration Cities and Metropolitan 

Development Act of 1966 (Pub. L. 

89–754) ............................................... 603 ........................................... 16 U.S.C. 470b–1.

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

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

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

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

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

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

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

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

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

11 ............................................. 16 U.S.C. 19o.

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

Volunteers in the Parks Act of 1969 

(Pub. L. 91–357) ................................ 1 ............................................... 16 U.S.C. 18g.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

219 

•HR 1950 EH 

Schedule of Laws Repealed—Continued 

Act Section United States Code Former 

Classification 

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

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

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

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

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

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

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

Urban Park and Recreation Recovery 

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

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

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

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

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

title X, § 1009 ......................... 16 U.S.C. 2308.

title X, § 1010 ......................... 16 U.S.C. 2309.

title X, § 1011 ......................... 16 U.S.C. 2310.

title X, § 1012 ......................... 16 U.S.C. 2311.

title X, § 1013 ......................... 16 U.S.C. 2312.

title X, § 1014 ......................... 16 U.S.C. 2313.

title X, § 1015 ......................... 16 U.S.C. 2314.

Public Law 96–199 ................................. title I, § 120 ............................. 16 U.S.C. 467b.

National Historic Preservation Act 

Amendments of 1980 (Pub. L. 96– 

515) ..................................................... 208 ........................................... 16 U.S.C. 469c–2.

401 ........................................... 16 U.S.C. 470a–1.

402 ........................................... 16 U.S.C. 470a–2.

Public Law. 98–473 ................................ title I, § 101(c) [title I, § 100] 16 U.S.C. 1e.

Public Law 98–540 ................................. 4(a) .......................................... 16 U.S.C. 1a–8(a).

International Security and Development 

Cooperation Act of 1985 (Pub. L. 99– 

83) ....................................................... 1303 ......................................... 16 U.S.C. 469j.

Public Law 101–337 ............................... 1 ............................................... 19jj.

2 ............................................... 19jj–1.

3 ............................................... 19jj–2.

4 ............................................... 19jj–3.

5 ............................................... 19jj–4.

Public Law 101–628 ............................... title XII, § 1213 ...................... 16 U.S.C. 1a–9.

title XII, § 1214 ...................... 16 U.S.C. 1a–10.

title XII, § 1215 ...................... 16 U.S.C. 1a–11.

title XII, § 1216 ...................... 16 U.S.C. 1a–12.

title XII, § 1217 ...................... 16 U.S.C. 1a–13.

Department of the Interior and Related 

Agencies Appropriations Act, 1993 

(Pub. L. 102–381) .............................. title I (1st proviso in 

paragraph under heading 

‘‘ADMINISTRATIVE

PROVISIONS’’ under heading 

‘‘NATIONAL PARK SERVICE’’).

16 U.S.C. 14d.

Public Law 102–525 ............................... title III, § 301 .......................... 16 U.S.C. 1a–14.

Department of the Interior and Related 

Agencies Appropriations Act, 1994 

(Pub. L. 103–138) .............................. title I (3d proviso in paragraph 

under heading 

‘‘ADMINISTRATIVE

PROVISIONS’’ under heading 

‘‘NATIONAL PARK SERVICE’’).

16 U.S.C. 3a.

National Maritime Heritage Act of 1994 

(Pub. L. 103–451) .............................. 3 ............................................... 16 U.S.C. 5402.

4 ............................................... 16 U.S.C. 5403.

5 ............................................... 16 U.S.C. 5404.

6 ............................................... 16 U.S.C. 5405.

7 ............................................... 16 U.S.C. 5406.

220 

•HR 1950 EH 

Schedule of Laws Repealed—Continued 

Act Section United States Code Former 

Classification 

8 ............................................... 16 U.S.C. 5407.

9 ............................................... 16 U.S.C. 5408.

Omnibus Consolidated Appropriations 

Act, 1997 (Pub. L. 104–208) ............. div. A, title I, § 101(d) [title I 

(3d undesignated paragraph 

under heading 

‘‘ADMINISTRATIVE

PROVISIONS’’ under heading 

‘‘NATIONAL PARK SERVICE’’)].

16 U.S.C. 1g.

Omnibus Parks and Public Lands Management Act of 1996 (Pub. L. 104– 

333) ..................................................... div. I, title VI, § 604 ............... 16 U.S.C. 469k.

div. I, title VIII, § 814(a)(2) 

through (19).

16 U.S.C. 17o(2) through (19).

div. I, title VIII, § 814(g) ........ 16 U.S.C. 1f.

National Underground Railroad Network 

to Freedom Act of 1998 (Pub. L. 

105–203) ............................................. 3 ............................................... 16 U.S.C. 469l–1.

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

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

Strom Thurmond National Defense Authorization Act for Fiscal Year 1999 

(Pub. L. 105–261) .............................. div. A, title X, § 1068 .............. 16 U.S.C. 5409.

National Parks Omnibus Management 

Act of 1998 (Pub. L. 105–391) .......... 2 ............................................... 16 U.S.C. 5901.

101 ........................................... 16 U.S.C. 5911.

102 ........................................... 16 U.S.C. 5912.

103 ........................................... 16 U.S.C. 5913.

104 ........................................... 16 U.S.C. 5914.

201 ........................................... 16 U.S.C. 5931.

202 ........................................... 16 U.S.C. 5932.

203 ........................................... 16 U.S.C. 5933.

204 ........................................... 16 U.S.C. 5934.

205 ........................................... 16 U.S.C. 5935.

206 ........................................... 16 U.S.C. 5936.

207 ........................................... 16 U.S.C. 5937.

402 ........................................... 16 U.S.C. 5951.

403 ........................................... 16 U.S.C. 5952.

404 ........................................... 16 U.S.C. 5953.

405 ........................................... 16 U.S.C. 5954.

406 ........................................... 16 U.S.C. 5955.

407 ........................................... 16 U.S.C. 5956.

408 ........................................... 16 U.S.C. 5957.

409 ........................................... 16 U.S.C. 5958.

410 ........................................... 16 U.S.C. 5959.

411 ........................................... 16 U.S.C. 5960.

412 ........................................... 16 U.S.C. 5961.

413 ........................................... 16 U.S C. 5962.

414 ........................................... 16 U.S.C. 5963.

416 ........................................... 16 U.S.C. 5964.

417 ........................................... 16 U.S.C. 5965.

418 ........................................... 16 U.S.C. 5966.

501 ........................................... 16 U.S.C. 5981.

801 ........................................... 16 U.S.C. 6011.

Public Law 106–206 ............................... 1 (relating to National Park 

System).

16 U.S.C. 460l–6d (relating to 

National Park System).

Department of the Interior and Related 

Agencies Appropriations Act, 2002 

(Pub. L. 107–63) ................................ title I (paragraph under 

heading ‘‘CONTRIBUTION FOR

ANNUITY BENEFITS’’ under 

heading ‘‘NATIONAL PARK

SERVICE’’).

16 U.S.C. 14e.

Consolidated Appropriations Resolution, 

2003 (Pub. L. 108–7) ......................... div. F, title I (words before 

proviso in last undesignated 

paragraph under heading 

‘‘ADMINISTRATIVE

PROVISIONS’’ under heading 

‘‘NATIONAL PARK SERVICE’’).

16 U.S.C. 1h.

221 

•HR 1950 EH 

Schedule of Laws Repealed—Continued 

Act Section United States Code Former 

Classification 

div. F, title I (proviso in last 

undesignated paragraph under 

heading ‘‘ADMINISTRATIVE

PROVISIONS’’ under heading 

‘‘NATIONAL PARK SERVICE’’).

16 U.S.C. 1i.

Consolidated Appropriations Act of 2008 

(Pub. L. 110–161) .............................. div. F, title I (1st paragraph 

under heading 

‘‘ADMINISTRATIVE

PROVISIONS’’ under heading 

‘‘NATIONAL PARK SERVICE’’).

16 U.S.C. 5954 note.

Consolidated Natural Resources Act of 

2008 (Pub. L. 110–229) ..................... title III, subtitle A, § 301 ........ 16 U.S.C. 1j.

Omnibus Public Land Management Act 

of 2009 (Pub. L. 111–11) ................... title VII, subtitle B, § 7111(b) 16 U.S.C. 469m(b).

title VII, subtitle B, § 7111(c) 16 U.S.C. 469m(c).

title VII, subtitle D, § 7301(b), 

(c).

16 U.S.C. 469k–1)(b), (c).

title VII, subtitle D, § 7302(b) 

through (f).

16 U.S.C. 469n(b) through (f).

title VII, subtitle D, § 7303 .... 16 U.S.C. 469o.

Credit Card Accountability Responsibility and Disclosure Act of 2009 

(Pub. L. 111–24) ................................ title V, § 512 (relating to 

National Park System).

16 U.S.C. 1a–7b (relating to 

National Park System).

Passed the House of Representatives August 1, 

2012. 

Attest: 

Clerk. 

112TH CONGRESS 

2D SESSION H. R. 1950 

AN ACT 

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

Park System’’, as positive law.