I 

111TH CONGRESS 

2D SESSION H. R. 6161 

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

law. 

IN THE HOUSE OF REPRESENTATIVES 

SEPTEMBER 22, 2010 

Mr. CONYERS (for himself and Mr. SMITH of Texas) introduced the following 

bill; which was referred to the Committee on the Judiciary 

A BILL 

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

System’’, as positive law. 

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

2 States of America in Congress assembled, 

3 SECTION 1. TABLE OF CONTENTS. 

4 The table of contents for this Act is as follows: 

Sec. 1. Table of contents. 

Sec. 2. Purpose; conformity with original intent. 

Sec. 3. Enactment of title 54, United States Code. 

Sec. 4. Conforming amendments. 

Sec. 5. Conforming cross-references. 

Sec. 6. Transitional and savings provisions. 

Sec. 7. Repeals. 

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

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

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

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

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

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

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

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

3 285b(1)). 

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

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

TITLE 54—NATIONAL PARK SYSTEM 

Subtitle I—National Park Service 

DIVISION A—ESTABLISHMENT AND GENERAL 

ADMINISTRATION 

Chap. Sec. 

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

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

1005. Planning and Development ............................................................................... 100501 

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

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

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

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

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

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

1019. Concessions ....................................................................................................... 101901 

1021. Privileges, Rentals, Leases, and Permits ......................................................... 102101 

1023. System Unit Resource Protection .................................................................... 102301 

1025. Volunteers in Parks Programs ......................................................................... 102501 

1027. Museums ........................................................................................................... 102701 

1029. Law Enforcement and Emergency Assistance ................................................. 102901 

1031. Mining Activity Within System Units .............................................................. 103101 

1033. Land Transfers ................................................................................................. 103301 

1035. Appropriations and Accounting ........................................................................ 103501 

1037. National Military Parks .................................................................................... 103701 

1039. Miscellaneous .................................................................................................... 103901 

DIVISION B—OUTDOOR RECREATION PROGRAMS 

1051. Coordination of Programs ................................................................................ 105101 

1053. Land and Water Conservation Fund ................................................................ 105301 


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1055. Urban Park and Recreation Recovery Program .............................................. 105501 

DIVISION C—SYSTEM UNITS AND RELATED AREAS 

[RESERVED] 

Subtitle II—Historic Sites, Buildings, 

Objects, and Antiquities 

DIVISION A—GENERAL PROVISIONS 

2001. Policy and Administrative Provisions ............................................................... 200101 

2003. Definitions ........................................................................................................ 200301

DIVISION B—HISTORIC PRESERVATION 

Subdivision 1—General Provisions 

2011. Findings, Policy, and Definitions ..................................................................... 201101 

Subdivision 2—Historic Preservation Program 

2021. Definitions ........................................................................................................ 202101

2023. National Register of Historic Places ................................................................ 202301 

2025. State Historic Preservation Programs ............................................................. 202501 

2027. Certification of Local Governments .................................................................. 202701 

2029. Historic Properties of Indian Tribes ................................................................ 202901 

2031. Grants ............................................................................................................... 203101 

Subdivision 3—Other Organizations and Programs 

2041. Advisory Council on Historic Preservation ....................................................... 204101 

2043. Historic Light Station Preservation ................................................................. 204301 

2045. National Center for Preservation Technology and Training ............................ 204501 

Subdivision 4—Federal Responsibilities 

2051. Historic Properties ........................................................................................... 205101 

2053. Undertakings .................................................................................................... 205301 

2055. Financing .......................................................................................................... 205501

Subdivision 5—Miscellaneous 

2061. Miscellaneous .................................................................................................... 206101 

DIVISION C—ORGANIZATIONS AND PROGRAMS 

2071. National Trust for Historic Preservation in the United States ....................... 207101 

2073. Commission for the Preservation of America’s Heritage Abroad .................... 207301 

2075. American Battlefield Protection Program ........................................................ 207501 


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2077. National Underground Railroad Network to Freedom .................................... 207701 

2079. National Women’s Rights History Project ....................................................... 207901 

2081. Preservation of Historical and Archaeological Data ........................................ 208101 

2083. National Maritime Heritage ............................................................................. 208301 

2085. Preserve America Program ............................................................................... 208501 

2087. Save America’s Treasures Program ................................................................. 208701 

2089. Commemoration of Former Presidents ............................................................ 208901 

DIVISION D—AMERICAN ANTIQUITIES 

2201. Monuments, Ruins, Sites, and Objects of Antiquity ........................................ 220101 

1 Subtitle I—National Park Service 

2 DIVISION A—ESTABLISHMENT AND GENERAL 

3 ADMINISTRATION 

4 CHAPTER 1001—GENERAL PROVISIONS 

Sec. 

100101. Findings and purpose. 

100102. Definitions. 

5 § 100101. Findings and purpose 

6 (a) FINDINGS.—Congress declares that— 

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

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

10 the United States and its territories and possessions; 

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

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

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

15 dignity and recognition of their superb environmental quality through 

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

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

18 States; and 

19 (4) it is the purpose of this section and sections 100501 and 100911 

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

21 authorities applicable to the System. 

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

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

24 established by section 100301(b) of this title, to the common benefit of all 

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

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


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

3 and specifically provided by Congress. 

4 § 100102. Definitions 

5 In this title: 

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

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

9 Interior. 

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

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

13 water described in section 100501 of this title. 

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

15 described in section 100501 of this title. 

16 CHAPTER 1003—ESTABLISHMENT, DIRECTORS, AND 

17 OTHER EMPLOYEES 

Sec. 

100301. Establishment and purpose. 

100302. Directors and other employees. 

100303. Effect on other laws. 

18 § 100301. Establishment and purpose 

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

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

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

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

26 them unimpaired for the enjoyment of future generations. 

27 § 100302. Directors and other employees 

28 (a) DIRECTOR.— 

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

31 and consent of the Senate. 

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

34 cultural resource conservation. 

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

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

37 In the supervision, management, and control of System units contigVerDate Mar 15 2010 21:07 Sep 23, 2010 Jkt 089200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6221 E:\BILLS\H6161.IH H6161

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1 uous to national forests the Secretary of Agriculture may cooperate 

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

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

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

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

6 assigned to the Service. 

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

9 § 100303. Effect on other laws 

10 This chapter and sections 100901(a), 100906, 102101, and 102102 of 

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

12 79). 

13 CHAPTER 1005—PLANNING AND DEVELOPMENT 

Sec. 

100501. Areas included in System. 

100502. Study and planning of park, parkway, and recreational-area facilities. 

100503. System development program. 

100504. Periodic review of System. 

100505. Boundary changes of System units. 

100506. Additional areas for System. 

14 § 100501. Areas included in System 

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

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

18 § 100502. Study and planning of park, parkway, and rec19 reational-area facilities 

20 (a) IN GENERAL.— 

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

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

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

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

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

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

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

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

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

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

34 the people of the United States. 

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

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

37 Secretary, through the Service— 


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

3 to the United States; and 

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

6 (i) other Federal agencies and instrumentalities; and 

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

8 and instrumentalities of either of them. 

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

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

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

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

16 of States as the Secretary considers best. 

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

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

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

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

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

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

24 § 100503. System development program 

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

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

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

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

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

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

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

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

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

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

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

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

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


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1 § 100504. Periodic review of System 

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

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

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

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

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

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

9 the Secretary determines to be necessary. 

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

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

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

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

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

17 of land within the exterior boundaries of each System unit as of No18 vember 28, 1990. 

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

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

21 ownership of each parcel, the estimated cost of acquisition for each par22 cel (subject to any statutory acquisition limitations for the land), and 

23 the basis for the estimate. 

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

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

27 an estimate of the costs. 

28 § 100505. Boundary changes of System units 

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

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

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

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

34 scenic and recreational resources integral to the System unit; 

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

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

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

38 taking into consideration the factors in section 100504(c)(3) of this 

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

40 surrounding area. 


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

2 System unit, the Secretary shall— 

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

4 surrounding communities, affected landowners, and private national, 

5 regional, and local organizations; 

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

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

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

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

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

13 and for the System. 

14 § 100506. Additional areas for System 

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

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

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

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

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

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

26 the System. 

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

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

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

33 (C) public petitions and Congressional resolutions. 

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

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

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

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

39 report submission one year earlier. 


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

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

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

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

5 This section and sections 100902(1), 101702(b) and (c), and 102103 

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

9 for administrative designations, update previous studies, or complete 

10 reconnaissance surveys of individual areas requiring a total expenditure 

11 of less than $25,000. 

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

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

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

15 and scenic rivers system; or 

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

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

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

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

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

21 funds are first made available for that purpose. 

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

23 study under this section shall be prepared with appropriate opportunity 

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

26 potentially affected landowners and State and local governments. 

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

28 consider whether the area under study— 

29 (A) possesses nationally significant natural or cultural resources 

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

31 resource type in the country; and 

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

33 (4) SCOPE OF STUDY.—Each study— 

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

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

36 (ii) the threats to those resources; 

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

38 System or in other public or private ownership; 

39 (iv) the public use potential; 

40 (v) the interpretive and educational potential; 


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

3 (vii) the socioeconomic impacts of any designation; 

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

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

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

9 appropriate for the area; 

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

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

13 for public enjoyment; and 

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

16 (5) COMPLIANCE WITH NATIONAL ENVIRONMENTAL POLICY ACT OF

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

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

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

20 letter transmitting each completed study to Congress shall contain a 

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

23 (d) LIST OF AREAS PREVIOUSLY STUDIED.— 

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

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

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

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

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

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

35 factors listed in subsection (c). 

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

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

38 accurate. 

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

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


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

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

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

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

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

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

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

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

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

16 this section. 

17 (h) AUTHORIZATION OF APPROPRIATIONS.— 

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

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

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

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

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

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

27 for each fiscal year. 

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

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

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

31 CHAPTER 1007—MANAGEMENT 

Subchapter I—Maintenance 

Sec. 

100701. Maintenance management system. 

Subchapter II—Service Career Development, Training, and Management 

100711. Protection, interpretation, and research in System. 

100712. Service employee training. 

100713. Management development and training. 

100714. System unit accountability and budgets. 

Subchapter III—System Resource Inventory and Management 

100721. Purposes. 

100722. Research mandate. 

100723. Cooperative agreements. 

100724. Inventory and monitoring program. 

100725. Availability of System units for scientific study. 


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100726. Integration of study results into management decisions. 

100727. Confidentiality of information. 

1 Subchapter I—Maintenance 

2 § 100701. Maintenance management system 

3 The Service shall implement a maintenance management system in the 

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

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

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

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

9 type of maintenance work performed. 

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

11 in each System unit. 

12 (3) A description of work standards including— 

13 (A) frequency of maintenance; 

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

15 maintained; 

16 (C) methods for accomplishing work; 

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

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

19 (4) A work program and performance budget that develops an an20 nual work plan identifying maintenance needs and financial resources 

21 to be devoted to each maintenance task. 

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

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

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

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

26 costs. 

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

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

30 Subchapter II—Service Career Development, Training, and 

31 Management 

32 § 100711. Protection, interpretation, and research in System 

33 Recognizing the ever increasing societal pressures being placed upon 

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

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

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

37 on, the resources of the System. 

38 § 100712. Service employee training 

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


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

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

3 the resources of the System. 

4 § 100713. Management development and training 

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

6 development under which career professional Service employees from any 

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

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

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

10 unit. 

11 § 100714. System unit accountability and budgets 

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

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

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

16 to section 306 of title 5. 

17 (b) ANNUAL BUDGET.— 

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

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

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

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

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

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

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

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

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

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

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

32 and entrance fees. 

33 Subchapter III—System Resource Inventory and 

34 Management 

35 § 100721. Purposes 

36 The purposes of this subchapter are— 

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

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

39 providing clear authority and direction for the conduct of scientific 

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


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

2 the System; 

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

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

5 study is consistent with chapter 1003 and sections 100901(a), 100906, 

6 102101, and 102102 of this title; and 

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

8 derived from studies in the System. 

9 § 100722. 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 § 100723. Cooperative agreements 

14 The Secretary shall enter into cooperative agreements with colleges and 

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

16 and State agencies, to establish cooperative study units to conduct multi17 disciplinary research and develop integrated information products on the re18 sources of the System, or the larger region of which System units are a 

19 part. 

20 § 100724. 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 § 100725. Availability of System units for scientific study 

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

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

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

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

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

36 System unit resources or public enjoyment derived from System unit 

37 resources. 

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

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

40 under this section. 


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

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

4 § 100726. Integration of study results into management deci5 sions 

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

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

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

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

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

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

14 § 100727. Confidentiality of information 

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

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

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

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

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

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

25 and 

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

27 or object. 

28 CHAPTER 1009—ADMINISTRATION 

Sec. 

100901. Regulations. 

100902. Authority of Secretary to carry out certain activities. 

100903. Central warehouses at System units. 

100904. Services or other accommodations for public. 

100905. Care, removal, and burial of indigents. 

100906. Destruction of animals and plant life. 

100907. Hire of work animals, vehicles, and equipment with or without personal services. 

100908. Preparation of mats for reproduction of photographs. 

100909. Advisory committees. 

100910. Relinquishment of legislative jurisdiction. 

100911. Applicability of other laws. 

29 § 100901. Regulations 

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

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

32 the use and management of System units. 


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

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

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

4 prescribe and enforce regulations concerning boating and other activities on 

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

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

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

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

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

10 § 100902. Authority of Secretary to carry out certain activi11 ties 

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

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

14 out the following activities: 

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

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

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

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

19 jeopardize or unduly interfere with the primary natural or historic re20 source of the System unit, if the person, State, or political subdivi21 sion— 

22 (A) provides public accommodations or services within the im23 mediate vicinity of the System unit to individuals visiting the Sys24 tem unit; and 

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

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

27 resources, or water. 

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

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

30 passenger motor vehicles used by the Service, where assigned duties ne31 cessitate long periods in automobiles or in regions of the United States 

32 where high temperatures and humidity are common and prolonged. 

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

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

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

36 provide service in the System unit. 

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

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

39 equipment, to persons and agencies that, in cooperation with and sub40 ject to the approval of the Secretary, render services or perform func41 tions that facilitate or supplement the activities of the Department of 


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

2 may be credited to the appropriation current at the time reimburse3 ments are received. 

4 (5) CONTRACTS FOR UTILITY FACILITIES.—The Secretary may con5 tract, under terms and conditions that the Secretary considers to be 

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

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

8 telephone lines and other utility facilities used for the administration 

9 and protection of the System, regardless of whether the lines and facili10 ties are located within or outside the System. 

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

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

13 and maintain roads within the authorized boundaries of any Sys14 tem unit; and 

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

16 when— 

17 (i) considered necessary by the Secretary— 

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

19 or 

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

21 private road access connections; or 

22 (ii) the acquisition of adjacent residual tracts, which other23 wise would remain after acquiring the rights-of-way, would be 

24 in the public interest. 

25 (7) OPERATION AND MAINTENANCE OF MOTOR AND OTHER EQUIP26 MENT.— 

27 (A) IN GENERAL.—The Secretary may operate, repair, main28 tain, and replace motor and other equipment on a reimbursable 

29 basis when the equipment is used on Federal projects of the Sys30 tem, chargeable to other appropriations, or on work of other Fed31 eral agencies, when requested by the agencies. 

32 (B) REIMBURSEMENT.—Reimbursement shall be— 

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

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

35 Secretary, based on actual or estimated cost of operation, re36 pair, maintenance, depreciation, and equipment management 

37 control; and 

38 (ii) credited to appropriations currently available at the 

39 time adjustment is effected. 

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

41 The Secretary may rent equipment for fire control purposes to 


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1 State, county, private, or other non-Federal agencies that cooper2 ate with the Secretary in the administration of the System and 

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

4 of written cooperative agreements. The amount collected for the 

5 rentals shall be credited to appropriations currently available at 

6 the time payment is received. 

7 § 100903. Central warehouses at System units 

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

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

10 (b) APPROPRIATIONS.— 

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

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

13 available for the purchase of supplies and materials to be kept in cen14 tral warehouses for distribution at cost, including transportation and 

15 handling, to projects under specific appropriations. 

16 (2) TRANSFERS BETWEEN APPROPRIATIONS.— 

17 (A) AUTHORIZATION.—Transfers between the various appro18 priations made for System units are authorized for the purpose of 

19 charging the cost of supplies and materials, including transpor20 tation and handling, drawn from central warehouses maintained 

21 under this authority to the particular appropriation benefited. 

22 (B) AVAILABILITY OF SUPPLIES AND MATERIALS AND TRANS23 FERS IN SUBSEQUENT YEARS.—Supplies and materials that re24 main at the end of any fiscal year shall be continuously available 

25 for issuance during subsequent fiscal years and shall be charged 

26 for by transfers of funds between appropriations made for the ad27 ministration, protection, maintenance, and improvement of System 

28 units for the fiscal year then current without decreasing the ap29 propriations made for that fiscal year. 

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

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

32 the value of storehouse stock beyond reasonable requirements for any cur33 rent fiscal year. 

34 § 100904. Services or other accommodations for public 

35 The Secretary may contract for services or other accommodations pro36 vided in System units for the public under contract with the Department 

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

38 rates approved by the Secretary for the furnishing of those services or ac39 commodations to the Federal Government and without compliance with sec40 tion 3709 of the Revised Statutes (41 U.S.C. 5). 


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1 § 100905. Care, removal, and burial of indigents 

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

3 expenses of System units, for the temporary care and removal from a Sys4 tem unit of indigents, and in case of death to provide for their burial in 

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

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

7 more than 50 miles from the System unit. 

8 § 100906. Destruction of animals and plant life 

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

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

11 § 100907. Hire of work animals, vehicles, and equipment 

12 with or without personal services 

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

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

15 be approved by the Secretary and without compliance with section 3709 of 

16 the Revised Statutes. 

17 § 100908. Preparation of mats for reproduction of photo18 graphs 

19 The Secretary shall have prepared mats that may be used for the repro20 duction in magazines and newspapers of photographs of scenery in a System 

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

22 of the United States and foreign nations. The mats may be furnished, with23 out charge and under regulations the Secretary may prescribe, to the pub24 lishers of magazines, newspapers, and any other publications that may carry 

25 photographic reproductions. 

26 § 100909. Advisory committees 

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

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

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

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

31 (b) CHARTER EXCEPTION.—Section 14(b) of the Federal Advisory Com32 mittee Act (5 U.S.C. App.) is waived with respect to any advisory commis33 sion or advisory committee established by law in connection with any Sys34 tem unit during the period for which the commission or committee is au35 thorized by law. 

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

37 advisory committee established in connection with any System unit may 

38 serve after the expiration of the member’s term until a successor is ap39 pointed. 

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

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


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

2 authorized by section 5703 of title 5. 

3 § 100910. Relinquishment of legislative jurisdiction 

4 (a) IN GENERAL.—Notwithstanding any other provision of law, the Sec5 retary may relinquish to a State or a territory or possession of the United 

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

7 land or interests in land in that State, territory, or possession. Relinquish8 ment may be accomplished— 

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

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

11 or 

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

13 provide. 

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

15 a relinquishment under subsection (a), the Secretary shall submit the pro16 posed agreement to the Committee on Energy and Natural Resources of the 

17 Senate and the Committee on Natural Resources of the House of Represent18 atives. The Secretary shall not finalize the agreement until 60 calendar days 

19 after the submission has elapsed. 

20 (c) CONCURRENT LEGISLATIVE JURISDICTION.—The Secretary shall dili21 gently pursue the consummation of arrangements with each State, territory, 

22 or possession within which a System unit is located so that insofar as prac23 ticable the United States shall exercise concurrent legislative jurisdiction 

24 within System units. 

25 § 100911. Applicability of other laws 

26 (a) IN GENERAL.—This section and sections 100501, 100902(3) to (7), 

27 101301(1)(B), 101901(2), and 102911 of this title, and the various authori28 ties relating to the administration and protection of System units, including 

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

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

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

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

33 (b) APPLICABLE PROVISIONS.—The provisions of law referred to in sub34 section (a) are— 

35 (1) chapter 1003, sections 100901(a), 100904 to 100906, 101101, 

36 101102, 101511, 102101, 102102, 102912, and 103301, and chapter 

37 1053 of this title; 

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

39 (3) chapter 2001 of this title. 

40 CHAPTER 1011—DONATIONS 

Subchapter I—Authority of Secretary 

Sec. 


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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. Purposes 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. 

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 such amounts as are necessary to match 

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

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

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

23 Subchapter II—National Park Foundation 

24 § 101111. Purpose and establishment of Foundation 

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

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

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

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

29 or recreational resources for future generations of Americans, there is estab30 lished a charitable and nonprofit corporation to be known as the National 

31 Park Foundation to accept and administer those gifts. 


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1 § 101112. Board 

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

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

4 fewer than 6 private citizens of the United States appointed by the Sec5 retary. 

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

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

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

9 only for the remainder of that term. 

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

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

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

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

14 States. 

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

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

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

18 which shall be judicially noticed. 

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

20 there shall be at least one meeting each year. 

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

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

23 shall be reimbursed for actual and necessary traveling and subsistence ex24 penses incurred by them in the performance of their duties as members out 

25 of National Park Foundation funds available to the Board for those pur26 poses. 

27 § 101113. Gifts, devises, or bequests 

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

29 (1) IN GENERAL.—The National Park Foundation may accept, re30 ceive, solicit, hold, administer, and use any gifts, devises, or bequests, 

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

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

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

34 (2) GIFT, DEVISE, OR BEQUEST THAT IS ENCUMBERED, RE35 STRICTED, OR SUBJECT TO BENEFICIAL INTERESTS.—A gift, devise, or 

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

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

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

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


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

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

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

4 (c) INTEREST IN REAL PROPERTY.—For purposes of this section, an in5 terest in real property includes easements or other rights for preservation, 

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

7 scenic, historic, scientific, educational, inspirational, or recreational re8 sources. 

9 § 101114. Disposition of property or income 

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

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

12 Park Foundation may sell, lease, invest, reinvest, retain, or otherwise dis13 pose of or deal with any property or income from the property as the Board 

14 may determine. 

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

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

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

18 make any investment authorized by the instrument of transfer, and may re19 tain any property accepted by the Foundation. 

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

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

22 services and facilities of the Department of the Interior and the Department 

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

24 to the extent practicable with or without reimbursement. Amounts reim25 bursed to either Department shall be returned by the Department to the 

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

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

28 for which the account is authorized. 

29 § 101115. Corporate succession and powers and duties act30 ing as trustee; personal liability for malfeasance 

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

32 perpetual succession. 

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

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

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

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

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

38 § 101116. Corporate powers 

39 The National Park Foundation shall have the power to enter into con40 tracts, to execute instruments, and generally to do any and all lawful acts 

41 necessary or appropriate to its purposes. 


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1 § 101117. Authority of Board 

2 In carrying out this chapter, the Board may— 

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

4 its functions; and 

5 (2) contract for any necessary services. 

6 § 101118. Tax exemptions; contributions toward costs of 

7 local government; contributions, gifts, or transfers 

8 to or for use of United States 

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

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

11 income or property, shall be exempt from all Federal, State, and local tax12 ation. 

13 (b) CONTRIBUTIONS IN LIEU OF TAXES.—The National Park Founda14 tion, in the discretion of its directors, may— 

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

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

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

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

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

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

21 of the transfer. 

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

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

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

25 to or for the use of the United States. 

26 § 101119. Liability of United States 

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

28 omissions of the National Park Foundation. 

29 § 101120. Promotion of local fundraising support 

30 (a) PROGRAM.—The National Park Foundation shall design and imple31 ment a comprehensive program to assist and promote philanthropic pro32 grams of support at the individual System unit level. 

33 (b) IMPLEMENTATION.—The program under subsection (a) shall be im34 plemented to— 

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

36 and 

37 (2) provide support, national consistency, and management-improv38 ing suggestions for local nonprofit support organizations. 

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

40 (1) shall include the greatest number of System units as is prac41 ticable; and 


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1 (2) at a minimum shall include— 

2 (A) a standard adaptable organizational design format to estab3 lish and sustain responsible management of a local nonprofit sup4 port organization for support of a System unit; 

5 (B) standard and legally tenable bylaws and recommended 

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

7 to individual System units; and 

8 (C) a standard training curriculum to orient and expand the op9 erating expertise of personnel employed by local nonprofit support 

10 organizations. 

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

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

13 Foundation. 

14 (e) AFFILIATIONS.— 

15 (1) CHARTER OR CORPORATE BYLAWS.—Nothing in this section re16 quires— 

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

18 current practices or to affiliate with the National Park Founda19 tion; or 

20 (B) a local nonprofit support organization, established as a re21 sult of this section, to be bound through its charter or corporate 

22 bylaws to be permanently affiliated with the National Park Foun23 dation. 

24 (2) ESTABLISHMENT.—An affiliation with the National Park Foun25 dation shall be established only at the discretion of the governing board 

26 of a nonprofit organization. 

27 CHAPTER 1013—EMPLOYEES 

Subchapter I—General Provisions 

Sec. 

101301. Authority of Secretary to carry out certain activities. 

101302. Medical attention for employees. 

101303. Personal equipment and property. 

101304. Travel expenses of System employees and dependents of deceased employees. 

101305. Uniform allowance. 

Subchapter II—Housing Improvement 

101311. Purposes. 

101312. Definitions. 

101313. General authority of Secretary. 

101314. Criteria for providing housing. 

101315. Authorization for housing agreements. 

101316. Housing programs. 

101317. Contracts for the management of field employee quarters. 

101318. Leasing of seasonal employee quarters. 

101319. General leasing provisions. 

101320. Assessment and priority listing. 

101321. Use of funds. 


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1 Subchapter I—General Provisions 

2 § 101301. Authority of Secretary to carry out certain activi3 ties 

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

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

6 out the following activities: 

7 (1) TRANSPORTATION.— 

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

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

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

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

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

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

18 employees of Carlsbad Caverns National Park, residing in or 

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

23 transportation companies in the locality for similar services. 

24 (ii) AMOUNTS COLLECTED TO BE CREDITED TO CURRENT

25 APPROPRIATION.—Amounts collected for the transportation 

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

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

29 adequate transportation facilities are available, or shall be 

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

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

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

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

35 System. 

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

37 purchase field and special purpose equipment required by employees for 

38 the performance of assigned functions. The purchased equipment shall 

39 be regarded and listed as System equipment. 

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

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


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

2 Secretary may designate, serving temporarily on extended special duty 

3 in System units. For this purpose the Secretary may use funds appro4 priated for the expenses of the Department of the Interior. 

5 § 101302. Medical attention for employees 

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

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

8 necessary payroll deductions agreed to by the employees for that medical at9 tention and service. 

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

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

12 System units, medical attention for employees of the Service located at iso13 lated situations, including— 

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

15 assistance is available; and 

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

17 the nearest place where they can be prepared for shipment or for bur18 ial. 

19 § 101303. Personal equipment and property 

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

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

22 and make deductions for the equipment and supplies from amounts appro23 priated for salary payments or otherwise due the employees. 

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

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

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

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

28 authorization, contract, or loan, for necessary firefighting, trail, or other of29 ficial business. Reimbursement shall be made from any available funds in 

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

31 chargeable. 

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

33 The Secretary may— 

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

35 and other vehicles, and miscellaneous equipment necessary for the per36 formance of their official work; and 

37 (2) provide, at Federal Government expense, forage, care, and hous38 ing for animals, and housing or storage and fuel for vehicles and other 

39 equipment required to be furnished. 

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

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1 al, or purchase of property from employees of the Service whenever it would 

2 promote the public interest to do so. 

3 § 101304. Travel expenses of System employees and depend4 ents of deceased employees 

5 In the administration of the System, the Secretary may, under regula6 tions the Secretary may prescribe, pay the travel expenses (including the 

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

8 property) of— 

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

10 (2) dependents of deceased employees— 

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

12 standard not less than that which is vacated, including compensa13 tion for not to exceed 60 days rental cost, in the case of an em14 ployee who occupied Federal Government housing and whose death 

15 requires the housing to be promptly vacated; and 

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

17 in the case of an employee whose last permanent station was out18 side the conterminous 48 States. 

19 § 101305. Uniform allowance 

20 Notwithstanding section 5901(a) of title 5, the uniform allowance for uni21 formed employees of the Service may be up to $400 annually. 

22 Subchapter II—Housing Improvement 

23 § 101311. Purposes 

24 The purposes of this subchapter are— 

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

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

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

28 of essential Federal Government housing; 

29 (3) to rely on the private sector to finance or supply housing in car30 rying out this subchapter, to the maximum extent possible, to reduce 

31 the need for Federal appropriations; 

32 (4) to ensure that adequate funds are available to provide for long33 term maintenance needs of field employee housing; and 

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

35 such housing as is required in a manner so that primary resource val36 ues are not impaired. 

37 § 101312. Definitions 

38 In this subchapter: 

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


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

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

3 the employee’s family; and 

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

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

6 there is no feasible alternative to the provision of Federal Govern7 ment housing, and the members of the individual’s family. 

8 (2) PRIMARY RESOURCE VALUES.—The term ‘‘primary resource val9 ues’’ means resources that are specifically mentioned in the enabling 

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

11 Federal statute. 

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

13 leased by the Federal Government. 

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

15 quarters typically occupied by field employees who are hired on assign16 ments of 6 months or less. 

17 § 101313. General authority of Secretary 

18 (a) RENTAL HOUSING.—To enhance the ability of the Secretary to effec19 tively manage System units, the Secretary may where necessary and justi20 fied— 

21 (1) make available employee housing, on or off land under the ad22 ministrative jurisdiction of the Service; and 

23 (2) rent that housing to field employees at rates based on the reason24 able value of the housing in accordance with requirements applicable 

25 under section 5911 of title 5. 

26 (b) JOINT DEVELOPMENT AUTHORITY.—The Secretary may use authori27 ties granted by statute in combination with one another in the furtherance 

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

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

30 may not utilize any land for the purposes of providing field employee hous31 ing under this subchapter that will affect a primary resource value of the 

32 area or adversely affect the mission of the Service. 

33 (d) RENTAL RATES.—To the extent practicable, the Secretary shall estab34 lish rental rates for all quarters occupied by field employees of the Service 

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

36 requirements applicable under section 5911 of title 5. 

37 § 101314. Criteria for providing housing 

38 The Secretary shall maintain criteria under which housing is provided to 

39 employees of the Service. The Secretary shall examine the criteria with re40 spect the circumstances under which the Service requires an employee to oc41 cupy Federal Government quarters, so as to provide necessary services or 


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

2 non-Federal housing in a geographic area. 

3 § 101315. Authorization for housing agreements 

4 The Secretary may, pursuant to the authorities contained in this sub5 chapter and subject to the appropriation of necessary funds in advance, 

6 enter into housing agreements with housing entities under which the hous7 ing entities may develop, construct, rehabilitate, or manage housing, located 

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

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

10 § 101316. Housing programs 

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

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

13 necessary funds in advance, the Secretary may lease— 

14 (A) Federal land and interests in land to qualified persons for 

15 the construction of field employee quarters for any period not to 

16 exceed 50 years; and 

17 (B) developed and undeveloped non-Federal land for providing 

18 field employee quarters. 

19 (2) COMPETITIVE LEASING.—Each lease under paragraph (1)(A) 

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

21 bid, or competitively negotiated contracting procedures. 

22 (3) TERMS AND CONDITIONS.—Each lease under paragraph (1)(A)— 

23 (A) shall stipulate whether operation and maintenance of field 

24 employee quarters is to be provided by the lessee, field employees, 

25 or the Federal Government; 

26 (B) shall require that the construction and rehabilitation of field 

27 employee quarters be done in accordance with the requirements of 

28 the Service and local applicable building codes and industry stand29 ards; 

30 (C) shall contain additional terms and conditions as may be ap31 propriate to protect the Federal interest, including limits on rents 

32 that the lessee may charge field employees for the occupancy of 

33 quarters, conditions on maintenance and repairs, and agreements 

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

35 and 

36 (D) may be granted at less than fair market value if the Sec37 retary determines that the lease will improve the quality and avail38 ability of field employee quarters. 

39 (4) CONTRIBUTIONS BY FEDERAL GOVERNMENT.—The Secretary 

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

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1 ning, construction, or rehabilitation of quarters on or off Federal land 

2 under a lease under this subsection. 

3 (b) RENTAL GUARANTEE PROGRAM.— 

4 (1) GENERAL AUTHORITY.—Subject to the appropriation of nec5 essary funds in advance, the Secretary may enter into a lease-to-build 

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

7 guarantee the occupancy of field employee quarters constructed or re8 habilitated under the lease. A guarantee made under this paragraph 

9 shall be in writing. 

10 (2) LIMITATIONS ON GUARANTEES.— 

11 (A) SPECIFIC GUARANTEES.—The Secretary may not guar12 antee— 

13 (i) the occupancy of more than 75 percent of the units con14 structed or rehabilitated under the lease; and 

15 (ii) at a rental rate that exceeds the rate based on the rea16 sonable value of the housing in accordance with requirements 

17 applicable under section 5911 of title 5. 

18 (B) TOTAL OF OUTSTANDING GUARANTEES.—Outstanding 

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

20 (3) AGREEMENT TO RENT TO FEDERAL GOVERNMENT EMPLOY21 EES.—A guarantee may be made under this subsection only if the les22 see agrees to permit the Secretary to utilize for housing purposes any 

23 units for which the guarantee is made. 

24 (4) OPERATION AND MAINTENANCE.—A lease shall be void if the les25 see fails to maintain a satisfactory level of operation and maintenance. 

26 § 101317. Contracts for the management of field employee 

27 quarters 

28 Subject to the appropriation of necessary funds in advance, the Secretary 

29 may enter into contracts of any duration for the management, repair, and 

30 maintenance of field employee quarters. The contract shall contain terms 

31 and conditions that the Secretary considers necessary or appropriate to pro32 tect the interests of the United States and ensure that necessary quarters 

33 are available to field employees. 

34 § 101318. Leasing of seasonal employee quarters 

35 (a) GENERAL AUTHORITY.—The Secretary may lease quarters at or near 

36 a System unit for use as seasonal quarters for field employees if the Sec37 retary finds that there is a shortage of adequate and affordable seasonal 

38 quarters at or near the System unit and that— 

39 (1) the requirement for the seasonal field employee quarters is tem40 porary; or 


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1 (2) leasing would be more cost-effective than construction of new 

2 seasonal field employee quarters. 

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

4 a rate based on the reasonable value of the quarters in accordance with re5 quirements applicable under section 5911 of title 5. 

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

7 costs of leasing seasonal quarters under this section from annual appropria8 tions for the year in which the lease is made. 

9 § 101319. General leasing provisions 

10 (a) EXEMPTION FROM LEASING REQUIREMENTS.—Section 104701 of 

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

12 the Secretary under this section. 

13 (b) PROCEEDS FROM LEASES.—The proceeds from any lease under sec14 tion 101316(a)(1) of this title and any lease under section 101318 of this 

15 title shall be retained by the Service and deposited in the special fund estab16 lished for maintenance and operation of quarters. 

17 § 101320. Assessment and priority listing 

18 The Secretary shall— 

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

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

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

22 using existing information; and 

23 (2) develop a Service-wide priority listing, by structure, identifying 

24 the units in greatest need for repair, rehabilitation, replacement, or ini25 tial construction. 

26 § 101321. Use of funds 

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

28 any funds authorized and appropriated for new construction, repair, or re29 habilitation of housing under this chapter shall follow the housing priority 

30 listing established by the Secretary under section 101320 of this title, in 

31 sequential order, to the maximum extent practicable. 

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

33 President’s proposed budget to Congress shall include identification of non34 construction funds to be spent for Service housing maintenance and oper35 ations that are in addition to rental receipts collected. 

36 CHAPTER 1015—TRANSPORTATION 

Subchapter I—Airports 

Sec. 

101501. Airports in or near System units. 

Subchapter II—Roads and Trails 

101511. Roads and trails. 

Subchapter III—Public Transportation Programs for System Units 

101521. Findings and purpose. 


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101522. Transportation service and facility programs. 

101523. Transportation projects. 

101524. Procedures applicable to transportation plans and projects. 

Subchapter IV—Fees 

101531. Fee for use of transportation services. 

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 subchapter I of chapter 471 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 State political sub38 division, in which the land is located. 


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

2 this section, the Secretary may— 

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

4 independently or jointly with other public agencies; and 

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

6 those projects, any funds that may be— 

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

8 those purposes; or 

9 (B) appropriated or otherwise specifically authorized for that 

10 purpose. 

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

12 of the Secretary, unless otherwise specifically provided by law, shall be oper13 ated as public airports, available for public use on fair and reasonable terms 

14 and without unjust discrimination. 

15 Subchapter II—Roads and Trails 

16 § 101511. Roads and trails 

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

18 may construct, reconstruct, and improve roads and trails, inclusive of nec19 essary bridges, in System units. 

20 (b) APPROACH ROADS.— 

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

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

23 roads and as supplementary parts of the highway systems of any Sys24 tem unit, roads whose primary value is to carry System unit travel and 

25 that lead across land at least 90 percent owned by the Federal Govern26 ment and that will connect the highways within a System unit with a 

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

28 (2) LIMIT ON LENGTH OF APPROACH ROADS.—A designated ap29 proach road shall not exceed— 

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

31 point on or leading to the nearest convenient National Highway 

32 System road; or 

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

34 Highway System. 

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

36 road shall be designated in any one county. 

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

38 SYSTEM UNITS.— 

39 (1) AUTHORITY OF SECRETARY.— 

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

41 and improve roads and trails within System units. 


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1 (B) AUTHORITY NOT LIMITED.—This subsection and sub2 sections (a), (b), and (d) do not limit the authority of the Sec3 retary to construct, reconstruct, improve, and maintain roads and 

4 trails within System units. 

5 (2) SECRETARY OF COMMERCE.—Under agreement with the Sec6 retary, the Secretary of Commerce may carry out any provision of this 

7 subsection. 

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

9 annually for the construction, reconstruction, and improvement of Sys10 tem unit approach roads 

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

12 approach road is proposed across or within any national forest, the Sec13 retary shall secure the approval of the Secretary of Agriculture before con14 struction begins. 

15 (e) CONVEYANCE TO STATES OF ROADS LEADING TO CERTAIN HISTOR16 ICAL AREAS.— 

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

18 Puerto Rico, Guam, and the Virgin Islands. 

19 (2) AUTHORITY OF SECRETARY.—The Secretary may, subject to con20 ditions as may seem proper to the Secretary, convey by proper quit21 claim deed to any State, county, municipality, or proper agency of a 

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

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

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

25 national military park, national historical park, national battlefield 

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

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

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

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

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

31 included in the conveyance. 

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

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

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

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

36 Subchapter III—Public Transportation Programs for System 

37 Units 

38 § 101521. Findings and purpose 

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


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

2 scenic, historic, and recreation areas for the enjoyment, education, in3 spiration, and use of all people; 

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

5 areas to preserve remaining open space and to provide recreational op6 portunities for urban residents (many of whom do not have access to 

7 personal motor vehicles); and 

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

9 System units to rely on personal motor vehicles may diminish the nat10 ural and recreational value of the System units by causing traffic con11 gestion and environmental damage, and by requiring the provision of 

12 roads, parking, and other facilities in ever-increasing numbers and den13 sity. 

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

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

16 units and the conservation of energy by encouraging the use of transpor17 tation modes other than personal motor vehicles for access to and within 

18 System units with minimum disruption to nearby communities through au19 thorization of a pilot transportation program. 

20 § 101522. Transportation service and facility programs 

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

22 The Secretary may formulate transportation plans and implement transpor23 tation projects where feasible pursuant to those plans for System units. 

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

25 ACCESS TO SYSTEM UNITS.— 

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

27 Secretary may— 

28 (A) contract with public or private agencies or carriers to pro29 vide transportation services, capital equipment, or facilities to im30 prove access to System units; 

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

32 adequate agencies or carriers; 

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

34 for those services; and 

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

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

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

38 a System unit. 

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

40 (A) ADMINISTRATION.—The acquired property shall be adminis41 tered as part of the System unit. 


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

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

3 owned by a State or any of its political subdivisions may be ac4 quired only by donation. 

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

6 land acquisition shall be subject to any statutory limitations on 

7 methods of acquisition and appropriations as may be specifically 

8 applicable to the area. 

9 (c) APPROPRIATION OF FEES COLLECTED AND DEPOSITED IN PLAN10 NING, DEVELOPMENT, AND OPERATION OF RECREATIONAL FACILITIES AP11 PROPRIATION ACCOUNT.—All fees directly collected by the Service in the op12 eration of the facilities and services authorized by this subchapter shall be 

13 deposited into the Planning, Development, and Operation of Recreation Fa14 cilities appropriation account to be subject to appropriation. 

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

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

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

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

19 units. 

20 (e) UNDERTAKING TRANSPORTATION FACILITIES AND SERVICES.— 

21 Transportation facilities and services provided pursuant to this subchapter 

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

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

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

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

26 commission or other body having authority to issue certificates of conven27 ience and necessity. A contractor shall be subject to applicable requirements 

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

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

30 (f) CONSTRUCTION OF GRANT OF AUTHORITY RESPECTING OPERATION

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

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

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

34 § 101523. Transportation projects 

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

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

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

38 Urban Development, the Secretary of Health and Human Services, the Sec39 retary of Commerce, and the heads of other Federal departments or agen40 cies that the Secretary considers necessary shall assist the Secretary in the 

41 formulation and implementation of transportation projects. 


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

2 maintain a compilation of Federal statutes and programs providing author3 ity for the planning, funding, or operation of transportation projects that 

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

5 § 101524. Procedures applicable to transportation plans and 

6 projects 

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

8 formulation of any transportation plan authorized pursuant to section 

9 101522 of this title— 

10 (1) give public notice of intention to formulate the plan by publica11 tion in the Federal Register and in a newspaper or periodical having 

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

13 (2) following the notice, hold a public meeting at a location conven14 ient to the affected System unit. 

15 (b) PRIOR TO IMPLEMENTATION OF PROJECT.—Prior to the implementa16 tion of any project developed pursuant to the transportation plan formulated 

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

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

19 local governments and the public adequate notice and an opportunity 

20 to comment on the proposed transportation project; and 

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

22 of $100,000 in any fiscal year, submit a detailed report to the Com23 mittee on Energy and Natural Resources of the Senate and the Com24 mittee on Natural Resources of the House of Representatives. 

25 (c) WAITING PERIOD.—When a report on a project is required under sub26 section (b)(2), the Secretary may proceed with the implementation of the 

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

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

29 elapsed following submission of the report. 

30 Subchapter IV—Fees 

31 § 101531. Fee for use of transportation services 

32 Notwithstanding any other provision of law, where the Service or an enti33 ty under a service contract, cooperative agreement, or other contractual 

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

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

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

37 admission fee required to be paid. Collection of the transportation and ad38 mission fees may occur at the transportation staging area or any other rea39 sonably convenient location determined by the Secretary. The Secretary may 

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1 portation fees collected pursuant to this section shall be retained by the Sys2 tem unit at which the transportation fee was collected, and the amount re3 tained shall be expended only for costs associated with the transportation 

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

5 CHAPTER 1017—FINANCIAL AGREEMENTS 

Sec. 

101701. Challenge cost-share agreement authority. 

101702. Cooperative agreements. 

101703. Reimburseable agreements. 

6 § 101701. Challenge cost-share agreement authority 

7 (a) DEFINITIONS.—In this section: 

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

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

10 Secretary and any cooperator for the purpose of sharing costs or serv11 ices in carrying out authorized functions and responsibilities of the Sec12 retary with respect to any System unit or System program, any affili13 ated area, or any designated national scenic trail or national historic 

14 trail. 

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

16 government, public or private agency, organization, institution, corpora17 tion, individual, or other entity. 

18 (b) AUTHORITY TO ENTER INTO CHALLENGE COST-SHARE AGREE19 MENTS.—The Secretary may negotiate and enter into challenge cost-share 

20 agreements with cooperators. 

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

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

23 funds available to the Service. 

24 § 101702. Cooperative agreements 

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

26 enter into cooperative agreements that involve the transfer of Service appro27 priated funds to State, local, and tribal governments, other public entities, 

28 educational institutions, and private nonprofit organizations pursuant to 

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

30 (b) COOPERATIVE RESEARCH AND TRAINING PROGRAMS.— 

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

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

33 consider advisable, may— 

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

35 educational institutions, States, and political subdivisions of States 

36 to develop adequate, coordinated, cooperative research and train37 ing programs concerning the resources of the System; and 


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

2 to the cooperator technical and support staff, financial assistance 

3 for mutually agreed upon research projects, supplies and equip4 ment, facilities, and administrative services relating to cooperative 

5 research units that the Secretary considers appropriate. 

6 (2) EFFECT OF SUBSECTION.—This subsection does not waive any 

7 requirements for research projects that are subject to Federal procure8 ment regulations. 

9 (c) COOPERATIVE MANAGEMENT AGREEMENTS.— 

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

11 the Secretary, under such terms and conditions as the Secretary con12 siders advisable, may enter into an agreement with a State or local gov13 ernment agency to provide for the cooperative management of the Fed14 eral and State or local park areas where a System unit is located adja15 cent to or near a State or local park area, and cooperative management 

16 between the Service and a State or local government agency of a por17 tion of either the System unit or State or local park will allow for more 

18 effective and efficient management of the System unit and State or 

19 local park. The Secretary may not transfer administration responsibil20 ities for any System unit under this paragraph. 

21 (2) PROVISION OF GOODS AND SERVICES.—Under a cooperative 

22 management agreement, the Secretary may acquire from and provide 

23 to a State or local government agency goods and services to be used 

24 by the Secretary and the State or local governmental agency in the co25 operative management of land. 

26 (3) ASSIGNMENT OF EMPLOYEE.—An assignment arranged by the 

27 Secretary under section 3372 of title 5 of a Federal, State, or local em28 ployee for work on any Federal, State, or local land or an extension 

29 of the assignment may be for any period of time determined by the 

30 Secretary and the State or local agency to be mutually beneficial. 

31 (d) COOPERATIVE AGREEMENTS FOR SYSTEM UNIT NATURAL RESOURCE

32 PROTECTION.— 

33 (1) IN GENERAL.—The Secretary may enter into cooperative agree34 ments with State, local, or tribal governments, other Federal agencies, 

35 other public entities, educational institutions, private nonprofit organi36 zations, or participating private landowners for the purpose of pro37 tecting natural resources of System units through collaborative efforts 

38 on land inside and outside the System units. 

39 (2) TERMS AND CONDITIONS.—A cooperative agreement entered into 

40 under paragraph (1) shall provide clear and direct benefits to System 

41 unit natural resources and— 


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1 (A) provide for— 

2 (i) the preservation, conservation, and restoration of coastal 

3 and riparian systems, watersheds, and wetlands; 

4 (ii) preventing, controlling, or eradicating invasive exotic 

5 species that are within a System unit or adjacent to a System 

6 unit; or 

7 (iii) restoration of natural resources, including native wild8 life habitat or ecosystems; 

9 (B) include a statement of purpose demonstrating how the 

10 agreement will— 

11 (i) enhance science-based natural resource stewardship at 

12 the System unit; and 

13 (ii) benefit the parties to the agreement; 

14 (C) specify any staff required and technical assistance to be pro15 vided by the Secretary or other parties to the agreement in sup16 port of activities inside and outside the System unit that will— 

17 (i) protect natural resources of the System unit; and 

18 (ii) benefit the parties to the agreement; 

19 (D) identify any materials, supplies, or equipment and any other 

20 resources that will be contributed by the parties to the agreement 

21 or by other Federal agencies; 

22 (E) describe any financial assistance to be provided by the Sec23 retary or the partners to implement the agreement; 

24 (F) ensure that any expenditure by the Secretary pursuant to 

25 the agreement is determined by the Secretary to support the pur26 poses of natural resource stewardship at a System unit; and 

27 (G) include such other terms and conditions as are agreed to 

28 by the Secretary and the other parties to the agreement. 

29 (3) LIMITATIONS.—The Secretary shall not use any funds associated 

30 with an agreement entered into under paragraph (1) for the purposes 

31 of land acquisition, regulatory activity, or the development, mainte32 nance, or operation of infrastructure, except for ancillary support facili33 ties that the Secretary determines to be necessary for the completion 

34 of projects or activities identified in the agreement. 

35 (4) AUTHORIZATION OF APPROPRIATIONS.—There are authorized to 

36 be appropriated such sums as are necessary to carry out this sub37 section. 

38 § 101703. Reimbursable agreements 

39 (a) IN GENERAL.—In carrying out work under reimbursable agreements 

40 with any State, local, or tribal government, the Secretary, without regard 

41 to any provision of law or a regulation— 


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1 (1) may record obligations against accounts receivable from those 

2 governments; and 

3 (2) shall credit amounts received from those governments to the ap4 propriate account. 

5 (b) WHEN AMOUNTS SHALL BE CREDITED.—Amounts shall be credited 

6 within 90 days of the date of the original request by the Service for pay7 ment. 

8 CHAPTER 1019—CONCESSIONS 

Subchapter I—Authority of Secretary 

Sec. 

101901. Authority of Secretary to carry out certain activities. 

Subchapter II—Concession Management 

101911. Definitions. 

101912. Findings and declaration of policy. 

101913. Award of concession contracts. 

101914. Terms 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. Special rule for service contract to provide transportation services. 

101923. Use of nonmonetary consideration in concession contracts. 

101924. Recordkeeping requirements. 

101925. Promotion of sale of Indian, Alaska Native, Native Samoan, and Native Hawaiian 

handicrafts. 

101926. Commercial use authorizations. 

101927. Regulations. 

9 Subchapter I—Authority of Secretary 

10 § 101901. Authority of Secretary to carry out certain activi11 ties 

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

13 terms and conditions as the Secretary considers advisable, may carry out 

14 the following activities: 

15 (1) SALE OF PRODUCTS AND SERVICES PRODUCED IN THE CONDUCT

16 OF LIVING EXHIBITS AND INTERPRETATIVE DEMONSTRATIONS.— 

17 (A) IN GENERAL.—The Secretary may— 

18 (i) sell at fair market value, without regard to the require19 ments of chapters 1 to 11 of title 40 and subtitle III of the 

20 Federal Property and Administrative Services Act of 1949 

21 (41 U.S.C. 251 et seq.), products and services produced in 

22 the conduct of living exhibits and interpretive demonstrations 

23 in System units; 

24 (ii) enter into contracts (including cooperative arrange25 ments) with respect to those living exhibits andinterpretive 

26 demonstrations; and 


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1 (iii) subject to subparagraph (B), credit the proceeds from 

2 those sales and contracts to the appropriation bearing the 

3 cost of the exhibits and demonstrations. 

4 (B) GLACIER BAY NATIONAL PARK.— 

5 (i) DEFINITIONS.—In this subparagraph— 

6 (I) CERTAIN PERMITTEE.—The term ‘‘certain per7 mittee’’ means a permittee that provides overnight ac8 commodations for at least 500 passengers for an 

9 itinerary of at least 3 nights. 

10 (II) PERMITTEE.—The term ‘‘permittee’’ means a 

11 concessionaire providing visitor services within Glacier 

12 Bay. 

13 (ii) LIMITATION ON USE OF FEES.—Sixty percent of the 

14 fees paid by permittees for the privilege of entering into Gla15 cier Bay shall be deposited in a special account and shall be 

16 available— 

17 (I) to the extent determined to be necessary, to ac18 quire and pre-position necessary and adequate emergency 

19 response equipment to prevent harm or the threat of 

20 harm to aquatic park resources from permittees; and 

21 (II) to conduct investigations to quantify any effect of 

22 permittees’ activity on wildlife and other natural resource 

23 values of Glacier Bay National Park. 

24 (iii) PURPOSE OF INVESTIGATIONS.—The investigations 

25 provided for in this subparagraph shall be designed to provide 

26 information of value to the Secretary in determining any ap27 propriate limitations on permittees’ activity in Glacier Bay. 

28 (iv) NO ADDITIONAL CONDITIONS TO BE IMPOSED.—The 

29 Secretary may not impose any additional permittee operating 

30 conditions in the areas of air, water, and oil pollution beyond 

31 those determined and enforced by other appropriate agencies. 

32 (v) ACCOUNTING FOR IMPACT OF PERMITTEES ON PARK

33 VALUES AND RESOURCES.—When competitively awarding per34 mits to enter Glacier Bay, the Secretary may take into ac35 count the relative impact particular permittees will have on 

36 park values and resources, provided that no operating condi37 tions or limitations relating to noise abatement shall be im38 posed unless the Secretary determines, based on the weight 

39 of the evidence from all available studies including verifiable 

40 scientific information from the investigations provided for in 


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1 this paragraph, that the limitations or conditions are nec2 essary to protect park values and resources. 

3 (vi) LIMIT ON AMOUNT OF FEE.—Fees paid by certain per4 mittees for the privilege of entering into Glacier Bay shall not 

5 exceed $5 per passenger. 

6 (vii) ADDITIONAL CATEGORIES OF PERMITS OR NUMBER OF

7 PERMITS NOT AUTHORIZED.—This subparagraph does not au8 thorize the Secretary to require additional categories of per9 mits in, or otherwise increase the number of permits to enter, 

10 Glacier Bay National Park. 

11 (2) UTILITY SERVICES FOR CONCESSIONERS.—The Secretary may 

12 furnish, on a reimbursement of appropriation basis, all types of utility 

13 services to concessioners, contractors, permittees, or other users of the 

14 services, within the System. The reimbursements for cost of the serv15 ices may be credited to the appropriation current at the time reim16 bursements are received. 

17 Subchapter II—Concession Management 

18 § 101911. Definitions 

19 In this subchapter: 

20 (1) ADVISORY BOARD.—The term ‘‘Advisory Board’’ means the Na21 tional Park Service Concessions Management Advisory Board estab22 lished under section 101919 of this title. 

23 (2) PREFERENTIAL RIGHT OF RENEWAL.—The term ‘‘preferential 

24 right of renewal’’ means the right of a concessioner, subject to a deter25 mination by the Secretary that the facilities or services authorized by 

26 a prior contract continue to be necessary and appropriate within the 

27 meaning of section 101912 of this title, to match the terms and condi28 tions of any competing proposal that the Secretary determines to be 

29 the best proposal for a proposed new concession contract that author30 izes the continuation of the facilities and services provided by the con31 cessioner under its prior contract. 

32 § 101912. Findings and declaration of policy 

33 (a) FINDINGS.—In furtherance of section 100301(b), Congress finds that 

34 the preservation and conservation of System unit resources and values re35 quires that public accommodations, facilities, and services that have to be 

36 provided within those System units should be provided only under carefully 

37 controlled safeguards against unregulated and indiscriminate use, so that— 

38 (1) visitation will not unduly impair those resources and values; and 

39 (2) development of public accommodations, facilities, and services 

40 within System units can best be limited to locations that are consistent 


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1 to the highest practicable degree with the preservation and conservation 

2 of the resources and values of the System units. 

3 (b) DECLARATION OF POLICY.—It is the policy of Congress that the de4 velopment of public accommodations, facilities, and services in System units 

5 shall be limited to accommodations, facilities, and services that— 

6 (1) are necessary and appropriate for public use and enjoyment of 

7 the System unit in which they are located; and 

8 (2) are consistent to the highest practicable degree with the preser9 vation and conservation of the resources and values of the System unit. 

10 § 101913. Award of concession contracts 

11 In furtherance of the findings and policy stated in section 101912 of this 

12 title, and except as provided by this subchapter or otherwise authorized by 

13 law, the Secretary shall utilize concession contracts to authorize a person, 

14 corporation, or other entity to provide accommodations, facilities, and serv15 ices to visitors to System units. Concession contracts shall be awarded as 

16 follows: 

17 (1) COMPETITIVE SELECTION PROCESS.—Except as otherwise pro18 vided in this section, all proposed concession contracts shall be awarded 

19 by the Secretary to the person, corporation, or other entity submitting 

20 the best proposal, as determined by the Secretary through a competi21 tive selection process. The competitive process shall include simplified 

22 procedures for small, individually-owned concession contractors. 

23 (2) SOLICITATION OF PROPOSALS.—Except as otherwise provided in 

24 this section, prior to awarding a new concession contract (including re25 newals or extensions of existing concession contracts) the Secretary— 

26 (A) shall publicly solicit proposals for the concession contract; 

27 and 

28 (B) in connection with the solicitation, shall— 

29 (i) prepare a prospectus and publish notice of its avail30 ability at least once in local or national newspapers or trade 

31 publications, by electronic means, or both, as appropriate; and 

32 (ii) make the prospectus available on request to all inter33 ested persons. 

34 (3) INFORMATION TO BE INCLUDED IN PROSPECTUS.—The pro35 spectus shall include the following information: 

36 (A) The minimum requirements for the contract as set forth in 

37 paragraph (4). 

38 (B) The terms and conditions of any existing concession con39 tract relating to the services and facilities to be provided, including 

40 all fees and other forms of compensation provided to the United 

41 States by the concessioner. 


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1 (C) Other authorized facilities or services that may be provided 

2 in a proposal. 

3 (D) Facilities and services to be provided by the Secretary to 

4 the concessioner, including public access, utilities, and buildings. 

5 (E) An estimate of the amount of compensation due an existing 

6 concessioner from a new concessioner under the terms of a prior 

7 concession contract. 

8 (F) A statement as to the weight to be given to each selection 

9 factor identified in the prospectus and the relative importance of 

10 those factors in the selection process. 

11 (G) Other information related to the proposed concession oper12 ation that is provided to the Secretary pursuant to a concession 

13 contract or is otherwise available to the Secretary, as the Sec14 retary determines is necessary to allow for the submission of com15 petitive proposals. 

16 (H) Where applicable, a description of a preferential right to 

17 the renewal of the proposed concession contract held by an exist18 ing concessioner as set forth in paragraph (7). 

19 (4) CONSIDERATION OF PROPOSALS.— 

20 (A) MINIMUM REQUIREMENTS.—No proposal shall be consid21 ered that fails to meet the minimum requirements as determined 

22 by the Secretary. The minimum requirements shall include the fol23 lowing: 

24 (i) The minimum acceptable franchise fee or other forms 

25 of consideration to the Federal Government. 

26 (ii) Any facilities, services, or capital investment required 

27 to be provided by the concessioner. 

28 (iii) Measures necessary to ensure the protection, conserva29 tion, and preservation of resources of the System unit. 

30 (B) REJECTION OF PROPOSAL.—The Secretary shall reject any 

31 proposal, regardless of the franchise fee offered, if the Secretary 

32 determines that— 

33 (i) the person, corporation, or entity is not qualified or is 

34 not likely to provide satisfactory service; or 

35 (ii) the proposal is not responsive to the objectives of pro36 tecting and preserving resources of the System unit and of 

37 providing necessary and appropriate facilities and services to 

38 the public at reasonable rates. 

39 (C) ALL PROPOSALS FAIL TO MEET MIMIMUM REQUIREMENTS

40 OR ARE REJECTED.—If all proposals submitted to the Secretary 

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1 retary, the Secretary shall establish new minimum contract re2 quirements and re-initiate the competitive selection process pursu3 ant to this section. 

4 (D) TERMS AND CONDITIONS MATERIALLY AMENDED OR NOT

5 INCORPORATED IN CONTRACT.—The Secretary may not execute a 

6 concession contract that materially amends or does not incorporate 

7 the proposed terms and conditions of the concession contract as 

8 set forth in the applicable prospectus. If proposed material amend9 ments or changes are considered appropriate by the Secretary, the 

10 Secretary shall resolicit offers for the concession contract incor11 porating the material amendments or changes. 

12 (5) SELECTION OF THE BEST PROPOSAL.— 

13 (A) FACTORS IN SELECTION.—In selecting the best proposal, 

14 the Secretary shall consider the following principal factors: 

15 (i) The responsiveness of the proposal to the objectives of 

16 protecting, conserving, and preserving resources of the Sys17 tem unit and of providing necessary and appropriate facilities 

18 and services to the public at reasonable rates. 

19 (ii) The experience and related background of the person, 

20 corporation, or entity submitting the proposal, including the 

21 past performance and expertise of the person, corporation or 

22 entity in providing the same or similar facilities or services. 

23 (iii) The financial capability of the person, corporation, or 

24 entity submitting the proposal. 

25 (iv) The proposed franchise fee, except that consideration 

26 of revenue to the United States shall be subordinate to the 

27 objectives of protecting, conserving, and preserving resources 

28 of the System unit and of providing necessary and appro29 priate facilities to the public at reasonable rates. 

30 (B) SECONDARY FACTORS.—The Secretary may also consider 

31 such secondary factors as the Secretary considers appropriate. 

32 (C) DEVELOPMENT OF REGULATIONS.—In developing regula33 tions to implement this subchapter, the Secretary shall consider 

34 the extent to which plans for employment of Indians (including 

35 Native Alaskans) and involvement of businesses owned by Indians, 

36 Indian tribes, or Native Alaskans in the operation of a concession 

37 contract should be identified as a factor in the selection of a best 

38 proposal under this section. 

39 (6) CONGRESSIONAL NOTIFICATION.— 

40 (A) IN GENERAL.—The Secretary shall submit any proposed 

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1 cess of $5,000,000 or a duration of more than 10 years to the 

2 Committee on Natural Resources of the House of Representatives 

3 and the Committee on Energy and Natural Resources of the Sen4 ate. 

5 (B) WAITING PERIOD.—The Secretary shall not award any pro6 posed concession contract to which subparagraph (A) applies until 

7 at least 60 days subsequent to the notification of both Commit8 tees. 

9 (7) PREFERENTIAL RIGHT OF RENEWAL.— 

10 (A) IN GENERAL.—Except as provided in subparagraph (B), the 

11 Secretary shall not grant a concessioner a preferential right to 

12 renew a concession contract, or any other form of preference to 

13 a concession contract. 

14 (B) EXCEPTION.—The Secretary shall grant a preferential right 

15 of renewal to an existing concessioner with respect to proposed re16 newals of the categories of concession contracts described by para17 graph (8), subject to the requirements of that paragraph. 

18 (C) ENTITLEMENT TO AWARD OF NEW CONTRACT.—A conces19 sioner that successfully exercises a preferential right of renewal in 

20 accordance with the requirements of this subchapter shall be enti21 tled to award of the proposed new concession contract to which 

22 the preference applies. 

23 (8) OUTFITTER AND GUIDE SERVICES AND SMALL CONTRACTS.— 

24 (A) APPLICATION.—Paragraph (7) shall apply only to the fol25 lowing: 

26 (i) Subject to subparagraph (B), concession contracts that 

27 solely authorize the provision of specialized backcountry out28 door recreation guide services that require the employment of 

29 specially trained and experienced guides to accompany System 

30 unit visitors in the backcountry so as to provide a safe and 

31 enjoyable experience for visitors who otherwise may not have 

32 the skills and equipment to engage in that activity. 

33 (ii) Subject to subparagraph (C), concession contracts with 

34 anticipated annual gross receipts under $500,000. 

35 (B) OUTFITTING AND GUIDE CONCESSIONERS.— 

36 (i) DESCRIPTION.—Outfitting and guide concessioners, 

37 where otherwise qualified, include concessioners that provide 

38 guided river running, hunting, fishing, horseback, camping, 

39 and mountaineering experiences. 


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1 (ii) WHEN ENTITLED TO PREFERENTIAL RIGHT.—An out2 fitting and guide concessioner is entitled to a preferential 

3 right of renewal under this subchapter only if— 

4 (I) the contract with the outfitting and guide conces5 sioner does not grant the concessioner any interest, in6 cluding any leasehold surrender interest or possessory in7 terest, in capital improvements on land owned by the 

8 United States within a System unit, other than a capital 

9 improvement constructed by a concessioner pursuant to 

10 the terms of a concession contract prior to November 13, 

11 1998, or constructed or owned by a concessioner or the 

12 concessioner’s predecessor before the subject land was 

13 incorporated into the System; 

14 (II) the Secretary determines that the concessioner 

15 has operated satisfactorily during the term of the con16 tract (including any extension); and 

17 (III) the concessioner has submitted a responsive pro18 posal for a proposed new concession contract that satis19 fies the minimum requirements established by the Sec20 retary pursuant to paragraph (4). 

21 (C) CONTRACT WITH ESTIMATED GROSS RECEIPTS OF LESS

22 THAN $500,000.—A concessioner that holds a concession contract 

23 that the Secretary estimates will result in gross annual receipts of 

24 less than $500,000 if renewed shall be entitled to a preferential 

25 right of renewal under this subchapter if— 

26 (i) the Secretary has determined that the concessioner has 

27 operated satisfactorily during the term of the contract (in28 cluding any extension); and 

29 (ii) the concessioner has submitted a responsive proposal 

30 for a proposed new concession contract that satisfies the min31 imum requirements established by the Secretary pursuant to 

32 paragraph (4). 

33 (9) NEW OR ADDITIONAL SERVICES.—The Secretary shall not grant 

34 a preferential right to a concessioner to provide new or additional serv35 ices in a System unit. 

36 (10) AUTHORITY OF SECRETARY NOT LIMITED.—Nothing in this 

37 subchapter shall be construed as limiting the authority of the Secretary 

38 to determine whether to issue a concession contract or to establish its 

39 terms and conditions in furtherance of the policies expressed in this 

40 subchapter. 


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1 (11) EXCEPTIONS.—Notwithstanding this section, the Secretary may 

2 award, without public solicitation, the following: 

3 (A) TEMPORARY CONTRACT.—To avoid interruption of services 

4 to the public at a System unit, the Secretary may award a tem5 porary concession contract or an extension of an existing conces6 sions contract for a term not to exceed 3 year, except that prior 

7 to making the award, the Secretary shall take all reasonable and 

8 appropriate steps to consider alternatives to avoid the interruption. 

9 (B) CONTRACT IN EXTRAORDINARY CIRCUMSTANCES.—The Sec10 retary may award a concession contract in extraordinary cir11 cumstances where compelling and equitable considerations require 

12 the award of a concession contract to a particular party in the 

13 public interest. Award of a concession contract under this subpara14 graph shall not be made by the Secretary until at least 30 days 

15 after— 

16 (i) publication in the Federal Register of notice of the Sec17 retary’s intention to award the contract and the reasons for 

18 the action; and 

19 (ii) submission of notice to the Committee on Energy and 

20 Natural Resources of the Senate and the Committee on Nat21 ural Resources of the House of Representatives. 

22 § 101914. Term of concession contracts 

23 A concession contract entered into pursuant to this subchapter shall gen24 erally be awarded for a term of 10 years or less. The Secretary may award 

25 a contract for a term of up to 20 years if the Secretary determines that 

26 the contract terms and conditions, including the required construction of 

27 capital improvements, warrant a longer term. 

28 § 101915. Protection of concessioner investment 

29 (a) DEFINITIONS.—In this section: 

30 (1) CAPITAL IMPROVEMENT.—The term ‘‘capital improvement’’ 

31 means a structure, a fixture, or nonremovable equipment provided by 

32 a concessioner pursuant to the terms of a concession contract and lo33 cated on land of the United States within a System unit. 

34 (2) CONSUMER PRICE INDEX.—The term ‘‘Consumer Price Index’’ 

35 means— 

36 (A) the ‘‘Consumer Price Index—All Urban Consumers’’ pub37 lished by the Bureau of Labor Statistics of the Department of 

38 Labor; or 

39 (B) if the Index is not published, another regularly published 

40 cost-of-living index approximating the Consumer Price Index. 


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1 (b) LEASEHOLD SURRENDER INTEREST IN CAPITAL IMPROVEMENTS.— 

2 A concessioner that constructs a capital improvement on land owned by the 

3 United States within a System unit pursuant to a concession contract shall 

4 have a leasehold surrender interest in the capital improvement subject to 

5 the following terms and conditions: 

6 (1) IN GENERAL.—A concessioner shall have a leasehold surrender 

7 interest in each capital improvement constructed by a concessioner 

8 under a concession contract, consisting solely of a right to compensa9 tion for the capital improvement to the extent of the value of the con10 cessioner’s leasehold surrender interest in the capital improvement. 

11 (2) PLEDGE, TRANSFER, RELINQUISHMENT, AND WAIVER OF INTER12 EST; INTEREST NOT TO BE EXTINGUISHED; WHEN INTEREST MAY BE

13 TAKEN FOR PUBLIC USE.—A leasehold surrender interest— 

14 (A) may be pledged as security for financing of a capital im15 provement or the acquisition of a concession contract when ap16 proved by the Secretary pursuant to this subchapter; 

17 (B) shall be transferred by the concessioner in connection with 

18 any transfer of the concession contract and may be relinquished 

19 or waived by the concessioner; and 

20 (C) shall not be extinguished by the expiration or other termi21 nation of a concession contract and may not be taken for public 

22 use except on payment of just compensation. 

23 (3) VALUE OF INTEREST.—The value of a leasehold surrender inter24 est in a capital improvement shall be an amount equal to the initial 

25 value (construction cost of the capital improvement), increased (or de26 creased) by the same percentage increase (or decrease) as the percent27 age increase (or decrease) in the Consumer Price Index, from the date 

28 of making the investment in the capital improvement by the conces29 sioner to the date of payment of the value of the leasehold surrender 

30 interest, less depreciation of the capital improvement as evidenced by 

31 the condition and prospective serviceability in comparison with a new 

32 unit of like kind. 

33 (4) VALUE OF INTEREST IN CERTAIN NEW CONCESSION CON34 TRACTS.— 

35 (A) HOW VALUE IS DETERMINED.—The Secretary may provide, 

36 in any new concession contract that the Secretary estimates will 

37 have a leasehold surrender interest of more than $10,000,000, 

38 that the value of any leasehold surrender interest in a capital im39 provement shall be based on— 

40 (i) a reduction on an annual basis, in equal portions, over 

41 the same number of years as the time period associated with 


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1 the straight line depreciation of the initial value (construction 

2 cost of the capital improvement), as provided by applicable 

3 Federal income tax laws and regulations in effect on Novem4 ber 12, 1998; or 

5 (ii) an alternative formula that is consistent with the objec6 tives of this subchapter. 

7 (B) WHEN ALTERNATIVE FORMULA MAY BE USED.—The Sec8 retary may use an alternative formula only if the Secretary deter9 mines, after scrutiny of the financial and other circumstances in10 volved in the particular concession contract (including providing 

11 notice in the Federal Register and opportunity for comment), that 

12 the alternative formula is, compared to the standard method of de13 termining value provided for in paragraph (3), necessary to pro14 vide a fair return to the Federal Government and to foster com15 petition for the new contract by providing a reasonable oppor16 tunity to make a profit under the new contract. If no responsive 

17 offers are received in response to a solicitation that includes the 

18 alternative formula, the concession opportunity shall be resolicited 

19 with the leasehold surrender interest value as described in para20 graph (3). 

21 (5) INCREASE IN VALUE OF INTEREST.—Where a concessioner, pur22 suant to the terms of a concession contract, makes a capital improve23 ment to an existing capital improvement in which the concessioner has 

24 a leasehold surrender interest, the cost of the additional capital im25 provement shall be added to the then-current value of the conces26 sioner’s leasehold surrender interest. 

27 (c) SPECIAL RULE FOR POSSESSORY INTEREST EXISTING BEFORE NO28 VEMBER 13, 1998.— 

29 (1) IN GENERAL.—A concessioner that has obtained a possessory in30 terest (as defined pursuant to the Act of October 9, 1965 (known as 

31 the National Park Service Concessions Policy Act; Public Law 89–249, 

32 79 Stat. 969), as in effect on November 12, 1998) under the terms 

33 of a concession contract entered into before November 13, 1998, shall, 

34 on the expiration or termination of the concession contract, be entitled 

35 to receive compensation for the possessory interest improvements in the 

36 amount and manner as described by the concession contract. Where 

37 that possessory interest is not described in the existing concession con38 tract, compensation of possessory interest shall be determined in ac39 cordance with the laws in effect on November 12, 1998. 

40 (2) EXISTING CONCESSIONER AWARDED A NEW CONTRACT.—A con41 cessioner awarded a new concession contract to replace an existing conVerDate Mar 15 2010 21:07 Sep 23, 2010 Jkt 089200 PO 00000 Frm 00053 Fmt 6652 Sfmt 6221 E:\BILLS\H6161.IH H6161

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1 cession contract after November 13, 1998, instead of directly receiving 

2 the possessory interest compensation, shall have a leasehold surrender 

3 interest in its existing possessory interest improvements under the 

4 terms of the new concession contract and shall carry over as the initial 

5 value of the leasehold surrender interest (instead of construction cost) 

6 an amount equal to the value of the existing possessory interest as of 

7 the termination date of the previous concession contract. In the event 

8 of a dispute between the concessioner and the Secretary as to the value 

9 of the possessory interest, the matter shall be resolved through binding 

10 arbitration. 

11 (3) NEW CONCESSIONER AWARDED A CONTRACT.—A new conces12 sioner awarded a concession contract and required to pay a prior con13 cessioner for possessory interest in prior improvements shall have a 

14 leasehold surrender interest in the prior improvements. The initial 

15 value in the leasehold surrender interest (instead of construction cost) 

16 shall be an amount equal to the value of the existing possessory inter17 est as of the termination date of the previous concession contract. 

18 (d) TRANSITION TO SUCCESSOR CONCESSIONER.—On expiration or ter19 mination of a concession contract entered into after November 13, 1998, a 

20 concessioner shall be entitled under the terms of the concession contract to 

21 receive from the United States or a successor concessioner the value of any 

22 leasehold surrender interest in a capital improvement as of the date of the 

23 expiration or termination. A successor concessioner shall have a leasehold 

24 surrender interest in the capital improvement under the terms of a new con25 cession contract and the initial value of the leasehold surrender interest in 

26 the capital improvement (instead of construction cost) shall be the amount 

27 of money the new concessioner is required to pay the prior concessioner for 

28 its leasehold surrender interest under the terms of the prior concession con29 tract. 

30 (e) TITLE TO IMPROVEMENTS.—Title to any capital improvement con31 structed by a concessioner on land owned by the United States in a System 

32 unit shall be vested in the United States. 

33 § 101916. Reasonableness of rates and charges 

34 (a) IN GENERAL.—Each concession contract shall permit the concessioner 

35 to set reasonable and appropriate rates and charges for facilities, goods, and 

36 services provided to the public, subject to approval under subsection (b). 

37 (b) APPROVAL BY SECRETARY REQUIRED.— 

38 (1) FACTORS TO CONSIDER.—A concessioner’s rates and charges to 

39 the public shall be subject to approval by the Secretary. The approval 

40 process utilized by the Secretary shall be as prompt and as 

41 unburdensome to the concessioner as possible and shall rely on market 


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1 forces to establish reasonableness of rates and charges to the maximum 

2 extent practicable. The Secretary shall approve rates and charges that 

3 the Secretary determines to be reasonable and appropriate. Unless oth4 erwise provided in the concession contract, the reasonableness and ap5 propriateness of rates and charges shall be determined primarily by 

6 comparison with those rates and charges for facilities, goods, and serv7 ices of comparable character under similar conditions, with due consid8 eration to the following factors and other factors deemed relevant by 

9 the Secretary: 

10 (A) Length of season. 

11 (B) Peakloads. 

12 (C) Average percentage of occupancy. 

13 (D) Accessibility. 

14 (E) Availability and costs of labor and materials. 

15 (F) Type of patronage. 

16 (2) RATES AND CHARGES NOT TO EXCEED MARKET RATES AND

17 CHARGES.—Rates and charges may not exceed the market rates and 

18 charges for comparable facilities, goods, and services, after taking into 

19 account the factors referred to in paragraph (1). 

20 (c) IMPLEMENTATION OF RECOMMENDATIONS.—Not later than 6 months 

21 after receiving recommendations from the Advisory Board regarding conces22 sioner rates and charges to the public, the Secretary shall implement the 

23 recommendations or report to Congress the reasons for not implementing 

24 the recommendations. 

25 § 101917. Franchise fees 

26 (a) IN GENERAL.—A concession contract shall provide for payment to the 

27 Federal Government of a franchise fee or other monetary consideration as 

28 determined by the Secretary, on consideration of the probable value to the 

29 concessioner of the privileges granted by the particular contract involved. 

30 Probable value shall be based on a reasonable opportunity for net profit in 

31 relation to capital invested and the obligations of the concession contract. 

32 Consideration of revenue to the United States shall be subordinate to the 

33 objectives of protecting and preserving System units and of providing nec34 essary and appropriate services for visitors at reasonable rates. 

35 (b) PROVISIONS TO BE SPECIFIED IN CONTRACT.—The amount of the 

36 franchise fee or other monetary consideration paid to the United States for 

37 the term of the concession contract shall be specified in the concession con38 tract and may be modified only to reflect extraordinary unanticipated 

39 changes from the conditions anticipated as of the effective date of the con40 cession contract. The Secretary shall include in concession contracts with a 

41 term of more than 5 years a provision that allows reconsideration of the 


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1 franchise fee at the request of the Secretary or the concessioner in the event 

2 of extraordinary unanticipated changes. The provision shall provide for 

3 binding arbitration in the event that the Secretary and the concessioner are 

4 unable to agree on an adjustment to the franchise fee in those cir5 cumstances. 

6 (c) SPECIAL ACCOUNT IN TREASURY.— 

7 (1) DEPOSIT AND AVAILABILITY.—All franchise fees (and other mon8 etary consideration) paid to the United States pursuant to concession 

9 contracts shall be deposited in a special account established in the 

10 Treasury. Twenty percent of the funds deposited in the special account 

11 shall be available for expenditure by the Secretary, without further ap12 propriation, to support activities throughout the System regardless of 

13 the System unit in which the funds were collected. The funds deposited 

14 in the special account shall remain available until expended. 

15 (2) SUBACCOUNT FOR EACH SYSTEM UNIT.—There shall be estab16 lished within the special account a subaccount for each System unit. 

17 Each subaccount shall be credited with 80 percent of the franchise fees 

18 (and other monetary consideration) collected at a single System unit 

19 under concession contracts. The funds credited to the subaccount for 

20 a System unit shall be available for expenditure by the Secretary, with21 out further appropriation, for use at the System unit for visitor services 

22 and for purposes of funding high-priority and urgently necessary re23 source management programs and operations. The funds credited to a 

24 subaccount shall remain available until expended. 

25 § 101918. Transfer or conveyance of concession contracts or 

26 leasehold surrender interests 

27 (a) APPROVAL OF SECRETARY.—No concession contract or leasehold sur28 render interest may be transferred, assigned, sold, or otherwise conveyed or 

29 pledged by a concessioner without prior written notification to, and approval 

30 by, the Secretary. 

31 (b) CONDITIONS.—The Secretary shall approve a transfer or conveyance 

32 described in subsection (a) unless the Secretary finds that— 

33 (1) the individual, corporation, or other entity seeking to acquire a 

34 concession contract is not qualified or able to satisfy the terms and 

35 conditions of the concession contract; 

36 (2) the transfer or conveyance would have an adverse impact on— 

37 (A) the protection, conservation, or preservation of the resources 

38 of the System unit; or 

39 (B) the provision of necessary and appropriate facilities and 

40 services to visitors at reasonable rates and charges; and 


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1 (3) the terms of the transfer or conveyance are likely, directly or in2 directly, to— 

3 (A) reduce the concessioner’s opportunity for a reasonable profit 

4 over the remaining term of the concession contract; 

5 (B) adversely affect the quality of facilities and services pro6 vided by the concessioner; or 

7 (C) result in a need for increased rates and charges to the pub8 lic to maintain the quality of the facilities and services. 

9 (c) MODIFICATION OR RENEGOTIATION OF TERMS.—The terms and con10 ditions of any concession contract under this section shall not be subject to 

11 modification or open to renegotiation by the Secretary because of a transfer 

12 or conveyance described in subsection (a) unless the transfer or conveyance 

13 would have an adverse impact as described in subsection (b)(2). 

14 § 101919. National Park Service Concessions Management 

15 Advisory Board 

16 (a) ESTABLISHMENT AND PURPOSE.—There is a National Park Service 

17 Concessions Management Advisory Board whose purpose shall be to advise 

18 the Secretary and Service on matters relating to management of concessions 

19 in the System. 

20 (b) DUTIES.— 

21 (1) ADVICE.—The Advisory Board shall advise on each of the fol22 lowing: 

23 (A) Policies and procedures intended to ensure that services and 

24 facilities provided by concessioners— 

25 (i) are necessary and appropriate; 

26 (ii) meet acceptable standards at reasonable rates with a 

27 minimum of impact on park resources and values; and 

28 (iii) provide the concessioners with a reasonable oppor29 tunity to make a profit. 

30 (B) Ways to make Service concession programs and procedures 

31 more cost effective, more process efficient, less burdensome, and 

32 timelier. 

33 (2) RECOMMENDATIONS.—The Advisory Board shall make rec34 ommendations to the Secretary regarding each of the following: 

35 (A) The Service contracting with the private sector to conduct 

36 appropriate elements of concession management. 

37 (B) Ways to make the review or approval of concessioner rates 

38 and charges to the public more efficient, less burdensome, and 

39 timelier. 


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1 (C) The nature and scope of products that qualify as Indian, 

2 Alaska Native, and Native Hawaiian handicrafts within the mean3 ing of this subchapter. 

4 (D) The allocation of concession fees. 

5 (3) ANNUAL REPORT.—The Advisory Board shall provide an annual 

6 report on its activities to the Committee on Natural Resources of the 

7 House of Representatives and the Committee on Energy and Natural 

8 Resources of the Senate. 

9 (c) ADVISORY BOARD MEMBERSHIP.—Members of the Advisory Board 

10 shall be appointed on a staggered basis by the Secretary for a term not to 

11 exceed 4 years and shall serve at the pleasure of the Secretary. The Advi12 sory Board shall be comprised of not more than 7 individuals appointed 

13 from among citizens of the United States not in the employment of the Fed14 eral Government and not in the employment of or having an interest in a 

15 Service concession. Of the 7 members of the Advisory Board— 

16 (1) one member shall be privately employed in the hospitality indus17 try and have both broad knowledge of hotel or food service manage18 ment and experience in the parks and recreation concession business; 

19 (2) one member shall be privately employed in the tourism industry; 

20 (3) one member shall be privately employed in the accounting indus21 try; 

22 (4) one member shall be privately employed in the outfitting and 

23 guide industry; 

24 (5) one member shall be a State government employee with expertise 

25 in park concession management; 

26 (6) one member shall be active in promotion of traditional arts and 

27 crafts; and 

28 (7) one member shall be active in a nonprofit conservation organiza29 tion involved in parks and recreation programs. 

30 (d) SERVICE ON ADVISORY BOARD.—Service of an individual as a mem31 ber of the Advisory Board shall not be deemed to be service or employment 

32 bringing the individual within the provisions of any Federal law relating to 

33 conflicts of interest or otherwise imposing restrictions, requirements, or pen34 alties in relation to the employment of individuals, the performance of serv35 ices, or the payment or receipt of compensation in connection with claims, 

36 proceedings, or matters involving the United States. Service as a member 

37 of the Advisory Board shall not be deemed service in an appointive or elec38 tive position in the Federal Government for purposes of section 8344 of title 

39 5 or other comparable provisions of Federal law. 


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1 (e) TERMINATION.—The Advisory Board shall continue to exist until De2 cember 31, 2009. In all other respects, it shall be subject to the Federal 

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

4 § 101920. Contracting for services 

5 (a) CONTRACTING AUTHORIZED.— 

6 (1) MANAGEMENT ELEMENTS FOR WHICH CONTRACT REQUIRED.— 

7 To the maximum extent practicable, the Secretary shall contract with 

8 private entities to conduct or assist in elements of the management of 

9 the Service concessions program considered by the Secretary to be suit10 able for non-Federal performance. Those management elements shall 

11 include each of the following: 

12 (A) Health and safety inspections. 

13 (B) Quality control of concessions operations and facilities. 

14 (C) Strategic capital planning for concessions facilities. 

15 (D) Analysis of rates and charges to the public. 

16 (2) MANAGEMENT ELEMENTS FOR WHICH CONTRACT ALLOWED.— 

17 The Secretary may also contract with private entities to assist the Sec18 retary with each of the following: 

19 (A) Preparation of the financial aspects of prospectuses for 

20 Service concession contracts. 

21 (B) Development of guidelines for a System capital improve22 ment and maintenance program for all concession occupied facili23 ties. 

24 (C) Making recommendations to the Director regarding the con25 duct of annual audits of concession fee expenditures. 

26 (b) OTHER MANAGEMENT ELEMENTS.—The Secretary shall consider, 

27 taking into account the recommendations of the Advisory Board, contracting 

28 out other elements of the concessions management program, as appropriate. 

29 (c) AUTHORITY OF SECRETARY NOT DIMINISHED.—Nothing in this sec30 tion shall diminish the governmental responsibilities and authority of the 

31 Secretary to administer concession contracts and activities pursuant to this 

32 subchapter and chapter 1003 and sections 100901(a), 100906, 102101, and 

33 102102 of this title. The Secretary reserves the right to make the final deci34 sion or contract approval on contracting services dealing with the manage35 ment of the Service concessions program under this section. 

36 § 101921. Multiple contracts within a System unit 

37 If multiple concession contracts are awarded to authorize concessioners 

38 to provide the same or similar outfitting, guiding, river running, or other 

39 similar services at the same approximate location or resource within a Sys40 tem unit, the Secretary shall establish a comparable franchise fee structure 

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1 tions of any existing concession contract shall not be subject to modification 

2 or open to renegotiation by the Secretary because of an award of a new con3 tract at the same approximate location or resource. 

4 § 101922. Special rule for service contract to provide trans5 portation services 

6 Notwithstanding any other provision of law, a service contract entered 

7 into by the Secretary for the provision solely of transportation services in 

8 a System unit shall be not more than 10 years in length, including a base 

9 period of 5 years and an annual extension for an additional 5-year period 

10 based on satisfactory performance and approval by the Secretary. 

11 § 101923. Use of nonmonetary consideration in concession 

12 contracts 

13 Section 1302 of title 40 shall not apply to concession contracts awarded 

14 by the Secretary pursuant to this subchapter. 

15 § 101924. Recordkeeping requirements 

16 (a) IN GENERAL.—A concessioner and any subconcessioner shall keep 

17 such records as the Secretary may prescribe to enable the Secretary to de18 termine that all terms of a concession contract have been and are being 

19 faithfully performed. The Secretary and any authorized representative of the 

20 Secretary shall, for the purpose of audit and examination, have access to 

21 those records and to other records of the concessioner or subconcessioner 

22 pertinent to the concession contract and all terms and conditions of the con23 cession contract. 

24 (b) ACCESS TO RECORDS BY COMPTROLLER GENERAL.—The Comptroller 

25 General and any authorized representative of the Comptroller General shall, 

26 until the expiration of 5 calendar years after the close of the business year 

27 of each concessioner or subconcessioner, have access to and the right to ex28 amine any pertinent records described in subsection (a) of the concessioner 

29 or subconcessioner related to the contract involved. 

30 § 101925. Promotion of sale of Indian, Alaska Native, Native 

31 Samoan, and Native Hawaiian handicrafts 

32 (a) IN GENERAL.—Promoting the sale of authentic United States Indian, 

33 Alaskan Native, Native Samoan, and Native Hawaiian handicrafts relating 

34 to the cultural, historical, and geographic characteristics of System units is 

35 encouraged, and the Secretary shall ensure that there is a continuing effort 

36 to enhance the handicraft trade where it exists and establish the trade in 

37 appropriate areas where the trade does not exist. 

38 (b) EXEMPTION FROM FRANCHISE FEE.—In furtherance of the purposes 

39 of subsection (a), the revenue derived from the sale of United States Indian, 

40 Alaska Native, Native Samoan, and Native Hawaiian handicrafts shall be 

41 exempt from any franchise fee payments under this subchapter. 


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1 § 101926. Commercial use authorizations 

2 (a) IN GENERAL.—To the extent specified in this section, the Secretary, 

3 on request, may authorize a private person, corporation, or other entity to 

4 provide services to visitors to System units through a commercial use au5 thorization. A commercial use authorization shall not be considered to be 

6 a concession contract under this subchapter and no other section of this 

7 subchapter shall be applicable to a commercial use authorization except 

8 where expressly stated. 

9 (b) CRITERIA FOR ISSUANCE OF COMMERCIAL USE AUTHORIZATIONS.— 

10 (1) REQUIRED DETERMINATIONS.—The authority of this section may 

11 be used only to authorize provision of services that the Secretary deter12 mines— 

13 (A) will have minimal impact on resources and values of a Sys14 tem unit; and 

15 (B) are consistent with the purpose for which the System unit 

16 was established and with all applicable management plans and 

17 Service policies and regulations. 

18 (2) ELEMENTS OF COMMERCIAL USE AUTHORIZATION.—The Sec19 retary shall— 

20 (A) require payment of a reasonable fee for issuance of a com21 mercial use authorization, the fees to remain available without fur22 ther appropriation to be used, at a minimum, to recover associated 

23 management and administrative costs; 

24 (B) require that the provision of services under a commercial 

25 use authorization be accomplished in a manner consistent to the 

26 highest practicable degree with the preservation and conservation 

27 of System unit resources and values; 

28 (C) take appropriate steps to limit the liability of the United 

29 States arising from the provision of services under a commercial 

30 use authorization; 

31 (D) have no authority under this section to issue more commer32 cial use authorizations than are consistent with the preservation 

33 and proper management of System unit resources and values; and 

34 (E) shall establish other conditions for issuance of a commercial 

35 use authorization that the Secretary determines to be appropriate 

36 for the protection of visitors, provision of adequate and appro37 priate visitor services, and protection and proper management of 

38 System unit resources and values. 

39 (c) LIMITATIONS.—Any commercial use authorization shall be limited 

40 to— 


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1 (1) commercial operations with annual gross receipts of not more 

2 than $25,000 resulting from services originating and provided solely 

3 within a System unit pursuant to the commercial use authorization; 

4 (2) the incidental use of resources of the System unit by commercial 

5 operations that provide services originating and terminating outside the 

6 boundaries of the System unit; or 

7 (3)(A) uses by organized children’s camps, outdoor clubs, and non8 profit institutions (including back country use); and 

9 (B) other uses, as the Secretary determines to be appropriate. 

10 (d) NONPROFIT INSTITUTIONS.—Nonprofit institutions are not required 

11 to obtain commercial use authorizations unless taxable income is derived by 

12 the institution from the authorized use. 

13 (e) PROHIBITION ON CONSTRUCTION.—A commercial use authorization 

14 shall not provide for the construction of any structure, fixture, or improve15 ment on federally-owned land within the boundaries of a System unit. 

16 (f) DURATION.—The term of any commercial use authorization shall not 

17 exceed 2 years. No preferential right of renewal or similar provisions for re18 newal shall be granted by the Secretary. 

19 (g) OTHER CONTRACTS.—A person, corporation, or other entity seeking 

20 or obtaining a commercial use authorization shall not be precluded from 

21 submitting a proposal for concession contracts. 

22 § 101927. Regulations 

23 (a) IN GENERAL.—The Secretary shall prescribe regulations appropriate 

24 for the implementation of this subchapter. 

25 (b) CONTENTS.—The regulations— 

26 (1) shall include appropriate provisions to ensure that concession 

27 services and facilities to be provided in a System unit are not seg28 mented or otherwise split into separate concession contracts for the 

29 purposes of seeking to reduce anticipated annual gross receipts of a 

30 concession contract below $500,000; and 

31 (2) shall further define the term ‘‘United States Indian, Alaskan Na32 tive, and Native Hawaiian handicrafts’’ for the purposes of this sub33 chapter. 

34 CHAPTER 1021—PRIVILEGES, LEASES, RENTALS, AND 

35 PERMITS 

Sec. 

102101. General provisions. 

102102. Disposal of timber. 

102103. Authority of Secretary to enter into lease for buildings and associated property. 

102104. Maintenance and repair of Federal Government improvements under concession contracts. 

36 § 102101. General provisions 

37 (a) LIMITATION.— 


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1 (1) NO LEASE, RENTAL, OR PRIVILEGE THAT INTERFERES WITH

2 FREE ACCESS.—No natural curiosity, wonder, or object of interest shall 

3 be leased, rented, or granted to anyone on such terms as to interfere 

4 with free access by the public to any System unit. 

5 (2) EXCEPTION FOR GRAZING LIVESTOCK.—The Secretary, under 

6 such regulations and on such terms as the Secretary may prescribe, 

7 may grant the privilege to graze livestock within a System unit when, 

8 in the Secretary’s judgment, the use is not detrimental to the primary 

9 purpose for which the System unit was created. This paragraph does 

10 not apply to Yellowstone National Park. 

11 (b) ADVERTISING AND COMPETITIVE BIDS NOT REQUIRED.—The Sec12 retary may grant privileges, leases, and permits described in subsection (a) 

13 and enter into related contracts with responsible persons, firms, or corpora14 tions without advertising and without securing competitive bids. 

15 (c) ASSIGNMENT OR TRANSFER.— No contract, lease, permit, or privilege 

16 described in subsection (a) or (b) that is entered into or granted shall be 

17 assigned or transferred by the grantee, permittee, or licensee without the 

18 prior written approval of the Secretary. 

19 § 102102. Disposal of timber 

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

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

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

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

24 System unit. 

25 § 102103. Authority of Secretary to enter into lease for 

26 buildings and associated property 

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

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

29 advisable, and except as provided in subsection (b) and subject to subsection 

30 (c), may enter into a lease with any person or government entity for the 

31 use of buildings and associated property administered by the Secretary as 

32 part of the System. 

33 (b) PROHIBITED ACTIVITIES.—The Secretary may not use a lease under 

34 subsection (a) to authorize the lessee to engage in activities that are subject 

35 to authorization by the Secretary through a concession contract, commercial 

36 use authorization, or similar instrument. 

37 (c) USE.—Buildings and associated property leased under subsection 

38 (a)— 

39 (1) shall be used for an activity that is consistent with the purposes 

40 established by law for the System unit in which the building is located; 


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1 (2) shall not result in degradation of the purposes and values of the 

2 System unit; and 

3 (3) shall be compatible with Service programs. 

4 (d) RENTAL AMOUNTS.— 

5 (1) IN GENERAL.—With respect to a lease under subsection (a)— 

6 (A) payment of fair market value rental shall be required; and 

7 (B) section 1302 of title 40 shall not apply. 

8 (2) ADJUSTMENT.—The Secretary may adjust the rental amount as 

9 appropriate to take into account any amounts to be expended by the 

10 lessee for preservation, maintenance, restoration, improvement, or re11 pair and related expenses. 

12 (e) SPECIAL ACCOUNT.— 

13 (1) DEPOSITS.—Rental payments under a lease under subsection (a) 

14 shall be deposited in a special account in the Treasury. 

15 (2) AVAILABILITY.—Amounts in the special account shall be avail16 able until expended, without further appropriation, for infrastructure 

17 needs at System units, including— 

18 (A) facility refurbishment; 

19 (B) repair and replacement; 

20 (C) infrastructure projects associated with park resource protec21 tion; and 

22 (D) direct maintenance of the leased buildings and associated 

23 properties. 

24 (3) ACCOUNTABILITY AND RESULTS.—The Secretary shall develop 

25 procedures for the use of the special account that ensure accountability 

26 and demonstrated results consistent with this section and sections 

27 100101, 100503, 100506, 100901(b), 100902(1) and (2), 100909(a) 

28 and (d), 100910, 101301(1)(A) and (2) to (4), 101305, 101702(b) and 

29 (c), 101901(1), 102901, and 102902 of this title. 

30 (f) REGULATIONS.—The Secretary shall prescribe regulations imple31 menting this section that include provisions to encourage and facilitate com32 petition in the leasing process and provide for timely and adequate public 

33 comment. 

34 § 102104. Maintenance and repair of Federal Government 

35 improvements under concession contracts 

36 Privileges, leases, and permits granted by the Secretary for the use of 

37 land for the accommodation of System unit visitors, pursuant to sections 

38 100901(a), 100906, 102101, and 102102 of this title, may provide for the 

39 maintenance and repair of Federal Government improvements by the grant40 ee notwithstanding section 1302 of title 40 or any other provision of law. 


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1 CHAPTER 1023—SYSTEM UNIT RESOURCE PROTECTION 

Sec. 

102301. Definitions. 

102302. Liability. 

102303. Actions. 

102304. Use of recovered amounts. 

102305. Donations. 

2 § 102301. Definitions 

3 In this chapter: 

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

5 (A) compensation for— 

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

7 equivalent of a System unit resource; and 

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

9 unit resource pending its restoration or replacement or the 

10 acquisition of an equivalent resource; or 

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

12 unit resource cannot be replaced or restored; and 

13 (B) the cost of a damage assessment under section 102303(b) 

14 of this title. 

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

16 of actions taken by the Secretary to— 

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

18 System unit resource; 

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

20 loss, or injury; and 

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

22 loss, or injury. 

23 (3) SYSTEM UNIT RESOURCE.— 

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

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

26 of a System unit. 

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

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

29 § 102302. Liability 

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

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

32 United States for response costs and damages resulting from the destruc33 tion, loss, or injury. 

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

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

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1 sponse costs and damages resulting from the destruction, loss, or injury to 

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

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

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

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

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

7 injury to the System unit resource was caused solely by an act or omis8 sion of a third party, other than an employee or agent of the person; 

9 or 

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

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

12 (d) SCOPE.—Liability under this section is in addition to any other liabil13 ity that may arise under Federal or State law. 

14 § 102303. Actions 

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

16 General, on request of the Secretary after a finding by the Secretary of de17 struction, loss, or injury to a System unit resource or a finding that absent 

18 the undertaking of response costs, destruction, loss, or damage to a System 

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

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

21 section 102302 of this title for response costs and damages. The Secretary 

22 shall submit a request for the action to the Attorney General whenever a 

23 person or instrumentality may be liable for those costs and damages under 

24 section 102302 of this title. 

25 (b) RESPONSE ACTIONS AND ASSESSMENT OF DAMAGES.— 

26 (1) ACTIONS TO PREVENT OR MINIMIZE DESTRUCTION, LOSS, OR IN27 JURY.—The Secretary shall undertake all necessary actions to prevent 

28 or minimize the destruction, loss of, or injury to System unit resources, 

29 or to minimize the imminent risk of such destruction, loss, or injury. 

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

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

32 § 102304. Use of recovered amounts 

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

34 Secretary under this chapter or amounts recovered by the Federal Govern35 ment under any Federal, State, or local law or regulation or otherwise as 

36 a result of destruction, loss of, or injury to any System unit resource shall 

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

38 be used only as follows: 

39 (1) REIMBURSEMENT.—To reimburse response costs and damage as40 sessments by the Secretary or other Federal agencies as the Secretary 

41 considers appropriate. 


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1 (2) RESTORATION AND REPLACEMENT.—To restore, replace, or ac2 quire the equivalent of System unit resources that were the subject of 

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

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

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

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

7 subject to any limitations contained in the legislation authorizing the 

8 System unit. 

9 (b) EXCESS AMOUNTS.—Any amounts remaining after expenditures pur10 suant to paragraphs (1) and (2) of subsection (a) shall be deposited in the 

11 Treasury. 

12 § 102305. Donations 

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

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

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

16 without further Congressional action. 

17 CHAPTER 1025—VOLUNTEERS IN PARKS PROGRAMS 

Sec. 

102501. Establishment of program. 

102502. Incidental expenses. 

102503. Federal employee status for volunteers. 

102504. Authorization of appropriations. 

18 § 102501. Establishment of program 

19 The Secretary may recruit, train, and accept, without regard to chapter 

20 51 and subchapter III of chapter 53 of title 5 or regulations prescribed 

21 under that chapter or subchapter, the services of individuals without com22 pensation as volunteers for or in aid of interpretive functions or other visitor 

23 services or activities in and related to System units. In accepting those serv24 ices, the Secretary shall not permit the use of volunteers in hazardous duty 

25 or law enforcement work or in policymaking processes, or to displace any 

26 employee. The services of individuals whom the Secretary determines are 

27 skilled in performing hazardous activities may be accepted. 

28 § 102502. Incidental expenses 

29 The Secretary may provide for incidental expenses of volunteers, such as 

30 transportation, uniforms, lodging, and subsistence. 

31 § 102503. Federal employee status for volunteers 

32 (a) EMPLOYMENT STATUS OF VOLUNTEERS.—Except as otherwise pro33 vided in this section, a volunteer shall not be deemed a Federal employee 

34 and shall not be subject to the provisions of law relating to Federal employ35 ment, including those relating to hours of work, rates of compensation, 

36 leave, unemployment compensation, and Federal employee benefits. 


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1 (b) TORT CLAIMS.—For the purpose of sections 1346(b) and 2401(b) and 

2 chapter 171 of title 28, a volunteer under this chapter shall be deemed a 

3 Federal employee. 

4 (c) VOLUNTEERS DEEMED CIVIL EMPLOYEES.—For the purposes of sub5 chapter I of chapter 81 of title 5, volunteers under this chapter shall be 

6 deemed civil employees of the United States within the meaning of the term 

7 ‘‘employee’’ as defined in section 8101 of title 5, and subchapter I of chap8 ter 81 of title 5 shall apply. 

9 (d) COMPENSATION FOR LOSSES AND DAMAGES.—For the purpose of 

10 claims relating to damage to, or loss of, personal property of a volunteer 

11 incident to volunteer service, a volunteer under this chapter shall be deemed 

12 a Federal employee, and section 3721 of title 31 shall apply. 

13 § 102504. Authorization of appropriations 

14 There are authorized to be appropriated such amounts as are necessary 

15 to carry out this chapter, but not more than $3,500,000 shall be appro16 priated in any one year. 

17 CHAPTER 1027—MUSEUMS 

Sec. 

102701. Purpose. 

102702. Definition. 

102703. Authority of Secretary. 

102704. Review and approval. 

102705. Disposal of unnecessary or duplicate museum objects. 

18 § 102701. Purpose 

19 The purpose of this chapter is to increase the public benefits from muse20 ums established within System units and the Department of the Interior 

21 Museum as a means of informing the public concerning the areas and pre22 serving valuable objects and relics relating to the areas. 

23 § 102702. Definition 

24 (a) IN GENERAL.—In this chapter, the term ‘‘museum object’’ means an 

25 object that— 

26 (1) is eligible to be, or is made part of, a museum, library, or archive 

27 collection through a formal procedure, such as accessioning; and 

28 (2) is usually movable. 

29 (b) INCLUSIONS.—In this chapter, the term ‘‘museum object’’ includes a 

30 prehistoric or historic artifact, work of art, book, document, photograph, or 

31 natural history specimen. 

32 § 102703. Authority of Secretary 

33 Notwithstanding other provisions or limitations of law, the Secretary may 

34 perform the following functions in the manner that the Secretary considers 

35 to be in the public interest: 

36 (1) DONATIONS AND BEQUESTS.—The Secretary may accept dona37 tions and bequests of money or other personal property, and hold, use, 


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1 expend, and administer the money or other personal property for pur2 poses of this chapter. 

3 (2) PURCHASES.—The Secretary may purchase museum objects and 

4 other personal property at prices that the Secretary considers to be 

5 reasonable. 

6 (3) EXCHANGES.—The Secretary may make exchanges by accepting 

7 museum objects and other personal property and by granting in ex8 change for the museum objects or other personal property museum 

9 property under the administrative jurisdiction of the Secretary that no 

10 longer is needed or that may be held in duplicate among the museum 

11 properties administered by the Secretary. Exchanges shall be con12 summated on a basis that the Secretary considers to be equitable and 

13 in the public interest. 

14 (4) ACCEPTING LOANS OF PROPERTY.—The Secretary may accept 

15 the loan of museum objects and other personal property and pay trans16 portation costs incidental to the museum objects or other personal 

17 property. Loans shall be accepted on terms and conditions that the 

18 Secretary considers necessary. 

19 (5) LOANING PROPERTY.—The Secretary may loan to responsible 

20 public or private organizations, institutions, or agencies, without cost 

21 to the United States, such museum objects and other personal property 

22 as the Secretary shall consider advisable. Loans shall be made on terms 

23 and conditions that the Secretary considers necessary to protect the 

24 public interest in those properties. 

25 (6) TRANSFER OF MUSEUM OBJECTS.—The Secretary may transfer 

26 museum objects that the Secretary determines are no longer needed for 

27 museum purposes to qualified Federal agencies, including the Smithso28 nian Institution, that have programs to preserve and interpret cultural 

29 or natural heritage, and accept the transfer of museum objects for the 

30 purposes of this chapter from any other Federal agency, without reim31 bursement. The head of any other Federal agency may transfer, with32 out reimbursement, museum objects directly to the administrative juris33 diction of the Secretary for the purpose of this chapter. 

34 (7) DESTRUCTION OF MUSEUM OBJECTS.—The Secretary may de35 stroy or cause to be destroyed museum objects that the Secretary de36 termines to have no scientific, cultural, historic, educational, esthetic, 

37 or monetary value. 

38 (8) CONVEYANCE OF MUSEUM OBJECTS.—The Secretary may convey 

39 museum objects that the Secretary determines are no longer needed for 

40 museum purposes, without monetary consideration but subject to such 

41 terms and conditions as the Secretary considers necessary, to private 


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1 institutions exempt from Federal taxation under section 501(c)(3) of 

2 the Internal Revenue Code of 1986 (26 U.S.C. 501(c)(3)) and to non3 Federal governmental entities if the Secretary determines that the re4 cipient is dedicated to the preservation and interpretation of natural or 

5 cultural heritage and is qualified to manage the property, prior to any 

6 conveyance under this paragraph and paragraphs (6) and (7). 

7 § 102704. Review and approval 

8 The Secretary shall ensure that museum objects are treated in a careful 

9 and deliberate manner that protects the public interest. Prior to taking any 

10 action under section 102703(6), (7), or (8) of this title, the Secretary shall 

11 establish a systematic review and approval process, including consultation 

12 with appropriate experts, that meets the highest standards of the museum 

13 profession for all actions taken under section 102703(6), (7), or (8) of this 

14 title. 

15 § 102705. Disposal of unnecessary or duplicate museum ob16 jects 

17 The Secretary may dispose of objects no longer needed for the Depart18 ment of the Interior Museum or held in duplicate among museum properties 

19 and apply the proceeds to the purchase of museum objects and other per20 sonal property at reasonable prices. 

21 CHAPTER 1029—LAW ENFORCEMENT AND EMERGENCY 

22 ASSISTANCE 

Subchapter I—Law Enforcement 

Sec. 

102901. Law enforcement personnel within System. 

102902. Crime prevention assistance. 

Subchapter II—Emergency Assistance 

102911. Authority of Secretary to carry out certain activities. 

102912. Aid to visitors, grantees, permittees, or licensees in emergencies. 

23 Subchapter I—Law Enforcement 

24 § 102901. Law enforcement personnel within System 

25 (a) OFFICERS AND EMPLOYEES OF THE DEPARTMENT OF THE INTE26 RIOR.— 

27 (1) DESIGNATION AUTHORITY OF SECRETARY.—The Secretary, pur28 suant to standards prescribed in regulations by the Secretary, may des29 ignate certain officers or employees of the Department of the Interior 

30 who shall maintain law and order and protect individuals and property 

31 within System units. 

32 (2) POWERS AND DUTIES OF DESIGNEES.—In the performance of 

33 the duties described in paragraph (1), the designated officers or em34 ployees may— 

35 (A) carry firearms; 


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1 (B) make arrests without warrant for any offense against the 

2 United States committed in the presence of the officer or em3 ployee, or for any felony cognizable under the laws of the United 

4 States if the officer or employee has reasonable grounds to believe 

5 that the individual to be arrested has committed or is committing 

6 the felony, provided the arrests occur within the System or the in7 dividual to be arrested is fleeing from the System to avoid arrest; 

8 (C) execute any warrant or other process issued by a court or 

9 officer of competent jurisdiction for the enforcement of the provi10 sions of any Federal law or regulation issued pursuant to law aris11 ing out of an offense committed in the System or, where the indi12 vidual subject to the warrant or process is in the System, in con13 nection with any Federal offense; and 

14 (D) conduct investigations of offenses against the United States 

15 committed in the System in the absence of investigation of the of16 fenses by any other Federal law enforcement agency having inves17 tigative jurisdiction over the offense committed or with the concur18 rence of the other agency. 

19 (b) OTHER INDIVIDUALS.—The Secretary may designate officers and em20 ployees of any other Federal agency, or law enforcement personnel of a 

21 State or political subdivision of a State, when determined to be economical 

22 and in the public interest and with the concurrence of that agency, State, 

23 or subdivision, to— 

24 (1) act as special police officers in System units when supplemental 

25 law enforcement personnel may be needed; and 

26 (2) exercise the powers and authority provided by subparagraphs (A) 

27 to (D) of subsection (a)(2). 

28 (c) COOPERATION WITH STATES AND POLITICAL SUBDIVISIONS.—The 

29 Secretary may— 

30 (1) cooperate, within the System, with any State or political subdivi31 sion of a State in the enforcement of supervision of the laws or ordi32 nances of that State or subdivision; 

33 (2) mutually waive, in any agreement pursuant to paragraph (1) and 

34 subsection (b) or pursuant to subparagraphs (A) and (B) of subsection 

35 (a)(2) with any State or political subdivision of a State where State 

36 law requires the waiver and indemnification, all civil claims against all 

37 the other parties to the agreement and, subject to available appropria38 tions, indemnify and save harmless the other parties to the agreement 

39 from all claims by third parties for property damage or personal injury, 

40 that may arise out of the parties’ activities outside their respective ju41 risdictions under the agreement; and 


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1 (3) provide limited reimbursement, to a State or political subdivi2 sions of a State, in accordance with such regulations as the Secretary 

3 may prescribe, where the State has ceded concurrent legislative juris4 diction over the affected area of the System, for expenditures incurred 

5 in connection with its activities within the System that were rendered 

6 pursuant to subsection (b). 

7 (d) SUPPLEMENTAL AUTHORITY; DELEGATION OF SERVICE LAW EN8 FORCEMENT RESPONSIBILITIES NOT AUTHORIZED.—Subsections (b) and 

9 (c) supplement the law enforcement responsibilities of the Service and do 

10 not authorize the delegation of law enforcement responsibilities of the Serv11 ice to State and local governments. 

12 (e) SPECIAL POLICE OFFICERS NOT DEEMED FEDERAL EMPLOYEES.— 

13 (1) IN GENERAL.—Except as otherwise provided in this subsection, 

14 a law enforcement officer of a State or political subdivision of a State 

15 designated to act as a special police officer under subsection (b) shall 

16 not be deemed a Federal employee and shall not be subject to the pro17 visions of law relating to Federal employment, including those relating 

18 to hours of work, rates of compensation, leave, unemployment com19 pensation, and Federal benefits. 

20 (2) EXCEPTIONS.—A law enforcement officer of a State or political 

21 subdivision of a State, when acting as a special police officer under 

22 subsection (b), is deemed to be— 

23 (A) a Federal employee for purposes of sections 1346(b) and 

24 2401(b) and chapter 171 of title 28; and 

25 (B) a civil service employee of the United States within the 

26 meaning of the term ‘‘employee’’ as defined in section 8101 of title 

27 5, for purposes of subchapter I of chapter 81 of title 5, relating 

28 to compensation to Federal employees for work injuries, and the 

29 provisions of subchapter I of chapter 81 of title 5 shall apply. 

30 (f) FEDERAL INVESTIGATIVE JURISDICTION AND STATE CIVIL AND

31 CRIMINAL JURISDICTION NOT PREEMPTED.—This section and sections 

32 100101, 100503, 100506, 100901(b), 100902(1) and (2), 100909(a) and 

33 (d), 100910, 101301(1)(A) and (2) to (4), 101305, 101702(b) and (c), 

34 101901(1), 102103, and 102902 of this title shall not be construed or ap35 plied to limit or restrict the investigative jurisdiction of any Federal law en36 forcement agency other than the Service, and nothing shall be construed or 

37 applied to affect any right of a State or political subdivision of a State to 

38 exercise civil and criminal jurisdiction within the System. 

39 § 102902. Crime prevention assistance 

40 (a) RECOMMENDATIONS FOR IMPROVEMENT.—The Secretary shall direct 

41 the chief official responsible for law enforcement within the Service to— 


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1 (1) compile a list of System units with the highest rates of violent 

2 crime; 

3 (2) make recommendations concerning capital improvements, and 

4 other measures, needed within the System to reduce the rates of violent 

5 crime, including the rate of sexual assault; and 

6 (3) publish the information required by paragraphs (1) and (2) in 

7 the Federal Register. 

8 (b) DISTRIBUTION OF FUNDS.—Based on the recommendations and list 

9 issued pursuant to subsection (a), the Secretary shall distribute the funds 

10 authorized by subsection (d) throughout the System. Priority shall be given 

11 to areas with the highest rates of sexual assault. 

12 (c) USE OF FUNDS.—Funds provided under this section may be used— 

13 (1) to increase lighting within or adjacent to System units; 

14 (2) to provide emergency phone lines to contact law enforcement or 

15 security personnel in areas within or adjacent to System units; 

16 (3) to increase security or law enforcement personnel within or adja17 cent to System units; or 

18 (4) for any other project intended to increase the security and safety 

19 of System units. 

20 (d) AUTHORIZATION OF APPROPRIATIONS.—There is authorized to be ap21 propriated out of the Violent Crime Reduction Trust Fund not to exceed 

22 $10,000,000 for the Secretary to take all necessary actions to seek to re23 duce the incidence of violent crime in the System. 

24 Subchapter II—Emergency Assistance 

25 § 102911. Authority of Secretary to carry out certain activi26 ties 

27 To facilitate the administration of the System, the Secretary may render 

28 emergency rescue, firefighting, and cooperative assistance to nearby law en29 forcement and fire prevention agencies and for related purposes outside the 

30 System. 

31 § 102912. Aid to visitors, grantees, permittees, or licencees 

32 in emergencies 

33 (a) VISITORS.—The Secretary may aid visitors within a System unit in 

34 an emergency, when no other source is available for the procurement of food 

35 or supplies, by the sale, at cost, of food or supplies in quantities sufficient 

36 to enable the visitors to reach safely a point where food or supplies can be 

37 purchased. Receipts from the sales shall be deposited as a refund to the ap38 propriation current at the date of the deposit and shall be available for the 

39 purchase of similar food or supplies. 

40 (b) GRANTEES, PERMITTEES, AND LICENSEES.—The Secretary may in 

41 an emergency, when no other source is available for the immediate procureVerDate Mar 15 2010 21:07 Sep 23, 2010 Jkt 089200 PO 00000 Frm 00073 Fmt 6652 Sfmt 6221 E:\BILLS\H6161.IH H6161

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1 ment of supplies, materials, or special services, aid grantees, permittees, or 

2 licensees conducting operations for the benefit of the public in a System unit 

3 by the sale, at cost, including transportation and handling, of supplies, ma4 terials, or special services as may be necessary to relieve the emergency and 

5 ensure uninterrupted service to the public. Receipts from the sales shall be 

6 deposited as a refund to the appropriation current at the date of the deposit 

7 and shall be available for expenditure for System unit purposes. 

8 CHAPTER 1031—MINING ACTIVITY WITHIN SYSTEM 

9 UNITS 

Sec. 

103101. Findings and declaration of policy. 

103102. Preservation and management of System units by Secretary; promulgation of regulations. 

103103. Recordation of mining claims; publication of notice. 

103104. Report on finding or notification of potential damage to natural and historical landmarks. 

103105. Civil actions for just compensation by mining claim holders. 

103106. Acquisition of land by Secretary. 

103107. Financial disclosure by officer or employee of Secretary. 

10 § 103101. Findings and declaration of policy 

11 The Congress finds and declares that— 

12 (1) continued application of the mining laws of the United States to 

13 System units to which the mining laws apply conflicts with the pur14 poses for which the System units were established; and 

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

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

17 values. 

18 § 103102. Preservation and management of System units by 

19 Secretary; promulgation of regulations 

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

21 beauty of System units, and to further the purposes of chapter 1003 and 

22 sections 100901(a), 100906, 102101, and 102102 of this title and the indi23 vidual organic Acts for the System units, all activities resulting from the 

24 exercise of valid existing mineral rights on patented or unpatented mining 

25 claims within any System unit shall be subject to such regulations pre26 scribed by the Secretary as the Secretary considers necessary or desirable 

27 for the preservation and management of the System units. 

28 § 103103. Recordation of mining claims; publication of no29 tice 

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

31 sections 161 and 162, and chapters 12A and 16) that lie within the bound32 aries of System units that were not recorded with the Secretary within one 

33 year after September 28, 1976, shall be conclusively presumed to be aban34 doned and shall be void. The recordation does not render valid any claim 


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1 that was not valid on September 28, 1976, or that becomes invalid there2 after. 

3 § 103104. Report on finding or notification of potential dam4 age to natural and historical landmarks 

5 When the Secretary finds on the Secretary’s own motion or on being noti6 fied in writing by an appropriate scientific, historical, or archaeological au7 thority that a district, site, building, structure, or object that has been 

8 found to be nationally significant in illustrating natural history or the his9 tory of the United States and that has been designated as a natural or his10 toric landmark may be irreparably lost or destroyed in whole or in part by 

11 any surface mining activity, including exploration for or removal or produc12 tion of minerals or materials, the Secretary shall notify the person con13 ducting the activity and submit a report on the findings or notification, in14 cluding the basis for the Secretary’s finding that the activity may cause ir15 reparable loss or destruction of a national landmark, to the Advisory Coun16 cil on Historic Preservation, with a request for advice of the Council as to 

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

18 or abate the activity. 

19 § 103105. Civil actions for just compensation by mining 

20 claim holders 

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

22 chapter that believes the holder has suffered a loss by operation of this 

23 chapter, or by orders or regulations issued pursuant to this chapter, may 

24 bring a civil action in United States district court to recover just compensa25 tion, which shall be awarded if the court finds that the loss constitutes a 

26 taking of property compensable under the Constitution. 

27 § 103106. Acquisition of land by Secretary 

28 Nothing in this chapter shall be construed to limit the authority of the 

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

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

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

32 Bay National Monument, Death Valley National Monument, Organ Pipe 

33 Cactus National Monument, or Mount McKinley National Park to sell the 

34 right or other property if the owner notifies the Secretary that the contin35 ued ownership of the right or property is causing, or would result in, undue 

36 hardship. 

37 § 103107. Financial disclosure by officer or employee of Sec38 retary 

39 (a) WRITTEN STATEMENTS.–Each officer or employee of the Secretary 

40 who— 


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

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

3 1342) concerning the regulation of mining in the System; and 

4 (2) has any known financial interest— 

5 (A) in any person subject to this chapter or any Act amended 

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

7 1342); or 

8 (B) in any person who holds a mining claim within the bound9 ary of any System unit; 

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

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

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

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

14 shall— 

15 (1) prescribe regulations that— 

16 (A) define the term ‘‘known financial interest’’ for purposes of 

17 subsection (a); and 

18 (B) establish the methods by which the requirement to file writ19 ten statements specified in subsection (a) will be monitored and 

20 enforced, including appropriate provisions for the filing by the offi21 cers and employees of the statements and the review by the Sec22 retary of the statements; and 

23 (2) submit to Congress on June 1 of each year a report with respect 

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

25 during the preceding calendar year. 

26 (c) EXEMPTIONS.—In the regulations prescribed under subsection (b), the 

27 Secretary may identify specific positions within the Department of the Inte28 rior that are of a nonregulatory or nonpolicymaking nature and provide that 

29 officers or employees occupying those positions shall be exempt from the re30 quirements of this section. 

31 CHAPTER 1033—LAND TRANFERS 

Sec. 

103301. Conveyance of property and interests in property in System units or related areas. 

32 § 103301. Conveyance of property and interests in property 

33 in System units or related areas 

34 (a) FREEHOLD AND LEASEHOLD INTERESTS.—With respect to any prop35 erty acquired by the Secretary within a System unit or related area, except 

36 property within national parks or within national monuments of scientific 

37 significance, the Secretary may convey a freehold or leasehold interest in the 

38 property, subject to such terms and conditions as will ensure the use of the 

39 property in a manner that is, in the judgment of the Secretary, consistent 

40 with the purpose for which the System unit or related area was authorized 


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1 by Congress. The Secretary shall convey the interest to the highest bidder, 

2 in accordance with such regulations as the Secretary may prescribe. The 

3 conveyance shall be at not less than the fair market value of the interest, 

4 as determined by the Secretary, except that if the conveyance is proposed 

5 within 2 years after the property to be conveyed is acquired by the Sec6 retary, the Secretary shall allow the last owner of record of the property 

7 30 days following the date on which the owner is notified by the Secretary 

8 in writing that the property is to be conveyed within which to notify the 

9 Secretary that the owner wishes to acquire the interest. On receiving the 

10 timely request, the Secretary shall convey the interest to the person, in ac11 cordance with such regulations as the Secretary may prescribe, on payment 

12 or agreement to pay an amount equal to the highest bid price. 

13 (b) EXCHANGE OF LAND.— 

14 (1) IN GENERAL.—The Secretary may accept title to any non-Fed15 eral property or interest in property within a System unit or related 

16 area under the Secretary’s administration in exchange for any Feder17 ally-owned property or interest under the Secretary’s jurisdiction that 

18 the Secretary determines is suitable for exchange or other disposal and 

19 that is located in the same State as the non-Federal property to be ac20 quired. 

21 (2) EXCEPTION.—Timberland subject to harvest under a sustained 

22 yield program shall not be exchanged under paragraph (1). 

23 (3) PUBLIC HEARING.—On request of a State or a political subdivi24 sion thereof, or of a party in interest, prior to an exchange under this 

25 subsection the Secretary shall hold a public hearing in the area where 

26 the properties to be exchanged are located. 

27 (4) VALUES OF PROPERTIES EXCHANGED.—The values of the prop28 erties exchanged— 

29 (A) shall be approximately equal; or 

30 (B) if they are not approximately equal, shall be equalized by 

31 the payment of cash to the grantor from funds appropriated for 

32 the acquisition of land for the area, or to the Secretary, as the 

33 circumstances require. 

34 (c) SOLID WASTE DISPOSAL OPERATIONS.— 

35 (1) IN GENERAL—To protect the air, land, water, and natural and 

36 cultural values of the System and the property of the United States 

37 in the System, no solid waste disposal site (including any site for the 

38 disposal of domestic or industrial solid waste) may be operated within 

39 the boundary of any System unit, other than— 

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


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1 (B) a site used only for disposal of waste generated within that 

2 System unit so long as the site will not degrade any of the natural 

3 or cultural resources of the System unit. 

4 (2) REGULATIONS.—The Secretary shall prescribe regulations to 

5 carry out this subsection, including reasonable regulations to mitigate 

6 the adverse effects of solid waste disposal sites in operation as of Sep7 tember 1, 1984, on property of the United States. 

8 (d) PROCEEDS CREDITED TO LAND AND WATER CONSERVATION

9 FUND.—The proceeds received from any conveyance under this section shall 

10 be credited to the Land and Water Conservation Fund. 

11 CHAPTER 1035—APPROPRIATIONS AND ACCOUNTING 

Sec. 

103501. Availability and use of appropriations. 

103502. Appropriations authorized and available for certain purposes. 

103503. Amounts provided by private entities for utility services. 

103504. Recovery of costs associated with special use permits. 

12 § 103501. Availability and use of appropriations 

13 (a) CREDITS OF RECEIPTS FOR MEALS AND QUARTERS FURNISHED

14 FEDERAL GOVERNMENT EMPLOYEES IN THE FIELD.—Cash collections and 

15 payroll deductions made for meals and quarters furnished by the Service to 

16 employees of the Federal Government in the field and to cooperating agen17 cies may be credited as a reimbursement to the current appropriation for 

18 the administration of the System unit in which the accommodations are fur19 nished. 

20 (b) AVAILABILITY FOR EXPENSE OF RECORDING DONATED LAND.—Ap21 propriations made for the Service shall be available for any expenses inci22 dent to the preparation and recording of title evidence covering land to be 

23 donated to the United States for administration by the Service. 

24 (c) USE OF FUNDS FOR LAW ENFORCEMENT AND EMERGENCIES.— 

25 (1) IN GENERAL.—Funds, not to exceed $250,000 per incident, 

26 available to the Service may be used, with the approval of the Sec27 retary, to— 

28 (A) maintain law and order in emergency and other unforeseen 

29 law enforcement situations; and 

30 (B) conduct emergency search and rescue operations in the Sys31 tem. 

32 (2) REPLENISHMENT OF FUNDS.—If the Secretary expends funds 

33 under paragraph (1), the funds shall be replenished by a supplemental 

34 appropriation for which the Secretary shall make a request as promptly 

35 as possible. 

36 (d) CONTRIBUTION FOR ANNUITY BENEFITS.— 

37 (1) IN GENERAL.—Necessary amounts are appropriated for reim38 bursement, pursuant to the Policemen and Firemen’s Retirement and 


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1 Disability Act amendments of 1957 (Public Law 85–157, 71 Stat. 

2 391), to the District of Columbia on a monthly basis for benefit pay3 ments by the District of Columbia to United States Park Police annu4 itants under section 12 of the Policemen and Firemen’s Retirement 

5 and Disability Act (ch. 433, 39 Stat. 718), to the extent that those 

6 payments exceed contributions made by active Park Police members 

7 covered under the Policemen and Firemen’s Retirement and Disability 

8 Act. 

9 (2) NONAVAILABILITY OF APPROPRIATIONS TO THE SERVICE.—Ap10 propriations made to the Service are not available for the purpose of 

11 making reimbursements under paragraph (1). 

12 (e) WATERPROOF FOOTWEAR.—Appropriations for the Service that are 

13 available for the purchase of equipment may be used for purchase of water14 proof footwear, which shall be regarded and listed as System equipment. 

15 § 103502. Appropriations authorized and available for cer16 tain purposes 

17 Appropriations for the Service are authorized and are available for— 

18 (1)(A) necessary protection of the area of federally owned land in the 

19 custody of the Service known as the Ocean Strip and Queets Corridor, 

20 adjacent to Olympic National Park, Washington; 

21 (B) necessary repairs to the roads from Glacier Park Station 

22 through the Blackfeet Indian Reservation to the various points in the 

23 boundary line of Glacier National Park, Montana, and the international 

24 boundary; 

25 (C) repair and maintenance of approximately 2.77 miles of road 

26 leading from United States Highway 187 to the north entrance of 

27 Grand Teton National Park, Wyoming; 

28 (D) maintenance of approach roads through the Lassen National 

29 Forest leading to Lassen Volcanic National Park, California; 

30 (E) maintenance and repair of the Generals Highway between the 

31 boundaries of Sequoia National Park, California, and the Grant Grove 

32 section of Kings Canyon National Park, California; 

33 (F) maintenance of approximately 2.25 miles of roads comprising the 

34 portions of the Fresno-Kings Canyon approach road, Park Ridge Look35 out Road, and Ash Mountain-Advance truck trail necessary to the ad36 ministration and protection of Sequoia National Park and Kings Can37 yon National Park; 

38 (G) maintenance of the roads in the national forests leading out of 

39 Yellowstone National Park, Wyoming, Idaho, and Montana; 


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1 (H) maintenance of the road in the Stanislaus National Forest con2 necting the Tioga Road with the Hetch Hetchy Road near Mather Sta3 tion, Yosemite National Park, California; 

4 (I) maintenance and repair of the approach road to the Little Big5 horn Battlefield National Monument and the road connecting that 

6 monument with the Reno Monument site, Montana; and 

7 (J) repair and maintenance of the class C road lying between the 

8 terminus of F.A. 383 at the east boundary of Coronado National For9 est and the point where that class C road enters Coronado National 

10 Memorial in the vicinity of Montezuma Pass, approximately 5.3 miles; 

11 (2) administration, protection, improvement, and maintenance of 

12 areas, under the jurisdiction of other Federal agencies, that are devoted 

13 to recreational use pursuant to cooperative agreements; 

14 (3) necessary local transportation and subsistence in kind of individ15 uals selected for employment or as cooperators, serving without other 

16 compensation, while attending fire protection training camps; 

17 (4) administration, protection, maintenance, and improvement of the 

18 Chesapeake and Ohio Canal; 

19 (5) educational lectures in or in the vicinity of and with respect to 

20 System units, and services of field employees in cooperation with such 

21 nonprofit scientific and historical societies engaged in educational work 

22 in System units as the Secretary may designate; 

23 (6) travel expenses of employees attending— 

24 (A) Federal Government camps for training in forest fire pre25 vention and suppression; 

26 (B) the Federal Bureau of Investigation National Police Acad27 emy; and 

28 (C) Federal, State, or municipal schools for training in building 

29 fire prevention and suppression; 

30 (7) investigation and establishment of water rights in accordance 

31 with local custom, laws, and decisions of courts, including the acquisi32 tion of water rights or of land or interests in land or rights-of-way for 

33 use and protection of water rights necessary or beneficial in the admin34 istration and public use of System units; 

35 (8) acquisition of rights-of-way and construction and maintenance of 

36 a water supply line partly outside the boundaries of Mesa Verde Na37 tional Park; 

38 (9) official telephone service in the field in the case of official tele39 phones installed in private houses when authorized under regulations 

40 established by the Secretary; and 


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1 (10) provision of transportation for children in nearby communities 

2 to and from any System unit used in connection with organized recre3 ation and interpretive programs of the Service. 

4 § 103503. Amounts provided by private entities for utility 

5 services 

6 Notwithstanding any other provision of law, amounts provided to the 

7 Service by private entities for utility services shall be credited to the appro8 priate account and remain available until expended. 

9 § 103504. Recovery of costs associated with special use per10 mits 

11 Notwithstanding any other provision of law, the Service may recover all 

12 costs of providing necessary services associated with special use permits. 

13 The reimbursements shall be credited to the appropriation current at that 

14 time. 

15 CHAPTER 1037—NATIONAL MILITARY PARKS 

Sec. 

103701. Military maneuvers. 

103702. Camps for military instruction. 

103703. Performance of duties of commissions. 

103704. Recovery of land withheld. 

103705. Travel expenses incident to study of battlefields. 

103706. Studies. 

16 § 103701. Military maneuvers 

17 To obtain practical benefits of great value to the country from the es18 tablishment of national military parks, the parks and their approaches are 

19 declared to be national fields for military maneuvers for the Regular Army 

20 or Regular Air Force and the National Guard or militia of the States. Na21 tional military parks shall be opened for those purposes only in the discre22 tion of the Secretary, and under such regulations as the Secretary may pre23 scribe. 

24 § 103702. Camps for military instruction 

25 (a) ASSEMBLING OF FORCES AND DETAILING OF INSTRUCTORS.—The 

26 Secretary of the Army or Secretary of the Air Force, within the limits of 

27 appropriations that may be available for that purpose, may assemble in 

28 camp at such season of the year and for such period as the Secretary of 

29 the Army or Secretary of the Air Force may designate, at the field of mili30 tary maneuvers, such portions of the military forces of the United States 

31 as the Secretary of the Army or Secretary of the Air Force may think best, 

32 to receive military instruction there. The Secretary of the Army of Secretary 

33 of the Air Force may detail instructors from the Regular Army or Regular 

34 Air Force, respectively, for those forces during their exercises. 

35 (b) REGULATIONS.—The Secretary of the Army or Secretary of the Air 

36 Force may prescribe regulations governing the assembling of the National 

37 Guard or militia of the States on the maneuvering grounds. 


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1 § 103703. Performance of duties of commissions 

2 The duties of commissions in charge of national military parks shall be 

3 performed under the direction of the Secretary. 

4 § 103704. Recovery of land withheld 

5 (a) CIVIL ACTION.—The United States may bring a civil action in the 

6 courts of the United States against a person to whom land lying within a 

7 national military park has been leased that refuses to give up possession of 

8 the land to the United States after the termination of the lease, and after 

9 possession has been demanded for the United States by the park super10 intendent, or against a person retaining possession of land lying within the 

11 boundary of a national military park that the person has sold to the United 

12 States for park purposes and received payment therefor, after possession of 

13 the land has been demanded for the United States by the park super14 intendent, to recover possession of the land withheld. The civil action shall 

15 be brought according to the statutes of the State in which the national mili16 tary park is situated. 

17 (b) TRESPASS.—A person described in subsection (a) shall be guilty of 

18 trespass. 

19 § 103705. Travel expenses incident to study of battlefields 

20 Mileage of officers of the Army and actual expenses of civilian employees 

21 traveling on duty in connection with the studies, surveys, and field investiga22 tions of battlefields shall be paid from the appropriations made to meet ex23 penses for those purposes. 

24 § 103706. Studies 

25 (a) STUDY OF BATTLEFIELDS FOR COMMEMORATIVE PURPOSES.—The 

26 Secretary of the Army may have made studies and investigations and, where 

27 necessary, surveys of all battlefields within the continental limits of the 

28 United States on which troops of the United States or of the original 13 

29 colonies have been engaged against a common enemy, with a view to pre30 paring a general plan and such detailed projects as may be required for 

31 properly commemorating such battlefields or other adjacent points of his32 toric and military interest. 

33 (b) INCLUSION OF ESTIMATE OF COST OF PROJECTED SURVEYS IN AP34 PROPRIATION ESTIMATES.—The Secretary shall include annually in the De35 partment of the Interior appropriation estimates a list of the battlefields for 

36 which surveys or other field investigations are planned for the fiscal year 

37 in question, with the estimated cost of making each survey or other field 

38 investigation. 

39 (c) PURCHASE OF REAL ESTATE FOR NATIONAL MILITARY PARK PUR40 POSES.—No real estate shall be purchased for national military park pur41 poses by the Federal Government unless a report on the real estate has been 


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1 made by the Secretary through the President to Congress under section 

2 103724 of this title. 

3 (d) REPORT TO CONGRESS.—The Secretary annually shall submit 

4 through the President to Congress a detailed report of progress made under 

5 this subchapter, with recommendations for further operations. 

6 CHAPTER 1039—MISCELLANEOUS 

Sec. 

103901. National Capital region arts and cultural affairs. 

103902. National Park System Advisory Board. 

103903. National Park Service Advisory Council. 

103904. Protecting the right of individuals to bear arms. 

103905. Limitation on extension or establishment of national parks in Wyoming. 

103906. Donations of land near or adjacent to national forest in North Carolina for System 

unit purposes. 

7 § 103901. National Capital region arts and cultural affairs 

8 (a) ESTABLISHMENT.—There is under the direction of the Service a pro9 gram to support and enhance artistic and cultural activities in the National 

10 Capital region. 

11 (b) GRANT ELIGIBILITY.— 

12 (1) ELIGIBLE ORGANIZATIONS.—Eligibility for grants shall be lim13 ited to organizations— 

14 (A) that are of demonstrated national significance; and 

15 (B) that meet at least 2 of the criteria stated in paragraph (2). 

16 (2) CRITERIA.—The criteria referred to in paragraph (1) are the fol17 lowing: 

18 (A) The organization has an annual operating budget in excess 

19 of $1,000,000. 

20 (B) The organization has an annual audience or visitation of at 

21 least 200,000 people. 

22 (C) The organization has a paid staff of at least 100 individ23 uals. 

24 (D) The organization is eligible under 200102(5) of this title. 

25 (3) ORGANIZATIONS NOT ELIGIBLE.—Public or private colleges and 

26 universities are not eligible for grants under the program under this 

27 section. 

28 (c) USE OF GRANTS.—Grants awarded under this section may be used 

29 to support general operations and maintenance, security, or special projects. 

30 No organization may receive a grant in excess of $500,000 in a single year. 

31 (d) RESPONSBILITIES OF DIRECTOR.—The Director shall— 

32 (1) establish an application process; 

33 (2) appoint a review panel of 5 qualified individuals, at least a ma34 jority of whom reside in the National Capital region; and 

35 (3) develop other program guidelines and definitions as required. 


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1 (e) FORD’S THEATER AND WOLF TRAP NATIONAL PARK FOR THE PER2 FORMING ARTS.—The contractual amounts required for the support of 

3 Ford’s Theater and Wolf Trap National Park for the Performing Arts shall 

4 be available within the amount provided in this section without regard to 

5 any other provision of this section. 

6 § 103902. National Park System Advisory Board 

7 (a) DEFINITION.—In this section, the term ‘‘Board’’ means the National 

8 Park System Advisory Board established under subsection (b). 

9 (b) ESTABLISHMENT AND PURPOSE.—There is a National Park System 

10 Advisory Board, whose purpose is to advise the Director on matters relating 

11 to the Service, the System, and programs administered by the Service. The 

12 Board shall advise the Director on matters submitted to the Board by the 

13 Director as well as any other issues identified by the Board. 

14 (c) MEMBERSHIP.— 

15 (1) APPOINTMENT AND TERM OF OFFICE.—Members of the Board 

16 shall be appointed on a staggered term basis by the Secretary for a 

17 term not to exceed 4 years and shall serve at the pleasure of the Sec18 retary. 

19 (2) COMPOSITION.—The Board shall be comprised of no more than 

20 12 persons, appointed from among citizens of the United States having 

21 a demonstrated commitment to the mission of the Service. Board mem22 bers shall be selected to represent various geographic regions, including 

23 each of the administrative regions of the Service. At least 6 of the 

24 members shall have outstanding expertise in one or more of the fol25 lowing fields: history, archaeology, anthropology, historical or landscape 

26 architecture, biology, ecology, geology, marine science, or social science. 

27 At least 4 of the members shall have outstanding expertise and prior 

28 experience in the management of national or State parks or protected 

29 areas, or national or cultural resources management. The remaining 

30 members shall have outstanding expertise in one or more of the areas 

31 described above or in another professional or scientific discipline, such 

32 as financial management, recreation use management, land use plan33 ning, or business management, important to the mission of the Service. 

34 At least one individual shall be a locally elected official from an area 

35 adjacent to a park. 

36 (3) VACANCY.—Any vacancy in the Board shall not affect its powers, 

37 but shall be filled in the same manner in which the original appoint38 ment was made. 

39 (4) COMPENSATION.—All members of the Board shall be reimbursed 

40 for travel and per diem in lieu of subsistence expenses during the per41 formance of duties of the Board while away from home or their regular 


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1 place of business, in accordance with subchapter I of chapter 57 of title 

2 5. With the exception of travel and per diem, a member of the Board 

3 who otherwise is an officer or employee of the United States Govern4 ment shall serve on the Board without additional compensation. 

5 (d) DUTIES AND POWERS OF BOARD.— 

6 (1) ADOPT RULES.—The Board may adopt such rules as may be nec7 essary to establish its procedures and to govern the manner of its oper8 ations, organization, and personnel. 

9 (2) ADVICE AND RECOMMENDATIONS.—The Board shall advise the 

10 Secretary on matters relating to the System, to other related areas, 

11 and to the administration of chapter 2001 of this title, including mat12 ters submitted to it for consideration by the Secretary, but it shall not 

13 be required to provide recommendations as to the suitability or desir14 ability of surplus real and related personal property for use as an his15 toric monument. The Board shall also provide recommendations on the 

16 designation of national historic landmarks and national natural land17 marks. The Board is strongly encouraged to consult with the major 

18 scholarly and professional organizations in the appropriate disciplines 

19 in making the recommendations. 

20 (3) ACTIONS ON REQUEST OF DIRECTOR.—On request of the Direc21 tor, the Board is authorized to— 

22 (A) hold such hearings and sit and act at such times; 

23 (B) take such testimony; 

24 (C) have such printing and binding done; 

25 (D) enter into such contracts and other arrangements; 

26 (E) make such expenditures; and 

27 (F) take such other actions 

28 as the Board may consider advisable. 

29 (4) OATHS OR AFFIRMATIONS.—Any member of the Board may ad30 minister oaths or affirmations to witnesses appearing before the Board. 

31 (5) COMMITTEES AND SUBCOMMITTEES.—The Board may establish 

32 committees or subcommittees. The subcommittees or committees shall 

33 be chaired by a voting member of the Board. 

34 (6) USE OF MAILS.—The Board may use the United States mails in 

35 the same manner and under the same conditions as other departments 

36 and agencies in the United States. 

37 (e) STAFF.—The Secretary may hire 2 full-time staffers to meet the 

38 needs of the Board. 

39 (f) FEDERAL LAW NOT APPLICABLE TO SERVICE.—Service as a member 

40 of the Board shall not be deemed service or employment bringing the indi41 vidual within the provisions of any Federal law relating to conflicts of interVerDate Mar 15 2010 21:07 Sep 23, 2010 Jkt 089200 PO 00000 Frm 00085 Fmt 6652 Sfmt 6221 E:\BILLS\H6161.IH H6161

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1 est or otherwise imposing restrictions, requirements, or penalties relating to 

2 the employment of individuals, the performance of services, or the payment 

3 or receipt of compensation in connection with claims, proceedings, or mat4 ters involving the United States. Service as a member or an employee of 

5 the Board shall not be deemed service in an appointive or elective position 

6 in the Federal Government for purposes of section 8344 of title 5 or com7 parable provisions of Federal law. 

8 (g) COOPERATION OF FEDERAL AGENCIES.— 

9 (1) INFORMATION.—The Board may secure directly from any office, 

10 department, agency, establishment, or instrumentality of the Federal 

11 Government such information as the Board may require for the pur12 pose of this section, and each office, department, agency, establish13 ment, or instrumentality shall furnish, to the extent permitted by law, 

14 the information, suggestions, estimates, and statistics directly to the 

15 Board, on request made by a member of the Board. 

16 (2) FACILITIES AND SERVICES.—On request of the Board, the head 

17 of any Federal department, agency, or instrumentality may make any 

18 of the facilities and services of the department, agency, or instrumen19 tality available to the Board, on a nonreimbursable basis, to assist the 

20 Board in carrying out its duties under this section. 

21 (h) FEDERAL ADVISORY COMMITTEE ACT.—The Federal Advisory Com22 mittee Act (5 U.S.C. App.), with the exception of section 14(b), applies to 

23 the Board. 

24 (i) TERMINATION.—The Board continues to exist until January 1, 2010. 

25 § 103903. National Park Service Advisory Council 

26 (a) DEFINITIONS.—In this section: 

27 (1) BOARD.—The term ‘‘Board’’ means the National Park System 

28 Advisory Board established under section 103902 of this title. 

29 (2) COUNCIL.—The term ‘‘Council’’ means the National Park Serv30 ice Advisory Council established under subsection (b). 

31 (b) ESTABLISHMENT AND PURPOSE.—There is a National Park Service 

32 Advisory Council that shall provide advice and counsel to the Board. 

33 (c) MEMBERSHIP.— 

34 (1) ELIGIBILITY.—Membership on the Council shall be limited to in35 dividuals whose term on the Board has expired. Those individuals may 

36 serve as long as they remain active except that not more than 12 mem37 bers may serve on the Council at any one time. 

38 (2) COMPENSATION.—Members of the Council shall receive no salary 

39 but may be paid expenses incidental to travel when engaged in dis40 charging their duties as members. 


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1 (d) VOTING RESTRICTION.—Members of the Council shall not have a vote 

2 on the Board. 

3 § 103904. Protecting the right of individuals to bear arms 

4 (a) FINDINGS.—Congress finds the following: 

5 (1) The Second Amendment to the Constitution provides that ‘‘the 

6 right of the people to keep and bear Arms, shall not be infringed’’. 

7 (2) Section 2.4(a)(1) of title 36, Code of Federal Regulations, pro8 vides that ‘‘except as otherwise provided in this section and parts 7 

9 (special regulations) and 13 (Alaska regulations), the following are pro10 hibited: (i) Possessing a weapon, trap or net (ii) Carrying a weapon, 

11 trap or net (iii) Using a weapon, trap or net’’. 

12 (3) The regulations described in paragraph (2) prevent individuals 

13 complying with Federal and State laws from exercising the Second 

14 amendment rights of the individuals while at System units. 

15 (4) The existence of different laws relating to the transportation and 

16 possession of firearms at different System units entrapped law-abiding 

17 gun owners while at System units. 

18 (5) Although the Bush administration issued new regulations relat19 ing to the Second Amendment rights of law-abiding citizens in System 

20 units that went into effect on January 9, 2009— 

21 (A) on March 19, 2009, the United States District Court for 

22 the District of Columbia granted a preliminary injunction with re23 spect to the implementation and enforcement of the new regula24 tions; and 

25 (B) the new regulations— 

26 (i) are under review by the Obama administration; and 

27 (ii) may be altered. 

28 (6) Congress needs to weigh in on the new regulations to ensure that 

29 unelected bureaucrats and judges cannot again override the Second 

30 Amendment rights of law-abiding citizens on 83,600,000 acres of Sys31 tem land. 

32 (7) Federal laws should make it clear that the Second amendment 

33 rights of an individual at a System unit should not be infringed. 

34 (b) PROTECTING THE RIGHT OF INDIVIDUALS TO BEAR ARMS IN SYS35 TEM UNITS.——The Secretary shall not promulgate or enforce any regula36 tion that prohibits an individual from possessing a firearm, including an as37 sembled or functional firearm, in any System unit if— 

38 (1) the individual is not otherwise prohibited by law from possessing 

39 the firearm; and 

40 (2) the possession of the firearm is in compliance with the law of 

41 the State in which the System Unit is located. 


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1 § 103905. Limitation on extension or establishment of na2 tional parks in Wyoming 

3 No extension or establishment of national parks in Wyoming may be un4 dertaken except by express authorization of Congress. 

5 § 103906. Donations of land near or adjacent to national for6 est in North Carolina for System unit purposes 

7 The Secretary may accept for System unit purposes any land and right8 of-way, including the Grandfather Mountain, near or adjacent to the na9 tional forest in western North Carolina. 

10 DIVISION B—OUTDOOR RECREATION 

11 PROGRAMS 

12 CHAPTER 1051—COORDINATION OF PROGRAMS 

Sec. 

105101. Definitions. 

105102. Findings and declaration of policy. 

105103. Powers and duties of Secretary. 

105104. Consultations of Secretary with administrative officers; execution of administrative 

responsibilities in conformity with nationwide plan. 

13 § 105101. Definitions 

14 As used in this chapter: 

15 (1) STATE.—The term ‘‘State’’ may, to the extent practicable, in16 clude Puerto Rico, the Virgin Islands, Guam, American Samoa, and the 

17 Northern Mariana Islands. 

18 (2) UNITED STATES.—The term ‘‘United States’’— 

19 (A) shall include the District of Columbia; and 

20 (B) may, to the extent practicable, include Puerto Rico, the Vir21 gin Islands, Guam, American Samoa, and the Northern Mariana 

22 Islands. 

23 § 105102. Findings and declaration of policy 

24 Congress finds and declares it to be desirable that— 

25 (1) all American people of present and future generations be assured 

26 adequate outdoor recreation resources; and 

27 (2) it is desirable for all levels of government and private interests 

28 to take prompt and coordinated action to the extent practicable without 

29 diminishing or affecting their respective powers and functions to con30 serve, develop, and utilize those resources for the benefit and enjoyment 

31 of the American people. 

32 § 105103. Powers and duties of Secretary 

33 To carry out this chapter, the Secretary may perform the following func34 tions and activities: 

35 (1) INVENTORY AND EVALUATION.—The Secretary may prepare and 

36 maintain a continuing inventory and evaluation of outdoor recreation 

37 needs and resources of the United States. 


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1 (2) CLASSIFICATION SYSTEM.—The Secretary may prepare a system 

2 for classification of outdoor recreation resources to assist in the effec3 tive and beneficial use and management of such resources. 

4 (3) RECREATION PLAN.—The Secretary may formulate and maintain 

5 a comprehensive nationwide outdoor recreation plan, taking into consid6 eration the plans of the various Federal agencies, States, and their po7 litical subdivisions. The plan shall set forth the needs and demands of 

8 the public for outdoor recreation and the current and foreseeable avail9 ability in the future of outdoor recreation resources to meet those 

10 needs. The plan shall identify critical outdoor recreation problems, rec11 ommend solutions, and recommend desirable actions to be taken at 

12 each level of government and by private interests. The Secretary shall 

13 submit the plan to the President for transmittal to Congress. Revisions 

14 of the plan shall be similarly transmitted at succeeding 5-year intervals. 

15 When a plan or revision is transmitted to the Congress, the Secretary 

16 shall transmit copies to the chief executive officers of the States. 

17 (4) TECHNICAL ASSISTANCE AND ADVICE.—The Secretary may pro18 vide technical assistance and advice to and cooperate with States, polit19 ical subdivisions, and private interests, including nonprofit organiza20 tions, with respect to outdoor recreation. 

21 (5) INTERSTATE AND REGIONAL COOPERATION.—The Secretary may 

22 encourage interstate and regional cooperation in the planning, acquisi23 tion, and development of outdoor recreation resources. 

24 (6) RESEARCH, INFORMATION, AND EDUCATION PROGRAMS AND AC25 TIVITIES.—The Secretary may— 

26 (A) sponsor, engage in, and assist in research relating to out27 door recreation, directly or by contract or cooperative agreements, 

28 and make payments for such purposes without regard to the limi29 tations of section 3324(a) and (b) of title 31 concerning advances 

30 of funds when the Secretary considers such action to be in the 

31 public interest; 

32 (B) undertake studies and assemble information concerning out33 door recreation, directly or by contract or cooperative agreement, 

34 and disseminate the information without regard to section 3204 of 

35 title 39; and 

36 (C) cooperate with educational institutions and others to assist 

37 in establishing education programs and activities and to encourage 

38 public use and benefits from outdoor recreation. 

39 (7) COOPERATION AND COORDINATION WITH FEDERAL DEPART40 MENTS AND AGENCIES.— 

41 (A) IN GENERAL.—The Secretary may— 


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1 (i) cooperate with and provide technical assistance to Fed2 eral departments and agencies and obtain from them informa3 tion, data, reports, advice, and assistance that are needed and 

4 can reasonably be furnished in carrying out the purposes of 

5 this chapter; and 

6 (ii) promote coordination of Federal plans and activities 

7 generally relating to outdoor recreation. 

8 (B) FUNDING.—Any department or agency furnishing advice or 

9 assistance under this paragraph may expend its own funds for 

10 those purposes, with or without reimbursement, as may be agreed 

11 to by that department or agency. 

12 (8) DONATIONS.—The Secretary may accept and use donations of 

13 money, property, personal services, or facilities for the purposes of this 

14 chapter. 

15 § 105104. Consultations of Secretary with administrative of16 ficers; execution of administrative responsibilities 

17 in conformity with nationwide plan 

18 To carry out the policy declared in section 105102 of this title, the heads 

19 of Federal departments and independent agencies having administrative re20 sponsibility over activities or resources the conduct or use of which is perti21 nent to fulfillment of that policy shall, individually or as a group— 

22 (1) consult with and be consulted by the Secretary from time to time 

23 both with respect to their conduct of those activities and their use of 

24 those resources and with respect to the activities that the Secretary 

25 carries on under authority of this chapter which are pertinent to their 

26 work; and 

27 (2) carry out that responsibility in general conformance with the na28 tionwide plan authorized under section 105103(3) of this title. 

29 CHAPTER 1053—LAND AND WATER CONSERVATION 

30 FUND 

Sec. 

105301. Purposes. 

105302. Definitions. 

105303. Establishment of Land and Water Conservation Fund. 

105304. Appropriations for expenditure of Fund amounts. 

105305. Admission and special recreation use fees. 

105306. Commercial filming. 

105307. Statement of estimated requirements. 

105308. Financial assistance to States. 

105309. Allocation of Fund amounts for Federal purposes. 

105310. Availability of Fund amounts for publicity purposes. 

105311. Contracts for acquisition of land and water. 

105312. Contracts for options to acquire land and water in System. 

105313. Transfers to and from Fund. 

31 § 105301. Purposes 

32 The purposes of this chapter are— 


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1 (1) to assist in preserving, developing, and ensuring accessibility to 

2 all citizens of the United States of present and future generations and 

3 visitors who are lawfully present within the boundaries of the United 

4 States such quality and quantity of outdoor recreation resources as 

5 may be available and are necessary and desirable for individual active 

6 participation in such recreation; and 

7 (2) to strengthen the health and vitality of the citizens of the United 

8 States by— 

9 (A) providing funds for and authorizing Federal assistance to 

10 the States in planning, acquisition, and development of needed 

11 land and water areas and facilities; and 

12 (B) providing funds for the Federal acquisition and development 

13 of certain land and other areas. 

14 § 105302. Definitions 

15 In this chapter: 

16 (1) FUND.—The term ‘‘Fund’’ means the Land and Water Con17 servation Fund established under section 105303 of this title. 

18 (2) STATE.—The term ‘‘State’’ means a State, the District of Co19 lumbia, Puerto Rico, the Virgin Islands, Guam, American Samoa, and 

20 the Northern Mariana Islands. 

21 § 105303. Establishment of Land and Water Conservation 

22 Fund 

23 (a) ESTABLISHMENT.—There is established in the Treasury the Land 

24 and Water Conservation Fund. 

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

26 shall be deposited in the Fund the following revenues and collections: 

27 (1) All proceeds (except so much thereof as may be otherwise obli28 gated, credited, or paid under authority of the provisions of law set 

29 forth in section 572(a) or 574(a) to (c) of title 40 or under authority 

30 of any appropriation Act that appropriates an amount, to be derived 

31 from proceeds from the transfer of excess property and the disposal of 

32 surplus property, for necessary expenses, not otherwise provided for, in33 cident to the utilization and disposal of excess and surplus property) 

34 received from any disposal of surplus real property and related personal 

35 property under chapter 5 of title 40, notwithstanding any provision of 

36 law that such proceeds shall be credited to miscellaneous receipts of the 

37 Treasury. Nothing in this chapter shall affect existing laws or regula38 tions concerning disposal of real or personal surplus property to 

39 schools, hospitals, and States and their political subdivisions. 

40 (2) The amounts provided for in section 105313 of this title. 

41 (c) AUTHORIZATION OF APPROPRIATIONS.— 


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1 (1) IN GENERAL.—In addition to the sum of the revenues and collec2 tions estimated by the Secretary to be deposited in the Fund pursuant 

3 to this section, there are authorized to be appropriated annually to the 

4 Fund out of any money in the Treasury not otherwise appropriated 

5 such amounts as are necessary to make the income of the Fund not 

6 less than $900,000,000 for each fiscal year through September 30, 

7 2015. 

8 (2) RECEIPTS UNDER OUTER CONTINENTAL SHELF LANDS ACT.—To 

9 the extent that amount appropriated under paragraph (1) are not suffi10 cient to make the total annual income of the Fund equivalent to the 

11 amounts provided in paragraph (1), an amount sufficient to cover the 

12 remainder shall be credited to the Fund from revenues due and payable 

13 to the United States for deposit in the Treasury as miscellaneous re14 ceipts under the Outer Continental Shelf Lands Act (43 U.S.C. 1331 

15 et seq.). 

16 (3) AVAILABILITY OF DEPOSITS.—Notwithstanding section 105303 

17 of this title, money deposited in the Fund under this subsection shall 

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

19 chapter. 

20 § 105304. Appropriations for expenditure of Fund amounts 

21 Amounts deposited in the Fund shall be available for expenditure for the 

22 purposes of this chapter only when appropriated therefor. The appropria23 tions may be made without fiscal-year limitation. Amounts made available 

24 for obligation or expenditure from the Fund may be obligated or expended 

25 only as provided in this chapter. 

26 § 105305. Admission and special recreation use fees 

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

28 CANNOT BE COLLECTED.— 

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

30 the Department of the Interior and Related Agencies Appropriations 

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

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

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

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

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

36 of deed restrictions. 

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

38 be retained by the Secretary and shall be available, without further ap39 propriation, for expenditure by the Secretary for the System unit with 

40 respect to which the amounts were collected for the purposes of en41 hancing the quality of the visitor experience, protection of resources, 


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1 repair and maintenance, interpretation, signage, habitat or facility en2 hancement, resource preservation, annual operation (including fee col3 lection), maintenance, and law enforcement. 

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

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

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

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

8 manner to be determined by the Director. 

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

10 FEES COLLECTED.— 

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

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

13 allocated among System units in accordance with subparagraph 

14 (B) of this subsection and 50 percent shall be allocated in accord15 ance with subparagraph (C). 

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

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

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

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

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

21 System unit during the prior fiscal year by the total operating ex22 penses at all System units during the prior fiscal year. 

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

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

25 year based on fees collected shall be a fraction of the total alloca26 tion to all System units under this paragraph. The fraction for 

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

28 admission fees collected under this section at that System unit 

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

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

31 prior fiscal year. 

32 (3) AVAILABILITY OF AMOUNTS.—Amounts allocated under this sub33 section to any System unit for any fiscal year and not expended in that 

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

35 until expended. 

36 (c) SELLING OF PERMITS.— 

37 (1) AUTHORITY TO SELL PERMITS.—When authorized by the Sec38 retary, volunteers at System units may sell permits and collect fees au39 thorized or established pursuant to this section. The Secretary shall en40 sure that the volunteers have adequate training regarding— 

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


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

2 they are assigned; and 

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

4 System unit. 

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

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

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

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

9 public or private entities pursuant to which the entities may sell (with10 out cost to the United States) annual admission permits (including 

11 Golden Eagle Passports) at any appropriate location. The arrange12 ments shall require each such entity to reimburse the United States for 

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

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

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

16 SYSTEM UNITS.— 

17 (1) CHARGE WHEN TRANSPORTATION PROVIDED.—Where the Serv18 ice provides transportation to view all or a portion of any System unit, 

19 the Director may impose a charge for the service in lieu of an admis20 sion fee under this section. 

21 (2) RETENTION OF CHARGE AND USE OF RETAINED AMOUNT.—Not22 withstanding any other provision of law, half of the charges imposed 

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

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

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

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

27 of transportation systems at the System unit where the charge was im28 posed. The remaining 50 percent of the retained amount shall be ex29 pended only for activities related to resource protection at those System 

30 units. 

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

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

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

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

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

36 be imposed. 

37 (f) COMMERCIAL TOUR USE FEES.— 

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

39 admission fee is charged under this section, the Secretary shall estab40 lish a commercial tour use fee to be imposed on each vehicle entering 


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

2 within the System unit. 

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

4 entry as follows: 

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

6 25 individual or less. 

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

8 than 25 individuals. 

9 (3) ADJUSTMENTS.—The Secretary may periodically make reason10 able adjustments to the commercial tour use fee imposed under this 

11 subsection. 

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

13 under this subsection shall not apply to the following: 

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

15 conducted for educational purposes by schools or other bona fide 

16 educational institutions. 

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

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

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

20 the airspace of— 

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

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

23 tourist viewpoint in Haleakala ̄ National Park or of Grand Canyon 

24 National Park; or 

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

26 commercial tour services if the Secretary determines that the level 

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

28 units specified in subparagraph (A). 

29 § 105306. Commercial filming 

30 (a) COMMERCIAL FILMING FEE.— 

31 (1) IN GENERAL.—The Secretary shall require a permit and shall es32 tablish a reasonable fee for commercial filming activities or similar 

33 projects on Federal land administered by the Secretary. The fee shall 

34 provide a fair return to the United States and shall be based on the 

35 following criteria: 

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

37 takes place on Federal land under the Secretary’s jurisdiction. 

38 (B) The size of the film crew present on Federal land under the 

39 Secretary’s jurisdiction. 

40 (C) The amount and type of equipment present. 


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1 (2) OTHER FACTORS TO BE INCLUDED.—The Secretary may include 

2 other factors in determining an appropriate fee as the Secretary con3 siders necessary. 

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

5 as a result of filming activities or similar project, including administrative 

6 and personnel costs. All costs recovered shall be in addition to the fee as7 sessed in subsection (a). 

8 (c) STILL PHOTOGRAPHY.— 

9 (1) IN GENERAL.—Except as provided in paragraph (2), the Sec10 retary shall not require a permit or assess a fee for still photography 

11 on land administered by the Secretary if the photography takes place 

12 where members of the public are generally allowed. The Secretary may 

13 require a permit, fee, or both, if the photography takes place at other 

14 locations where members of the public are generally not allowed, or 

15 where additional administrative costs are likely. 

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

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

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

19 facilities. 

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

21 filming, still photography or other related activity if the Secretary deter22 mines that— 

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

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

25 and enjoyment of the site; or 

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

27 (e) USE OF PROCEEDS.— 

28 (1) IN GENERAL.—All fees collected under this section shall be avail29 able for expenditure by the Secretary, without further appropriation, in 

30 accordance with the formula and purposes established for the Rec31 reational Fee Demonstration Program authorized by section 315 of the 

32 Department of the Interior and Related Agencies Appropriations Act, 

33 1996 (110 Stat. 1321–200). All fees collected shall remain available 

34 until expended. 

35 (2) AVAILABLE FOR EXPENDITURE WHERE COLLECTED.—All costs 

36 recovered under this section shall be available for expenditure by the 

37 Secretary, without further appropriation, at the site where collected. All 

38 costs recovered shall remain available until expended. 

39 (f) PROCESSING OF PERMIT APPLICATIONS.—The Secretary shall estab40 lish a process to ensure that permit applicants for commercial filming, still 

41 photography, or other activity are responded to in a timely manner. 


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1 § 105307. Statement of estimated requirements 

2 There shall be submitted with the annual budget of the United States a 

3 comprehensive statement of estimated requirements during the ensuing fis4 cal year for appropriations from the Fund. Not less than 40 percent of such 

5 appropriations shall be available for Federal purposes. 

6 § 105308. Financial assistance to States 

7 (a) AUTHORITY OF SECRETARY TO MAKE PAYMENTS.—The Secretary 

8 may provide financial assistance to the States from amounts available for 

9 State purposes. Payments may be made to the States by the Secretary as 

10 provided in this section, subject to such terms and conditions as the Sec11 retary considers appropriate and in the public interest to carry out the pur12 poses of this chapter, for outdoor recreation: 

13 (1) Planning. 

14 (2) Acquisition of land, water, or interests in land or water. 

15 (3) Development. 

16 (b) APPORTIONMENT AMONG STATES.—Amounts appropriated and avail17 able for State purposes for each fiscal year shall be apportioned among the 

18 States by the Secretary, whose determination shall be final, in accordance 

19 with the following formula: 

20 (1) Forty percent of the first $225,000,000; 30 percent of the next 

21 $275,000,000; and 20 percent of all additional appropriations shall be 

22 apportioned equally among the States. 

23 (2) At any time, the remaining appropriation shall be apportioned 

24 on the basis of need to individual States by the Secretary in such 

25 amounts as in the Secretary’s judgment will best accomplish the pur26 poses of this chapter. The determination of need shall include a consid27 eration of—– 

28 (A) the proportion that the population of each State bears to 

29 the total population of the United States; 

30 (B) of the use of outdoor recreation resources of individual 

31 States by persons from outside the State; and 

32 (C) the Federal resources and programs in the particular 

33 States. 

34 (3) The total allocation to an individual State under paragraphs (1) 

35 and (2) shall not exceed 10 percent of the total amount allocated to 

36 the States in any one year. 

37 (4) The Secretary shall notify each State of its apportionments. The 

38 amounts shall be available for payment to the State for planning, ac39 quisition, or development projects as prescribed. Any amount of any 

40 apportionment that has not been paid or obligated by the Secretary 

41 during the fiscal year in which the notification is given and for 2 fiscal 


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1 years thereafter shall be reapportioned by the Secretary in accordance 

2 with paragraph (2) without regard to the 10 percent limitation to an 

3 individual State specified in this subsection. 

4 (5) For the purposes of paragraph (1), the District of Columbia, 

5 Puerto Rico, the Virgin Islands, Guam, American Samoa, and the 

6 Northern Mariana Islands shall be deemed to be one State, and shall 

7 receive shares of the apportionment in proportion to their populations.. 

8 (c) MATCHING REQUIREMENTS.—Payments to any State shall cover not 

9 more than 50 percent of the cost of planning, acquisition, or development 

10 projects that are undertaken by the State. The remaining share of the cost 

11 shall be borne by the State in a manner and with funds or services as shall 

12 be satisfactory to the Secretary. 

13 (d) COMPREHENSIVE STATE PLAN.— 

14 (1) REQUIRED FOR CONSIDERATION OF FINANCIAL ASSISTANCE.—A 

15 comprehensive statewide outdoor recreation plan shall be required prior 

16 to the consideration by the Secretary of financial assistance for acquisi17 tion or development projects. The plan shall be adequate if, in the judg18 ment of the Secretary, it encompasses and will promote the purposes 

19 of this chapter. No plan shall be approved unless the chief executive 

20 officer of the State certifies that ample opportunity for public partici21 pation in plan development and revision has been accorded. The Sec22 retary shall develop, in consultation with others, criteria for public par23 ticipation, which criteria shall constitute the basis for the certification 

24 by the chief executive officer. The plan shall contain— 

25 (A) the name of the State agency that will have authority to 

26 represent and act for the State in dealing with the Secretary for 

27 purposes of this chapter; 

28 (B) an evaluation of the demand for and supply of outdoor 

29 recreation resources and facilities in the State; 

30 (C) a program for the implementation of the plan; and 

31 (D) other necessary information, as determined by the Sec32 retary. 

33 (2) FACTORS TO BE CONSIDERED.—The plan shall take into account 

34 relevant Federal resources and programs and shall be correlated so far 

35 as practicable with other State, regional, and local plans. Where there 

36 exists or is in preparation for any particular State a comprehensive 

37 plan financed in part with funds supplied by the Secretary of Housing 

38 and Urban Development, any statewide outdoor recreation plan pre39 pared for purposes of this part shall be based upon the same popu40 lation, growth, and other pertinent factors as are used in formulating 

41 plans financed by the Secretary of Housing and Urban Development. 


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1 (3) PROVISION OF ASSISTANCE WHEN PLAN NOT OTHERWISE AVAIL2 ABLE OR TO MAINTAIN PLAN.—The Secretary may provide financial as3 sistance to any State for projects for the preparation of a comprehen4 sive statewide outdoor recreation plan when the plan is not otherwise 

5 available or for the maintenance of the plan. 

6 (4) WETLANDS.—A comprehensive statewide outdoor recreation plan 

7 shall specifically address wetlands within the State as an important 

8 outdoor recreation resource as a prerequisite to approval, except that 

9 a revised comprehensive statewide outdoor recreation plan shall not be 

10 required by the Secretary, if a State submits, and the Secretary, acting 

11 through the Director, approves, as a part of and as an addendum to 

12 the existing comprehensive statewide outdoor recreation plan, a wet13 lands priority plan developed in consultation with the State agency with 

14 responsibility for fish and wildlife resources and consistent with the na15 tional wetlands priority conservation plan developed under section 301 

16 of the Emergency Wetlands Resources Act of 1986 (16 U.S.C. 3921) 

17 or, if the national plan has not been completed, consistent with the pro18 visions of that section. 

19 (e) PROJECTS FOR LAND AND WATER ACQUISITION.— 

20 (1) IN GENERAL.—In addition to assistance for planning projects, 

21 the Secretary may provide financial assistance to any State for the 

22 types of projects described in paragraphs (2) and (3), or combinations 

23 of those projects, if the projects are in accordance with the State com24 prehensive plan. 

25 (2) ACQUISITION OF LAND OR WATER.— 

26 (A) IN GENERAL.—Under paragraph (1), the Secretary may 

27 provide financial assistance for a project for the acquisition of 

28 land, water, or an interest in land or water, or a wetland area or 

29 an interest in a wetland area, as identified in the wetlands provi30 sions of the comprehensive plan (other than land, water, or an in31 terest in land or water acquired from the United States for less 

32 than fair market value), but not including incidental costs relating 

33 to acquisition. 

34 (B) RETENTION OF RIGHT OF USE AND OCCUPANCY.—When a 

35 State provides that the owner of a single-family residence may, at 

36 the owner’s option, elect to retain a right of use and occupancy 

37 for not less than 6 months after the date of acquisition of the resi38 dence and the owner elects to retain such a right— 

39 (i) the owner shall be deemed to have waived any benefits 

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1 ance and Real Property Acquisition Policies Act of 1970 (42 

2 U.S.C. 4623 to 4626); and 

3 (ii) for the purposes of those sections the owner shall not 

4 be deemed to be a displaced person as defined in section 101 

5 of that Act (42 U.S.C. 4601). 

6 (3) DEVELOPMENT OF BASIC OUTDOOR RECREATION FACILITIES.— 

7 Under paragraph (1), the Secretary may provide financial assistance 

8 for a project for development of basic outdoor recreation facilities to 

9 serve the general public, including the development of Federal land 

10 under lease to States for terms of 25 years or more. No assistance 

11 shall be available under this chapter to enclose or shelter facilities nor12 mally used for outdoor recreation activities, but the Secretary may per13 mit local funding, and not to exceed 10 percent of the total amount 

14 allocated to a State in any one year, to be used for sheltered facilities 

15 for swimming pools and ice skating rinks in areas where the Secretary 

16 determines that the severity of climatic conditions and the increased 

17 public use thereby made possible justifies the construction of the facili18 ties. 

19 (f) PAYMENTS.– 

20 (1) CRITERIA FOR MAKING PAYMENTS.—The Secretary may make a 

21 payment to a State only for a planning, acquisition, or development 

22 project that is approved by the Secretary. The Secretary shall not make 

23 a payment for or on account of any project with respect to which finan24 cial assistance has been given or promised under any other Federal 

25 program or activity, and no financial assistance shall be given under 

26 any other Federal program or activity for or on account of any project 

27 with respect to which the assistance has been given or promised under 

28 this chapter. The Secretary may make payments from time to time in 

29 keeping with the rate of progress toward the satisfactory completion of 

30 a project. The approval of all projects and all payments, or any com31 mitments relating thereto, shall be withheld until the Secretary receives 

32 appropriate written assurance from the State that the State has the 

33 ability and intention to finance its share of the cost of all of the 

34 projects, and to operate and maintain by acceptable standards, at State 

35 expense, the properties or facilities acquired or developed for public 

36 outdoor recreation use. 

37 (2) PAYMENT RECIPIENTS.—Payments for all projects shall be made 

38 by the Secretary to the chief executive officer of the State or to a State 

39 official or agency designated by the chief executive officer or by State 

40 law having authority and responsibility to accept and to administer 

41 funds paid under this section for approved projects. If consistent with 


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1 an approved project, funds may be transferred by the State to a polit2 ical subdivision or other appropriate public agency. 

3 (g) CONVERSION TO OTHER THAN PUBLIC OUTDOOR RECREATION

4 USE.—No property acquired or developed with assistance under this section 

5 shall, without the approval of the Secretary, be converted to other than pub6 lic outdoor recreation use. The Secretary shall approve a conversion only if 

7 the Secretary finds it to be in accordance with the then-existing comprehen8 sive statewide outdoor recreation plan and only on such conditions as the 

9 Secretary considers necessary to ensure the substitution of other recreation 

10 properties of at least equal fair market value and of reasonably equivalent 

11 usefulness and location. Wetland areas and interests therein as identified in 

12 the wetlands provisions of the comprehensive plan and proposed to be ac13 quired as suitable replacement property within the same State that is other14 wise acceptable to the Secretary, acting through the Director, shall be 

15 deemed to be of reasonably equivalent usefulness with the property proposed 

16 for conversion. 

17 (h) REPORTS AND ACCOUNTING PROCEDURES.—No payment shall be 

18 made to any State until the State has agreed to— 

19 (1) provide such reports to the Secretary in such form and con20 taining such information as may be reasonably necessary to enable the 

21 Secretary to perform the Secretary’s duties under this chapter; and 

22 (2) provide such fiscal control and fund accounting procedures as 

23 may be necessary to ensure proper disbursement and accounting for 

24 Federal funds paid to the State under this chapter. 

25 (i) RECORDS.—A recipient of assistance under this chapter shall keep 

26 such records as the Secretary shall prescribe, including records that fully 

27 disclose— 

28 (1) the amount and the disposition by the recipient of the proceeds 

29 of the assistance; 

30 (2) the total cost of the project or undertaking in connection with 

31 which the assistance is given or used; and 

32 (3) the amount and nature of that portion of the cost of the project 

33 or undertaking supplied by other sources, and such other records as 

34 will facilitate an effective audit. 

35 (j) ACCESS TO RECORDS.—The Secretary, and the Comptroller General, 

36 or any of their duly authorized representatives, shall have access for the 

37 purpose of audit and examination to any records of the recipient that are 

38 pertinent to assistance received under this chapter. 

39 (k) PROHIBITION OF DISCRIMINATION.—With respect to property ac40 quired or developed with assistance from the Fund, discrimination on the 

41 basis of residence, including preferential reservation or membership systems, 


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1 is prohibited except to the extent that reasonable differences in admission 

2 and other fees may be maintained on the basis of residence. 

3 (l) COORDINATION WITH FEDERAL AGENCIES.—To ensure consistency in 

4 policies and actions under this chapter with other related Federal programs 

5 and activities and to ensure coordination of the planning, acquisition, and 

6 development assistance to States under this section with other related Fed7 eral programs and activities— 

8 (1) the President may issue such regulations with respect thereto as 

9 the President considers desirable; and 

10 (2) the assistance may be provided only in accordance with the regu11 lations. 

12 (m) CAPITAL IMPROVEMENT AND OTHER PROJECTS TO REDUCE

13 CRIME.— 

14 (1) AVAILABILITY AND PURPOSE OF FUNDS.—In addition to assist15 ance for planning projects, and in addition to the projects identified in 

16 subsection (e), and from amounts appropriated out of the Violent 

17 Crime Reduction Trust Fund, the Secretary may provide financial as18 sistance to the States, not to exceed $15,000,000, for projects or com19 binations thereof for the purpose of making capital improvements and 

20 other measures to increase safety in urban parks and recreation areas, 

21 including funds to— 

22 (A) increase lighting within or adjacent to public parks and 

23 recreation areas; 

24 (B) provide emergency telephone lines to contact law enforce25 ment or security personnel in areas within or adjacent to public 

26 parks and recreation areas; 

27 (C) increase security personnel within or adjacent to public 

28 parks and recreation areas; and 

29 (D) fund any other project intended to increase the security and 

30 safety of public parks and recreation areas. 

31 (2) ELIGIBILITY.—In addition to the requirements for project ap32 proval imposed by this section, eligibility for assistance under this sub33 section shall depend on a showing of need. In providing funds under 

34 this subsection, the Secretary shall give priority to projects proposed 

35 for urban parks and recreation areas with the highest rates of crime 

36 and, in particular, to urban parks and recreation areas with the highest 

37 rates of sexual assault. 

38 (3) FEDERAL SHARE.—Notwithstanding subsection (c), the Sec39 retary may provide 70 percent improvement grants for projects under40 taken by a State for the purposes described in this subsection. 


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1 § 105309. Allocation of Fund amounts for Federal purposes 

2 (a) ALLOWABLE PURPOSES AND SUBPURPOSES.— 

3 (1) IN GENERAL.—Amounts appropriated from the Fund for Federal 

4 purposes shall, unless otherwise allotted in the appropriation Act mak5 ing them available, be allotted by the President for the purposes and 

6 subpurposes stated in this subsection. 

7 (2) ACQUISITION OF LAND, WATER, OR AN INTEREST IN LAND OR

8 WATER.— 

9 (A) SYSTEM UNITS AND RECREATION AREAS ADMINISTERED

10 FOR RECREATION PURPOSES.—Amounts shall be allotted for the 

11 acquisition of land, water, or an interest in land or water within 

12 the exterior boundary of— 

13 (i) a System unit authorized or established; and 

14 (ii) an area authorized to be administered by the Secretary 

15 for outdoor recreation purposes. 

16 (B) NATIONAL FOREST SYSTEM.— 

17 (i) IN GENERAL.—Amounts shall be allotted for the acqui18 sition of land, water, or an interest in land or water within 

19 inholdings within— 

20 (I) wilderness areas of the National Forest System; 

21 and 

22 (II) other areas of national forests as the boundaries 

23 of those forests existed on January 1, 1965, or purchase 

24 units approved by the National Forest Reservation Com25 mission subsequent to January 1, 1965, all of which 

26 other areas are primarily of value for outdoor recreation 

27 purposes. 

28 (ii) ADJACENT LAND.—Land outside but adjacent to an ex29 isting national forest boundary, not to exceed 3,000 acres in 

30 the case of any one forest, that would comprise an integral 

31 part of a forest recreational management area may also be 

32 acquired with amounts appropriated from the Fund. 

33 (iii) LIMITATION.—Except for areas specifically authorized 

34 by Act of Congress, not more than 15 percent of the acreage 

35 added to the National Forest System pursuant to this section 

36 shall be west of the 100th meridian. 

37 (C) ENDANGERED SPECIES AND THREATENED SPECIES; FISH

38 AND WILDLIFE REFUGE AREAS; NATIONAL WILDLIFE REFUGE SYS39 TEM.—Amounts shall be allotted for the acquisition of land, water, 

40 or an interest in land or water for— 


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1 (i) endangered species and threatened species authorized 

2 under section 5(a) of the Endangered Species Act of 1973 

3 (16 U.S.C. 1534(a)); 

4 (ii) areas authorized by section 2 of the Refuge Recreation 

5 Act (16 U.S.C. 460k–1); 

6 (iii) national wildlife refuge areas under section 7(a)(4) of 

7 the Fish and Wildlife Act of 1956 (16 U.S.C. 742f(a)(4)) and 

8 wetlands acquired under section 304 of the Emergency Wet9 lands Resources Act of 1986 (16 U.S.C. 3922); and 

10 (iv) any area authorized for the National Wildlife Refuge 

11 System by specific Acts. 

12 (3) PAYMENT AS OFFSET OF CAPITAL COSTS.—Amounts shall be al13 lotted for payment into miscellaneous receipts of the Treasury as a par14 tial offset for capital costs, if any, of Federal water development 

15 projects authorized to be constructed by or pursuant to an Act of Con16 gress that are allocated to public recreation and the enhancement of 

17 fish and wildlife values and financed through appropriations to water 

18 resource agencies. 

19 (4) AVAILABILITY OF APPROPRIATIONS.—Appropriations allotted for 

20 the acquisition of land, water, or an interest in land or water as set 

21 forth under subparagraphs (A) and (B) of paragraph (2) shall be avail22 able for those acquisitions notwithstanding any statutory ceiling on the 

23 appropriations contained in any other provision of law enacted prior to 

24 January 4, 1977, or, in the case of national recreation areas, prior to 

25 January 15, 1979, except that for any such area expenditures shall not 

26 exceed a statutory ceiling during any one fiscal year by 10 percent of 

27 the ceiling or $1,000,000, whichever is greater. 

28 (b) ACQUISITION RESTRICTIONS.—Appropriations from the Fund pursu29 ant to this section shall not be used for acquisition unless the acquisition 

30 is otherwise authorized by law. Appropriations from the Fund may be used 

31 for preacquisition work where authorization is imminent and where substan32 tial monetary savings could be realized. 

33 (c) BOUNDARY CHANGES IN SYSTEM UNITS.— 

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

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

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

37 following timely notice in writing to the Committee on Natural Re38 sources of the House of Representatives and the Committee on Energy 

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

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

41 in the Federal Register— 


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1 (A) make minor revisions of the boundary of the System unit, 

2 and amounts appropriated from the Fund shall be available for ac3 quisition of any land, water, and interests in land or water added 

4 to the System unit by the boundary revision subject to such statu5 tory limitations, if any, on methods of acquisition and appropria6 tions thereof as may be specifically applicable to the System unit; 

7 and 

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

9 from any other Federal agency, or exchange, land, water, or inter10 ests in land or water adjacent to the System unit, except that in 

11 exercising the Secretary’s authority under this subparagraph the 

12 Secretary— 

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

14 System to acquire land by exchange; 

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

16 owner; and 

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

18 subdivision of a State only by donation. 

19 (2) CONSULTATION.—Prior to making a determination under this 

20 subsection, the Secretary shall consult with the governing body of the 

21 county, city, town, or other jurisdiction or jurisdictions having primary 

22 taxing authority over the land or interest to be acquired as to the im23 pacts of the proposed action. 

24 (3) ACTION TO ADVANCE LOCAL PUBLIC AWARENESS.—The Sec25 retary shall take such steps as the Secretary considers appropriate to 

26 advance local public awareness of the proposed action. 

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

28 in land or water acquired in accordance with this subsection shall be 

29 administered as part of the System unit to which they are added, sub30 ject to the laws and regulations applicable thereto. 

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

32 (1)(A), in all cases except the case of technical boundary revisions (re33 sulting from such causes as survey error or changed road alignments), 

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

35 if each of the following conditions is met: 

36 (A) The sum of the total acreage of the land, water, and inter37 ests in land or water to be added to the System unit and the total 

38 acreage of the land, water, and interests in land or water to be 

39 deleted from the System unit is not more than 5 percent of the 

40 total Federal acreage authorized to be included in the System unit 

41 and is less than 200 acres. 


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1 (B) The acquisition, if any, is not a major Federal action sig2 nificantly affecting the quality of the human environment, as de3 termined by the Secretary. 

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

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

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

7 water to be deleted from the System unit does not exceed 

8 $750,000. 

9 (D) The proposed boundary revision is not an element of a more 

10 comprehensive boundary modification proposal. 

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

12 and comment period. 

13 (F) The Director obtains written consent for the boundary 

14 modification from all property owners whose land, water, or inter15 ests in land or water, or a portion of whose land, water, or inter16 ests in land or water, will be added to or deleted from the System 

17 unit by the boundary modification. 

18 (G) The land abuts other Federal land administered by the Di19 rector. 

20 (6) ACT OF CONGRESS REQUIRED.—Minor boundary revisions involv21 ing only deletions of acreage owned by the Federal Government and ad22 ministered by the Service may be made only by Act of Congress. 

23 § 105310. Availability of Fund amounts for publicity pur24 poses 

25 (a) IN GENERAL.—Amounts derived from the sources listed in section 

26 105303 of this title shall not be available for publicity purposes. 

27 (b) EXCEPTION FOR TEMPORARY SIGNING.—In each case where signifi28 cant acquisition or development is initiated, appropriate standardized tem29 porary signing shall be located on or near the affected site, to the extent 

30 feasible, so as to indicate the action taken is a product of funding made 

31 available through the Fund. The signing may indicate the percentage 

32 amounts and dollar amounts financed by Federal and non-Federal funds, 

33 and that the source of the funding includes amounts derived from Outer 

34 Continental Shelf receipts. The Secretary shall prescribe standards and 

35 guidelines for the usage of the signing to ensure consistency of design and 

36 application. 

37 §105311. Contracts for acquisition of land and water 

38 Not to exceed $30,000,000 of the amount authorized to be appropriated 

39 from the Fund by section 105304 of this title may be obligated by contract 

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

41 or water within areas specified in section 105309(a)(2) of this title. The 


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1 contract may be executed by the head of the department concerned, within 

2 limitations prescribed by the Secretary. The contract shall be deemed a con3 tractual obligation of the United States and shall be liquidated with money 

4 appropriated from the fund specifically for liquidation of that contract obli5 gation. No contract may be entered into for the acquisition of property pur6 suant to this section unless the acquisition is otherwise authorized by Fed7 eral law. 

8 § 105312. Contracts for options to acquire land and water in 

9 System 

10 The Secretary may enter into contracts for options to acquire land, water, 

11 or interests in land or water within the exterior boundaries of any area the 

12 acquisition of which is authorized by law for inclusion in the System. The 

13 minimum period of any such option shall be 2 years, and any sums ex14 pended for the purchase thereof shall be credited to the purchase price of 

15 the area. Not to exceed $500,000 of the sum authorized to be appropriated 

16 from the Fund by section 105304 of this title may be expended by the Sec17 retary in any one fiscal year for the options. 

18 § 105313. Transfers to and from Fund 

19 (a) MOTORBOAT FUEL TAXES.—There shall be set aside in the Fund the 

20 amounts specified in section 9503(c)(4)(B) of the Internal Revenue Code of 

21 1986 (26 U.S.C. 9503(c)(4)(B)). 

22 (b) REFUNDS OF TAXES.—There shall be paid from time to time from 

23 the Fund into the general fund of the Treasury amounts estimated by the 

24 Secretary of the Treasury as equivalent to— 

25 (1) the amounts paid before October 1, 2012, under section 6421 of 

26 the Internal Revenue Code of 1986 (26 U.S.C. 6421) with respect to 

27 gasoline used after December 31, 1964, in motorboats, on the basis of 

28 claims filed for periods ending before October 1, 2011; and 

29 (2) 80 percent of the floor stocks refunds made before October 1, 

30 2012, under section 6412(a)(1) of the Internal Revenue Code of 1986 

31 (26 U.S.C. 6412(a)(1)) with respect to gasoline to be used in motor32 boats. 

33 CHAPTER 1055—URBAN PARK AND RECREATION 

34 RECOVERY PROGRAM 

Sec. 

105501. Findings. 

105502. Purposes. 

105503. Definitions. 

105504. Federal assistance grants. 

105505. Rehabilitation and innovation grants. 

105506. Recovery action programs. 

105507. State action. 

105508. Non-Federal share of project costs. 

105509. Conversion of recreation property. 

105510. Coordination of program. 


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105511. Recordkeeping. 

105512. Authorization of appropriations. 

105513. Limitation on use of funds. 

105514. Report. 

1 § 105501. Findings 

2 Congress finds that— 

3 (1) the quality of life in urban areas is closely related to the avail4 ability of fully functional park and recreation systems including land, 

5 facilities, and service programs; 

6 (2) residents of cities need close-to-home recreational opportunities 

7 that are adequate to specialized urban demands, with parks and facili8 ties properly located, developed, and well maintained; 

9 (3) the greatest recreational deficiencies with respect to land, facili10 ties, and programs are found in many large cities, especially at the 

11 neighborhood level; 

12 (4) inadequate financing of urban recreation programs due to fiscal 

13 difficulties in many large cities has led to the deterioration of facilities, 

14 nonavailability of recreation services, and an inability to adapt rec15 reational programs to changing circumstances; and 

16 (5) there is no existing Federal assistance program which fully ad17 dresses the needs for physical rehabilitation and revitalization of these 

18 park and recreation systems. 

19 § 105502. Purposes 

20 (a) ESTABLISH PROGRAM.—The purpose of this chapter is to authorize 

21 the Secretary to establish an urban park and recreation recovery program 

22 which would provide Federal grants to economically hard-pressed commu23 nities specifically for the rehabilitation of critically needed recreation areas, 

24 facilities, and development of improved recreation programs. This program 

25 is intended to complement existing Federal programs such as the Land and 

26 Water Conservation Fund and Community Development Grant Programs by 

27 encouraging and stimulating local governments to revitalize their park and 

28 recreation systems and to make long-term commitments to continuing main29 tenance of these systems. Such assistance shall be subject to such terms and 

30 conditions as the Secretary considers appropriate and in the public interest 

31 to carry out the purposes of this chapter. 

32 (b) IMPROVE RECREATION FACILITIES AND EXPAND RECREATION SERV33 ICES.—It is further the purpose of this chapter to improve recreation facili34 ties and expand recreation services in urban areas with a high incidence of 

35 crime and to help deter crime through the expansion of recreation opportu36 nities for at-risk youth. 

37 (c) INCREASE SECURITY.—It is the further purpose of this chapter to in38 crease the security of urban parks and to promote collaboration between 


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1 local agencies involved in parks and recreation, law enforcement, youth so2 cial services, and juvenile justice system. 

3 § 105503. Definitions 

4 In this chapter: 

5 (1) AT-RISK YOUTH RECREATION GRANTS.—The term ‘‘at-risk youth 

6 recreation grants’’ means grants in neighborhoods and communities 

7 with a high prevalence of crime, particularly violent crime or crime 

8 committed by youthful offenders and include— 

9 (A) rehabilitation grants, 

10 (B) innovation grants, or 

11 (C) matching grants for continuing program support for pro12 grams of demonstrated value or success in providing constructive 

13 alternatives to youth at risk for engaging in criminal behavior, in14 cluding grants for operating, or coordinating recreation programs 

15 and services. 

16 (2) GENERAL PURPOSE LOCAL GOVERNMENT.—The term ‘‘general 

17 purpose local government’’ means any city, county, town, township, 

18 parish, village, or other general purpose political subdivision of a State, 

19 including the District of Columbia, and insular areas. 

20 (3) INNOVATION GRANTS.—The term ‘‘innovation grants’’ means 

21 matching grants to local governments to cover costs of personnel, facili22 ties, equipment, supplies, or services designed to demonstrate innova23 tive and cost-effective ways to augment park and recreation opportuni24 ties at the neighborhood level and to address common problems related 

25 to facility operations and improved delivery of recreation service, and 

26 which shall exclude routine operation and maintenance activities. 

27 (4) INSULAR AREAS.—The term ‘‘insular areas’’ means Guam, the 

28 Virgin Islands, American Samoa, and the Northern Mariana Islands. 

29 (5) MAINTENANCE.—The term ‘‘maintenance’’ means all commonly 

30 accepted practices necessary to keep recreation areas and facilities op31 erating in a state of good repair and to protect them from deterioration 

32 resulting from normal wear and tear. 

33 (6) PRIVATE, NONPROFIT AGENCY.—The term ‘‘private, nonprofit 

34 agency’’ means a community-based, non-profit organization, corpora35 tion, or association organized for purposes of providing recreational, 

36 conservation, and educational services directly to urban residents on ei37 ther a neighborhood or communitywide basis through voluntary dona38 tions, voluntary labor, or public or private grants. 

39 (7) RECOVERY ACTION PROGRAM GRANTS.—The term ‘‘recovery ac40 tion program grants’’ means matching grants to local governments for 

41 development of local park and recreation recovery action programs to 


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1 meet the requirements of this chapter. Such grants will be for resource 

2 and needs assessment, coordination, citizen involvement and planning, 

3 and program development activities to encourage public definition of 

4 goals, and develop priorities and strategies for overall recreation system 

5 recovery. 

6 (8) RECREATIONAL AREAS AND FACILITIES.—The term ‘‘recreational 

7 areas and facilities’’ means indoor or outdoor parks, buildings, sites, 

8 or other facilities which are dedicated to recreation purposes and ad9 ministered by public or private nonprofit agencies to serve the recre10 ation needs of community residents. Emphasis shall be on public facili11 ties readily accessible to residential neighborhoods, including multiple12 use community centers which have recreation as one of their primary 

13 purposes, but excluding major sports arenas, exhibition areas, and con14 ference halls used primarily for commercial sports, spectator, or display 

15 activities. 

16 (9) REHABILITATION GRANTS.—The term ‘‘rehabilitation grants’’ 

17 means matching capital grants to local governments for— 

18 (A) rebuilding, remodeling, expanding, or developing existing 

19 outdoor or indoor recreation areas and facilities, including im20 provements in park landscapes, buildings, and support facilities, 

21 but excluding routine maintenance and upkeep activities; and 

22 (B) lighting, emergency phones or other capital improvements 

23 that will improve the security of urban parks. 

24 (10) SPECIAL PURPOSE LOCAL GOVERNMENT.—The term ‘‘special 

25 purpose local government’’ means any local or regional special district, 

26 public-purpose corporation or other limited political subdivision of a 

27 State, including but not limited to park authorities; park, conservation, 

28 water or sanitary districts; and school districts; 

29 (11) STATE.—The term ‘‘State’’ means any State of the United 

30 States or any instrumentality of a State approved by the Governor, 

31 Puerto Rico, and insular areas. 

32 § 105504. Federal assistance grants 

33 (a) ELIGIBLE GENERAL PURPOSE LOCAL GOVERNMENTS.—In addition 

34 to eligible local governments established in accordance with section 1005(a) 

35 of the Urban Park and Recreation Recovery Act of 1978 (Public Law 95– 

36 625, 92 Stat. 3540), the Secretary may establish eligibility, in accord with 

37 the findings and purpose of this chapter, of other general purpose local gov38 ernments in standard metropolitan statistical areas as defined by the cen39 sus. 

40 (b) PRIORITY CRITERIA FOR PROJECT SELECTION AND APPROVAL.— 


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1 (1) IN GENERAL.—The Secretary shall establish priority criteria for 

2 project selection and approval that consider such factors as— 

3 (A) population; 

4 (B) condition of existing recreation areas and facilities; 

5 (C) demonstrated deficiencies in access to neighborhood recre6 ation opportunities, particularly for minority, and low- and mod7 erate-income residents; 

8 (D) public participation in determining rehabilitation or develop9 ment needs; 

10 (E) the extent to which a project supports or complements tar11 get activities undertaken as part of a local government’s overall 

12 community development and urban revitalization program; 

13 (F) the extent to which a proposed project would provide em14 ployment opportunities for minorities, youth, and low- and mod15 erate-income residents in the project neighborhood and/or would 

16 provide for participation of neighborhood, nonprofit or tenant or17 ganizations in the proposed rehabilitation activity or in subsequent 

18 maintenance, staffing, or supervision of recreation areas and facili19 ties; and 

20 (G) the amount of State and private support for a project as 

21 evidenced by commitments of non-Federal resources to project 

22 construction or operation. 

23 (2) AT-RISK YOUTH RECREATION GRANTS.—For at-risk youth recre24 ation grants, the Secretary shall give a priority to each of the following 

25 criteria: 

26 (A) Programs that are targeted to youth who are at the greatest 

27 risk of becoming involved in violence and crime. 

28 (B) Programs that teach important values and life skills, includ29 ing teamwork, respect, leadership, and self-esteem. 

30 (C) Programs that offer tutoring, remedial education, men31 toring, and counseling in addition to recreation opportunities. 

32 (D) Programs that offer services during late night or other non33 school hours. 

34 (E) Programs that demonstrate collaboration between local park 

35 and recreation, juvenile justice, law enforcement, and youth social 

36 service agencies and nongovernmental entities, including the pri37 vate sector and community and nonprofit organizations. 

38 (F) Programs that leverage public or private recreation invest39 ments in the form of services, materials, or cash. 


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1 (G) Programs that show the greatest potential of being contin2 ued with non-Federal funds or which can serve as models for other 

3 communities. 

4 (c) LIMITATION OF FUNDS.—Grants to discretionary applicants under 

5 subsection (a) may not be more than 15 percent of the total amount of 

6 funds appropriated under this chapter for rehabilitation, innovation, and re7 covery action program grants. 

8 § 105505. Rehabilitation and innovation grants 

9 (a) MATCHING GRANTS.—The Secretary may provide 70 percent match10 ing rehabilitation and innovative grants directly to eligible general purpose 

11 local governments on the Secretary’s approval of applications for those 

12 grants by the chief executives of those governments. 

13 (b) SPECIAL CONSIDERATIONS.—Innovation grants should be closely tied 

14 to goals, priorities, and implementation strategies expressed in local park 

15 and recreation recovery action programs, with particular regard to the spe16 cial considerations listed in section 105506(c)(2) of this title. 

17 (c) TRANSFER.—At the discretion of the applicants, and if consistent 

18 with an approved application, rehabilitation and innovation grants may be 

19 transferred in whole or in part to independent special purpose local govern20 ments, private nonprofit agencies or county or regional park authorities pro21 vided that assisted recreation areas and facilities owned or managed by the 

22 transferree offer recreation opportunities to the general population within 

23 the jurisdictional boundaries of an eligible applicant. 

24 (d) PAYMENTS.—Payments may be made only for rehabilitation or inno25 vative projects that have been approved by the Secretary. Payments may be 

26 made from time to time in keeping with the rate of progress toward the 

27 satisfactory completion of a project, except that the Secretary, when appro28 priate, may make advance payments on approved rehabilitation and innova29 tive projects in an amount not to exceed 20 percent of the total project cost. 

30 (e) MODIFICATION OF PROJECT.—The Secretary may authorize modifica31 tion of an approved project only when a grantee has adequately dem32 onstrated that the modification is necessary because of circumstances not 

33 foreseeable at the time a project was proposed. 

34 § 105506. Recovery action programs 

35 (a) EVIDENCE OF LOCAL COMMITMENT TO ONGOING PROGRAMS.—As a 

36 requirement for project approval, local governments applying for assistance 

37 under this chapter shall submit to the Secretary evidence of their commit38 ments to ongoing planning, rehabilitation, service, operation, and mainte39 nance programs for their park and recreation systems. These commitments 

40 will be expressed in local park and recreation recovery action programs that 

41 maximize coordination of all community resources, including other federally 


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1 supported urban development and recreation programs. During an initial in2 terim period to be established by regulations under this chapter, this re3 quirement may be satisfied by local government submissions of preliminary 

4 action programs that briefly define objectives, priorities, and implementation 

5 strategies for overall system recovery and maintenance and commit the ap6 plicant to a scheduled program development process. Following this interim 

7 period, all local applicants shall submit to the Secretary, as a condition of 

8 eligibility, a 5-year action program for park and recreation recovery that 

9 satisfactorily demonstrates— 

10 (1) systematic identification of recovery objectives, priorities, and im11 plementation strategies; 

12 (2) adequate planning for rehabilitation of specific recreation areas 

13 and facilities, including projections of the cost of proposed projects; 

14 (3) the capacity and commitment to ensure that facilities provided 

15 or improved under this chapter shall continue to be adequately main16 tained, protected, staffed, and supervised; 

17 (4) the intention to maintain total local public outlays for park and 

18 recreation purposes at levels at least equal to those in the year pre19 ceding that in which grant assistance is sought except in any case 

20 where a reduction in park and recreation outlays is proportionate to 

21 a reduction in overall spending by the applicant; and 

22 (5) the relationship of the park and recreation recovery program to 

23 overall community development and urban revitalization efforts. 

24 (b) CONTINUING PLANNING PROCESS.—Where appropriate, the Secretary 

25 may encourage local governments to meet action program requirements 

26 through a continuing planning process that includes periodic improvements 

27 and updates in action program submissions to eliminate identified gaps in 

28 program information and policy development. 

29 (c) SPECIAL CONSIDERATIONS.—Action programs shall address, but are 

30 not limited to— 

31 (1) rehabilitation of existing recreational sites and facilities, includ32 ing— 

33 (A) general systemwide renovation; 

34 (B) special rehabilitation requirements for recreational sites and 

35 facilities in areas of high population concentration and economic 

36 distress; and 

37 (C) restoration of outstanding or unique structures, land38 scaping, or similar features in parks of historical or architectural 

39 significance; and 


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1 (2) local commitments to innovative and cost-effective programs and 

2 projects at the neighborhood level to augment recovery of park and 

3 recreation systems, including— 

4 (A) recycling of abandoned schools and other public buildings 

5 for recreational purposes; 

6 (B) multiple use of operating educational and other public 

7 buildings, purchase of recreation services on a contractual basis; 

8 (C) use of mobile facilities and recreational, cultural, and edu9 cational programs or other innovative approaches to improving ac10 cess for neighborhood residents; 

11 (D) integration of recovery program with federally assisted 

12 projects to maximize recreational opportunities through conversion 

13 of abandoned railroad and highway rights of way, waterfront, and 

14 other redevelopment efforts and such other federally assisted 

15 projects as may be appropriate; 

16 (E) conversion of recreation use of street space, derelict land, 

17 and other public land not now designated for neighborhood rec18 reational use; and 

19 (F) use of various forms of compensated and uncompensated 

20 land regulation, tax inducements, or other means to encourage the 

21 private sector to provide neighborhood park and recreation facili22 ties and programs. 

23 (d) PUBLICATION IN FEDERAL REGISTER.—The Secretary shall establish 

24 and publish in the Federal Register requirements for preparation, submis25 sion, and updating of local park and recreation recovery action programs. 

26 (e) ELIGIBILITY FOR AT-RISK YOUTH RECREATION GRANTS.—To be eli27 gible to receive at-risk youth recreation grants a local government shall 

28 amend its 5-year action program to incorporate the goal of reducing crime 

29 and juvenile delinquency and to provide a description of the implementation 

30 strategies to achieve this goal. The plan shall also address how the local 

31 government is coordinating its recreation programs with crime prevention 

32 efforts of law enforcement, juvenile corrections, and youth social service 

33 agencies. 

34 (f) MATCHING GRANTS.—The Secretary may provide up to 50 percent 

35 matching grants to eligible local applicants for program development and 

36 planning specifically to meet the objectives of this chapter. 

37 § 105507. State action 

38 (a) ADDITIONAL MATCH.—The Secretary may increase Federal imple39 mentation grants authorized in section 105505 of this title by providing an 

40 additional match equal to the total match provided by a State of up to 15 


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1 percent of total project costs. In no event may the Federal matching amount 

2 exceed 85 percent of total project cost. 

3 (b) ADEQUATE IMPLEMENTATION OF LOCAL RECOVERY PLANS.—The 

4 Secretary shall encourage States to assist the Secretary in ensuring that 

5 local recovery plans and programs are adequately implemented by cooper6 ating with the Department of the Interior in monitoring local park and 

7 recreation recovery plans and programs and in ensuring consistency of the 

8 plans and programs, where appropriate, with State recreation policies as set 

9 forth in statewide comprehensive outdoor recreation plans. 

10 § 105508. Non-Federal share of project costs 

11 (a) SOURCES.— 

12 (1) ALLOWABLE SOURCES.—The non-Federal share of project costs 

13 assisted under this chapter may be derived from general or special pur14 pose State or local revenues, State categorical grants, special appro15 priations by State legislatures, donations of land, buildings, or building 

16 materials, and in-kind construction, technical, and planning services. 

17 Reasonable local costs of action program development to meet the re18 quirements of section 105506(a) of this title may be used as part of 

19 the local match only when local applicants have not received program 

20 development grants under the authority of section 105506(f) of this 

21 title. 

22 (2) NON-ALLOWABLE SOURCES.—No amounts from the Land and 

23 Water Conservation Fund established under section 105303 of this title 

24 or from any other Federal grant program other than the community 

25 development block grant programs shall be used to match Federal 

26 grants under this program. 

27 (b) ENCOURAGEMENT OF STATES AND PRIVATE INTERESTS.—The Sec28 retary shall encourage States and private interests to contribute, to the 

29 maximum extent possible, to the non-Federal share of project costs. 

30 § 105509. Conversion of recreation property 

31 No property improved or developed with assistance under this chapter 

32 shall, without the approval of the Secretary, be converted to other than pub33 lic recreation uses. The Secretary shall approve such conversion only if the 

34 Secretary finds it to be in accord with the current local park and recreation 

35 recovery action program and only on such conditions as the Secretary con36 siders necessary to ensure the provision of adequate recreation properties 

37 and opportunities of reasonably equivalent location and usefulness. 

38 § 105510. Coordination of program 

39 The Secretary shall— 

40 (1) coordinate the urban park and recreation recovery program with 

41 the total urban recovery effort and cooperate to the fullest extent posVerDate Mar 15 2010 21:07 Sep 23, 2010 Jkt 089200 PO 00000 Frm 00115 Fmt 6652 Sfmt 6221 E:\BILLS\H6161.IH H6161

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1 sible with other Federal departments and agencies and with State 

2 agencies that administer programs and policies affecting urban areas, 

3 including programs in housing, urban development, natural resources 

4 management, employment, transportation, community services, and vol5 untary action; 

6 (2) encourage maximum coordination of the program between appro7 priate State agencies and local applicants; and 

8 (3) require that local applicants include provisions for participation 

9 of community and neighborhood residents and for public-private coordi10 nation in recovery planning and project selection. 

11 § 105511. Recordkeeping 

12 Each recipient of assistance under this chapter shall keep such records 

13 as the Secretary shall prescribe, including records that fully disclose the 

14 amount and disposition of project undertakings in connection with which as15 sistance under this chapter is given or used, the amount and nature of that 

16 portion of the cost of the project or undertaking supplied by other sources, 

17 and such other records as will facilitate an effective audit. The Secretary, 

18 and the Comptroller General of the United States, or their duly authorized 

19 representatives, shall have access for the purpose of audit and examination 

20 to any records of the recipient that are pertinent to assistance received 

21 under this chapter. 

22 § 105512. Authorization of appropriations 

23 (a) LIMITATION OF FUNDS.—Grants made under this chapter for projects 

24 in any one State shall not be more than 15 percent of the total amount 

25 of funds authorized to be appropriated in any fiscal year. 

26 (b) INSULAR AREAS.—Amounts authorized for the insular areas are not 

27 subject to the matching provisions of this chapter, and may only be subject 

28 to such conditions, reports, plans, and agreements, if any, as determined by 

29 the Secretary. 

30 (c) PROGRAM SUPPORT.—Not more than 25 percent of the amounts 

31 made available under this chapter to any local government may be used for 

32 program support. 

33 § 105513. Limitation on use of funds 

34 No funds available under this chapter shall be used for the acquisition 

35 of land or interests in land. 

36 § 105514. Report 

37 Within 90 days of the expiration of this authority, the Secretary shall re38 port to Congress on the overall impact of the urban park and recreation 

39 recovery program. 


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1 DIVISION C—SYSTEM UNITS AND RELATED 

2 AREAS 

3 [RESERVED] 

4 Subtitle II—Historic Sites, Buildings, 

5 Objects, and Antiquities 

6 DIVISION A—GENERAL PROVISIONS 

7 CHAPTER 2001—POLICY AND ADMINISTRATIVE 

8 PROVISIONS 

Sec. 

200101. Declaration of national policy. 

200102. Duties of Secretary. 

200103. Cooperation with governmental and private agencies and individuals. 

200104. Jurisdiction of States in acquired land. 

200105. Authorization of appropriations. 

9 § 200101. Declaration of national policy 

10 It is declared that it is a national policy to preserve for public use historic 

11 sites, buildings, and objects of national significance for the inspiration and 

12 benefit of the people of the United States. 

13 § 200102. Duties of Secretary 

14 The Secretary, through the Service, for the purpose of effectuating the 

15 policy expressed in this chapter, shall perform the following duties: 

16 (1) The Secretary shall secure, collate, and preserve drawings, plans, 

17 photographs, and other data of historic and archaeologic sites, build18 ings, and objects. 

19 (2) The Secretary shall make a survey of historic and archaeologic 

20 sites, buildings, and objects for the purpose of determining which pos21 sess exceptional value as commemorating or illustrating the history of 

22 the United States. 

23 (3) The Secretary shall make necessary investigations and researches 

24 in the United States relating to particular sites, buildings, and objects 

25 to obtain accurate historical and archaeological facts and information 

26 concerning the sites, buildings, and objects. 

27 (4) The Secretary shall, for the purpose of this chapter, acquire in 

28 the name of the United States by gift, purchase, or otherwise any prop29 erty, personal or real, or any interest or estate in property, title to any 

30 real property to be satisfactory to the Secretary. Property that is 

31 owned by any religious or educational institution or that is owned or 

32 administered for the benefit of the public shall not be acquired without 

33 the consent of the owner. No property shall be acquired or contract or 

34 agreement for the acquisition of the property made that will obligate 

35 the general fund of the Treasury for the payment of the property, un36 less Congress has appropriated money that is available for that pur37 pose. 


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1 (5) The Secretary shall contract and make cooperative agreements 

2 with States, municipal subdivisions, corporations, associations, or indi3 viduals, with proper bond where considered advisable, to protect, pre4 serve, maintain, or operate any historic or archaeologic building, site, 

5 or object, or property used in connection with the building, site, or ob6 ject, for public use, regardless whether the title to the building, site, 

7 object, or property is in the United States. No contract or cooperative 

8 agreement shall be made or entered into that will obligate the general 

9 fund of the Treasury unless or until Congress has appropriated money 

10 for that purpose. 

11 (6) The Secretary shall restore, reconstruct, rehabilitate, preserve, 

12 and maintain historic or prehistoric sites, buildings, objects, and prop13 erties of national historical or archaeological significance and where 

14 deemed desirable establish and maintain museums in connection with 

15 the sites, buildings, objects, and properties. 

16 (7) The Secretary shall erect and maintain tablets to mark or com17 memorate historic or prehistoric places and events of national historical 

18 or archaeological significance. 

19 (8) The Secretary shall operate and manage historic and 

20 archaeologic sites, buildings, and properties acquired under this chapter 

21 together with land and subordinate buildings for the benefit of the pub22 lic. The authority under this paragraph includes the power to charge 

23 reasonable visitation fees and grant concessions, leases, or permits for 

24 the use of land, building space, roads, or trails when necessary or desir25 able either to accommodate the public or to facilitate administration. 

26 The Secretary may grant those concessions, leases, or permits and 

27 enter into contracts relating to the contracts, leases, or permits with 

28 responsible persons, firms, or corporations without advertising and 

29 without securing competitive bids. 

30 (9) When the Secretary determines that it would be administratively 

31 burdensome to restore, reconstruct, operate, or maintain any particular 

32 historic or archaeologic site, building, or property donated to the 

33 United States through the Service, the Secretary may cause the res34 toration, reconstruction, operation, or maintenance to be done by orga35 nizing a corporation for that purpose under the laws of the District of 

36 Columbia or any State. 

37 (10) The Secretary shall develop an educational program and service 

38 for the purpose of making available to the public information per39 taining to American historic and archaeologic sites, buildings, and 

40 properties of national significance. Reasonable charges may be made 

41 for the dissemination of any such information. 


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1 (11) The Secretary shall perform any and all acts and make regula2 tions not inconsistent with this chapter that may be necessary and 

3 proper to carry out this chapter. 

4 § 200103. Cooperation with governmental and private agen5 cies and individuals 

6 (a) AUTHORIZATION OF SECRETARY.—The Secretary may cooperate with 

7 and may seek and accept the assistance of any Federal, State, or local agen8 cy, educational or scientific institution, patriotic association, or individual. 

9 (b) TECHNICAL ADVISORY COMMITTEES.—When the Secretary considers 

10 it necessary, the Secretary may establish technical advisory committees to 

11 act in an advisory capacity in connection with the restoration or reconstruc12 tion of any historic or prehistoric building or other structure. 

13 (c) EMPLOYMENT OF ASSISTANCE.—The Secretary may employ profes14 sional and technical assistance and establish service as may be required to 

15 accomplish the purposes of this chapter and for which money may be appro16 priated by Congress or made available by gifts for those purposes. 

17 § 200104. Jurisdiction of States in acquired land 

18 Nothing in this chapter shall be held to deprive any State, or political 

19 subdivision of a State, of its civil and criminal jurisdiction in and over land 

20 acquired by the United States under this chapter. 

21 § 200105. Authorization of appropriations 

22 (a) IN GENERAL.—There are authorized to be appropriated to carry out 

23 this chapter such sums as Congress may from time to time determine. 

24 (b) REQUIREMENT FOR SPECIFIC AUTHORIZATION.—Notwithstanding 

25 any other provision of law, no funds appropriated or otherwise made avail26 able to the Secretary to carry out paragraph (5) or (6) of section 200102 

27 of this title may be obligated or expended— 

28 (1) unless the appropriation of the funds has been specifically au29 thorized by law enacted on or after October 30, 1992; or 

30 (2) in excess of the amount prescribed by law enacted on or after 

31 October 30, 1992. 

32 CHAPTER 2003—DEFINITIONS 

Sec. 

200301. National Trust. 

33 § 200301. National Trust. 

34 In this subtitle, the term ‘‘National Trust’’ means the National Trust for 

35 Historic Preservation in the United States established under section 207102 

36 of this title. 

37 DIVISION B—HISTORIC PRESERVATION 

38 Subdivision 1—General Provisions 

39 CHAPTER 2011—FINDINGS, POLICY, AND DEFINITIONS 

Sec. 


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201101. Findings. 

201102. Declaration of policy. 

201103. Definitions. 

1 § 201101. Findings 

2 Congress finds that— 

3 (1) the spirit and direction of the Nation are founded on and re4 flected in its historic heritage; 

5 (2) the historical and cultural foundations of the Nation should be 

6 preserved as a living part of our community life and development in 

7 order to give a sense of orientation to the American people; 

8 (3) historic properties significant to the Nation’s heritage are being 

9 lost or substantially altered, often inadvertently, with increasing fre10 quency; 

11 (4) the preservation of this irreplaceable heritage is in the public in12 terest so that its vital legacy of cultural, educational, aesthetic, inspira13 tional, economic, and energy benefits will be maintained and enriched 

14 for future generations of Americans; 

15 (5) in the face of ever-increasing extensions of urban centers, high16 ways, and residential, commercial, and industrial developments, the 

17 governmental and nongovernmental historic preservation programs and 

18 activities as of December 12, 1980, were inadequate to ensure future 

19 generations a genuine opportunity to appreciate and enjoy the rich her20 itage of our Nation; 

21 (6) the increased knowledge of our historic properties, the establish22 ment of better means of identifying and administering them, and the 

23 encouragement of their preservation will improve the planning and exe24 cution of Federal and federally assisted projects and will assist eco25 nomic growth and development; and 

26 (7) although the major burdens of historic preservation have been 

27 borne and major efforts initiated by private agencies and individuals, 

28 and both should continue to play a vital role, it is nevertheless nec29 essary and appropriate for the Federal Government to accelerate its 

30 historic preservation programs and activities, to give maximum encour31 agement to agencies and individuals undertaking preservation by pri32 vate means, and to assist State and local governments and the National 

33 Trust to expand and accelerate their historic preservation programs 

34 and activities. 

35 § 201102. Declaration of policy 

36 It is the policy of the Federal Government, in cooperation with other na37 tions and in partnership with States, local governments, Indian tribes, Na38 tive Hawaiians, and private organizations and individuals, to— 


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1 (1) use measures, including financial and technical assistance, to fos2 ter conditions under which our modern society and our historic prop3 erties can exist in productive harmony and fulfill the social, economic, 

4 and other requirements of present and future generations; 

5 (2) provide leadership in the preservation of the historic properties 

6 of the United States and of the international community of nations and 

7 in the administration of the national preservation program; 

8 (3) administer federally owned, administered, or controlled historic 

9 properties in a spirit of stewardship for the inspiration and benefit of 

10 present and future generations; 

11 (4) contribute to the preservation of nonfederally owned historic 

12 properties and give maximum encouragement to organizations and indi13 viduals undertaking preservation by private means; 

14 (5) encourage the public and private preservation and utilization of 

15 all usable elements of the Nation’s historic built environment; and 

16 (6) assist State and local governments, Indian tribes and Native Ha17 waiian organizations, and the National Trust to expand and accelerate 

18 their historic preservation programs and activities. 

19 § 201103. Definitions 

20 In this division: 

21 (1) AGENCY.—The term ‘‘agency’’ has the meaning given the term 

22 in section 551 of title 5. 

23 (2) CERTIFIED LOCAL GOVERNMENT.—The term ‘‘certified local gov24 ernment’’ means a local government whose local historic preservation 

25 program is certified pursuant to chapter 2027 of this title. 

26 (3) COUNCIL.—The term ‘‘Council’’ means the Advisory Council on 

27 Historic Preservation established by section 204101 of this title. 

28 (4) CULTURAL PARK.—The term ‘‘cultural park’’ means a definable 

29 area that— 

30 (A) is distinguished by historic properties and land related to 

31 those properties; and 

32 (B) constitutes an interpretive, educational, and recreational re33 source for the public at large. 

34 (5) HISTORIC CONSERVATION DISTRICT.—The term ‘‘historic con35 servation district’’ means an area that contains— 

36 (A) historic properties; 

37 (B) buildings having similar or related architectural characteris38 tics; 

39 (C) cultural cohesiveness; or 

40 (D) any combination of features described in subparagraphs (A) 

41 to (C). 


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1 (6) HISTORIC PRESERVATION FUND.—The term ‘‘Historic Preserva2 tion Fund’’ means the Historic Preservation Fund established under 

3 section 205511 of this title. 

4 (7) HISTORIC PRESERVATION REVIEW COMMISSION.—The term ‘‘his5 toric preservation review commission’’ means a board, council, commis6 sion, or other similar collegial body— 

7 (A) that is established by State or local legislation as provided 

8 in section 202702(a)(2) of this title; and 

9 (B) the members of which are appointed by the chief elected of10 ficial of a jurisdiction (unless State or local law provides for ap11 pointment by another official) from among— 

12 (i) professionals in the disciplines of architecture, history, 

13 architectural history, planning, prehistoric and historic ar14 chaeology, folklore, cultural anthropology, curation, conserva15 tion, and landscape architecture, or related disciplines, to the 

16 extent that those professionals are available in the commu17 nity; and 

18 (ii) other individuals who have demonstrated special inter19 est, experience, or knowledge in history, architecture, or re20 lated disciplines and will provide for an adequate and quali21 fied commission. 

22 (8) HISTORIC PROPERTY.—The term ‘‘historic property’’ means any 

23 prehistoric or historic property included on, or eligible for inclusion on, 

24 the National Register. 

25 (9) INDIAN TRIBE.—The term ‘‘Indian tribe’’ means an Indian tribe, 

26 band, nation, or other organized group or community, including a Na27 tive village, Regional Corporation or Village Corporation (as those 

28 terms are defined in section 3 of the Alaska Native Claims Settlement 

29 Act (16 U.S.C. 1602)), that is recognized as eligible for the special pro30 grams and services provided by the United States to Indians because 

31 of their status as Indians. 

32 (10) LOCAL GOVERNMENT.—The term ‘‘local government’’ means a 

33 city, county, parish, township, municipality, or borough, or any other 

34 general purpose political subdivision of any State. 

35 (11) NATIONAL REGISTER.—The term ‘‘National Register’’ means 

36 the National Register of Historic Places maintained under chapter 

37 2023 of this title. 

38 (12) NATIVE HAWAIIAN.—The term ‘‘Native Hawaiian’’ means any 

39 individual who is a descendant of the aboriginal people who, prior to 

40 1778, occupied and exercised sovereignty in the area that now con41 stitutes Hawaii. 


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1 (13) NATIVE HAWAIIAN ORGANIZATION.— 

2 (A) IN GENERAL.—The term ‘‘Native Hawaiian organization’’ 

3 means any organization that— 

4 (i) serves and represents the interests of Native Hawaiians; 

5 (ii) has as a primary and stated purpose the provision of 

6 services to Native Hawaiians; and 

7 (iii) has demonstrated expertise in aspects of historic pres8 ervation that are culturally significant to Native Hawaiians. 

9 (B) INCLUSIONS.—The term ‘‘Native Hawaiian organization’’ 

10 includes the Office of Hawaiian Affairs of Hawaii and Hui 

11 Malama I Na Kupuna O Hawai’i Nei, an organization incor12 porated under the laws of Hawaii. 

13 (14) PRESERVATION OR HISTORIC PRESERVATION.—The term ‘‘pres14 ervation’’ or ‘‘historic preservation’’ includes— 

15 (A) identification, evaluation, recordation, documentation, 

16 curation, acquisition, protection, management, rehabilitation, res17 toration, stabilization, maintenance, research, interpretation, and 

18 conservation; 

19 (B) education and training regarding the foregoing activities; or 

20 (C) any combination of the foregoing activities. 

21 (15) PROPERTY.— 

22 (A) IN GENERAL.—The term ‘‘property’’ means a district, site, 

23 building, structure, or object. 

24 (B) INCLUSIONS.—The term ‘‘property’’ includes artifacts, 

25 records, and material remains that are related to a district, site, 

26 building, structure, or object. 

27 (16) STATE.—The term ‘‘State’’ means a State, the District of Co28 lumbia, Puerto Rico, Guam, the Virgin Islands, American Samoa, the 

29 Northern Mariana Islands, the Marshall Islands, the Federated States 

30 of Micronesia, and Palau. 

31 (17) STATE HISTORIC PRESERVATION REVIEW BOARD.—The term 

32 ‘‘State historic preservation review board’’ means a board, council, 

33 commission, or other similar collegial body established as provided in 

34 section 202501(2) of this title— 

35 (A) the members of which are appointed by the State Historic 

36 Preservation Officer (unless otherwise provided for by State law); 

37 (B) a majority of the members of which are professionals quali38 fied in history, prehistoric and historic archaeology, architectural 

39 history, architecture, folklore, cultural anthropology, curation, con40 servation, landscape architecture, and related disciplines; and 

41 (C) that has the authority to— 


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1 (i) review National Register nominations and appeals from 

2 nominations; 

3 (ii) review appropriate documentation submitted in con4 junction with the Historic Preservation Fund; 

5 (iii) provide general advice and guidance to the State His6 toric Preservation Officer; and 

7 (iv) perform such other duties as may be appropriate. 

8 (18) TRIBAL LAND.—The term ‘‘tribal land’’ means— 

9 (A) all land within the exterior boundaries of any Indian res10 ervation; and 

11 (B) all dependent Indian communities. 

12 (19) UNDERTAKING.—The term ‘‘undertaking’’ means a project, ac13 tivity, or program funded in whole or in part under the direct or indi14 rect jurisdiction of a Federal agency, including— 

15 (A) those carried out by or on behalf of the Federal agency; 

16 (B) those carried out with Federal financial assistance; 

17 (C) those requiring a Federal permit license, or approval; and 

18 (D) those subject to State or local regulation administered pur19 suant to a delegation or approval by a Federal agency. 

20 (20) WORLD HERITAGE CONVENTION.—The term ‘‘World Heritage 

21 Convention’’ means the Convention concerning the Protection of the 

22 World Cultural and Natural Heritage, done at Paris November 23, 

23 1972 (27 UST 37). 

24 Subdivision 2—Historic Preservation Program 

25 CHAPTER 2021—DEFINITIONS 

Sec. 

202101. Definitions. 

26 § 202101. Definitions 

27 In this subdivision: 

28 (1) DESIGNATION.—The term ‘‘designation’’ means the identification 

29 and registration of properties for protection that meet criteria estab30 lished by a State or locality for significant historic properties within the 

31 jurisdiction of a local government. 

32 (2) PROTECTION.—The term ‘‘protection’’ means protection by 

33 means of a local review process under State or local law for proposed 

34 demolition of, changes to, or other action that may affect historic prop35 erties designated pursuant to chapter 2027 of this title. 

36 CHAPTER 2023—NATIONAL REGISTER OF HISTORIC 

37 PLACES 

Sec. 

202301. Maintenance by Secretary. 

202302. Inclusion of properties on National Register. 

202303. Criteria and regulations. 


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202304. Nominations for inclusion on National Register. 

202305. Objection to inclusion on National Register or designation as National Historic 

Landmark. 

202306. Regulations. 

202307. Review of threats to historic properties. 

1 § 202301. Maintenance by Secretary 

2 The Secretary may expand and maintain a National Register of Historic 

3 Places composed of properties significant in American history, architecture, 

4 archaeology, engineering, and culture. 

5 § 202302. Inclusion of properties on National Register 

6 (a) IN GENERAL.—A property that meets the criteria for National His7 toric Landmarks established pursuant to section 202303 of this title shall 

8 be designated as a National Historic Landmark and included on the Na9 tional Register, subject to the requirements of section 202306 of this title. 

10 (b) HISTORIC PROPERTIES ON NATIONAL REGISTER ON DECEMBER 12, 

11 1980.—All historic properties included on the National Register on Decem12 ber 12, 1980, shall be deemed to be included on the National Register as 

13 of their initial listing for purposes of this division. 

14 (c) HISTORIC PROPERTIES LISTED IN FEDERAL REGISTER OF FEB15 RUARY 6, 1979, OR PRIOR TO DECEMBER 12, 1980, AS NATIONAL HIS16 TORIC LANDMARKS.—All historic properties listed in the Federal Register 

17 of February 6, 1979, or prior to December 12, 1980, as National Historic 

18 Landmarks are declared by Congress to be National Historic Landmarks of 

19 national historic significance as of their initial listing in the Federal Reg20 ister for purposes of this division and chapter 2001 of this title. 

21 (d) BOUNDARIES.—In the case of a National Historic Landmark district 

22 for which no boundaries had been established as of December 12, 1980, 

23 boundaries must first be published in the Federal Register. 

24 § 202303. Criteria and regulations 

25 The Secretary, in consultation with national historical and archaeological 

26 associations, shall— 

27 (1) establish criteria for properties to be included on the National 

28 Register and criteria for National Historic Landmarks; and 

29 (2) promulgate regulations for— 

30 (A) nominating properties for inclusion on, and removal from, 

31 the National Register and the recommendation of properties by 

32 certified local governments; 

33 (B) designating properties as National Historic Landmarks and 

34 removing that designation; 

35 (C) considering appeals from recommendations, nominations, re36 movals, and designations (or any failure or refusal by a nomi37 nating authority to nominate or designate); 


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1 (D) nominating historic properties for inclusion in the World 

2 Heritage List in accordance with the World Heritage Convention; 

3 (E) making determinations of eligibility of properties for inclu4 sion on the National Register; and 

5 (F) notifying the owner of a property, any appropriate local gov6 ernments, and the general public, when the property is being con7 sidered for inclusion on the National Register, for designation as 

8 a National Historic Landmark, or for nomination to the World 

9 Heritage List. 

10 § 202304. Nominations for inclusion on National Register 

11 (a) NOMINATION BY STATE.—Subject to the requirements of section 

12 202306 of this title, any State that is carrying out a program approved 

13 under chapter 2025 of this title shall nominate to the Secretary properties 

14 that meet the criteria promulgated under section 202303 of this title for 

15 inclusion on the National Register. Subject to section 202306 of this title, 

16 any property nominated under this subsection or under section 205102 of 

17 this title shall be included on the National Register on the date that is 45 

18 days after receipt by the Secretary of the nomination and the necessary doc19 umentation, unless the Secretary disapproves the nomination within the 45- 

20 day period or unless an appeal is filed under subsection (c). 

21 (b) NOMINATION BY PERSON OR LOCAL GOVERNMENT.—Subject to the 

22 requirements of section 202306 of this title, the Secretary may accept a 

23 nomination directly from any person or local government for inclusion of a 

24 property on the National Register only if the property is located in a State 

25 where there is no program approved under chapter 2025 of this title. The 

26 Secretary may include on the National Register any property for which such 

27 a nomination is made if the Secretary determines that the property is eligi28 ble in accordance with the regulations promulgated under section 202303 

29 of this title. The determination shall be made within 90 days from the date 

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

31 (c) APPEAL.—Any person or local government may appeal to the Sec32 retary— 

33 (1) a nomination of any property for inclusion on the National Reg34 ister; and 

35 (2) the failure or refusal of a nominating authority to nominate a 

36 property in accordance with this chapter. 

37 § 202305. Objection to inclusion on National Register or des38 ignation as National Historic Landmark 

39 (a) REGULATIONS.—The Secretary shall promulgate regulations requiring 

40 that before any property may be included on the National Register or des41 ignated as a National Historic Landmark, the owner of the property, or a 


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1 majority of the owners of the individual properties within a district in the 

2 case of a historic district, shall be given the opportunity (including a reason3 able period of time) to concur in, or object to, the nomination of the prop4 erty for inclusion or designation. The regulations shall include provisions to 

5 carry out this section in the case of multiple ownership of a single property. 

6 (b) WHEN PROPERTY SHALL NOT BE INCLUDED ON NATIONAL REG7 ISTER OR DESIGNATED AS NATIONAL HISTORIC LANDMARK.—If the owner 

8 of any privately owned property, or a majority of the owners of privately 

9 owned properties within the district in the case of a historic district, object 

10 to inclusion or designation, the property shall not be included on the Na11 tional Register or designated as a National Historic Landmark until the ob12 jection is withdrawn. 

13 (c) REVIEW BY SECRETARY.—The Secretary shall review the nomination 

14 of the property when an objection has been made and shall determine 

15 whether or not the property is eligible for inclusion or designation. If the 

16 Secretary determines that the property is eligible for inclusion or designa17 tion, the Secretary shall inform the Advisory Council on Historic Preserva18 tion, the appropriate State Historic Preservation Officer, the appropriate 

19 chief elected local official, and the owner or owners of the property of the 

20 Secretary’s determination. 

21 (d) RETENTION OF NAME.—Notwithstanding section 43(c) of the Act of 

22 July 5, 1946 (known as the Trademark Act of 1946) (15 U.S.C. 1125(c)), 

23 buildings and structures on or eligible for inclusion on the National Register 

24 (either individually or as part of a historic district), or designated as an in25 dividual landmark or as a contributing building in a historic district by a 

26 unit of State or local government, may retain the name historically associ27 ated with the building or structure. 

28 § 202306. Regulations 

29 The Secretary shall promulgate regulations— 

30 (1) ensuring that significant prehistoric and historic artifacts, and 

31 associated records, subject to subchapter I of chapter 2051 of this title, 

32 chapter 2081 of this title, and the Archaeological Resources Protection 

33 Act of 1979 (16 U.S.C. 470aa et seq.) are deposited in an institution 

34 with adequate long-term curatorial capabilities; 

35 (2) establishing a uniform process and standards for documenting 

36 historic properties by public agencies and private parties for purposes 

37 of incorporation into, or complementing, the national historical archi38 tectural and engineering records in the Library of Congress; and 

39 (3) certifying local governments, in accordance with sections 202701 

40 and 202702 of this title and for the allocation of funds pursuant to 

41 section 205503(d) of this title. 


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1 § 202307. Review of threats to historic properties 

2 At least once every 4 years, the Secretary, in consultation with the Coun3 cil and with State Historic Preservation Officers, shall review significant 

4 threats to historic properties to— 

5 (1) determine the kinds of historic properties that may be threat6 ened; 

7 (2) ascertain the causes of the threats; and 

8 (3) develop and submit to the President and Congress recommenda9 tions for appropriate action. 

10 CHAPTER 2025—STATE HISTORIC PRESERVATION 

11 PROGRAMS 

Sec. 

202501. Regulations. 

202502. Program evaluation. 

202503. State Historic Preservation Officer. 

202504. Contracts and cooperative agreements. 

12 § 202501. Regulations 

13 The Secretary, in consultation with the National Conference of State His14 toric Preservation Officers and the National Trust for Historic Preserva15 tion, shall promulgate or revise regulations for State Historic Preservation 

16 Programs. The regulations shall provide that a State program submitted to 

17 the Secretary under this chapter shall be approved by the Secretary if the 

18 Secretary determines that the program provides for— 

19 (1) the designation and appointment by the chief executive officer of 

20 the State of a State Historic Preservation Officer to administer the 

21 program in accordance with section 202503 of this title and for the em22 ployment or appointment by the officer of professionally qualified staff 

23 that may be necessary for those purposes; 

24 (2) an adequate and qualified State historic preservation review 

25 board designated by the State Historic Preservation Officer unless oth26 erwise provided for by State law; and 

27 (3) adequate public participation in the State Historic Preservation 

28 Program, including the process of recommending properties for nomi29 nation to the National Register. 

30 § 202502. Program evaluation 

31 (a) WHEN EVALUATION SHOULD OCCCUR.—Periodically, but not less 

32 than every 4 years after the approval of any State program under this sec33 tion, the Secretary, in consultation with the Council on the appropriate pro34 visions of this division, and in cooperation with the State Historic Preserva35 tion Officer, shall evaluate the program to determine whether it is consistent 

36 with this division. 

37 (b) DISAPPROVAL OF PROGRAM.—If, at any time, the Secretary deter38 mines that a major aspect of a State program is not consistent with this 


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1 division, the Secretary shall disapprove the program and suspend in whole 

2 or in part any contracts or cooperative agreements with the State and the 

3 State Historic Preservation Officer under this division, until the program 

4 is consistent with this division, unless the Secretary determines that the 

5 program will be made consistent with this division within a reasonable pe6 riod of time. 

7 (c) OVERSIGHT.—The Secretary, in consultation with State Historic Pres8 ervation Officers, shall establish oversight methods to ensure State program 

9 consistency and quality without imposing undue review burdens on State 

10 Historic Preservation Officers. 

11 (d) STATE FISCAL AUDIT AND MANAGEMENT SYSTEM.— 

12 (1) SUBSTITUTION FOR COMPARABLE FEDERAL SYSTEMS.—At the 

13 discretion of the Secretary, a State system of fiscal audit and manage14 ment may be substituted for comparable Federal systems so long as the 

15 State system— 

16 (A) establishes and maintains substantially similar account17 ability standards; and 

18 (B) provides for independent professional peer review. 

19 (2) FISCAL AUDITS AND REVIEW BY SECRETARY.—The Secretary— 

20 (A) may conduct periodic fiscal audits of State programs ap21 proved under this subdivision as needed; and 

22 (B) shall ensure that the programs meet applicable account23 ability standards. 

24 § 202503. State Historic Preservation Officer 

25 (a) IN GENERAL.—It shall be the responsibility of a State Historic Pres26 ervation Officer to administer a State Historic Preservation Program. 

27 (b) PARTICULAR RESPONSIBILITIES.—It shall be the responsibility of a 

28 State Historic Preservation Officer to— 

29 (1) in cooperation with Federal and State agencies, local govern30 ments, and private organizations and individuals, direct and conduct a 

31 comprehensive statewide survey of historic properties and maintain in32 ventories of the properties; 

33 (2) identify and nominate eligible properties to the National Register 

34 and otherwise administer applications for listing historic properties on 

35 the National Register; 

36 (3) prepare and implement a comprehensive statewide historic pres37 ervation plan; 

38 (4) administer the State program of Federal assistance for historic 

39 preservation within the State; 


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1 (5) advise and assist, as appropriate, Federal and State agencies and 

2 local governments in carrying out their historic preservation respon3 sibilities; 

4 (6) cooperate with the Secretary, the Council, other Federal and 

5 State agencies, local governments, and organizations and individuals to 

6 ensure that historic properties are taken into consideration at all levels 

7 of planning and development; 

8 (7) provide public information, education, and training and technical 

9 assistance in historic preservation; 

10 (8) cooperate with local governments in the development of local his11 toric preservation programs and assist local governments in becoming 

12 certified pursuant to chapter 2027 of this title; 

13 (9) consult with appropriate Federal agencies in accordance with this 

14 division on— 

15 (A) Federal undertakings that may affect historic properties; 

16 and 

17 (B) the content and sufficiency of any plans developed to pro18 tect, manage, or reduce or mitigate harm to those properties; and 

19 (10) advise and assist in the evaluation of proposals for rehabilita20 tion projects that may qualify for Federal assistance. 

21 § 202504. Contracts and cooperative agreements 

22 (a) STATE.—Any State may carry out all or any part of its responsibil23 ities under this chapter by contract or cooperative agreement with any 

24 qualified nonprofit organization or educational institution. 

25 (b) SECRETARY.— 

26 (1) IN GENERAL.— 

27 (A) AUTHORITY TO ASSIST SECRETARY.—Subject to paragraphs 

28 (3) and (4), the Secretary may enter into contracts or cooperative 

29 agreements with a State Historic Preservation Officer for any 

30 State authorizing the Officer to assist the Secretary in carrying 

31 out one or more of the following responsibilities within that State: 

32 (i) Identification and preservation of historic properties. 

33 (ii) Determination of the eligibility of properties for listing 

34 on the National Register. 

35 (iii) Preparation of nominations for inclusion on the Na36 tional Register. 

37 (iv) Maintenance of historical and archaeological data 

38 bases. 

39 (v) Evaluation of eligibility for Federal preservation incen40 tives. 


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1 (B) AUTHORITY TO MAINTAIN NATIONAL REGISTER.—Nothing 

2 in subparagraph (A) shall be construed to provide that any State 

3 Historic Preservation Officer or any other person other than the 

4 Secretary shall have the authority to maintain the National Reg5 ister for properties in any State. 

6 (2) REQUIREMENTS.—The Secretary may enter into a contract or 

7 cooperative agreement under paragraph (1) only if— 

8 (A) the State Historic Preservation Officer has requested the 

9 additional responsibility; 

10 (B) the Secretary has approved the State historic preservation 

11 program pursuant to sections 204501 and 204502 of this title; 

12 (C) the State Historic Preservation Officer agrees to carry out 

13 the additional responsibility in a timely and efficient manner ac14 ceptable to the Secretary and the Secretary determines that the 

15 Officer is fully capable of carrying out the responsibility in that 

16 manner; 

17 (D) the State Historic Preservation Officer agrees to permit the 

18 Secretary to review and revise, as appropriate in the discretion of 

19 the Secretary, decisions made by the Officer pursuant to the con20 tract or cooperative agreement; and 

21 (E) the Secretary and the State Historic Preservation Officer 

22 agree on the terms of additional financial assistance to the State, 

23 if there is to be any, for the costs of carrying out that responsi24 bility. 

25 (3) ESTABLISH CONDITIONS AND CRITERIA.—For each significant 

26 program area under the Secretary’s authority, the Secretary shall es27 tablish specific conditions and criteria essential for the assumption by 

28 a State Historic Preservation Officer of the Secretary’s duties in each 

29 of those programs. 

30 (4) PRESERVATION PROGRAMS AND ACTIVITIES NOT DIMINISHED.— 

31 Nothing in this chapter shall have the effect of diminishing the preser32 vation programs and activities of the Service. 

33 CHAPTER 2027—CERTIFICATION OF LOCAL 

34 GOVERNMENTS 

Sec. 

202701. Certification as part of State program. 

202702. Reguirements for certification. 

202703. Consideration of property for inclusion on National Register. 

202704. Eligibility and responsibility of certified local government. 

35 § 202701. Certification as part of State program 

36 Any State program approved under this subdivision shall provide a mech37 anism for the certification by the State Historic Preservation Officer of local 

38 governments to carry out the purposes of this division and provide for the 


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1 transfer, in accordance with section 205503(d) of this title, of a portion of 

2 the grants received by the States under this division, to those local govern3 ments. 

4 § 202702. Requirements for certification 

5 (a) APPROVED STATE PROGRAM.—Any local government shall be certified 

6 to participate under this section if the applicable State Historic Preservation 

7 Officer, and the Secretary, certify that the local government— 

8 (1) enforces appropriate State or local legislation for the designation 

9 and protection of historic properties; 

10 (2) has established an adequate and qualified historic preservation 

11 review commission by State or local legislation; 

12 (3) maintains a system for the survey and inventory of historic prop13 erties that furthers the purposes of chapter 2025 of this title; 

14 (4) provides for adequate public participation in the local historic 

15 preservation program, including the process of recommending prop16 erties for nomination to the National Register; and 

17 (5) satisfactorily performs the responsibilities delegated to it under 

18 this division. 

19 (b) NO APPROVED STATE PROGRAM.—Where there is no approved State 

20 program, a local government may be certified by the Secretary if the Sec21 retary determines that the local government meets the requirements of sub22 section (a). The Secretary may make grants to the local government cer23 tified under this subsection for purposes of this subdivision. 

24 § 202703. Consideration of property for inclusion on Na25 tional Register 

26 (a) NOTICE.—Before a property within the jurisdiction of a certified local 

27 government may be considered by a State to be nominated to the Secretary 

28 for inclusion on the National Register, the State Historic Preservation Offi29 cer shall notify the owner, the applicable chief local elected official, and the 

30 local historic preservation commission. 

31 (b) REPORT.—The local historic preservation commission, after reason32 able opportunity for public comment, shall prepare a report as to whether 

33 the property, in the Commission’s opinion, meets the criteria of the National 

34 Register. Within 60 days of notice from the State Historic Preservation Of35 ficer, the chief local elected official shall transmit the report of the commis36 sion and the recommendation of the local official to the State Historic Pres37 ervation Officer. 

38 (c) RECOMMENDATION.— 

39 (1) PROPERTY NOMINATED TO NATIONAL REGISTER.—Except as 

40 provided in paragraph (2), after receipt of the report and recommenda41 tion, or if no report and recommendation are received within 60 days, 


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1 the State shall make the nomination pursuant to section 204304 of this 

2 title. The State may expedite the process with the concurrence of the 

3 certified local government. 

4 (2) PROPERTY NOT NOMINATED TO NATIONAL REGISTER.—If both 

5 the commission and the chief local elected official recommend that a 

6 property not be nominated to the National Register, the State Historic 

7 Preservation Officer shall take no further action, unless, within 30 days 

8 of the receipt of the recommendation by the State Historic Preserva9 tion Officer, an appeal is filed with the State. If an appeal is filed, the 

10 State shall follow the procedures for making a nomination pursuant to 

11 section 202304 of this title. Any report and recommendations made 

12 under this section shall be included with any nomination submitted by 

13 the State to the Secretary. 

14 § 202704. Eligibility and responsibility of certified local gov15 ernment 

16 Any local government that is certified under this section or that is mak17 ing efforts to become certified— 

18 (1) shall be eligible for funds under section 205503(d) of this title; 

19 and 

20 (2) shall carry out any responsibilities delegated to it in accordance 

21 with such terms and conditions as the Secretary considers necessary or 

22 advisable. 

23 CHAPTER 2029—HISTORIC PROPERTIES OF INDIAN 

24 TRIBES 

Sec. 

202901. Program to assist Indian tribes in preserving historic properties. 

202902. Indian tribe to assume functions of State Historic Preservation Officer. 

202903. Apportionment of grant funds. 

202904. Contracts and cooperative agreements. 

202905. Agreement for review under tribal historic preservation regulations. 

202906. Eligibility for inclusion on National Register. 

25 § 202901. Program to assist Indian tribes in preserving his26 toric properties 

27 (a) ESTABLISHMENT OF PROGRAM.—The Secretary shall establish a pro28 gram and promulgate regulations to assist Indian tribes in preserving their 

29 historic properties. 

30 (b) COMMUNICATION AND COOPERATION.—The Secretary shall foster 

31 communication and cooperation between Indian tribes and State Historic 

32 Preservation Officers in the administration of the national historic preserva33 tion program to— 

34 (1) ensure that all types of historic properties and all public interests 

35 in historic properties are given due consideration; and 

36 (2) encourage coordination among Indian tribes, State Historic Pres37 ervation Officers, and Federal agencies in historic preservation planVerDate Mar 15 2010 21:07 Sep 23, 2010 Jkt 089200 PO 00000 Frm 00133 Fmt 6652 Sfmt 6221 E:\BILLS\H6161.IH H6161

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1 ning and in the identification, evaluation, protection, and interpretation 

2 of historic properties. 

3 (c) TRIBAL VALUES.—The program under subsection (a) shall be devel4 oped in a manner to ensure that tribal values are taken into account to the 

5 extent feasible. The Secretary may waive or modify requirements of this 

6 subdivision to conform to the cultural setting of tribal heritage preservation 

7 goals and objectives. 

8 (d) SCOPE OF TRIBAL PROGRAMS.—The tribal programs implemented by 

9 specific tribal organizations may vary in scope, as determined by each In10 dian tribe’s chief governing authority. 

11 § 202902. Indian tribe to assume functions of State Historic 

12 Preservation Officer 

13 An Indian tribe may assume all or any part of the functions of a State 

14 Historic Preservation Officer in accordance with sections 202502 and 

15 202503 of this title, with respect to tribal land, as those responsibilities may 

16 be modified for tribal programs through regulations issued by the Secretary, 

17 if— 

18 (1) the Indian tribe’s chief governing authority so requests; 

19 (2) the Indian tribe designates a tribal preservation official to admin20 ister the tribal historic preservation program, through appointment by 

21 the Indian tribe’s chief governing authority or as a tribal ordinance 

22 may otherwise provide; 

23 (3) the tribal preservation official provides the Secretary with a plan 

24 describing how the functions the tribal preservation official proposes to 

25 assume will be carried out; 

26 (4) the Secretary determines, after consulting with the Indian tribe, 

27 the appropriate State Historic Preservation Officer, the Council (if the 

28 Indian tribe proposes to assume the functions of the State Historic 

29 Preservation Officer with respect to review of undertakings under sec30 tion 205302 of this title), and other Indian tribes, if any, whose tribal 

31 or aboriginal land may be affected by conduct of the tribal preservation 

32 program, that— 

33 (A) the tribal preservation program is fully capable of carrying 

34 out the functions specified in the plan provided under paragraph 

35 (3); 

36 (B) the plan defines the remaining responsibilities of the Sec37 retary and the State Historic Preservation Officer; and 

38 (C) the plan provides, with respect to properties neither owned 

39 by a member of the Indian tribe nor held in trust by the Secretary 

40 for the benefit of the Indian tribe, at the request of the owner of 

41 the properties, that the State Historic Preservation Officer, in adVerDate Mar 15 2010 21:07 Sep 23, 2010 Jkt 089200 PO 00000 Frm 00134 Fmt 6652 Sfmt 6221 E:\BILLS\H6161.IH H6161

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1 dition to the tribal preservation official, may exercise the historic 

2 preservation responsibilities in accordance with sections 202502 

3 and 202503 of this title; and 

4 (5) based on satisfaction of the conditions stated in paragraphs (1), 

5 (2), (3), and (4), the Secretary approves the plan. 

6 § 202903. Apportionment of grant funds 

7 In consultation with interested Indian tribes, other Native American orga8 nizations, and affected State Historic Preservation Officers, the Secretary 

9 shall establish and implement procedures for carrying out section 

10 205503(a)(1) of this title with respect to tribal programs that assume re11 sponsibilities under section 202902 of this title. 

12 § 202904. Contracts and cooperative agreements 

13 At the request of an Indian tribe whose preservation program has been 

14 approved to assume functions and responsibilities pursuant to section 

15 202902 of this title, the Secretary shall enter into a contract or cooperative 

16 agreement with the Indian tribe permitting the assumption by the Indian 

17 tribe of any part of the responsibilities described in section 202504(b) of 

18 this title on tribal land, if— 

19 (1) the Secretary and the Indian tribe agree on additional financial 

20 assistance, if any, to the Indian tribe for the costs of carrying out those 

21 authorities; 

22 (2) the Secretary finds that the tribal historic preservation program 

23 has been demonstrated to be sufficient to carry out the contract or co24 operative agreement and this division; and 

25 (3) the contract or cooperative agreement specifies the continuing re26 sponsibilities of the Secretary or of the appropriate State Historic Pres27 ervation Officers and provides for appropriate participation by— 

28 (A) the Indian tribe’s traditional cultural authorities; 

29 (B) representatives of other Indian tribes whose traditional land 

30 is under the jurisdiction of the Indian tribe assuming responsibil31 ities; and 

32 (C) the public. 

33 § 202905. Agreement for review under tribal historic preser34 vation regulations 

35 The Council may enter into an agreement with an Indian tribe to permit 

36 undertakings on tribal land to be reviewed under tribal historic preservation 

37 regulations in place of review under regulations promulgated by the Council 

38 to govern compliance with section 205302 of this title, if the Council, after 

39 consultation with the Indian tribe and appropriate State Historic Preserva40 tion Officers, determines that the tribal preservation regulations will afford 


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1 historic properties consideration equivalent to those afforded by the Coun2 cil’s regulations. 

3 § 202906. Eligibility for inclusion on National Register 

4 (a) IN GENERAL.—Properties of traditional religious and cultural impor5 tance to an Indian tribe or Native Hawaiian organization may be deter6 mined to be eligible for inclusion on the National Register. 

7 (b) CONSULTATION.—In carrying out its responsibilities under section 

8 205302 of this title, a Federal agency shall consult with any Indian tribe 

9 or Native Hawaiian organization that attaches religious and cultural signifi10 cance to properties described in subsection (a). 

11 (c) HAWAII.—In carrying out responsibilities under section 202503 of 

12 this title, the State Historic Preservation Officer for Hawaii shall— 

13 (1) consult with Native Hawaiian organizations in assessing the cul14 tural significance of any property in determining whether to nominate 

15 the property to the National Register; 

16 (2) consult with Native Hawaiian organizations in developing the 

17 cultural component of a preservation program or plan for the property; 

18 and 

19 (3) enter into a memorandum of understanding or agreement with 

20 Native Hawaiian organizations for the assessment of the cultural sig21 nificance of a property in determining whether to nominate the prop22 erty to the National Register and to carry out the cultural component 

23 of the preservation program or plan. 

24 CHAPTER 2031—GRANTS 

Sec. 

203101. Matching grants. 

203102. Grants to National Trust. 

203103. Direct grants for the preservation of properties included on National Register. 

203104. Religious properties. 

203105. Grants and loans to Indian tribes and nonprofit organizations representing ethnic 

or minority groups. 

203106. Grants to Indian tribes and Native Hawaiian organizations. 

203107. Prohibited use of funds. 

203108. Training in, and dissemination of information concerning, professional methods and 

techniques for preservation of historic properties. 

203109. Preservation education and training program. 

25 § 203101. Matching grants 

26 (a) IN GENERAL.—The Secretary shall administer a program of matching 

27 grants to the States for the purposes of carrying out this division. 

28 (b) FEDERATED STATES OF MICRONESIA, THE MARSHALL ISLANDS, AND

29 PALAU.— 

30 (1) IN GENERAL.—As part of the program of matching grant assist31 ance from the Historic Preservation Fund to States, the Secretary shall 

32 administer a program of direct grants to the Federated States of Mi33 cronesia, the Marshall Islands, and Palau in furtherance of the ComVerDate Mar 15 2010 21:07 Sep 23, 2010 Jkt 089200 PO 00000 Frm 00136 Fmt 6652 Sfmt 6221 E:\BILLS\H6161.IH H6161

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1 pact of Free Association between the United States and the Federated 

2 States of Micronesia and the Marshall Islands, approved by the Com3 pact of Free Association Act of 1985 (48 U.S.C. 1901 et seq., 2001 

4 et seq.), and the Compact of Free Association between the United 

5 States and Palau, approved by the Joint Resolution entitled ‘‘Joint 

6 Resolution to approve the ‘Compact of Free Association’ between the 

7 United States and Government of Palau, and for other purposes’’ (48 

8 U.S.C. 1931 et seq.). 

9 (2) GOAL OF PROGRAM.—The goal of the program shall be to estab10 lish historic and cultural preservation programs that meet the unique 

11 needs of each of those nations so that at the termination of the com12 pacts the programs shall be firmly established. 

13 (3) BASIS OF ALLOCATING AMOUNTS.—The amounts to be made 

14 available under this subsection shall be allocated by the Secretary on 

15 the basis of needs as determined by the Secretary. 

16 (4) WAIVERS AND MODIFICATIONS.—The Secretary may waive or 

17 modify the requirements of this subdivision to conform to the cultural 

18 setting of those nations. Matching funds may be waived or modified. 

19 § 203102. Grants to National Trust 

20 The Secretary may administer grants to the National Trust consistent 

21 with the purposes of its charter and this division. 

22 § 203103. Direct grants for the preservation of properties in23 cluded on National Register 

24 (a) ADMINISTRATION OF PROGRAM.—The Secretary shall administer a 

25 program of direct grants for the preservation of properties included on the 

26 National Register. 

27 (b) AVAILABLE AMOUNT.—Funds to support the program annually shall 

28 not exceed 10 percent of the amount appropriated annually for the Historic 

29 Preservation Fund. 

30 (c) USES OF GRANTS.— 

31 (1) IN GENERAL.—Grants under this section may be made by the 

32 Secretary, in consultation with the appropriate State Historic Preserva33 tion Officer— 

34 (A) for the preservation of— 

35 (i) National Historic Landmarks that are threatened with 

36 demolition or impairment; and 

37 (ii) historic properties of World Heritage significance; 

38 (B) for demonstration projects that will provide information 

39 concerning professional methods and techniques having application 

40 to historic properties; 


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1 (C) for the training and development of skilled labor in trades 

2 and crafts, and in analysis and curation, relating to historic pres3 ervation; and 

4 (D) to assist individuals or small businesses within any historic 

5 district included on the National Register to remain within the 

6 district. 

7 (2) LIMIT ON CERTAIN GRANTS.—A grant may be made under sub8 paragraph (A) or (D) of paragraph (1) only to the extent that the 

9 project cannot be carried out in as effective a manner through the use 

10 of an insured loan under section 205504 of this title. 

11 § 203104. Religious properties 

12 (a) IN GENERAL.—Grants may be made under sections 203101 to 

13 203103, 203105, and 203106 of this title for the preservation, stabilization, 

14 restoration, or rehabilitation of religious properties listed on the National 

15 Register if the purpose of the grant— 

16 (1) is secular; 

17 (2) does not promote religion; and 

18 (3) seeks to protect qualities that are historically significant. 

19 (b) EFFECT OF SECTION.—Nothing in this section shall be construed to 

20 authorize the use of any funds made available under this subdivision for the 

21 acquisition of any religious property listed on the National Register. 

22 § 203105. Grants and loans to Indian tribes and nonprofit 

23 organizations representing ethnic or minority 

24 groups 

25 The Secretary may, in consultation with the appropriate State Historic 

26 Preservation Officer, make grants or loans or both under this subdivision 

27 to Indian tribes and to nonprofit organizations representing ethnic or mi28 nority groups for the preservation of their cultural heritage. 

29 § 203106. Grants to Indian tribes and Native Hawaiian orga30 nizations 

31 The Secretary shall administer a program of direct grants to Indian 

32 tribes and Native Hawaiian organizations for the purpose of carrying out 

33 this division as it pertains to Indian tribes and Native Hawaiian organiza34 tions. Matching fund requirements may be modified. Federal funds available 

35 to an Indian tribe or Native Hawaiian organization may be used as match36 ing funds for the purposes of the Indian tribe’s or Native Hawaiian organi37 zation’s conducting its responsibilities pursuant to this subdivision. 

38 § 203107. Prohibited use of funds 

39 No part of any grant made under this subdivision may be used to com40 pensate any person intervening in any proceeding under this division. 


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1 § 203108. Training in, and dissemination of information con2 cerning, professional methods and techniques for 

3 preservation of historic properties 

4 The Secretary shall develop and make available to Federal agencies, State 

5 and local governments, private organizations and individuals, and other na6 tions and international organizations pursuant to the World Heritage Con7 vention, training in, and information concerning, professional methods and 

8 techniques for the preservation of historic properties and for the administra9 tion of the historic preservation program at the Federal, State, and local 

10 level. The Secretary shall also develop mechanisms to provide information 

11 concerning historic preservation to the general public including students. 

12 § 203109. Preservation education and training program 

13 The Secretary, in consultation with the Council and other appropriate 

14 Federal, tribal, Native Hawaiian, and non-Federal organizations, shall de15 velop and implement a comprehensive preservation education and training 

16 program. The program shall include— 

17 (1) standards and increased preservation training opportunities for 

18 Federal workers involved in preservation-related functions; 

19 (2) preservation training opportunities for other Federal, State, trib20 al and local government workers, and students; 

21 (3) technical or financial assistance, or both, to historically black col22 leges and universities, to tribal colleges, and to colleges with a high en23 rollment of Native Americans or Native Hawaiians, to establish preser24 vation training and degree programs; and 

25 (4) where appropriate, coordination with the National Center for 

26 Preservation Technology and Training of— 

27 (A) distribution of information on preservation technologies; 

28 (B) provision of training and skill development in trades, crafts, 

29 and disciplines related to historic preservation in Federal training 

30 and development programs; and 

31 (C) support for research, analysis, conservation, curation, inter32 pretation, and display related to preservation. 

33 Subdivision 3—Other Organizations and 

34 Programs 

35 CHAPTER 2041—ADVISORY COUNCIL ON HISTORIC 

36 PRESERVATION 

Sec. 

204101. Establishment; vacancies. 

204102. Duties of Council. 

204103. Cooperation between Council and instrumentalities of executive branch of Federal 

Government. 

204104. Compensation of members of Council. 

204105. Administration. 


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204106. International Centre for the Study of the Preservation and Restoration of Cultural 

Property. 

204107. Transmittal of legislative recommendations, testimony, or comments to any officer 

or agency of the United States prior to submission to Congress. 

204108. Regulations, procedures, and guidelines. 

204109. Budget submission. 

204110. Report by Secretary to Council. 

204111. Reimbursements from State and local agencies. 

204112. Effectiveness of Federal grant and assistance programs. 

204113. Authorization of appropriations. 

1 § 204101. Establishment; vacancies 

2 (a) ESTABLISHMENT.—There is established as an independent agency of 

3 the United States Government an Advisory Council on Historic Preserva4 tion, which shall be composed of the following members: 

5 (1) A Chairman appointed by the President selected from the general 

6 public. 

7 (2) The Secretary. 

8 (3) The Architect of the Capitol. 

9 (4) The Secretary of Agriculture and the heads of 7 other agencies 

10 of the United States (other than the Department of the Interior), the 

11 activities of which affect historic preservation, designated by the Presi12 dent. 

13 (5) One Governor appointed by the President. 

14 (6) One mayor appointed by the President. 

15 (7) The President of the National Conference of State Historic Pres16 ervation Officers. 

17 (8) The Chairman of the National Trust. 

18 (9) Four experts in the field of historic preservation appointed by 

19 the President from architecture, history, archaeology, and other appro20 priate disciplines. 

21 (10) Three members from the general public, appointed by the Presi22 dent. 

23 (11) One member of an Indian tribe or Native Hawaiian organiza24 tion who represents the interests of the Indian tribe or Native Hawai25 ian organization of which he or she is a member, appointed by the 

26 President. 

27 (b) DESIGNATION OF SUBSTITUTES.—Each member of the Council speci28 fied in paragraphs (2) to (5), (7), and (8) of subsection (a) may designate 

29 another officer of the department, agency, or organization to serve on the 

30 Council instead of the member, except that, in the case of paragraphs (2) 

31 and (4), no officer other than an Assistant Secretary or an officer having 

32 major department-wide or agency-wide responsibilities may be designated. 

33 (c) TERM OF OFFICE.—Each member of the Council appointed under 

34 paragraphs (1) and (9) to (11) of subsection (a) shall serve for a term of 

35 4 years from the expiration of the term of the member’s predecessor. The 


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1 members appointed under paragraphs (5) and (6) shall serve for the term 

2 of their elected office but not in excess of 4 years. An appointed member 

3 may not serve more than 2 terms. An appointed member whose term has 

4 expired shall serve until that member’s successor has been appointed. 

5 (d) VACANCIES.—A vacancy in the Council shall not affect its powers, but 

6 shall be filled, not later than 60 days after the vacancy commences, in the 

7 same manner as the original appointment (and for the balance of the unex8 pired term). 

9 (e) DESIGNATION OF VICE CHAIRMAN.—The President shall designate a 

10 Vice Chairman from the members appointed under paragraph (5), (6), (9), 

11 or (10) of subsection (a). The Vice Chairman may act in place of the Chair12 man during the absence or disability of the Chairman or when the office 

13 is vacant. 

14 (f) QUORUM.—Twelve members of the Council shall constitute a quorum. 

15 § 204102. Duties of Council 

16 (a) DUTIES.—The Council shall— 

17 (1) advise the President and Congress on matters relating to historic 

18 preservation, recommend measures to coordinate activities of Federal, 

19 State, and local agencies and private institutions and individuals relat20 ing to historic preservation, and advise on the dissemination of infor21 mation pertaining to those activities; 

22 (2) encourage, in cooperation with the National Trust and appro23 priate private agencies, public interest and participation in historic 

24 preservation; 

25 (3) recommend the conduct of studies in such areas as— 

26 (A) the adequacy of legislative and administrative statutes and 

27 regulations pertaining to historic preservation activities of State 

28 and local governments; and 

29 (B) the effects of tax policies at all levels of government on his30 toric preservation; 

31 (4) advise as to guidelines for the assistance of State and local gov32 ernments in drafting legislation relating to historic preservation; 

33 (5) encourage, in cooperation with appropriate public and private 

34 agencies and institutions, training and education in the field of historic 

35 preservation; 

36 (6) review the policies and programs of Federal agencies and rec37 ommend to Federal agencies methods to improve the effectiveness, co38 ordination, and consistency of those policies and programs with the 

39 policies and programs carried out under this division; and 


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1 (7) inform and educate Federal agencies, State and local govern2 ments, Indian tribes, other nations and international organizations and 

3 private groups and individuals as to the Council’s authorized activities. 

4 (b) ANNUAL REPORT.—The Council annually shall submit to the Presi5 dent a comprehensive report of its activities and the results of its studies 

6 and shall from time to time submit additional and special reports as it 

7 deems advisable. Each report shall propose legislative enactments and other 

8 actions as, in the judgment of the Council, are necessary and appropriate 

9 to carry out its recommendations and shall provide the Council’s assessment 

10 of current and emerging problems in the field of historic preservation and 

11 an evaluation of the effectiveness of the programs of Federal agencies, State 

12 and local governments, and the private sector in carrying out this division. 

13 § 204103. Cooperation between Council and instrumental14 ities of executive branch of Federal Government 

15 The Council may secure directly from any Federal agency information, 

16 suggestions, estimates, and statistics for the purpose of this chapter. Each 

17 Federal agency may furnish information, suggestions, estimates, and statis18 tics to the extent permitted by law and within available funds. 

19 § 204104. Compensation of members of Council 

20 The members of the Council specified in paragraphs (2), (3), and (4) of 

21 section 204101(a) of this title shall serve without additional compensation. 

22 The other members of the Council shall receive $100 per diem when en23 gaged in the performance of the duties of the Council. All members of the 

24 Council shall receive reimbursement for necessary traveling and subsistence 

25 expenses incurred by them in the performance of the duties of the Council. 

26 § 204105. Administration 

27 (a) EXECUTIVE DIRECTOR.—There shall be an Executive Director of the 

28 Council who shall be appointed in the competitive service by the Chairman 

29 with the concurrence of the Council. The Executive Director shall report di30 rectly to the Council and perform such functions and duties as the Council 

31 may prescribe. 

32 (b) GENERAL COUNSEL AND APPOINTMENT OF OTHER ATTORNEYS.— 

33 (1) GENERAL COUNSEL.—The Council shall have a General Counsel, 

34 who shall be appointed by the Executive Director. The General Counsel 

35 shall report directly to the Executive Director and serve as the Coun36 cil’s legal advisor. 

37 (2) APPOINTMENT OF OTHER ATTORNEYS.—The Executive Director 

38 shall appoint other attorneys as may be necessary to— 

39 (A) assist the General Counsel; 


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1 (B) represent the Council in court when appropriate, including 

2 enforcement of agreements with Federal agencies to which the 

3 Council is a party; 

4 (C) assist the Department of Justice in handling litigation con5 cerning the Council in court; and 

6 (D) perform such other legal duties and functions as the Execu7 tive Director and the Council may direct. 

8 (c) APPOINTMENT AND COMPENSATION OF OFFICERS AND EMPLOY9 EES.—The Executive Director of the Council may appoint and fix the com10 pensation of officers and employees in the competitive service who are nec11 essary to perform the functions of the Council at rates not to exceed that 

12 prescribed for the highest rate for grade 15 of the General Schedule under 

13 section 5332 of title 5. The Executive Director, with the concurrence of the 

14 Chairman, may appoint and fix the compensation of not to exceed 5 employ15 ees in the competitive service at rates not to exceed that prescribed for a 

16 position classified above GS-15 pursuant to section 5108 of title 5. 

17 (d) APPOINTMENT AND COMPENSATION OF ADDITIONAL PERSONNEL.— 

18 The Executive Director may appoint and fix the compensation of such addi19 tional personnel as may be necessary to carry out the Council’s duties, with20 out regard to the civil service laws and chapter 51 and subchapter III of 

21 chapter 53 of title 5. 

22 (e) EXPERT AND CONSULTANT SERVICES.—The Executive Director may 

23 procure expert and consultant services in accordance with section 3109 of 

24 title 5. 

25 (f) FINANCIAL AND ADMINISTRATIVE SERVICES.— 

26 (1) SERVICES TO BE PROVIDED BY SECRETARY, AGENCY, OR PRI27 VATE ENTITY.—Financial and administrative services (including those 

28 related to budgeting, accounting, financial reporting, personnel and 

29 procurement) shall be provided the Council by the Secretary or, at the 

30 discretion of the Council, another agency or private entity that reaches 

31 an agreement with the Council, for which payments shall be made in 

32 advance, or by reimbursement, from funds of the Council in such 

33 amounts as may be agreed on by the Chairman of the Council and the 

34 head of the agency or the authorized representative of the private enti35 ty that will provide the services. 

36 (2) FEDERAL AGENCY REGULATIONS RELATING TO COLLECTION

37 APPLY.—When a Federal agency affords those services, the regulations 

38 of that agency under section 5514(b) of title 5 for the collection of in39 debtedness of personnel resulting from erroneous payments shall apply 

40 to the collection of erroneous payments made to or on behalf of a 

41 Council employee, and regulations of that agency under sections 


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1 1513(d) and 1514 of title 31 for the administrative control of funds 

2 shall apply to appropriations of the Council. The Council shall not be 

3 required to prescribe those regulations. 

4 (g) FUNDS, PERSONNEL, FACILITIES, AND SERVICES.— 

5 (1) PROVIDED BY FEDERAL AGENCY.—Any Federal agency may pro6 vide the Council, with or without reimbursement as may be agreed on 

7 by the Chairman and the agency, with such funds, personnel, facilities, 

8 and services under its jurisdiction and control as may be needed by the 

9 Council to carry out its duties, to the extent that the funds, personnel, 

10 facilities, and services are requested by the Council and are otherwise 

11 available for that purpose. Any funds provided to the Council pursuant 

12 to this subsection shall be expended by the end of the fiscal year fol13 lowing the fiscal year in which the funds are received by the Council. 

14 (2) OBTAINING ADDITIONAL PROPERTY, FACILITIES, AND SERVICES

15 AND RECEIVING DONATIONS OF MONEY.—To the extent of available ap16 propriations, the Council may obtain by purchase, rental, donation, or 

17 otherwise additional property, facilities, and services as may be needed 

18 to carry out its duties and may receive donations of money for that 

19 purpose. The Executive Director may accept, hold, use, expend, and ad20 minister the property, facilities, services, and money for the purposes 

21 of this division. 

22 (h) RIGHTS, BENEFITS, AND PRIVILEGES OF TRANSFERRED EMPLOY23 EES.—Any employee in the competitive service of the United States trans24 ferred to the Council under this section shall retain all the rights, benefits, 

25 and privileges pertaining to the competitive service held prior to the trans26 fer. 

27 (i) EXEMPTION FROM FEDERAL ADVISORY COMMITTEE ACT.—The 

28 Council is exempt from the Federal Advisory Committee Act (5 U.S.C. 

29 App.). 

30 (j) PROVISIONS THAT GOVERN OPERATIONS OF COUNCIL.—Subchapter 

31 II of chapter 5 and chapter 7 of title 5 shall govern the operations of the 

32 Council. 

33 § 204106. International Centre for the Study of the Preserva34 tion and Restoration of Cultural Property 

35 (a) AUTHORIZATION OF PARTICIPATION.—The participation of the United 

36 States as a member in the International Centre for the Study of the Preser37 vation and Restoration of Cultural Property is authorized. 

38 (b) OFFICIAL DELEGATION.—The Council shall recommend to the Sec39 retary of State, after consultation with the Smithsonian Institution and 

40 other public and private organizations concerned with the technical problems 

41 of preservation, the members of the official delegation that will participate 


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1 in the activities of the International Centre for the Study of the Preserva2 tion and Restoration of Cultural Property on behalf of the United States. 

3 The Secretary of State shall appoint the members of the official delegation 

4 from the persons recommended to the Secretary of State by the Council. 

5 § 204107. Transmittal of legislative recommendations, testi6 mony, or comments to any officer or agency of the 

7 United States prior to submission to Congress 

8 No officer or agency of the United States shall have any authority to re9 quire the Council to submit its legislative recommendations, or testimony, 

10 or comments on legislation to any officer or agency of the United States 

11 for approval, comments, or review, prior to the submission of the rec12 ommendations, testimony, or comments to Congress. When the Council vol13 untarily seeks to obtain the comments or review of any officer or agency 

14 of the United States, the Council shall include a description of the actions 

15 in its legislative recommendations, testimony, or comments on legislation 

16 that it transmits to Congress. 

17 § 204108. Regulations, procedures, and guidelines 

18 (a) IN GENERAL.—The Council may promulgate regulations as it con19 siders necessary to govern the implementation of section 205302 of this 

20 title. 

21 (b) PARTICIPATION BY LOCAL GOVERNMENTS.—The Council shall by reg22 ulation establish such procedures as may be necessary to provide for partici23 pation by local governments in proceedings and other actions taken by the 

24 Council with respect to undertakings referred to in section 205302 of this 

25 title that affect the local governments. 

26 (c) EXEMPTION FOR FEDERAL PROGRAMS OR UNDERTAKINGS.—The 

27 Council, with the concurrence of the Secretary, shall promulgate regulations 

28 or guidelines, as appropriate, under which Federal programs or under29 takings may be exempted from any or all of the requirements of this divi30 sion when the exemption is determined to be consistent with the purposes 

31 of this division, taking into consideration the magnitude of the exempted un32 dertaking or program and the likelihood of impairment of historic prop33 erties. 

34 § 204109. Budget submission 

35 (a) TIME AND MANNER OF SUBMISSION.—The Council shall submit its 

36 budget annually as a related agency of the Department of the Interior. 

37 (b) TRANSMITTAL OF COPIES TO CONGRESSIONAL COMMITTEES.—When38 ever the Council submits any budget estimate or request to the President 

39 or the Office of Management and Budget, it shall concurrently transmit 

40 copies of that estimate or request to the Committee on Natural Resources 

41 and Committee on Appropriations of the House of Representatives and the 


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1 Committee on Energy and Natural Resources and Committee on Appropria2 tions of the Senate. 

3 § 204110. Report by Secretary to Council 

4 To assist the Council in discharging its responsibilities under this divi5 sion, the Secretary at the request of the Chairman shall provide a report 

6 to the Council detailing the significance of any historic property, describing 

7 the effects of any proposed undertaking on the affected property, and rec8 ommending measures to avoid, minimize, or mitigate adverse effects. 

9 § 204111. Reimbursements from State and local agencies 

10 Subject to applicable conflict of interest laws, the Council may receive re11 imbursements from State and local agencies and others pursuant to agree12 ments executed in furtherance of this division. 

13 § 204112. Effectiveness of Federal grant and assistance pro14 grams 

15 (a) COOPERATIVE AGREEMENTS.—The Council may enter into a coopera16 tive agreement with any Federal agency that administers a grant or assist17 ance program for the purpose of improving the effectiveness of the adminis18 tration of the program in meeting the purposes and policies of this division. 

19 The cooperative agreement may include provisions that modify the selection 

20 criteria for a grant or assistance program to further the purposes of this 

21 division or that allow the Council to participate in the selection of recipients, 

22 if those provisions are not inconsistent with the grant or assistance pro23 gram’s statutory authorization and purpose. 

24 (b) REVIEW OF GRANT AND ASSISTANCE PROGRAMS.—The Council 

25 may— 

26 (1) review the operation of any Federal grant or assistance program 

27 to evaluate the effectiveness of the program in meeting the purposes 

28 and policies of this division; 

29 (2) make recommendations to the head of any Federal agency that 

30 administers the program to further the consistency of the program with 

31 the purposes and policies of this division and to improve its effective32 ness in carrying out those purposes and policies; and 

33 (3) make recommendations to the President and Congress regarding 

34 the effectiveness of Federal grant and assistance programs in meeting 

35 the purposes and policies of this division, including recommendations 

36 with regard to appropriate funding levels. 

37 § 204113. Authorization of appropriations 

38 There are authorized to be appropriated such amounts as are necessary 

39 to carry out this chapter. 


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1 CHAPTER 2043—HISTORIC LIGHT STATION 

2 PRESERVATION 

Sec. 

204301. Definitions. 

204302. Duties of Secretary in providing a national historic light station program. 

204303. Selection of eligible entity and conveyance of historic light stations. 

204304. Terms of conveyance. 

204305. Description of property. 

204306. Historic light station sales. 

3 § 204301. Definitions 

4 In this chapter: 

5 (1) ADMINISTRATOR.—The term ‘‘Administrator’’ means the Admin6 istrator of General Services. 

7 (2) ELIGIBLE ENTITY.—The term ‘‘eligible entity’’ means— 

8 (A) any department or agency of the Federal Government; or 

9 (B) any department or agency of the State in which a historic 

10 light station is located, the local government of the community in 

11 which a historic light station is located, a nonprofit corporation, 

12 an educational agency, or a community development organization 

13 that— 

14 (i) has agreed to comply with the conditions set forth in 

15 section 204304 of this title and to have the conditions re16 corded with the deed of title to the historic light station; and 

17 (ii) is financially able to maintain the historic light station 

18 in accordance with the conditions set forth in section 204304 

19 of this title. 

20 (3) FEDERAL AID TO NAVIGATION.— 

21 (A) IN GENERAL.—The term ‘‘Federal aid to navigation’’ means 

22 any device, operated and maintained by the United States, exter23 nal to a vessel or aircraft, intended to assist a navigator to deter24 mine position or safe course, or to warn of dangers or obstructions 

25 to navigation. 

26 (B) INCLUSIONS.—The term ‘‘Federal aid to navigation’’ in27 cludes a light, lens, lantern, antenna, sound signal, camera, sen28 sor, piece of electronic navigation equipment, power source, or 

29 other piece of equipment associated with a device described in sub30 paragraph (A). 

31 (4) HISTORIC LIGHT STATION.—The term ‘‘historic light station’’ in32 cludes the light tower, lighthouse, keeper’s dwelling, garages, storage 

33 sheds, oil house, fog signal building, boat house, barn, pumphouse, 

34 tramhouse support structures, piers, walkways, underlying and appur35 tenant land and related real property and improvements associated 

36 with a historic light station that is a historic property. 


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1 § 204302. Duties of Secretary in providing a national his2 toric light station program 

3 To provide a national historic light station program, the Secretary shall— 

4 (1) collect and disseminate information concerning historic light sta5 tions; 

6 (2) foster educational programs relating to the history, practice, and 

7 contribution to society of historic light stations; 

8 (3) sponsor or conduct research and study into the history of light 

9 stations; 

10 (4) maintain a listing of historic light stations; and 

11 (5) assess the effectiveness of the program established by this chap12 ter regarding the conveyance of historic light stations. 

13 § 204303. Selection of eligible entity and conveyance of his14 toric light stations 

15 (a) PROCESS AND POLICIES.—The Secretary and the Administrator shall 

16 maintain a process and policies for identifying, and selecting, an eligible en17 tity to which a historic light station could be conveyed for education, park, 

18 recreation, cultural, or historic preservation purposes, and to monitor the 

19 use of the light station by the eligible entity. 

20 (b) APPLICATION REVIEW.— 

21 (1) IN GENERAL.—The Secretary shall— 

22 (A) review all applications for the conveyance of a historic light 

23 station, when the agency with administrative jurisdiction over the 

24 historic light station has determined the property to be excess 

25 property (as that term is defined in section 102 of title 40); and 

26 (B) forward to the Administrator a single approved application 

27 for the conveyance of the historic light station. 

28 (2) CONSULTATION.—When selecting an eligible entity, the Secretary 

29 shall consult with the State Historic Preservation Officer of the State 

30 in which the historic light station is located. 

31 (c) CONVEYANCE OR SALE OF HISTORIC LIGHT STATIONS.— 

32 (1) CONVEYANCE BY ADMINISTRATOR.—Except as provided in para33 graph (2), after the Secretary’s selection of an eligible entity, the Ad34 ministrator shall convey, by quitclaim deed, without consideration, all 

35 right, title, and interest of the United States in and to a historic light 

36 station, subject to the conditions set forth in section 204304 of this 

37 title. The conveyance of a historic light station under this chapter shall 

38 not be subject to the McKinney-Vento Homeless Assistance Act (42 

39 U.S.C. 11301 et seq.) or section 416(d) of the Coast Guard Authoriza40 tion Act of 1998 (Public Law 105–383, 14 U.S.C. 93 note). 


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1 (2) HISTORIC LIGHT STATION LOCATED WITHIN A SYSTEM UNIT OR

2 A REFUGE WITHIN NATIONAL WILDLIFE REFUGE SYSTEM.— 

3 (A) APPROVAL OF SECRETARY REQUIRED.—A historic light sta4 tion located within the exterior boundaries of a System unit or a 

5 refuge within the National Wildlife Refuge System shall be con6 veyed or sold only with the approval of the Secretary. 

7 (B) CONDITIONS OF CONVEYANCE.—If the Secretary approves 

8 the conveyance of a historic light station described in subpara9 graph (A), the conveyance shall be subject to the conditions set 

10 forth in section 204304 of this title and any other terms or condi11 tions that the Secretary considers necessary to protect the re12 sources of the System unit or wildlife refuge. 

13 (C) CONDITIONS OF SALE.—If the Secretary approves the sale 

14 of a historic light station described in subparagraph (A), the sale 

15 shall be subject to the conditions set forth in paragraphs (1) to 

16 (4) and (8) of subsection (a), and subsection (b), of section 

17 204304 of this title and any other terms or conditions that the 

18 Secretary considers necessary to protect the resources of the Sys19 tem unit or wildlife refuge. 

20 (D) COOPERATIVE AGREEMENTS.—The Secretary is encouraged 

21 to enter into cooperative agreements with appropriate eligible enti22 ties with respect to historic light stations described in subpara23 graph (A), as provided in this division, to the extent that the coop24 erative agreements are consistent with the Secretary’s responsibil25 ities to manage and administer the System unit or wildlife refuge. 

26 § 204304. Terms of conveyance 

27 (a) IN GENERAL.—The conveyance of a historic light station shall be 

28 made subject to any conditions, including the reservation of easements and 

29 other rights on behalf of the United States, that the Administrator con30 siders necessary to ensure that— 

31 (1) the Federal aids to navigation located at the historic light station 

32 in operation on the date of conveyance remain the personal property 

33 of the United States and continue to be operated and maintained by 

34 the United States for as long as needed for navigational purposes; 

35 (2) there is reserved to the United States the right to remove, re36 place, or install any Federal aid to navigation located at the historic 

37 light station as may be necessary for navigational purposes; 

38 (3) the eligible entity to which the historic light station is conveyed 

39 shall not interfere or allow interference in any manner with any Fed40 eral aid to navigation or hinder activities required for the operation and 

41 maintenance of any Federal aid to navigation without the express writVerDate Mar 15 2010 21:07 Sep 23, 2010 Jkt 089200 PO 00000 Frm 00149 Fmt 6652 Sfmt 6221 E:\BILLS\H6161.IH H6161

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1 ten permission of the head of the agency responsible for maintaining 

2 the Federal aid to navigation; 

3 (4)(A) the eligible entity to which the historic light station is con4 veyed shall, at its own cost and expense, use and maintain the historic 

5 light station in accordance with this division, the Secretary’s Standards 

6 for the Treatment of Historic Properties contained in part 68 of title 

7 36, Code of Federal Regulations, and other applicable laws; and 

8 (B) any proposed changes to the historic light station shall be re9 viewed and approved by the Secretary in consultation with the State 

10 Historic Preservation Officer of the State in which the historic light 

11 station is located, for consistency with section 800.5(a)(2)(vii) of title 

12 36, Code of Federal Regulations and the Secretary’s Standards for Re13 habilitation contained in section 67.7 of title 36, Code of Federal Regu14 lations; 

15 (5) the eligible entity to which the historic light station is conveyed 

16 shall make the historic light station available for education, park, recre17 ation, cultural, or historic preservation purposes for the general public 

18 at reasonable times and under reasonable conditions; 

19 (6) the eligible entity to which the historic light station is conveyed 

20 shall not sell, convey, assign, exchange, or encumber the historic light 

21 station, any part of the historic light station, or any associated historic 

22 artifact conveyed to the eligible entity in conjunction with the historic 

23 light station conveyance, including any lens or lantern, unless the sale, 

24 conveyance, assignment, exchange, or encumbrance is approved by the 

25 Secretary; 

26 (7) the eligible entity to which the historic light station is conveyed 

27 shall not conduct any commercial activity at the historic light station, 

28 at any part of the historic light station, or in connection with any asso29 ciated historic artifact conveyed to the eligible entity in conjunction 

30 with the historic light station conveyance, in any manner, unless the 

31 commercial activity is approved by the Secretary; and 

32 (8) the United States shall have the right, at any time, to enter the 

33 historic light station without notice, for purposes of operating, main34 taining, and inspecting any aid to navigation and for the purpose of 

35 ensuring compliance with this section, to the extent that it is not pos36 sible to provide advance notice. 

37 (b) MAINTENANCE OF AID TO NAVIGATION.—Any eligible entity to which 

38 a historic light station is conveyed shall not be required to maintain any 

39 Federal aid to navigation associated with a historic light station, except any 

40 private aid to navigation permitted to the eligible entity under section 83 

41 of title 14. 


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1 (c) REVERSION.—In addition to any term or condition established pursu2 ant to this section, the conveyance of a historic light station shall include 

3 a condition that the historic light station, or any associated historic artifact 

4 conveyed to the eligible entity in conjunction with the historic light station 

5 conveyance, including any lens or lantern, at the option of the Adminis6 trator, shall revert to the United States and be placed under the administra7 tive control of the Administrator, if— 

8 (1) the historic light station, any part of the historic light station, 

9 or any associated historic artifact ceases to be available for education, 

10 park, recreation, cultural, or historic preservation purposes for the gen11 eral public at reasonable times and under reasonable conditions that 

12 shall be set forth in the eligible entity’s application; 

13 (2) the historic light station or any part of the historic light station 

14 ceases to be maintained in a manner that ensures its present or future 

15 use as a site for a Federal aid to navigation; 

16 (3) the historic light station, any part of the historic light station, 

17 or any associated historic artifact ceases to be maintained in compli18 ance with this division, the Secretary of the Interior’s Standards for 

19 the Treatment of Historic Properties contained in part 68 of title 36, 

20 Code of Federal Regulations, and other applicable laws; 

21 (4) the eligible entity to which the historic light station is conveyed 

22 sells, conveys, assigns, exchanges, or encumbers the historic light sta23 tion, any part of the historic light fixture, or any associated historic 

24 artifact, without approval of the Secretary; 

25 (5) the eligible entity to which the historic light station is conveyed 

26 conducts any commercial activity at the historic light station, at any 

27 part of the historic light station, or in conjunction with any associated 

28 historic artifact, without approval of the Secretary; or 

29 (6) at least 30 days before the reversion, the Administrator provides 

30 written notice to the owner that the historic light station or any part 

31 of the historic light station is needed for national security purposes. 

32 (d) LIGHT STATIONS ORIGINALLY CONVEYED UNDER OTHER AUTHOR33 ITY.—On receiving notice of an executed or intended conveyance by an 

34 owner that received from the Federal Government under authority other 

35 than this division an historic light station in which the United States retains 

36 a reversionary or other interest and that is conveying it to another person 

37 by sale, gift, or any other manner, the Secretary shall review the terms of 

38 the executed or proposed conveyance to ensure that any new owner is capa39 ble of or is complying with any and all conditions of the original conveyance. 

40 The Secretary may require the parties to the conveyance and relevant Fed41 eral agencies to provide information as is necessary to complete the review. 


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1 If the Secretary determines that the new owner has not complied or is un2 able to comply with those conditions, the Secretary shall immediately advise 

3 the Administrator, who shall invoke any reversionary interest or take other 

4 action as may be necessary to protect the interests of the United States. 

5 § 204305. Description of property 

6 (a) IN GENERAL.—The Administrator shall prepare the legal description 

7 of any historic light station conveyed under this chapter. The Administrator, 

8 in consultation with the Secretary of Homeland Security and the Secretary, 

9 may retain all right, title, and interest of the United States in and to any 

10 historical artifact, including any lens or lantern, that is associated with the 

11 historic light station and located at the historic light station at the time of 

12 conveyance. Wherever possible, the historical artifacts should be used in in13 terpreting the historic light station. In cases where there is no method for 

14 preserving lenses and other artifacts and equipment in situ, priority should 

15 be given to preservation or museum entities most closely associated with the 

16 historic light station, if they meet loan requirements. 

17 (b) ARTIFACTS.—Artifacts associated with, but not located at, a historic 

18 light station at the time of conveyance shall remain the property of the 

19 United States under the administrative control of the Secretary of Home20 land Security. 

21 (c) COVENANTS.—All conditions placed with the quitclaim deed of title to 

22 the historic light station shall be construed as covenants running with the 

23 land. 

24 (d) SUBMERGED LAND.—No submerged land shall be conveyed under this 

25 chapter. 

26 § 204306. Historic light station sales 

27 (a) IN GENERAL.— 

28 (1) WHEN SALE MAY OCCUR.—If no applicant is approved for the 

29 conveyance of a historic light station pursuant to sections 204301 to 

30 204305 of this title, the historic light station shall be offered for sale. 

31 (2) TERMS OF SALE.—Terms of the sales— 

32 (A) shall be developed by the Administrator; and 

33 (B) shall be consistent with the requirements of paragraphs (1) 

34 to (4) and (8) of subsection (a), and subsection (b), of section 

35 204304 of this title. 

36 (3) COVENANTS TO BE INCLUDED IN CONVEYANCE DOCUMENTS.— 

37 Conveyance documents shall include all necessary covenants to protect 

38 the historical integrity of the historic light station and ensure that any 

39 Federal aid to navigation located at the historic light station is oper40 ated and maintained by the United States for as long as needed for 

41 that purpose. 


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1 (b) NET SALE PROCEEDS.— 

2 (1) DISPOSITION AND USE OF FUNDS.—Net sale proceeds from the 

3 disposal of a historic light station— 

4 (A) located on public domain land shall be transferred to the 

5 National Maritime Heritage Grants Program established under 

6 chapter 283 of this title in the Department of the Interior; and 

7 (B) under the administrative control of the Secretary of Home8 land Security— 

9 (i) shall be credited to the Coast Guard’s Operating Ex10 penses appropriation account; and 

11 (ii) shall be available for obligation and expenditure for the 

12 maintenance of light stations remaining under the adminis13 trative control of the Secretary of Homeland Security. 

14 (2) AVAILABILITY OF FUNDS.—The funds referred to in paragraph 

15 (1)(B) shall remain available until expended and shall be available in 

16 addition to funds available in the Coast Guard’s Operating Expense ap17 propriation for that purpose. 

18 CHAPTER 2045—NATIONAL CENTER FOR 

19 PRESERVATION TECHNOLOGY AND TRAINING 

Sec. 

204501. Findings. 

204502. Definitions. 

204503. National Center for Preservation Technology and Training. 

204504. Preservation Technology and Training Board. 

204505. Preservation grants. 

204506. General provisions. 

204507. Service preservation centers and offices. 

20 § 204501. Findings 

21 Congress finds that, given the complexity of technical problems encoun22 tered in preserving historic properties and the lack of adequate distribution 

23 of technical information to preserve historic properties, a national initiative 

24 to coordinate and promote research, distribute information, and provide 

25 training about preservation skills and technologies would be beneficial. 

26 § 204502. Definitions 

27 In this chapter: 

28 (1) BOARD.—The term ‘‘Board’’ means the Preservation Technology 

29 and Training Board established pursuant to section 204504 of this 

30 title. 

31 (2) CENTER.—The term ‘‘Center’’ means the National Center for 

32 Preservation Technology and Training established pursuant to section 

33 204503 of this title. 


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1 § 204503. National Center for Preservation Technology and 

2 Training 

3 (a) ESTABLISHMENT.—There is established within the Department of the 

4 Interior a National Center for Preservation Technology and Training. The 

5 Center shall be located at Northwestern State University of Louisiana in 

6 Natchitoches, Louisiana. 

7 (b) PURPOSES.—The purposes of the Center shall be to— 

8 (1) develop and distribute preservation and conservation skills and 

9 technologies for the identification, evaluation, conservation, and inter10 pretation of historic properties; 

11 (2) develop and facilitate training for Federal, State, and local re12 source preservation professionals, cultural resource managers, mainte13 nance personnel, and others working in the preservation field; 

14 (3) take steps to apply preservation technology benefits from ongoing 

15 research by other agencies and institutions; 

16 (4) facilitate the transfer of preservation technology among Federal 

17 agencies, State and local governments, universities, international orga18 nizations, and the private sector; and 

19 (5) cooperate with related international organizations including the 

20 International Council on Monuments and Sites, the International Cen21 ter for the Study of Preservation and Restoration of Cultural Property, 

22 and the International Council on Museums. 

23 (c) PROGRAMS.—The purposes shall be carried out through research, pro24 fessional training, technical assistance, and programs for public awareness, 

25 and through a program of grants established under section 204505 of this 

26 title. 

27 (d) EXECUTIVE DIRECTOR.—The Center shall be headed by an Executive 

28 Director with demonstrated expertise in historic preservation appointed by 

29 the Secretary with advice of the Board. 

30 (e) ASSISTANCE FROM SECRETARY.—The Secretary shall provide the 

31 Center assistance in obtaining such personnel, equipment, and facilities as 

32 may be needed by the Center to carry out its activities. 

33 § 204504. Preservation Technology and Training Board 

34 (a) ESTABLISHMENT.—There is established a Preservation Technology 

35 and Training Board. 

36 (b) DUTIES.—The Board shall— 

37 (1) provide leadership, policy advice, and professional oversight to 

38 the Center; 

39 (2) advise the Secretary on priorities and the allocation of grants 

40 among the activities of the Center; and 

41 (3) submit an annual report to the President and Congress. 


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1 (c) MEMBERSHIP.—The Board shall be comprised of— 

2 (1) the Secretary; 

3 (2) 6 members appointed by the Secretary, who shall represent ap4 propriate Federal, State, and local agencies, State and local historic 

5 preservation commissions, and other public and international organiza6 tions; and 

7 (3) 6 members appointed by the Secretary on the basis of out8 standing professional qualifications, who represent major organizations 

9 in the fields of archaeology, architecture, conservation, curation, engi10 neering, history, historic preservation, landscape architecture, planning, 

11 or preservation education. 

12 § 204505. Preservation grants 

13 (a) IN GENERAL.—The Secretary, in consultation with the Board, shall 

14 provide preservation technology and training grants to eligible applicants 

15 with a demonstrated institutional capability and commitment to the pur16 poses of the Center, in order to ensure an effective and efficient system of 

17 research, information distribution, and skills training in all the related his18 toric preservation fields. 

19 (b) GRANT REQUIREMENTS.— 

20 (1) ALLOCATION.—Grants provided under this section shall be allo21 cated in such a fashion as to reflect the diversity of the historic preser22 vation fields and shall be geographically distributed. 

23 (2) LIMIT ON AMOUNT A RECIPIENT MAY RECEIVE.—No grant recipi24 ent may receive more than 10 percent of the grants allocated under 

25 this section within any year. 

26 (3) LIMIT ON ADMINISTRATIVE COSTS.—The total administrative 

27 costs, direct and indirect, charged for carrying out grants under this 

28 section may not exceed 25 percent of the aggregate costs. 

29 (c) ELIGIBLE APPLICANTS.—Eligible applicants may include— 

30 (1) Federal and non-Federal laboratories; 

31 (2) accredited museums; 

32 (3) universities; 

33 (4) nonprofit organizations; 

34 (5) System units and offices and Cooperative Park Study Units of 

35 the System; 

36 (6) State Historic Preservation Offices; 

37 (7) tribal preservation offices; and 

38 (8) Native Hawaiian organizations. 

39 (d) STANDARDS AND METHODS.—Grants shall be awarded in accordance 

40 with accepted professional standards and methods, including peer review of 

41 projects. 


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1 § 204506. General provisions 

2 (a) ACCEPTANCE OF GRANTS AND TRANSFERS.—The Center may ac3 cept— 

4 (1) grants and donations from private individuals, groups, organiza5 tions, corporations, foundations, and other entities; and 

6 (2) transfers of funds from other Federal agencies. 

7 (b) CONTRACTS AND COOPERATIVE AGREEMENTS.—Subject to appropria8 tions, the Center may enter into contracts and cooperative agreements with 

9 Federal, State, local, and tribal governments, Native Hawaiian organiza10 tions, educational institutions, and other public entities to carry out the 

11 Center’s responsibilities under this chapter. 

12 (c) ADDITIONAL FUNDS.—Funds appropriated for the Center shall be in 

13 addition to funds appropriated for Service programs, centers, and offices in 

14 existence on October 30, 1992. 

15 § 204507. Service preservation centers and offices 

16 To improve the use of existing Service resources, the Secretary shall fully 

17 utilize and further develop the Service preservation (including conservation) 

18 centers and regional offices. The Secretary shall improve the coordination 

19 of the centers and offices within the Service, and shall, where appropriate, 

20 coordinate their activities with the Center and with other appropriate par21 ties. 

22 Subdivision 4—Federal Responsibilities 

23 CHAPTER 2051—HISTORIC PROPERTIES 

Subchapter I—Historic Properties Owned or Controlled by Federal 

Agencies 

Sec. 

205101. Assumption of responsibility for preservation of historic properties. 

205102. Preservation program. 

205103. Records on historic properties to be altered or demolished. 

205104. Agency Preservation Officer. 

205105. Agency programs and projects. 

205106. Review of plans of transferees of surplus federally owned historic properties. 

205107. Planning and actions to minimize harm to National Historic Landmarks. 

205108. Costs of preservation as eligible project costs. 

205109. Annual preservation awards program. 

205110. Environmental impact statement. 

205111. Waiver of provisions in event of natural disaster or imminent threat to national security. 

205112. Assistance for adversely affected historic property. 

205113. Documentation of decisions respecting undertakings. 

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

205121. Lease or exchange. 

205122. Contracts for managment of historic property. 

Subchapter III—Protection and Preservation of Resources 

205131. Standards and guidelines. 

205132. Access to information. 


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1 Subchapter I—Historic Properties Owned or Controlled by 

2 Federal Agencies 

3 § 205101. Assumption of responsibility for preservation of 

4 historic properties 

5 (a) IN GENERAL.— 

6 (1) AGENCY HEAD RESPONSIBILITY.—The head of each Federal 

7 agency shall assume responsibility for the preservation of historic prop8 erties that are owned or controlled by the agency. 

9 (2) USE OF AVAILABLE HISTORIC PROPERTIES.—Prior to acquiring, 

10 constructing, or leasing a building for purposes of carrying out agency 

11 responsibilities, a Federal agency shall use, to the maximum extent fea12 sible, historic properties available to the agency, in accordance with Ex13 ecutive Order No. 13006 (40 U.S.C. 3306 note). 

14 (3) NECESSARY PRESERVATION.—Each Federal agency shall under15 take, consistent with the preservation of historic properties, the mission 

16 of the agency, and the professional standards established pursuant to 

17 subsection (c), any preservation as may be necessary to carry out this 

18 chapter. 

19 (b) GUIDELINES FOR FEDERAL AGENCY RESPONSIBILITY FOR AGENCY20 OWNED HISTORIC PROPERTIES.—In consultation with the Council, the Sec21 retary shall promulgate guidelines for Federal agency responsibilities under 

22 this subchapter. 

23 (c) PROFESSIONAL STANDARDS FOR PRESERVATION OF FEDERALLY

24 OWNED OR CONTROLLED HISTORIC PROPERTIES.—The Secretary shall 

25 maintain, in consultation with the Secretary of Agriculture, the Secretary 

26 of Defense, the Smithsonian Institution, and the Administrator of General 

27 Services, professional standards for the preservation of historic properties 

28 in Federal ownership or control. 

29 § 205102. Preservation program 

30 (a) ESTABLISHMENT.—Each Federal agency (except an agency that is ex31 empted pursuant to section 204108(c) of this title) shall establish, in con32 sultation with the Secretary, a preservation program for the identification, 

33 evaluation, and nomination to the National Register, and protection, of his34 toric properties. 

35 (b) REQUIREMENTS.—The program shall ensure that— 

36 (1) historic properties under the jurisdiction or control of the agency 

37 are identified, evaluated, and nominated to the National Register; 

38 (2) historic properties under the jurisdiction or control of the agency 

39 are managed and maintained in a way that considers the preservation 

40 of their historic, archaeological, architectural, and cultural values in 

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1 ation to the preservation of those values in the case of properties des2 ignated as having national significance; 

3 (3) the preservation of properties not under the jurisdiction or con4 trol of the agency but potentially affected by agency actions are given 

5 full consideration in planning; 

6 (4) the agency’s preservation-related activities are carried out in con7 sultation with other Federal, State, and local agencies, Indian tribes, 

8 Native Hawaiian organizations carrying out historic preservation plan9 ning activities, and the private sector; and 

10 (5) the agency’s procedures for compliance with section 205302 of 

11 this title— 

12 (A) are consistent with regulations promulgated by the Council 

13 pursuant to section 204108(a) and (b) of this title; 

14 (B) provide a process for the identification and evaluation of 

15 historic properties for listing in the National Register and the de16 velopment and implementation of agreements, in consultation with 

17 State Historic Preservation Officers, local governments, Indian 

18 tribes, Native Hawaiian organizations, and the interested public, 

19 as appropriate, regarding the means by which adverse effects on 

20 historic properties will be considered; and 

21 (C) provide for the disposition of Native American cultural 

22 items from Federal or tribal land in a manner consistent with sec23 tion 3(c) of the Native American Graves Protection and Repatri24 ation Act (25 U.S.C. 3002(c)). 

25 § 205103. Records on historic properties to be altered or de26 molished 

27 Each Federal agency shall initiate measures to ensure that where, as a 

28 result of Federal action or assistance carried out by the agency, a historic 

29 property is to be substantially altered or demolished— 

30 (1) timely steps are taken to make or have made appropriate 

31 records; and 

32 (2) the records are deposited, in accordance with section 202306 of 

33 this title, in the Library of Congress or with such other appropriate 

34 agency as the Secretary may designate, for future use and reference. 

35 § 205104. Agency Preservation Officer 

36 The head of each Federal agency (except an agency that is exempted 

37 under section 204108(c) of this title) shall designate a qualified official to 

38 be known as the agency’s Preservation Officer who shall be responsible for 

39 coordinating the agency’s activities under this division. Each Preservation 

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1 priate training program established by the Secretary under section 

2 205101(c) of this title. 

3 § 205105. Agency programs and projects 

4 Consistent with the agency’s missions and mandates, each Federal agency 

5 shall carry out agency programs and projects (including those under which 

6 any Federal assistance is provided or any Federal license, permit, or other 

7 approval is required) in accordance with the purposes of this division and 

8 give consideration to programs and projects that will further the purposes 

9 of this division. 

10 § 205106. Review of plans of transferees of surplus federally 

11 owned historic properties 

12 The Secretary shall review and approve the plans of transferees of surplus 

13 federally owned historic properties not later than 90 days after receipt of 

14 the plans to ensure that the prehistorical, historical, architectural, or cul15 turally significant values will be preserved or enhanced. 

16 § 205107. Planning and actions to minimize harm to Na17 tional Historic Landmarks 

18 Prior to the approval of any Federal undertaking that may directly and 

19 adversely affect any National Historic Landmark, the head of the respon20 sible Federal agency shall— 

21 (1) to the maximum extent possible, undertake such planning and 

22 actions as may be necessary to minimize harm to the landmark; and 

23 (2) afford the Council a reasonable opportunity to comment on the 

24 undertaking. 

25 § 205108. Costs of preservation as eligible project costs 

26 A Federal agency may include the costs of preservation activities of the 

27 agency under this division as eligible project costs in all undertakings of the 

28 agency or assisted by the agency. The eligible project costs may include 

29 amounts paid by a Federal agency to a State to be used in carrying out 

30 the preservation responsibilities of the Federal agency under this division, 

31 and reasonable costs may be charged to Federal licensees and permittees 

32 as a condition to the issuance of the license or permit. 

33 § 205109. Annual preservation awards program 

34 The Secretary shall establish an annual preservation awards program 

35 under which the Secretary may make monetary awards in amounts of not 

36 to exceed $1,000 and provide citations for special achievement to officers 

37 and employees of Federal, State, and certified local governments in recogni38 tion of their outstanding contributions to the preservation of historic re39 sources. The program may include the issuance of annual awards by the 

40 President to any citizen of the United States recommended for the award 

41 by the Secretary. 


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1 § 205110. Environmental impact statement 

2 Nothing in this division shall be construed to— 

3 (1) require the preparation of an environmental impact statement 

4 where the statement would not otherwise be required under the Na5 tional Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.); or 

6 (2) provide any exemption from any requirement respecting the prep7 aration of an environmental impact statement under that Act. 

8 § 205111. Waiver of provisions in event of natural disaster 

9 or imminent threat to national security 

10 The Secretary shall promulgate regulations under which the requirements 

11 of this chapter may be waived in whole or in part in the event of a major 

12 natural disaster or an imminent threat to national security. 

13 § 205112. Assistance for adversely affected historic property 

14 Each Federal agency shall ensure that the agency will not grant a loan, 

15 loan guarantee, permit, license, or other assistance to an applicant that, 

16 with intent to avoid the requirements of section 205302 of this title, has 

17 intentionally significantly adversely affected a historic property to which the 

18 grant would relate, or having legal power to prevent it, has allowed the sig19 nificant adverse effect to occur, unless the agency, after consultation with 

20 the Council, determines that circumstances justify granting the assistance 

21 despite the adverse effect created or permitted by the applicant. 

22 § 205113. Documentation of decisions respecting under23 takings 

24 With respect to any undertaking subject to section 205302 of this title 

25 that adversely affects any property included in or eligible for inclusion on 

26 the National Register, and for which a Federal agency has not entered into 

27 an agreement pursuant to regulations issued by the Council, the head of the 

28 agency shall document any decision made pursuant to section 205302 of 

29 this title. The head of the agency may not delegate responsibilities pursuant 

30 to that section. Where a memorandum of agreement under section 205302 

31 of this title has been executed with respect to an undertaking, the memo32 randum shall govern the undertaking and all of its parts. 

33 Subchapter II—Lease, Exchange, or Management of Historic 

34 Property 

35 § 205121. Lease or exchange 

36 (a) AUTHORITY TO LEASE OR EXCHANGE.—Notwithstanding any other 

37 provision of law, each Federal agency, after consultation with the Council— 

38 (1) shall, to the extent practicable, establish and implement alter39 natives (including adaptive use) for historic properties that are not 

40 needed for current or projected agency purposes; and 


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1 (2) may lease a historic property owned by the agency to any person 

2 or organization, or exchange any property owned by the agency with 

3 comparable historic property, if the agency head determines that the 

4 lease or exchange will adequately ensure the preservation of the historic 

5 property. 

6 (b) PROCEEDS OF LEASE.—Notwithstanding any other provision of law, 

7 the proceeds of any lease under subsection (a) may be retained by the agen8 cy entering into the lease and used to defray the costs of administration, 

9 maintenance, repair, and related expenses incurred by the agency with re10 spect to that property or other properties that are on the National Register 

11 that are owned by, or are under the jurisdiction or control of, the agency. 

12 Any surplus proceeds from the leases shall be deposited in the Treasury at 

13 the end of the second fiscal year following the fiscal year in which the pro14 ceeds were received. 

15 § 205122. Contracts for management of historic property 

16 The head of any Federal agency having responsibility for the management 

17 of any historic property may, after consultation with the Council, enter into 

18 a contract for the management of the property. The contract shall contain 

19 terms and conditions that the head of the agency considers necessary or ap20 propriate to protect the interests of the United States and ensure adequate 

21 preservation of the historic property. 

22 Subchapter III—Protection and Preservation of Resources 

23 § 205131. Standards and guidelines 

24 (a) STANDARDS.— 

25 (1) IN GENERAL.—Each Federal agency that is responsible for the 

26 protection of historic property (including archaeological property) pur27 suant to this division or any other law shall ensure that— 

28 (A) all actions taken by employees or contractors of the agency 

29 meet professional standards under regulations developed by the 

30 Secretary in consultation with the Council, other affected agencies, 

31 and the appropriate professional societies of archaeology, architec32 ture, conservation, history, landscape architecture, and planning; 

33 (B) agency personnel or contractors responsible for historic 

34 properties meet qualification standards established by the Office of 

35 Personnel Management in consultation with the Secretary and ap36 propriate professional societies of archaeology, architecture, con37 servation, curation, history, landscape architecture, and planning; 

38 and 

39 (C) records and other data, including data produced by histor40 ical research and archaeological surveys and excavations, are per41 manently maintained in appropriate databases and made available 


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1 to potential users pursuant to such regulations as the Secretary 

2 shall promulgate. 

3 (2) CONSIDERATIONS.—The standards referred to in paragraph 

4 (1)(B) shall consider the particular skills and expertise needed for the 

5 preservation of historic properties and shall be equivalent requirements 

6 for the disciplines involved. 

7 (b) GUIDELINES.—To promote the preservation of historic property eligi8 ble for listing on the National Register, the Secretary shall, in consultation 

9 with the Council, promulgate guidelines to ensure that Federal, State, and 

10 tribal historic preservation programs subject to this division include plans 

11 to— 

12 (1) provide information to the owners of historic property with dem13 onstrated or likely research significance, about the need for protection 

14 of the historic property, and the available means of protection; 

15 (2) encourage owners to preserve historic property intact and in 

16 place and offer the owners of the historic property information on the 

17 tax and grant assistance available for the donation of the historic prop18 erty or of a preservation easement of the historic property; 

19 (3) encourage the protection of Native American cultural items 

20 (within the meaning of section 2 of the Native American Graves Pro21 tection and Repatriation Act (25 U.S.C. 3001)) and of properties of 

22 religious or cultural importance to Indian tribes, Native Hawaiians, or 

23 other Native American groups; and 

24 (4) encourage owners that are undertaking archaeological exca25 vations to— 

26 (A) conduct excavations and analyses that meet standards for 

27 federally-sponsored excavations established by the Secretary; 

28 (B) donate or lend artifacts of research significance to an ap29 propriate research institution; 

30 (C) allow access to artifacts for research purposes; and 

31 (D) prior to excavating or disposing of a Native American cul32 tural item in which an Indian tribe or Native Hawaiian organiza33 tion may have an interest under subparagraph (B) or (C) of sec34 tion 3(a)(2) of the Native American Graves Protection and Repa35 triation Act (25 U.S.C. 3002(a)(2)(B), (C)), give notice to and 

36 consult with the Indian tribe or Native Hawaiian organization. 

37 § 205132. Access to information 

38 (a) AUTHORITY TO WITHHOLD FROM DISCLOSURE.—The head of a Fed39 eral agency, or other public official receiving grant assistance pursuant to 

40 this division, after consultation with the Secretary, shall withhold from dis41 closure to the public information about the location, character, or ownership 


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1 of a historic property if the Secretary and the agency determine that disclo2 sure may— 

3 (1) cause a significant invasion of privacy; 

4 (2) risk harm to the historic property; or 

5 (3) impede the use of a traditional religious site by practitioners. 

6 (b) ACCESS DETERMINATION.—When the head of a Federal agency or 

7 other public official determines that information should be withheld from 

8 the public pursuant to subsection (a), the Secretary, in consultation with 

9 the Federal agency head or official, shall determine who may have access 

10 to the information for the purpose of carrying out this division. 

11 (c) CONSULTATION WITH COUNCIL.—When information described in sub12 section (a) has been developed in the course of an agency’s compliance with 

13 section 205107 or 205302 of this title, the Secretary shall consult with the 

14 Council in reaching determinations under subsections (a) and (b). 

15 CHAPTER 2053—UNDERTAKINGS 

Sec. 

205301. Undertakings outside United States. 

205302. Effect of undertakings on historic property. 

16 § 205301. Undertakings outside United States 

17 Prior to the approval of any undertaking outside the United States that 

18 may directly and adversely affect a property that is on the World Heritage 

19 List or on the applicable country’s equivalent of the National Register, the 

20 head of a Federal agency having direct or indirect jurisdiction over the un21 dertaking shall take into account the effect of the undertaking on the prop22 erty for purposes of avoiding or mitigating any adverse effect. 

23 § 205302. Effect of undertakings on historic property 

24 The head of any Federal agency having direct or indirect jurisdiction over 

25 a proposed undertaking in any State and the head of any Federal depart26 ment or independent agency having authority to license any undertaking 

27 shall, prior to the approval of the expenditure of any Federal funds on the 

28 undertaking or prior to the issuance of any license, as the case may be, take 

29 into account the effect of the undertaking on any historic property. The 

30 head of the Federal agency shall afford the Council a reasonable oppor31 tunity to comment with regard to the undertaking. 

32 CHAPTER 2055—FINANCING 

Subchapter I—Financial Assistance 

Sec. 

205501. Awarding grant funds. 

205502. Grants to National Trust. 

205503. Apportionment of grant funds. 

205504. Loan insurance program for preservation of property included on National Register. 

205505. Recordkeeping. 

Subchapter II—Sources of Funds 

205511. Historic Preservation Fund. 

205512. Acceptance by Secretary of privately donated funds. 


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1 Subchapter I—Financial Assistance 

2 § 205501. Awarding grant funds 

3 (a) CONDITIONS.— 

4 (1) IN GENERAL.—No grant may be made under this division— 

5 (A) unless application for the grant is submitted to the Sec6 retary in accordance with regulations and procedures prescribed by 

7 the Secretary; 

8 (B) 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 1053; 

13 (C) for more than 60 percent of the aggregate costs of carrying 

14 out projects and programs under the administrative control of the 

15 State Historic Preservation Officer as specified in section 202503 

16 of this title in any one fiscal year; 

17 (D) unless the grantee has agreed to make reports, in such form 

18 and containing such information, as the Secretary may from time 

19 to time require; 

20 (E) unless the grantee has agreed to assume, after completion 

21 of the project, the total cost of the continued maintenance, repair, 

22 and administration of the property in a manner satisfactory to the 

23 Secretary; and 

24 (F) until the grantee has complied with such further terms and 

25 conditions as the Secretary may consider necessary or advisable. 

26 (2) SOURCE OF STATE SHARE OF COSTS.—Except as permitted by 

27 other law, the State share of the costs referred to in paragraph (1)(C) 

28 shall be contributed by non-Federal sources. 

29 (b) GRANT NOT TREATED AS TAXABLE INCOME.—Notwithstanding any 

30 other provision of law, no grant made pursuant to this division shall be 

31 treated as taxable income for purposes of the Internal Revenue Code of 

32 1986 (26 U.S.C. 1 et seq). 

33 (c) WAIVER.—The Secretary may waive the requirements of subpara34 graphs (B) and (E) of subsection (a)(1) for any grant under this division 

35 to the National Trust. 

36 (d) RESTRICTION ON USE OF REAL PROPERTY TO MEET NON-FEDERAL

37 SHARE OF COST OF PROJECT.—No State shall be permitted to utilize the 

38 value of real property obtained before October 15, 1966, in meeting the 

39 non-Federal share of the cost of a project for which a grant is made under 

40 this division. 


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1 (e) AVAILABILITY.—The Secretary shall make funding available to indi2 vidual States and the National Trust as soon as practicable after execution 

3 of a grant agreement. For purposes of administration, grants to individual 

4 States and the National Trust each shall be deemed to be one grant and 

5 shall be administered by the Service as one grant. 

6 (f) ADMINISTRATIVE COSTS.—The total administrative costs, direct and 

7 indirect, charged for carrying out State projects and programs may not ex8 ceed 25 percent of the aggregate costs except in the case of a grant under 

9 section 203101(b) of this title. 

10 § 205502. Grants to National Trust 

11 The Secretary of Housing and Urban Development may make grants to 

12 the National Trust, on terms and conditions and in amounts (not exceeding 

13 $90,000 with respect to any one structure) as the Secretary of Housing and 

14 Urban Development considers appropriate, to cover the costs incurred by 

15 the National Trust in renovating or restoring structures that the National 

16 Trust considers to be of historic or architectural value and that the National 

17 Trust has accepted and will maintain (after the renovation or restoration) 

18 for historic purposes. 

19 § 205503. Apportionment of grant funds 

20 (a) BASES FOR APPORTIONMENT.—The amounts appropriated and made 

21 available for grants to the States— 

22 (1) for the purposes of this division shall be apportioned among the 

23 States by the Secretary on the basis of needs as determined by the Sec24 retary; and 

25 (2) for projects and programs under this division for each fiscal year 

26 shall be apportioned among the States as the Secretary determines to 

27 be appropriate. 

28 (b) NOTIFICATION.—The Secretary shall notify each State of its appor29 tionment under subsection (a)(2) within 30 days after the date of enactment 

30 of legislation appropriating funds under this division. 

31 (c) REAPPORTIONMENT.—Any amount of any apportionment that has not 

32 been paid or obligated by the Secretary during the fiscal year in which the 

33 notification is given or during the 2 fiscal years after that fiscal year shall 

34 be reapportioned by the Secretary in accordance with subsection (a)(2). The 

35 Secretary shall analyze and revise as necessary the method of apportion36 ment. The method and any revision shall be published by the Secretary in 

37 the Federal Register. 

38 (d) TRANSFER OF FUNDS TO CERTIFIED LOCAL GOVERNMENTS.—Not 

39 less than 10 percent of the annual apportionment distributed by the Sec40 retary to each State for the purposes of carrying out this division shall be 

41 transferred by the State, pursuant to the requirements of this division, to 


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1 certified local governments for historic preservation projects or programs of 

2 the certified local governments. In any year in which the total annual appor3 tionment to the States exceeds $65,000,000, 50 percent of the excess shall 

4 also be transferred by the States to certified local governments. 

5 (e) GUIDELINES FOR USE AND DISTRIBUTION OF FUNDS TO CERTIFIED

6 LOCAL GOVERNMENTS.—The Secretary shall establish guidelines for the use 

7 and distribution of funds under subsection (d) to ensure that no certified 

8 local government receives a disproportionate share of the funds available, 

9 and may include a maximum or minimum limitation on the amount of funds 

10 distributed to any single certified local government. The guidelines shall not 

11 limit the ability of any State to distribute more than 10 percent of its an12 nual apportionment under subsection (d), nor shall the Secretary require 

13 any State to exceed the 10 percent minimum distribution to certified local 

14 governments. 

15 § 205504. Loan insurance program for preservation of prop16 erty included on National Register 

17 (a) ESTABLISHMENT.—The Secretary shall maintain a program by which 

18 the Secretary may, on application of a private lender, insure loans (includ19 ing loans made in accordance with a mortgage) made by the lender to fi20 nance any project for the preservation of a property included on the Na21 tional Register. 

22 (b) LOAN QUALIFICATIONS.—A loan may be insured under this section 

23 if— 

24 (1) the loan is made by a private lender approved by the Secretary 

25 as financially sound and able to service the loan properly; 

26 (2) the amount of the loan, and interest rate charged with respect 

27 to the loan, do not exceed the amount and rate established by the Sec28 retary by regulation; 

29 (3) the Secretary has consulted the appropriate State Historic Pres30 ervation Officer concerning the preservation of the historic property; 

31 (4) the Secretary has determined that the loan is adequately secured 

32 and there is reasonable assurance of repayment; 

33 (5) the repayment period of the loan does not exceed the lesser of 

34 40 years or the expected life of the asset financed; 

35 (6) the amount insured with respect to the loan does not exceed 90 

36 percent of the loss sustained by the lender with respect to the loan; 

37 and 

38 (7) the loan, the borrower, and the historic property to be preserved 

39 meet such other terms and conditions as may be prescribed by the Sec40 retary by regulation, especially terms and conditions relating to the na41 ture and quality of the preservation work. 


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1 (c) CONSULTATION.—The Secretary shall consult with the Secretary of 

2 the Treasury regarding the interest rate of loans insured under this section. 

3 (d) LIMITATION ON AMOUNT OF UNPAID PRINCIPAL BALANCE OF

4 LOANS.—The aggregate unpaid principal balance of loans insured under 

5 this section and outstanding at any one time may not exceed the amount 

6 that has been deposited in the Historic Preservation Fund pursuant to sec7 tion 205511 of this title and subsections (h) and (i), as in effect on Decem8 ber 12, 1980, but which has not been appropriated for any purpose. 

9 (e) INSURANCE CONTRACTS.—Any contract of insurance executed by the 

10 Secretary under this section may be assignable, shall be an obligation sup11 ported by the full faith and credit of the United States, and shall be incon12 testable except for fraud or misrepresentation of which the holder had ac13 tual knowledge at the time it became a holder. 

14 (f) CONDITIONS AND METHODS OF PAYMENT AS RESULT OF LOSS.—The 

15 Secretary shall specify, by regulation and in each contract entered into 

16 under this section, the conditions and method of payment to a private lender 

17 as a result of losses incurred by the lender on any loan insured under this 

18 section. 

19 (g) PROTECTION OF FINANCIAL INTERESTS OF FEDERAL GOVERN20 MENT.—In entering into any contract to insure a loan under this section, 

21 the Secretary shall take steps to ensure adequate protection of the financial 

22 interests of the Federal Government. The Secretary may— 

23 (1) in connection with any foreclosure proceeding, obtain, on behalf 

24 of the Federal Government, the historic property securing a loan in25 sured under this section; and 

26 (2) operate or lease the historic property for such period as may be 

27 necessary to protect the interest of the Federal Government and to 

28 carry out subsection (h). 

29 (h) CONVEYANCE TO GOVERNMENTAL OR NONGOVERNMENTAL ENTITY

30 OF PROPERTY ACQUIRED BY FORECLOSURE.— 

31 (1) ATTEMPT TO CONVEY TO ENSURE PROPERTY’S PRESERVATION

32 AND USE.—In any case in which a historic property is obtained pursu33 ant to subsection (g), the Secretary shall attempt to convey the prop34 erty to any governmental or nongovernmental entity under conditions 

35 that will ensure the property’s continued preservation and use. If, after 

36 a reasonable time, the Secretary, in consultation with the Council, de37 termines that there is no feasible and prudent means to convey the 

38 property and to ensure its continued preservation and use, the Sec39 retary may convey the property at the fair market value of its interest 

40 in the property to any entity without restriction. 


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1 (2) DISPOSITION OF FUNDS.—Any funds obtained by the Secretary 

2 in connection with the conveyance of any historic property pursuant to 

3 paragraph (1) shall be deposited in the Historic Preservation Fund and 

4 shall remain available in the Historic Preservation Fund until appro5 priated by the Congress to carry out this division. 

6 (i) ASSESSMENT OF FEES IN CONNECTION WITH INSURING LOANS.— 

7 The Secretary may assess appropriate and reasonable fees in connection 

8 with insuring loans under this section. The fees shall be deposited in the 

9 Historic Preservation Fund and shall remain available in the Historic Pres10 ervation Fund until appropriated by Congress to carry out this division. 

11 (j) TREATMENT OF LOANS AS NON-FEDERAL FUNDS.—Notwithstanding 

12 any other provision of law, any loan insured under this section shall be 

13 treated as non-Federal funds for the purposes of satisfying any requirement 

14 of any other provision of law under which Federal funds to be used for any 

15 project or activity are conditioned on the use of non-Federal funds by the 

16 recipient for payment of any portion of the costs of the project or activity. 

17 (k) INELIGIBILITY OF DEBT OBLIGATION FOR PURCHASE OR COMMIT18 MENT TO PURCHASE BY, OR SALE OR ISSUANCE TO, FEDERAL FINANCING

19 BANK.—No debt obligation that is made or committed to be made, or that 

20 is insured or committed to be insured, by the Secretary under this section 

21 shall be eligible for purchase by, or commitment to purchase by, or sale or 

22 issuance to, the Federal Financing Bank. 

23 § 205505. Recordkeeping 

24 A beneficiary of assistance under this division shall keep— 

25 (1) such records as the Secretary shall prescribe, including records 

26 that fully disclose— 

27 (A) the disposition by the beneficiary of the proceeds of the as28 sistance; 

29 (B) the total cost of the project or undertaking in connection 

30 with which the assistance is given or used; and 

31 (C) the amount and nature of that portion of the cost of the 

32 project or undertaking supplied by other sources; and 

33 (2) such other records as will facilitate an effective audit. 

34 Subchapter II—Sources of Funds 

35 § 205511. Historic Preservation Fund 

36 (a) ESTABLISHMENT.—To carry out this division, there is in the Treas37 ury the Historic Preservation Fund. 

38 (b) CONTENTS.—For each of fiscal years 2009 to 2015, $150,000,000 

39 shall be deposited in the Historic Preservation Fund from revenues due and 

40 payable to the United States under section 9 of the Outer Continental Shelf 

41 Lands Act (43 U.S.C. 1338) or section 7433(b) of title 10, notwithstanding 


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1 any provision of law that those proceeds shall be credited to miscellaneous 

2 receipts of the Treasury. 

3 (c) USE AND AVAILABILITY.—Amounts in the Historic Preservation Fund 

4 shall be used only to carry out this division and shall be available for ex5 penditure only when appropriated by Congress. Any amount not appro6 priated shall remain available in the Historic Preservation Fund until ap7 propriated for those purposes. Appropriations made pursuant to this section 

8 may be made without fiscal year limitation. 

9 § 205512. Acceptance by Secretary of privately donated 

10 funds 

11 (a) PROJECTS FOR WHICH FUNDS MAY BE USED.—In furtherance of the 

12 purposes of this division, the Secretary may accept the donation of funds 

13 that may be expended by the Secretary for projects to acquire, restore, pre14 serve, or recover data from any property included on the National Register, 

15 as long as the project is owned by a State, any unit of local government, 

16 or any nonprofit entity. 

17 (b) CONSIDERATION OF FACTORS RESPECTING EXPENDITURE OF

18 FUNDS.— 

19 (1) IN GENERAL.—In expending the funds, the Secretary shall give 

20 due consideration to— 

21 (A) the national significance of the project; 

22 (B) its historical value to the community; 

23 (C) the imminence of its destruction or loss; and 

24 (D) the expressed intentions of the donor. 

25 (2) FUNDS AVAILABLE WITHOUT REGARD TO MATCHING REQUIRE26 MENTS.—Funds expended under this subsection shall be made available 

27 without regard to the matching requirements established by section 

28 205501 of this title, but the recipient of the funds shall be permitted 

29 to utilize them to match any grants from the Historic Preservation 

30 Fund. 

31 (c) TRANSFER OF UNOBLIGATED FUNDS.—The Secretary may transfer 

32 unobligated funds previously donated to the Secretary for the purposes of 

33 the Service, with the consent of the donor, and any funds so transferred 

34 shall be used or expended in accordance with this division. 

35 Subdivision 5—Miscellaneous 

36 CHAPTER 2061—MISCELLANEOUS 

Sec. 

206101. World Heritage Convention. 

206102. National Building Museum. 

206103. Effective date of regulations. 

206104. White House, Supreme Court building, and United States Capitol not included in 

program for preservation of historic properties. 

206105. Attorney’s fees and costs to prevailing parties in civil actions. 

206106. Authorization for expenditure of appropriated funds. 


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206107. Donations and bequests of money, personal property, and less than fee interests in 

historic property. 

1 § 206101. World Heritage Convention 

2 (a) PARTICIPATION BY UNITED STATES.—The Secretary shall direct and 

3 coordinate participation by the United States in the World Heritage Con4 vention in cooperation with the Secretary of State, the Smithsonian Institu5 tion, and the Council. Whenever possible, expenditures incurred in carrying 

6 out activities in cooperation with other nations and international organiza7 tions shall be paid for in such excess currency of the country or area where 

8 the expense is incurred as may be available to the United States. 

9 (b) NOMINATION OF PROPERTY TO WORLD HERITAGE COMMITTEE.— 

10 The Secretary shall periodically nominate properties that the Secretary de11 termines are of international significance to the World Heritage Committee 

12 on behalf of the United States. No property may be nominated unless it has 

13 previously been determined to be of national significance. Each nomination 

14 shall include evidence of such legal protections as may be necessary to en15 sure preservation of the property and its environment (including restrictive 

16 covenants, easements, or other forms of protection). Before making any 

17 nomination, the Secretary shall notify the Committee on Natural Resources 

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

19 Resources of the Senate. 

20 (c) NOMINATION OF NON-FEDERAL PROPERTY TO WORLD HERITAGE

21 COMMITTEE REQUIRES WRITTEN CONCURRENCE OF OWNER.—No non22 Federal property may be nominated by the Secretary to the World Heritage 

23 Committee for inclusion on the World Heritage List unless the owner of the 

24 property concurs in the nomination in writing. 

25 § 206102. National Building Museum 

26 (a) DEFINITIONS.—In this section: 

27 (1) BUILDING ARTS.—The term ‘‘building arts’’ includes all practical 

28 and scholarly aspects of prehistoric, historic, and contemporary archi29 tecture, archaeology, construction, building technology and skills, land30 scape architecture, preservation and conservation, building and con31 struction, engineering, urban and community design and renewal, city 

32 and regional planning, and related professions, skills, trades, and 

33 crafts. 

34 (2) COMMITTEE.—The term ‘‘Committee’’ means the Committee for 

35 a National Museum of the Building Arts, Incorporated, a nonprofit cor36 poration organized and existing under the laws of the District of Co37 lumbia, or its successor. 

38 (b) COOPERATIVE AGREEMENT TO OPERATE MUSEUM.—To provide a 

39 national center to commemorate and encourage the building arts and to pre40 serve and maintain a nationally significant building that exemplifies the 


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1 great achievements of the building arts in the United States, the Secretary 

2 and the Administrator of General Services shall enter into a cooperative 

3 agreement with the Committee for the operation of a National Building Mu4 seum in the Federal building located in the block bounded by Fourth Street, 

5 Fifth Street, F Street, and G Street, Northwest in Washington, District of 

6 Columbia. 

7 (c) PURPOSES OF MUSEUM.—The National Building Museum shall— 

8 (1) collect and disseminate information concerning the building arts, 

9 including the establishment of a national reference center for current 

10 and historic documents, publications, and research relating to the 

11 building arts; 

12 (2) foster educational programs relating to the history, practice, and 

13 contribution to society of the building arts, including promotion of 

14 imaginative educational approaches to enhance understanding and ap15 preciation of all facets of the building arts; 

16 (3) publicly display temporary and permanent exhibits illustrating, 

17 interpreting and demonstrating the building arts; 

18 (4) sponsor or conduct research and study into the history of the 

19 building arts and their role in shaping our civilization; and 

20 (5) encourage contributions to the building arts. 

21 (d) PROVISIONS OF COOPERATIVE AGREEMENT.—The cooperative agree22 ment referred to in subsection (b) shall include provisions that— 

23 (1) make the site available to the Committee without charge; 

24 (2) provide, subject to available appropriations, such maintenance, 

25 security, information, janitorial, and other services as may be necessary 

26 to ensure the preservation and operation of the site; and 

27 (3) prescribe reasonable terms and conditions by which the Com28 mittee can fulfill its responsibilities under this division. 

29 (e) MATCHING GRANTS TO COMMITTEE.—The Secretary shall provide 

30 matching grants to the Committee for its programs related to historic pres31 ervation. The Committee shall match the grants in such a manner and with 

32 such funds and services as shall be satisfactory to the Secretary, except that 

33 not more than $500,000 may be provided to the Committee in any one fiscal 

34 year. 

35 (f) ANNUAL COMMITTEE REPORT TO SECRETARY AND ADMINIS36 TRATOR.—The Committee shall submit an annual report to the Secretary 

37 and the Administrator of General Services concerning its activities under 

38 this section and shall provide the Secretary and the Administrator of Gen39 eral Services with such other information as the Secretary may consider 

40 necessary or advisable. 


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1 § 206103. Effective date of regulations 

2 (a) PUBLICATION IN FEDERAL REGISTER.—No final regulation of the 

3 Secretary shall become effective prior to the expiration of 30 calendar days 

4 after it is published in the Federal Register during which either or both 

5 Houses of Congress are in session. 

6 (b) DISAPPROVAL OF REGULATION BY RESOLUTION OF CONGRESS.—The 

7 regulation shall not become effective if, within 90 calendar days of contin8 uous session of Congress after the date of promulgation, both Houses of 

9 Congress adopt a concurrent resolution, the matter after the resolving 

10 clause of which is as follows: ‘‘That Congress disapproves the regulation 

11 promulgated by the Secretary dealing with the matter of , which 

12 regulation was transmitted to Congress on , ’’ the blank spaces 

13 in the resolution being appropriately filled. 

14 (c) FAILURE OF CONGRESS TO ADOPT RESOLUTION OF DISAPPROVAL OF

15 REGULATION.—If at the end of 60 calendar days of continuous session of 

16 Congress after the date of promulgation of a regulation, no committee of 

17 either House of Congress has reported or been discharged from further con18 sideration of a concurrent resolution disapproving the regulation, and nei19 ther House has adopted such a resolution, the regulation may go into effect 

20 immediately. If, within the 60 calendar days, a committee has reported or 

21 been discharged from further consideration of such a resolution, the regula22 tion may go into effect not sooner than 90 calendar days of continuous ses23 sion of Congress after its promulgation unless disapproved as provided for. 

24 (d) SESSIONS OF CONGRESS.—For purposes of this section— 

25 (1) continuity of session is broken only by an adjournment sine die; 

26 and 

27 (2) the days on which either House is not in session because of an 

28 adjournment of more than 3 days to a day certain are excluded in the 

29 computation of 60 and 90 calendar days of continuous session of Con30 gress. 

31 (e) CONGRESSIONAL INACTION OR REJECTION OF RESOLUTION OF DIS32 APPROVAL NOT DEEMED APPROVAL OF REGULATION.—Congressional inac33 tion on or rejection of a resolution of disapproval shall not be deemed an 

34 expression of approval of the regulation. 

35 § 206104. White House, Supreme Court building, and United 

36 States Capitol not included in program for preser37 vation of historic properties 

38 Nothing in this division shall be construed to be applicable to the White 

39 House and its grounds, the Supreme Court building and its grounds, or the 

40 United States Capitol and its related buildings and grounds. 


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1 § 206105. Attorney’s fees and costs to prevailing parties in 

2 civil actions 

3 In any civil action brought in any United States district court by any in4 terested person to enforce this division, if the person substantially prevails 

5 in the action, the court may award attorney’s fees, expert witness fees, and 

6 other costs of participating in the civil action, as the court considers reason7 able. 

8 § 206106. Authorization for expenditure of appropriated 

9 funds 

10 Where appropriate, each Federal agency may expend funds appropriated 

11 for its authorized programs for the purposes of activities carried out pursu12 ant to this division, except to the extent that appropriations legislation ex13 pressly provides otherwise. 

14 § 206107. Donations and bequests of money, personal prop15 erty, and less than fee interests in historic prop16 erty 

17 (a) MONEY AND PERSONAL PROPERTY.—The Secretary may accept dona18 tions and bequests of money and personal property for the purposes of this 

19 division and shall hold, use, expend, and administer the money and personal 

20 property for those purposes. 

21 (b) LESS THAN FEE INTEREST IN HISTORIC PROPERTY.—The Secretary 

22 may accept gifts or donations of less than fee interests in any historic prop23 erty where the acceptance of an interest will facilitate the conservation or 

24 preservation of the historic property. Nothing in this section or in any provi25 sion of this division shall be construed to affect or impair any other author26 ity of the Secretary under other provision of law to accept or acquire any 

27 property for conservation or preservation or for any other purpose. 

28 DIVISION C—ORGANIZATIONS AND PROGRAMS 

29 CHAPTER 2071—NATIONAL TRUST FOR HISTORIC 

30 PRESERVATION IN THE UNITED STATES 

Sec. 

207101. Definition. 

207102. Establishment and purposes. 

207103. Principal office. 

207104. Board of trustees. 

207105. Powers and duties. 

207106. Consultation with Advisory Board. 

31 § 207101. Definition 

32 In this chapter, the term ‘‘Board’’ means the board of trustees of the Na33 tional Trust. 

34 § 207102. Establishment and purposes 

35 (a) ESTABLISHMENT.—To further the policy enunciated in chapter 201 

36 of this title, and to facilitate public participation in the preservation of sites, 

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1 lished a charitable, educational, and nonprofit corporation to be known as 

2 the National Trust for Historic Preservation in the United States. 

3 (b) PURPOSES.—The purposes of the National Trust shall be to— 

4 (1) receive donations of sites, buildings, and objects significant in 

5 American history and culture; 

6 (2) preserve and administer them for public benefit; 

7 (3) accept, hold, and administer gifts of money, securities, or other 

8 property of any character for the purpose of carrying out the preserva9 tion of sites, buildings, and objects of natural significance or interest; 

10 and 

11 (4) execute other functions vested in it by this chapter. 

12 § 207103. Principal office 

13 The National Trust shall have its principal office in the District of Co14 lumbia and shall be deemed, for purposes of venue in civil actions, to be 

15 a resident of the District of Columbia. The National Trust may establish 

16 offices in other places as it may consider necessary or appropriate in the 

17 conduct of its business. 

18 § 207104. Board of trustees 

19 (a) MEMBERSHIP.—The affairs of the National Trust shall be under the 

20 general direction of a board of trustees composed as follows: 

21 (1) The Attorney General, the Secretary, and the Director of the Na22 tional Gallery of Art, ex officio. 

23 (2) Not fewer than 6 general trustees who shall be citizens of the 

24 United States. 

25 (b) DESIGNATION OF ANOTHER OFFICER.—The Attorney General and 

26 the Secretary, when it appears desirable in the interest of the conduct of 

27 the business of the Board and to such extent as they consider it advisable, 

28 may, by written notice to the National Trust, designate any officer of their 

29 respective departments to act for them in the discharge of their duties as 

30 a member of the Board. 

31 (c) GENERAL TRUSTEES.— 

32 (1) NUMBER AND SELECTION.—The number of general trustees shall 

33 be fixed by the Board and shall be chosen by the members of the Na34 tional Trust from its members at any regular meeting of the National 

35 Trust. 

36 (2) TERM OF OFFICE.—The respective terms of office of the general 

37 trustees shall be as prescribed by the Board but in no case shall exceed 

38 a period of 5 years from the date of election. 

39 (3) SUCCESSOR.—A successor to a general trustee shall be chosen 

40 in the same manner and shall have a term expiring 5 years from the 

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1 sen, except that a successor chosen to fill a vacancy occurring prior to 

2 the expiration of a term shall be chosen only for the remainder of that 

3 term. 

4 (d) CHAIRMAN.—The chairman of the Board shall be elected by a major5 ity vote of the members of the Board. 

6 (e) COMPENSATION AND REIMBURSEMENT.—No compensation shall be 

7 paid to the members of the Board for their services as such members, but 

8 they shall be reimbursed for travel and actual expenses necessarily incurred 

9 by them in attending board meetings and performing other official duties 

10 on behalf of the National Trust at the direction of the Board. 

11 § 207105. Powers and duties 

12 To the extent necessary to enable it to carry out the functions vested in 

13 it by this chapter, the National Trust shall have the following general pow14 ers: 

15 (1) The National Trust shall have succession until dissolved by Act 

16 of Congress, in which event title to the properties of the National 

17 Trust, both real and personal, shall, insofar as consistent with existing 

18 contractual obligations and subject to all other legally enforceable 

19 claims or demands by or against the National Trust, pass to and be20 come vested in the United States. 

21 (2) The National Trust may sue and be sued in its corporate name. 

22 (3) The National Trust may adopt, alter, and use a corporate seal 

23 that shall be judicially noticed. 

24 (4) The National Trust may adopt a constitution and make bylaws 

25 and regulations, not inconsistent with the laws of the United States or 

26 of any State, as it considers necessary for the administration of its 

27 functions under this chapter, including among other matter, bylaws and 

28 regulations governing visitation to historic properties, administration of 

29 corporate funds, and the organization and procedure of the Board. 

30 (5) The National Trust may accept, hold, and administer gifts and 

31 bequests of money, securities, or other personal property of any char32 acter, absolutely or in trust, for the purposes for which the National 

33 Trust is created. Unless otherwise restricted by the terms of a gift or 

34 bequest, the National Trust may sell, exchange, or otherwise dispose 

35 of, and invest or reinvest in investments as it may determine from time 

36 to time, the moneys, securities, or other property given or bequeathed 

37 to it. The principal of corporate funds, together with the income from 

38 those funds and all other revenues received by it from any source, shall 

39 be placed in depositories that the National Trust shall determine and 

40 shall be subject to expenditure by the National Trust for its corporate 

41 purposes. 


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1 (6) The National Trust may acquire by gift, devise, purchase, or oth2 erwise, absolutely or in trust, and hold and, unless otherwise restricted 

3 by the terms of the gift or devise, encumber, convey, or otherwise dis4 pose of, any real property, or any estate or interest in the property (ex5 cept property within the exterior boundaries of a System unit), as may 

6 be necessary and proper in carrying into effect the purposes of the Na7 tional Trust. 

8 (7) The National Trust may contract and make cooperative agree9 ments with Federal, State, or local agencies, corporations, associations, 

10 or individuals, under terms and conditions that the National Trust con11 siders advisable, respecting the protection, preservation, maintenance, 

12 or operation of any historic site, building, object, or property used in 

13 connection with the site, building, or object for public use, regardless 

14 of whether the National Trust has acquired title to the properties, or 

15 any interest in the properties. 

16 (8) The National Trust may enter into contracts generally and exe17 cute all instruments necessary or appropriate to carry out its corporate 

18 purposes, including concession contracts, leases, or permits for the use 

19 of land, buildings, or other property considered desirable either to ac20 commodate the public or to facilitate administration. 

21 (9) The National Trust may appoint and prescribe the duties of offi22 cers, agents, and employees as may be necessary to carry out its func23 tions, and fix and pay compensation to them for their services as the 

24 National Trust may determine. 

25 (10) The National Trust may generally do any and all lawful acts 

26 necessary or appropriate to carry out the purposes for which the Na27 tional Trust is created. 

28 § 207106. Consultation with Advisory Board 

29 In carrying out its functions under this chapter, the National Trust may 

30 consult with the Advisory Board on National Parks, Historic Sites, Build31 ings, and Monuments on matters relating to the selection of sites, buildings, 

32 and objects to be preserved and protected pursuant to this chapter. 

33 CHAPTER 2073—COMMISSION FOR THE PRESERVATION 

34 OF AMERICA’S HERITAGE ABROAD 

Sec. 

207301. Definition. 

207302. Declaration of national interest. 

207303. Establishment. 

207304. Duties and powers; administrative support. 

207305. Reports. 


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1 § 207301. Definition 

2 In this chapter, the term ‘‘Commission’’ means the Commission for the 

3 Preservation of America’s Heritage Abroad established under section 

4 207303 of this title. 

5 § 207302. Declaration of national interest 

6 Because the fabric of a society is strengthened by visible reminders of the 

7 historical roots of the society, it is in the national interest to encourage the 

8 preservation and protection of the cemeteries, monuments, and historic 

9 buildings associated with the foreign heritage of United States citizens. 

10 § 207303. Establishment 

11 (a) ESTABLISHMENT.—There is established a commission to be known as 

12 the Commission for the Preservation of America’s Heritage Abroad. 

13 (b) MEMBERSHIP.—The Commission shall consist of 21 members ap14 pointed by the President, 7 of whom shall be appointed after consultation 

15 with the Speaker of the House of Representatives and 7 of whom shall be 

16 appointed after consultation with the President pro tempore of the Senate. 

17 (c) TERM.— 

18 (1) IN GENERAL.—Except as provided in paragraph (2), a member 

19 of the Commission shall be appointed for a term of 3 years. 

20 (2) VACANCY.—A member appointed to fill a vacancy on the Com21 mission shall serve for the remainder of the term for which the mem22 ber’s predecessor was appointed. 

23 (3) MEMBER UNTIL SUCCESSOR APPOINTED.—A member may retain 

24 membership on the Commission until the member’s successor has been 

25 appointed. 

26 (d) CHAIRMAN.—The President shall designate the Chairman of the Com27 mission from among its members. 

28 (e) MEETINGS.—The Commission shall meet at least once every 6 

29 months. 

30 (f) COMPENSATION AND EXPENSES.— 

31 (1) COMPENSATION.—Members of the Commission shall receive no 

32 pay on account of their service on the Commission. 

33 (2) EXPENSES.—While away from their homes or regular places of 

34 business in the performance of services for the Commission, members 

35 of the Commission shall be allowed travel expenses, including per diem 

36 in lieu of subsistence, in the same manner as individuals employed 

37 intermittently in the Government service are allowed expenses under 

38 section 5703 of title 5. 

39 § 207304. Duties and powers; administrative support 

40 (a) DUTIES.—The Commission shall— 


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1 (1) identify and publish a list of cemeteries, monuments, and historic 

2 buildings located abroad that are associated with the foreign heritage 

3 of United States citizens from eastern and central Europe, particularly 

4 cemeteries, monuments, and buildings that are in danger of deteriora5 tion or destruction; 

6 (2) encourage the preservation and protection of those cemeteries, 

7 monuments, and historic buildings by obtaining, in cooperation with the 

8 Secretary of State, assurances from foreign governments that the ceme9 teries, monuments, and buildings will be preserved and protected; and 

10 (3) prepare and disseminate reports on the condition of, and the 

11 progress toward preserving and protecting, those cemeteries, monu12 ments, and historic buildings. 

13 (b) POWERS.— 

14 (1) HOLD HEARINGS, REQUEST ATTENDANCE, TAKE TESTIMONY, 

15 AND RECEIVE EVIDENCE.—The Commission or any member it author16 izes may, for the purposes of carrying out this chapter, hold such hear17 ings, sit and act at such times and places, request such attendance, 

18 take such testimony, and receive such evidence, as the Commission con19 siders appropriate. 

20 (2) APPOINT PERSONNEL AND FIX PAY.—The Commission may ap21 point such personnel (subject to the provisions of title 5 governing ap22 pointments in the competitive service) and may fix the pay of such per23 sonnel (subject to the provisions of chapter 51 and subchapter III of 

24 chapter 53 of title 5), as the Commission considers desirable. 

25 (3) PROCURE TEMPORARY AND INTERMITTENT SERVICES.—The 

26 Commission may procure temporary and intermittent services to the 

27 same extent as is authorized by section 3109(b) of title 5, but at rates 

28 for individuals not to exceed the daily equivalent of the maximum an29 nual rate of basic pay then in effect under section 5376 of title 5. 

30 (4) DETAIL PERSONNEL TO COMMISISON.—On request of the Com31 mission, the head of any Federal department or agency, including the 

32 Secretary of State, may detail, on a reimbursable basis, any of the per33 sonnel of that department or agency to the Commission to assist it in 

34 carrying out its duties under this chapter. 

35 (5) SECURE INFORMATION.—The Commission may secure directly 

36 from any department or agency of the United States, including the De37 partment of State, any information necessary to enable it to carry out 

38 this chapter. On the request of the Chairman of the Commission, the 

39 head of the department or agency shall furnish the information to the 

40 Commission. 


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1 (6) GIFTS OR DONATIONS.—The Commission may accept, use, and 

2 dispose of gifts or donations of money or property. 

3 (7) USE OF MAILS.—The Commission may use the United States 

4 mails in the same manner and on the same conditions as other depart5 ments and agencies of the United States. 

6 (c) ADMINISTRATIVE SUPPORT.—The Administrator of General Services 

7 shall provide to the Commission on a reimbursable basis administrative sup8 port services as the Commission may request. 

9 § 207305. Reports 

10 The Commission shall transmit an annual report to the President as soon 

11 as practicable after the end of each fiscal year. Each report shall include 

12 a detailed statement of the activities and accomplishments of the Commis13 sion during the preceding fiscal year and any recommendations by the Com14 mission for legislation and administrative actions. 

15 CHAPTER 2075—AMERICAN BATTLEFIELD PROTECTION 

16 PROGRAM 

Sec. 

207501. Purpose. 

207502. Definitions. 

207503. Preservation assistance. 

207504. Battlefield acquisition grant program. 

17 § 207501. Purpose 

18 The purpose of this chapter is to assist citizens, public and private insti19 tutions, and governments at all levels in planning, interpreting, and pro20 tecting sites where historic battles were fought on American soil during the 

21 armed conflicts that shaped the growth and development of the United 

22 States, in order that present and future generations may learn and gain in23 spiration from the ground where Americans made their ultimate sacrifice. 

24 § 207502. Definitions 

25 In this chapter: 

26 (1) ELIGIBLE ENTITY.—The term ‘‘eligible entity’’ means a State or 

27 local government. 

28 (2) ELIGIBLE SITE.—The term ‘‘eligible site’’ means a site— 

29 (A) that is not within the exterior boundaries of a System unit; 

30 and 

31 (B) that is identified in the document entitled ‘‘Report on the 

32 Nation’s Civil War Battlefields’’, prepared by the Civil War Sites 

33 Advisory Commission, and dated July 1993. 

34 (3) SECRETARY.—The term ‘‘Secretary’’ means the Secretary, acting 

35 through the American Battlefield Protection Program. 

36 § 207503. Preservation assistance 

37 (a) IN GENERAL.—Using the established national historic preservation 

38 program to the extent practicable, the Secretary shall encourage, support, 


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1 assist, recognize, and work in partnership with citizens, Federal, State, 

2 local, and tribal governments, other public entities, educational institutions, 

3 and private nonprofit organizations in identifying, researching, evaluating, 

4 interpreting, and protecting historic battlefields and associated sites on a 

5 national, State, and local level. 

6 (b) FINANCIAL ASSISTANCE.—To carry out subsection (a), the Secretary 

7 may use a cooperative agreement, grant, contract, or other generally adopt8 ed means of providing financial assistance. 

9 (c) AUTHORIZATION OF APPROPRIATIONS.—There is authorized to be ap10 propriated $3,000,000 annually to carry out this section, to remain available 

11 until expended. 

12 § 207504. Battlefield acquisition grant program 

13 (a) ESTABLISHMENT.—The Secretary shall establish a battlefield acquisi14 tion grant program under which the Secretary may provide grants to eligible 

15 entities to pay the Federal share of the cost of acquiring interests in eligible 

16 sites for the preservation and protection of those eligible sites. 

17 (b) NONPROFIT PARTNERS.—An eligible entity may acquire an interest 

18 in an eligible site using a grant under this section in partnership with a 

19 nonprofit organization. 

20 (c) NON-FEDERAL SHARE.—The non-Federal share of the total cost of 

21 acquiring an interest in an eligible site under this section shall be not less 

22 than 50 percent. 

23 (d) LIMITATION ON LAND USE.—An interest in an eligible site acquired 

24 under this section shall be subject to section 105308(g) of this title. 

25 (e) AUTHORIZATION OF APPROPRIATIONS.—There is authorized to be ap26 propriated to the Secretary to provide grants under this section 

27 $10,000,000 for each of fiscal year 2009 to 2013. 

28 CHAPTER 2077—NATIONAL UNDERGROUND RAILROAD 

29 NETWORK TO FREEDOM 

Sec. 

207701. Purposes. 

207702. Definitions. 

207703. Program. 

207704. Preservation of historic sites or structures. 

207705. Authorization of appropriations. 

30 § 207701. Purposes 

31 The purposes of this chapter are— 

32 (1) to recognize the importance of the Underground Railroad, the 

33 sacrifices made by those who used the Underground Railroad in search 

34 of freedom from tyranny and oppression, and the sacrifices made by 

35 the people who helped them; and 

36 (2) to authorize the Secretary to coordinate and facilitate Federal 

37 and non-Federal activities to commemorate, honor, and interpret the 


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1 history of the Underground Railroad, its significance as a crucial ele2 ment in the evolution of the national civil rights movement, and its rel3 evance in fostering the spirit of racial harmony and national reconcili4 ation. 

5 § 207702. Definition 

6 In this chapter, the term ‘‘national network’’ means the National Under7 ground Railroad Network to Freedom established under section 207703 of 

8 this title. 

9 § 207703. Program 

10 (a) ESTABLISHMENT; RESPONSIBILITIES OF SECRETARY.—The Secretary 

11 shall establish in the Service a program to be known as the National Under12 ground Railroad Network to Freedom. Under the program, the Secretary 

13 shall— 

14 (1) produce and disseminate appropriate educational materials, such 

15 as handbooks, maps, interpretive guides, or electronic information; 

16 (2) enter into appropriate cooperative agreements and memoranda of 

17 understanding to provide technical assistance under subsection (c); and 

18 (3) create and adopt an official, uniform symbol or device for the 

19 national network and issue regulations for its use. 

20 (b) ELEMENTS.—The national network shall encompass the following ele21 ments: 

22 (1) All System units and programs of the Service determined by the 

23 Secretary to pertain to the Underground Railroad. 

24 (2) Other Federal, State, local, and privately owned properties per25 taining to the Underground Railroad that have a verifiable connection 

26 to the Underground Railroad and that are included on, or determined 

27 by the Secretary to be eligible for inclusion on, the National Register 

28 of Historic Places. 

29 (3) Other governmental and nongovernmental facilities and programs 

30 of an educational, research, or interpretive nature that are directly re31 lated to the Underground Railroad. 

32 (c) COOPERATIVE AGREEMENTS AND MEMORANDA OF UNDER33 STANDING.—To achieve the purposes of this chapter and to ensure effective 

34 coordination of the Federal and non-Federal elements of the national net35 work with System units and programs of the Service, the Secretary may 

36 enter into cooperative agreements and memoranda of understanding with, 

37 and provide technical assistance— 

38 (1) to the heads of other Federal agencies, States, localities, regional 

39 governmental bodies, and private entities; and 

40 (2) in cooperation with the Secretary of State, to the governments 

41 of Canada, Mexico, and any appropriate country in the Caribbean. 


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1 § 207704. Preservation of historic sites or structures 

2 (a) AUTHORITY TO MAKE GRANTS.—The Secretary may make grants in 

3 accordance with this section for the preservation and restoration of historic 

4 buildings or structures associated with the Underground Railroad, and for 

5 related research and documentation to sites, programs, or facilities that 

6 have been included in the national network. 

7 (b) GRANT CONDITIONS.—Any grant made under this section shall pro8 vide that— 

9 (1) no change or alteration may be made in property for which the 

10 grant is used except with the agreement of the property owner and the 

11 Secretary; 

12 (2) the Secretary shall have the right of access at reasonable times 

13 to the public portions of the property for interpretive and other pur14 poses; and 

15 (3) conversion, use, or disposal of the property for purposes contrary 

16 to the purposes of this chapter, as determined by the Secretary, shall 

17 result in a right of the United States to compensation equal to all Fed18 eral funds made available to the grantee under this chapter. 

19 (c) MATCHING REQUIREMENT.—The Secretary may obligate funds made 

20 available for a grant under this section only if the grantee agrees to match, 

21 from funds derived from non-Federal sources, the amount of the grant with 

22 an amount that is equal to or greater than the grant. The Secretary may 

23 waive the requirement if the Secretary determines that an extreme emer24 gency exists or that a waiver is in the public interest to ensure the preserva25 tion of historically significant resources. 

26 § 207705. Authorization of appropriations 

27 (a) AMOUNTS.—There are authorized to be appropriated to carry out this 

28 chapter $2,500,000 for each fiscal year, to be allocated as follows: 

29 (1) $2,000,000 is to be used for the purposes of section 207703 of 

30 this title. 

31 (2) $500,000 is to be used for the purposes of section 207704 of 

32 this title. 

33 (b) RESTRICTIONS.—No amounts may be appropriated for the purposes 

34 of this chapter except to the Secretary for carrying out the responsibilities 

35 of the Secretary as set forth in this chapter. 

36 CHAPTER 2079—NATIONAL WOMEN’S RIGHTS HISTORY 

37 PROJECT 

Sec. 

207901. National women’s rights history project national registry. 

207902. National women’s rights history project partnerships network. 


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1 § 207901. National women’s rights history project national 

2 registry 

3 (a) IN GENERAL.—The Secretary may make annual grants to State his4 toric preservation offices for not more than 5 years to assist the State his5 toric preservation offices in surveying, evaluating, and nominating to the 

6 National Register of Historic Places women’s rights history properties. 

7 (b) ELIGIBILITY.—In making grants under subsection (a), the Secretary 

8 shall give priority to grants relating to properties associated with the mul9 tiple facets of the women’s rights movement, such as politics, economics, 

10 education, religion, and social and family rights. 

11 (c) UPDATES.—The Secretary shall ensure that the National Register 

12 travel itinerary website entitled ‘‘Places Where Women Made History’’ is 

13 updated to contain— 

14 (1) the results of the inventory conducted under subsection (a); and 

15 (2) any links to websites related to places on the inventory. 

16 (d) COST-SHARING REQUIREMENT.—The Federal share of the cost of any 

17 activity carried out using any assistance made available under this section 

18 shall be 50 percent. 

19 (e) AUTHORIZATION OF APPROPRIATIONS.—There is authorized to be ap20 propriated to the Secretary to carry out this section $1,000,000 for each 

21 of fiscal years 2009 through 2013. 

22 § 207902. National women’s rights history project partner23 ships network 

24 (a) GRANTS.—The Secretary may make matching grants and give tech25 nical assistance for development of a network of governmental and non26 governmental entities (referred to in this section as the ‘‘network’’), the pur27 pose of which is to provide interpretive and educational program develop28 ment of national women’s rights history, including historic preservation. 

29 (b) MANAGEMENT OF NETWORK.— 

30 (1) IN GENERAL.—Through a competitive process, the Secretary 

31 shall designate a nongovernmental managing network to manage the 

32 network. 

33 (2) COORDINATION.—The nongovernmental managing entity des34 ignated under paragraph (1) shall work in partnership with the Direc35 tor and State historic preservation offices to coordinate operation of the 

36 network. 

37 (c) COST-SHARING REQUIREMENT.— 

38 (1) IN GENERAL.—The Federal share of the cost of any activity car39 ried out using any assistance made available under this section shall 

40 be 50 percent. 


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1 (2) STATE HISTORIC PRESERVATION OFFICES.—Matching grants for 

2 historic preservation specific to the network may be made available 

3 through State historic preservation offices. 

4 (d) AUTHORIZATION OF APPROPRIATIONS.—There is authorized to be ap5 propriated to the Secretary to carry out this section $1,000,000 for each 

6 of fiscal years 2009 through 2013. 

7 CHAPTER 2081—PRESERVATION OF HISTORICAL AND 

8 ARCHAEOLOGICAL DATA 

Sec. 

208101. Purpose. 

208102. Definition. 

208103. Notice of dam construction. 

208104. Threat of irreparable loss or destruction of significant scientific, prehistorical, historical, or archaeological data by Federal construction projects. 

208105. Survey and recovery by Secretary. 

208106. Progress reports by Secretary on surveys and work undertaken as result of surveys. 

208107. Administration. 

208108. Assistance to Secretary by Federal agencies responsible for construction projects; 

availability of appropriations. 

9 § 208101. Purpose 

10 It is the purpose of this chapter to further the policy set forth in chapter 

11 2001 of this title by specifically providing for the preservation of historical 

12 and archaeological data (including relics and specimens) that might other13 wise be irreparably lost or destroyed as the result of— 

14 (1) flooding, the building of access roads, the erection of worker’s 

15 communities, the relocation of railroads and highways, and other alter16 ations of the terrain caused by the construction of a dam by any— 

17 (A) Federal agency; or 

18 (B) private person or corporation holding a license issued by 

19 any Federal agency; or 

20 (2) any alteration of the terrain caused as a result of any Federal 

21 construction project or federally licensed activity or program. 

22 § 208102. Definition 

23 In this chapter, the term ‘‘State’’ includes a State, the District of Colum24 bia, Puerto Rico, the Virgin Islands, Guam, American Samoa, and the 

25 Northern Mariana Islands. 

26 § 208103. Notice of dam construction 

27 (a) IN GENERAL.—Before any Federal agency undertakes the construc28 tion of a dam, or issues a license to any private individual or corporation 

29 for the construction of a dam, it shall give written notice to the Secretary 

30 setting forth the site of the proposed dam and the approximate area to be 

31 flooded and otherwise changed if construction is undertaken. 

32 (b) DAMS WITH CERTAIN DETENTION CAPACITY OR RESERVOIR.—With 

33 respect to any flood water retarding dam that provides fewer than 5,000 

34 acre-feet of detention capacity, and with respect to any other type of dam 


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1 that creates a reservoir of fewer than 40 surface acres, this section shall 

2 apply only when the constructing agency, in its preliminary surveys, finds 

3 or is presented with evidence that historical or archaeological materials exist 

4 or may be present in the proposed reservoir area. 

5 § 208104. Threat of irreparable loss or destruction of signifi6 cant scientific, prehistorical, historical, or archae7 ological 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 archaeological 

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 archaeological 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 archaeological 

33 data might be irrevocably lost or destroyed, may, with funds appro34 priated 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 

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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 § 208105. 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 archaeological authority 

6 that scientific, prehistorical, historical, or archaeological data are being or 

7 may be irrevocably lost or destroyed by any Federal or federally assisted 

8 or licensed project, activity, or program, shall, if the Secretary determines 

9 that the data are significant and are being or may be irrevocably lost or 

10 destroyed and after reasonable notice to the agency responsible for funding 

11 or licensing the 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 § 208106. 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 


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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 § 208107. Administration 

12 In the administration of this chapter, the Secretary may— 

13 (1) enter into contracts or make cooperative agreements with any 

14 Federal or State agency, educational or scientific organization, or insti15 tution, corporation, association, or qualified individual; 

16 (2) obtain the services of experts and consultants or organizations 

17 of experts and consultants in accordance with section 3109 of title 5; 

18 and 

19 (3) accept and utilize funds made available for salvage archaeological 

20 purposes by any private person or corporation or transferred to the 

21 Secretary by any Federal agency. 

22 § 208108. Assistance to Secretary by Federal agencies re23 sponsible for construction projects; availability of 

24 appropriations 

25 (a) ASSISTANCE OF FEDERAL AGENCIES.—To carry out the purposes of 

26 this chapter, any Federal agency responsible for a construction project may 

27 assist the Secretary or may transfer to the Secretary funds as may be 

28 agreed on, but not more than one percent of the total amount authorized 

29 to be appropriated for the project, except that the one percent limitation 

30 of this section shall not apply if the cost of the project is $50,000 or less. 

31 The costs of the survey, recovery, analysis, and publication shall be deemed 

32 nonreimbursable project costs. 

33 (b) COSTS FOR IDENTIFICATION, SURVEYS, EVALUATION, AND DATA RE34 COVERY WITH RESPECT TO HISTORIC PROPERTIES.—Notwithstanding sub35 section (a) or any other provision of law— 

36 (1) identification, surveys, and evaluation carried out with respect to 

37 historic properties within project areas may be treated for purposes of 

38 any law or rule of law as planning costs of the project and not as costs 

39 of mitigation; 

40 (2) reasonable costs for identification, surveys, evaluation, and data 

41 recovery carried out with respect to historic properties within project 


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1 areas may be charged to Federal licensees and permittees as a condi2 tion to the issuance of the license or permit; and 

3 (3) Federal agencies, with the concurrence of the Secretary and after 

4 notification of the Committee on Natural Resources of the House of 

5 Representatives and the Committee on Energy and Natural Resources 

6 of the Senate, may waive, in appropriate cases, the one percent limita7 tion contained in subsection (a). 

8 (c) AVAILABILITY OF APPROPRIATIONS.—Sums appropriated for purposes 

9 of this section shall remain available until expended. 

10 CHAPTER 2083—NATIONAL MARITIME HERITAGE 

Sec. 

208301. Declaration of policy. 

208302. Definitions. 

208303. National Maritime Heritage Grants Program. 

208304. Funding. 

208305. Designation of America’s National Maritime Museum. 

208306. Regulations. 

208307. Application of authorities. 

11 § 208301. Declaration of policy 

12 It shall be the policy of the Federal Government, in partnership with the 

13 States and local governments and private organizations and individuals, 

14 to— 

15 (1) use measures, including financial and technical assistance, to fos16 ter conditions under which our modern society and our historic mari17 time resources can exist in productive harmony; 

18 (2) provide leadership in the preservation of the historic maritime re19 sources of the United States; 

20 (3) contribute to the preservation of historic maritime resources and 

21 give maximum encouragement to organizations and individuals under22 taking preservation by private means; and 

23 (4) assist State and local governments to expand their maritime his24 toric preservation programs and activities. 

25 § 208302. Definitions 

26 In this chapter: 

27 (1) NATIONAL TRUST.—The term ‘‘National Trust’’ means the Na28 tional Trust for Historic Preservation created by section 207102 of this 

29 title. 

30 (2) PRIVATE NONPROFIT ORGANIZATION.—The term ‘‘private non31 profit organization’’ means any person that is exempt from taxation 

32 under section 501(a) of the Internal Revenue Code of 1986 (26 U.S.C. 

33 501(a)) and described in section 501(c)(3) of the Internal Revenue 

34 Code of 1986 (26 U.S.C. 501(c)(3)). 

35 (3) PROGRAM.—The term ‘‘Program’’ means the National Maritime 

36 Heritage Grants Program established by section 208303(a) of this title. 


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1 (4) STATE HISTORIC PRESERVATION OFFICER.—The term ‘‘State 

2 Historic Preservation Officer’’ means a State Historic Preservation Of3 ficer appointed pursuant to section 202501(1) of this title by the chief 

4 executive officer of a State having a State Historic Preservation Pro5 gram approved by the Secretary under that section. 

6 § 208303. National Maritime Heritage Grants Program 

7 (a) ESTABLISHMENT.—There is in the Department of the Interior the 

8 National Maritime Heritage Grants Program, to foster in the American 

9 public a greater awareness and appreciation of the role of maritime endeav10 ors in our Nation’s history and culture. The Program shall consist of— 

11 (1) annual grants to the National Trust for subgrants administered 

12 by the National Trust for maritime heritage education projects under 

13 subsection (b); and 

14 (2) grants to State Historic Preservation Officers for maritime herit15 age preservation projects carried out or administered by those Officers 

16 under subsection (c). 

17 (b) GRANTS FOR MARITIME HERITAGE EDUCATION PROJECTS.— 

18 (1) GRANTS TO NATIONAL TRUST.—The Secretary, subject to para19 graph (2), and the availability of amounts for that purpose under sec20 tion 208304(b)(1)(A) of this title, shall make an annual grant to the 

21 National Trust for maritime heritage education projects. 

22 (2) USE OF GRANTS.—Amounts received by the National Trust as 

23 an annual grant under this subsection shall be used to make subgrants 

24 to State and local governments and private nonprofit organizations to 

25 carry out education projects that have been approved by the Secretary 

26 under subsection (f) and that consist of— 

27 (A) assistance to any maritime museum or historical society 

28 for— 

29 (i) existing and new educational programs, exhibits, edu30 cational activities, conservation, and interpretation of arti31 facts and collections; 

32 (ii) minor improvements to educational and museum facili33 ties; and 

34 (iii) other similar activities; 

35 (B) activities designed to encourage the preservation of tradi36 tional maritime skills, including— 

37 (i) building and operation of vessels of all sizes and types 

38 for educational purposes; 

39 (ii) special skills such as wood carving, sail making, and 

40 rigging; 

41 (iii) traditional maritime art forms; and 


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1 (iv) sail training; 

2 (C) other educational activities relating to historic maritime re3 sources, including— 

4 (i) maritime educational waterborne-experience programs 

5 in historic vessels or vessel reproductions; 

6 (ii) maritime archaeological field schools; and 

7 (iii) educational programs on other aspects of maritime his8 tory; 

9 (D) heritage programs focusing on maritime historic resources, 

10 including maritime heritage trails and corridors; or 

11 (E) the construction and use of reproductions of historic mari12 time resources for educational purposes, if a historic maritime re13 source no longer exists or would be damaged or consumed through 

14 direct use. 

15 (c) GRANTS FOR MARITIME HERITAGE PRESERVATION PROJECTS.— 

16 (1) GRANTS TO STATE HISTORIC PRESERVATION OFFICERS.—The 

17 Secretary, acting through the National Maritime Initiative of the Serv18 ice and subject to paragraph (2), and the availability of amounts for 

19 that purpose under section 208304(b)(1)(B) of this title, shall make 

20 grants to State Historic Preservation Officers for maritime heritage 

21 preservation projects. 

22 (2) USE OF GRANTS.—Amounts received by a State Historic Preser23 vation Officer as a grant under this subsection shall be used by the 

24 Officer to carry out, or to make subgrants to local governments and 

25 private nonprofit organizations to carry out, projects that have been 

26 approved by the Secretary under subsection (f) for the preservation of 

27 historic maritime resources through— 

28 (A) identification of historic maritime resources, including un29 derwater archaeological sites; 

30 (B) acquisition of historic maritime resources for the purposes 

31 of preservation; 

32 (C) repair, restoration, stabilization, maintenance, or other cap33 ital improvements to historic maritime resources, in accordance 

34 with standards prescribed by the Secretary; and 

35 (D) research, recording (through drawings, photographs, or oth36 erwise), planning (through feasibility studies, architectural and en37 gineering services, or otherwise), and other services carried out as 

38 part of a preservation program for historic maritime resources. 

39 (d) CRITERIA FOR DIRECT GRANT AND SUBGRANT ELIGIBILITY.—To 

40 qualify for a subgrant from the National Trust under subsection (b), or a 


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1 direct grant to or a subgrant from a State Historic Preservation Officer 

2 under subsection (c), a person shall— 

3 (1) demonstrate that the project for which the direct grant or 

4 subgrant will be used has the potential for reaching a broad audience 

5 with an effective educational program based on American maritime his6 tory, technology, or the role of maritime endeavors in American culture; 

7 (2) match the amount of the direct grant or subgrant, on a 1-to8 1 basis, with non-Federal assets from non-Federal sources, which may 

9 include cash or donated services fairly valued as determined by the Sec10 retary; 

11 (3) maintain records as may be reasonably necessary to fully dis12 close— 

13 (A) the amount and the disposition of the proceeds of the direct 

14 grant or subgrant; 

15 (B) the total cost of the project for which the direct grant or 

16 subgrant is made; and 

17 (C) other records as may be required by the Secretary, including 

18 such records as will facilitate an effective accounting for project 

19 funds; 

20 (4) provide access to the Secretary for the purposes of any required 

21 audit and examination of any records of the person; and 

22 (5) be a unit of State or local government, or a private nonprofit 

23 organization. 

24 (e) PROCEDURES, TERMS, AND CONDITIONS.— 

25 (1) APPLICATION PROCEDURES.—An application for a subgrant 

26 under subsection (b), or a direct grant or subgrant under subsection 

27 (c), shall be submitted under procedures prescribed by the Secretary. 

28 (2) TERMS AND CONDITIONS.—A person may not receive a subgrant 

29 under subsection (b), or a direct grant or subgrant under subsection 

30 (c), unless the person agrees to assume, after completion of the project 

31 for which the direct grant or subgrant is awarded, the total cost of the 

32 continued maintenance, repair, and administration of any property for 

33 which the subgrant will be used in a manner satisfactory to the Sec34 retary. 

35 (f) ALLOCATION OF, AND LIMITATION ON, GRANT FUNDING.— 

36 (1) ALLOCATION.—To the extent feasible, the Secretary shall ensure 

37 that the amount made available under subsection (b) for maritime her38 itage education projects is equal to the amount made available under 

39 subsection (c) for maritime heritage preservation projects. 

40 (2) LIMITATION.—The amount provided by the Secretary in a fiscal 

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1 time resources owned or operated by the Federal Government shall not 

2 exceed 40 percent of the total amount available for the fiscal year for 

3 grants under this section. 

4 (g) PUBLICATION OF DIRECT GRANT AND SUBGRANT INFORMATION.— 

5 The Secretary shall publish annually in the Federal Register and otherwise 

6 as the Secretary considers appropriate— 

7 (1) a solicitation of applications for direct grants and subgrants 

8 under this section; 

9 (2) a list of priorities for the making of those direct grants and sub10 grants; 

11 (3) a single deadline for the submission of applications for those di12 rect grants and subgrants; and 

13 (4) other relevant information. 

14 (h) DIRECT GRANT AND SUBGRANT ADMINISTRATION.— 

15 (1) RESPONSIBILITY.— 

16 (A) NATIONAL TRUST.—The National Trust is responsible for 

17 administering subgrants for maritime heritage education projects 

18 under subsection (b). 

19 (B) SECRETARY.—The Secretary is responsible for admin20 istering direct grants for maritime heritage preservation projects 

21 under subsection (c). 

22 (C) STATE HISTORIC PRESERVATION OFFICERS.—State Historic 

23 Preservation Officers are responsible for administering subgrants 

24 for maritime heritage preservation projects under subsection (c). 

25 (2) ACTIONS.—The appropriate responsible party under paragraph 

26 (1) shall administer direct grants or subgrants by— 

27 (A) publicizing the Program to prospective grantees, sub28 grantees, and the public at large, in cooperation with the Service, 

29 the Maritime Administration, and other appropriate government 

30 agencies and private institutions; 

31 (B) answering inquiries from the public, including providing in32 formation on the Program as requested; 

33 (C) distributing direct grant and subgrant applications; 

34 (D) receiving direct grant and subgrant applications and ensur35 ing their completeness; 

36 (E) keeping records of all direct grant and subgrant awards and 

37 expenditures of funds; 

38 (F) monitoring progress of projects carried out with direct 

39 grants and subgrants; and 

40 (G) providing to the Secretary such progress reports as may be 

41 required by the Secretary. 


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1 (i) ASSISTANCE OF MARITIME PRESERVATION ORGANIZATIONS.—The 

2 Secretary, the National Trust, and the State Historic Preservation Officers 

3 may, individually or jointly, enter into cooperative agreements with any pri4 vate nonprofit organization with appropriate expertise in maritime preserva5 tion issues, or other qualified maritime preservation organizations, to assist 

6 in the administration of the Program. 

7 (j) REPORT TO CONGRESS.—The Secretary shall submit to Congress an 

8 annual report on the Program, including— 

9 (1) a description of each project funded under the Program in the 

10 period covered by the report; 

11 (2) the results or accomplishments of each such project; and 

12 (3) recommended priorities for achieving the policy set forth in sec13 tion 208301 of this title. 

14 § 208304. Funding 

15 (a) AVAILABILITY OF FUNDS FROM SALE AND SCRAPPING OF OBSOLETE

16 VESSELS.— 

17 (1) IN GENERAL.—Notwithstanding any other provision of law, the 

18 amount of funds credited in a fiscal year to the Vessel Operations Re19 volving Fund established by section 50301(a) of title 46 that is attrib20 utable to the sale of obsolete vessels in the National Defense Reserve 

21 Fleet that are scrapped or sold under section 57102, 57103, or 57104 

22 of title 46 shall be available until expended as follows: 

23 (A) Fifty percent shall be available to the Administrator of the 

24 Maritime Administration for such acquisition, maintenance, repair, 

25 reconditioning, or improvement of vessels in the National Defense 

26 Reserve Fleet as is authorized under other Federal law. 

27 (B) Twenty five percent shall be available to the Administrator 

28 of the Maritime Administration for the payment or reimbursement 

29 of expenses incurred by or on behalf of State maritime academies 

30 or the United States Merchant Marine Academy for facility and 

31 training ship maintenance, repair, and modernization, and for the 

32 purchase of simulators and fuel. 

33 (C) The remainder shall be available to the Secretary to carry 

34 out the Program, as provided in subsection (b). 

35 (2) APPLICABILITY.—Paragraph (1) does not apply to amounts cred36 ited to the Vessel Operations Revolving Fund before July 1, 1994. 

37 (b) USE OF AMOUNTS FOR PROGRAM.— 

38 (1) IN GENERAL.—Except as provided in paragraph (2), of amounts 

39 available each fiscal year for the Program under subsection (a)(1)(C)— 

40 (A) one half shall be used for grants under section 208303(b) 

41 of this title; and 


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1 (B) one half shall be used for grants under section 208303(c) 

2 of this title. 

3 (2) ADMINISTRATIVE EXPENSES.— 

4 (A) IN GENERAL.—Not more than 15 percent or $500,000, 

5 whichever is less, of the amount available for the Program under 

6 subsection (a)(1)(C) for a fiscal year may be used for expenses of 

7 administering the Program. 

8 (B) ALLOCATION.—Of the amount available under subpara9 graph (A) for a fiscal year— 

10 (i) one half shall be allocated to the National Trust for ex11 penses incurred in administering grants under section 

12 208303(b) of this title; and 

13 (ii) one half shall be allocated as appropriate by the Sec14 retary to the Service and participating State Historic Preser15 vation Officers. 

16 (c) DISPOSAL OF VESSELS.— 

17 (1) REQUIREMENT.—The Secretary of Transportation shall dispose 

18 of all vessels described in paragraph (2)— 

19 (A) in accordance with a priority system for disposing of vessels, 

20 as determined by the Secretary, that shall include provisions re21 quiring the Maritime Administration to— 

22 (i) dispose of all deteriorated high priority ships that are 

23 available for disposal within 12 months of their designation 

24 as available for disposal; and 

25 (ii) give priority to the disposition of those vessels that pose 

26 the most significant danger to the environment or cost the 

27 most to maintain; 

28 (B) in the manner that provides the best value to the Federal 

29 Government, except in any case in which obtaining the best value 

30 would require towing a vessel and the towing poses a serious 

31 threat to the environment; and 

32 (C) in accordance with the plan of the Department of Transpor33 tation for disposal of those vessels and requirements under sec34 tions 57102 to 57104 of title 46. 

35 (2) VESSELS DESCRIBED.—The vessels referred to in paragraph (1) 

36 are the vessels in the National Defense Reserve Fleet after July 1, 

37 1994, that— 

38 (A) are not assigned to the Ready Reserve Force component of 

39 the National Defense Reserve Fleet; and 

40 (B) are not specifically authorized or required by statute to be 

41 used for a particular purpose. 


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1 (d) TREATMENT OF AVAILABLE AMOUNTS.—Amounts available under 

2 this section shall not be considered in any determination of the amounts 

3 available to the Department of the Interior. 

4 § 208305. Designation of America’s National Maritime Mu5 seum 

6 (a) IN GENERAL.—America’s National Maritime Museum is comprised of 

7 those museums designated by law to be museums of America’s National 

8 Maritime Museum on the basis that they— 

9 (1) house a collection of maritime artifacts clearly representing the 

10 Nation’s maritime heritage; and 

11 (2) provide outreach programs to educate the public about the Na12 tion’s maritime heritage. 

13 (b) INITIAL DESIGNATION.—The following museums (meeting the criteria 

14 specified in subsection (a)) are designated as museums of America’s Na15 tional Maritime Museum: 

16 (1) The Mariners’ Museum, located at 100 Museum Drive, Newport 

17 News, Virginia. 

18 (2) The South Street Seaport Museum, located at 207 Front Street, 

19 New York, New York. 

20 (c) FUTURE DESIGNATION OF OTHER MUSEUMS NOT PRECLUDED.—The 

21 designation of the museums referred to in subsection (b) as museums of 

22 America’s National Maritime Museum does not preclude the designation by 

23 law of any other museum that meets the criteria specified in subsection (a) 

24 as a museum of America’s National Maritime Museum. 

25 (d) REFERENCE TO MUSEUMS.—Any reference in any law, map, regula26 tion, document, paper, or other record of the United States to a museum 

27 designated by law to be a museum of America’s National Maritime Museum 

28 shall be deemed to be a reference to that museum as a museum of Amer29 ica’s National Maritime Museum. 

30 § 208306. Regulations 

31 The Secretary, after consultation with the National Trust, the National 

32 Conference of State Historic Preservation Officers, and appropriate mem33 bers of the maritime heritage community, shall prescribe appropriate guide34 lines, procedures, and regulations to carry out the chapter, including direct 

35 grant and subgrant priorities, the method of solicitation and review of direct 

36 grant and subgrant proposals, criteria for review of direct grant and 

37 subgrant proposals, administrative requirements, reporting and record38 keeping requirements, and any other requirements the Secretary considers 

39 appropriate. 


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1 § 208307. Application of authorities 

2 The authorities contained in this chapter shall be in addition to, and shall 

3 not be construed to supercede or modify those contained in division B of 

4 this subtitle. 

5 CHAPTER 2085—PRESERVE AMERICA PROGRAM 

Sec. 

208501. Purpose. 

208502. Definitions. 

208503. Establishment. 

208504. Designation of Preserve America Communities. 

208505. Regulations. 

208506. Authoriztion of appropriations. 

6 § 208501. Purpose 

7 The purpose of this chapter is to authorize the Preserve America Pro8 gram, including— 

9 (1) the Preserve America grant program within the Department of 

10 the Interior; 

11 (2) the recognition programs administered by the Advisory Council 

12 on Historic Preservation; and 

13 (3) the related efforts of Federal agencies, working in partnership 

14 with State, tribal, and local governments and the private sector, to sup15 port and promote the preservation of historic resources. 

16 § 208502. Definitions 

17 In this chapter: 

18 (1) COUNCIL.—The term ‘‘Council’’ means the Advisory Council on 

19 Historic Preservation. 

20 (2) HERITAGE TOURISM.—The term ‘‘heritage tourism’’ means the 

21 conduct of activities to attract and accommodate visitors to a site or 

22 area based on the unique or special aspects of the history, landscape 

23 (including trail systems), and culture of the site or area. 

24 (3) PROGRAM.—The term ‘‘program’’ means the Preserve America 

25 Program established under section 208503(a). 

26 § 208503. Establishment 

27 (a) IN GENERAL.—There is established in the Department of the Interior 

28 the Preserve America Program, under which the Secretary, in partnership 

29 with the Council, may provide competitive grants to States, local govern30 ments (including local governments in the process of applying for designa31 tion as Preserve America Communities under section 208504 of this title, 

32 Indian tribes, communities designated as Preserve America Communities 

33 under section 208504 of this title, State historic preservation offices, and 

34 tribal historic preservation offices to support preservation efforts through 

35 heritage tourism, education, and historic preservation planning activities. 

36 (b) ELIGIBLE PROJECTS.— 


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1 (1) IN GENERAL.—The following projects shall be eligible for a grant 

2 under this chapter: 

3 (A) A project for the conduct of— 

4 (i) research on, and documentation of, the history of a 

5 community; and 

6 (ii) surveys of the historic resources of a community. 

7 (B) An education and interpretation project that conveys the 

8 history of a community or site. 

9 (C) A planning project (other than building rehabilitation) that 

10 advances economic development using heritage tourism and his11 toric preservation. 

12 (D) A training project that provides opportunities for profes13 sional development in areas that would aid a community in using 

14 and promoting its historic resources. 

15 (E) A project to support heritage tourism in a Preserve America 

16 Community designated under section 208504 of this title. 

17 (F) Other nonconstruction projects that identify or promote his18 toric properties or provide for the education of the public about 

19 historic properties that are consistent with the purposes of this 

20 chapter. 

21 (2) LIMITATION.—In providing grants under this chapter, the Sec22 retary shall provide only one grant to each eligible project selected for 

23 a grant. 

24 (c) PREFERENCE.—In providing grants under this chapter, the Secretary 

25 may give preference to projects that carry out the purposes of both the pro26 gram and the Save America’s Treasures Program. 

27 (d) CONSULTATION AND NOTIFICATION.— 

28 (1) CONSULTATION.—The Secretary shall consult with the Council in 

29 preparing the list of projects to be provided grants for a fiscal year 

30 under the program. 

31 (2) NOTIFICATION.—Not later than 30 days before the date on 

32 which the Secretary provides grants for a fiscal year under the pro33 gram, the Secretary shall submit to the Committee on Energy and Nat34 ural Resources and the Committee on Appropriations of the Senate and 

35 the Committee on Natural Resources and the Committee on Appropria36 tions of the House of Representatives a list of any eligible projects that 

37 are to be provided grants under the program for the fiscal year. 

38 (e) COST-SHARING REQUIREMENT.— 

39 (1) IN GENERAL.—The non-Federal share of the cost of carrying out 

40 a project provided a grant under this chapter shall be not less than 

41 50 percent of the total cost of the project. 


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1 (2) FORM OF NON-FEDERAL SHARE.—The non-Federal share re2 quired under paragraph (1) shall be in the form of— 

3 (A) cash; or 

4 (B) donated supplies and related services, the value of which 

5 shall be determined by the Secretary. 

6 (3) REQUIREMENT.—The Secretary shall ensure that each applicant 

7 for a grant has the capacity to secure, and a feasible plan for securing, 

8 the non-Federal share for an eligible project required under paragraph 

9 (1) before a grant is provided to the eligible project under the program. 

10 § 208504. Designation of Preserve America Communities 

11 (a) APPLICATION.—To be considered for designation as a Preserve Amer12 ica Community, a community, tribal area, or neighborhood shall submit to 

13 the Council an application containing such information as the Council may 

14 require. 

15 (b) CRITERIA.—To be designated as a Preserve America Community 

16 under the program, a community, tribal area, or neighborhood that submits 

17 an application under subsection (a) shall, as determined by the Council, in 

18 consultation with the Secretary, meet criteria required by the Council and, 

19 in addition, consider— 

20 (1) protection and celebration of the heritage of the community, trib21 al area, or neighborhood; 

22 (2) use of the historic assets of the community, tribal area, or neigh23 borhood for economic development and community revitalization; and 

24 (3) encouragement of people to experience and appreciate local his25 toric resources through education and heritage tourism programs. 

26 (c) LOCAL GOVERNMENTS PREVIOUSLY CERTIFIED FOR HISTORIC PRES27 ERVATION ACTIVITIES.—The Council shall establish an expedited process 

28 for Preserve America Community designation for local governments pre29 viously certified for historic preservation activities under section 202702 of 

30 this title. 

31 (d) GUIDELINES.—The Council, in consultation with the Secretary, shall 

32 establish any guidelines that are necessary to carry out this section. 

33 § 208505. Regulations 

34 The Secretary shall develop any guidelines and issue any regulations that 

35 the Secretary determines to be necessary to carry out this chapter. 

36 § 208506. Authorization of appropriations 

37 There is authorized to be appropriated to carry out this chapter 

38 $25,000,000 for each fiscal year, to remain available until expended. 

39 CHAPTER 2087—SAVE AMERICA’S TREASURES 

40 PROGRAM 

Sec. 

208701. Purpose. 


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208702. Definitions. 

208703. Establishment. 

208704. Regulations. 

208705. Authorization of appropriations. 

1 § 208701. Purpose 

2 The purpose of this chapter is to authorize within the Department of the 

3 Interior the Save America’s Treasures Program, to be carried out by the 

4 Director, in partnership with— 

5 (1) the National Endowment for the Arts; 

6 (2) the National Endowment for the Humanities; 

7 (3) the Institute of Museum and Library Services; 

8 (4) the National Trust for Historic Preservation; 

9 (5) the National Conference of State Historic Preservation Officers; 

10 (6) the National Association of Tribal Historic Preservation Officers; 

11 and 

12 (7) the President’s Committee on the Arts and the Humanities. 

13 § 208702. Definitions 

14 In this chapter: 

15 (1) COLLECTION.—The term ‘‘collection’’ means a collection of intel16 lectual and cultural artifacts, including documents, sculpture, and 

17 works of art. 

18 (2) ELIGIBLE ENTITY.—The term ‘‘eligible entity’’ means a Federal 

19 entity, State, local, or tribal government, educational institution, or 

20 nonprofit organization. 

21 (3) HISTORIC PROPERTY.—The term ‘‘historic property’’ has the 

22 meaning given the term in section 201103 of this title. 

23 (4) NATIONALLY SIGNIFICANT.—The term ‘‘nationally significant’’ 

24 means a collection or historic property that meets the applicable cri25 teria for national significance, in accordance with regulations promul26 gated by the Secretary pursuant to section 202303 of this title. 

27 (5) PROGRAM.—The term ‘‘program’’ means the Save America’s 

28 Treasures Program established under section 208703(a) of this title. 

29 (6) SECRETARY.—The term ‘‘Secretary’’ means the Secretary, acting 

30 through the Director. 

31 § 208703. Establishment 

32 (a) IN GENERAL.—There is established in the Department of the Interior 

33 the Save America’s Treasures Program, under which the amounts made 

34 available to the Secretary under section 208705 of this title shall be used 

35 by the Secretary, in consultation with the organizations described in section 

36 208701 of this title, subject to subsection (f)(1)(B), to provide grants to 

37 eligible entities for projects to preserve nationally significant collections and 

38 historic properties. 


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1 (b) DETERMINATION OF GRANTS.—Of the amounts made available for 

2 grants under section 208705 of this title, not less than 50 percent shall be 

3 made available for grants for projects to preserve collections and historic 

4 properties, to be distributed through a competitive grant process adminis5 tered by the Secretary, subject to the eligibility criteria established under 

6 subsection (e). 

7 (c) APPLICATION FOR GRANTS.—To be considered for a competitive grant 

8 under the program an eligible entity shall submit to the Secretary an appli9 cation containing such information as the Secretary may require. 

10 (d) COLLECTIONS AND HISTORIC PROPERTIES ELIGIBLE FOR COMPETI11 TIVE GRANTS.— 

12 (1) IN GENERAL.—A collection or historic property shall be provided 

13 a competitive grant under the program only if the Secretary determines 

14 that the collection or historic property is— 

15 (A) nationally significant; and 

16 (B) threatened or endangered. 

17 (2) ELIGIBLE COLLECTIONS.—A determination by the Secretary re18 garding the national significance of collections under paragraph (1)(A) 

19 shall be made in consultation with the organizations described in sec20 tion 208701 of this title, as appropriate. 

21 (3) ELIGIBLE HISTORIC PROPERTIES.—To be eligible for a competi22 tive grant under the program, a historic property shall, as of the date 

23 of the grant application— 

24 (A) be listed in the National Register of Historic Places at the 

25 national level of significance; or 

26 (B) be designated as a National Historic Landmark. 

27 (e) SELECTION CRITERIA FOR GRANTS.— 

28 (1) IN GENERAL.—The Secretary shall not provide a grant under 

29 this chapter to a project for an eligible collection or historic property 

30 unless the project— 

31 (A) eliminates or substantially mitigates the threat of destruc32 tion or deterioration of the eligible collection or historic property; 

33 (B) has a clear public benefit; and 

34 (C) is able to be completed on schedule and within the budget 

35 described in the grant application. 

36 (2) PREFERENCE.—In providing grants under this chapter, the Sec37 retary may give preference to projects that carry out the purposes of 

38 both the program and the Preserve America Program. 

39 (3) LIMITATION.—In providing grants under this chapter, the Sec40 retary shall only provide one grant to each eligible project selected for 

41 a grant. 


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1 (f) CONSULTATION AND NOTIFICATION BY SECRETARY.— 

2 (1) CONSULTATION.— 

3 (A) IN GENERAL.—Subject to subparagraph (B), the Secretary 

4 shall consult with the organizations described in section 208701 

5 of this title in preparing the list of projects to be provided grants 

6 for a fiscal year by the Secretary under the program. 

7 (B) LIMITATION.—If an entity described in subparagraph (A) 

8 has submitted an application for a grant under the program, the 

9 entity shall be recused by the Secretary from the consultation re10 quirements under that subparagraph and subsection (a). 

11 (2) NOTIFICATION.—Not later than 30 days before the date on 

12 which the Secretary provides grants for a fiscal year under the pro13 gram, the Secretary shall submit to the Committee on Energy and Nat14 ural Resources of the Senate, the Committee on Appropriations of the 

15 Senate, the Committee on Natural Resources of the House of Rep16 resentatives, and the Committee on Appropriations of the House of 

17 Representatives a list of any eligible projects that are to be provided 

18 grants under the program for the fiscal year. 

19 (g) COST-SHARING REQUIREMENT.— 

20 (1) IN GENERAL.—The non-Federal share of the cost of carrying out 

21 a project provided a grant under this chapter shall be not less than 

22 50 percent of the total cost of the project. 

23 (2) FORM OF NON-FEDERAL SHARE.—The non-Federal share re24 quired under paragraph (1) shall be in the form of— 

25 (A) cash; or 

26 (B) donated supplies or related services, the value of which shall 

27 be determined by the Secretary. 

28 (3) REQUIREMENT.—The Secretary shall ensure that each applicant 

29 for a grant has the capacity and a feasible plan for securing the non30 Federal share for an eligible project required under paragraph (1) be31 fore a grant is provided to the eligible project under the program. 

32 § 208704. Regulations 

33 The Secretary shall develop any guidelines and issue any regulations that 

34 the Secretary determines to be necessary to carry out this chapter. 

35 § 208705. Authorization of appropriations 

36 There is authorized to be appropriated to carry out this chapter 

37 $50,000,000 for each fiscal year, to remain available until expended. 

38 CHAPTER 2089—COMMEMORATION OF FORMER 

39 PRESIDENTS 

Sec. 

208901. Sites and structures that commemorate former Presidents. 


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1 § 208901. Sites and structures that commemorate former 

2 Presidents 

3 (a) SURVEY.—The Secretary may conduct a survey of sites that the Sec4 retary considers exhibit qualities most appropriate for the commemoration 

5 of each former President. The survey may— 

6 (1) include sites associated with the deeds, leadership, or lifework of 

7 a former President; and 

8 (2) identify sites or structures historically unrelated to a former 

9 President but that may be suitable as a memorial to honor that Presi10 dent. 

11 (b) REPORTS.—The Secretary shall, from time to time, prepare and 

12 transmit to the Committee on Natural Resources of the House of Rep13 resentatives and the Committee on Energy and Natural Resources of the 

14 Senate reports on individual sites and structures identified in a survey 

15 under subsection (a), together with the Secretary’s recommendation as to 

16 whether the site or structure is suitable for establishment as a national his17 toric site or national memorial to commemorate a former President. Each 

18 report shall include pertinent information with respect to the need for acqui19 sition of land and interests in land, the development of facilities, and the 

20 operation and maintenance of the site or structure and the estimated cost 

21 of the operation and maintenance. 

22 (c) ESTABLISHMENT AS NATIONAL HISTORIC SITE.—If during the 6- 

23 month period following the transmittal of a report pursuant to subsection 

24 (b) neither Committee has by vote of a majority of its members disapproved 

25 a recommendation of the Secretary that a site or structure is suitable for 

26 establishment as a national historic site, the Secretary may by appropriate 

27 order establish the site or structure as a national historic site, including the 

28 land and interests in land identified in the report accompanying the rec29 ommendation of the Secretary. 

30 (d) ACQUISTION OF LAND AND INTERESTS IN LAND.—The Secretary 

31 may acquire the land and interests in land by donation, purchase with do32 nated or appropriated funds, transfer from any other Federal agency, or ex33 change. 

34 (e) EFFECT OF SECTION.—Nothing in this section shall be construed as 

35 diminishing the authority of the Secretary under chapter 201 of this title 

36 or as authorizing the Secretary to establish any national memorial, creation 

37 of which is expressly reserved to Congress. 

38 DIVISION D—AMERICAN ANTIQUITIES 

39 CHAPTER 2201—MONUMENTS, RUINS, SITES, AND 

40 OBJECTS OF ANTIQUITY 

Sec. 

220101. National monuments. 


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220102. Permits. 

220103. Regulations. 

1 § 220101. National monuments 

2 (a) PRESIDENTIAL DECLARATION.—The President may declare by public 

3 proclamation historic landmarks, historic and prehistoric structures, and 

4 other objects of historic or scientific interest that are situated on land 

5 owned or controlled by the Federal Government to be national monuments. 

6 (b) RESERVATION OF LAND.—The President may reserve a parcel of land 

7 as a part of a national monument. The limits of the parcel shall be confined 

8 to the smallest area compatible with the proper care and management of 

9 the objects to be protected. 

10 (c) RELINQUISHMENT TO FEDERAL GOVERNMENT.—When an object is 

11 situated on a parcel covered by a bona fide unperfected claim or held in 

12 private ownership, the parcel, or so much of the parcel as may be necessary 

13 for the proper care and management of the object, may be relinquished to 

14 the Federal Government and the Secretary may accept the relinquishment 

15 of the parcel on behalf of the Federal Government. 

16 (d) LIMITATION ON EXTENSION OR ESTABLISHMENT OF NATIONAL

17 MONUMENTS IN WYOMING.—No extension or establishment of national 

18 monuments in Wyoming may be undertaken except by express authorization 

19 of Congress. 

20 § 220102. Permits 

21 (a) AUTHORITY TO GRANT PERMIT.—The Secretary, the Secretary of 

22 Agriculture, or the Secretary of the Army may grant a permit for the exam23 ination of ruins, the excavation of archaeological sites, and the gathering 

24 of objects of antiquity on land under their respective jurisdictions to an in25 stitution that the Secretary, Secretary of Agriculture, or Secretary of the 

26 Army, as applicable, considers properly qualified to conduct the examina27 tion, excavation, or gathering. The permit may be granted subject to such 

28 regulations as the Secretary, Secretary of Agriculture, or Secretary of the 

29 Army may prescribe. 

30 (b) PURPOSE OF EXAMINATION, EXCAVATION, OR GATHERING.—A per31 mit may be granted only if— 

32 (1) the examination, excavation, or gathering is undertaken for the 

33 benefit of a reputable museum, university, college, or other recognized 

34 scientific or educational institution, with a view to increasing the 

35 knowledge of the objects; and 

36 (2) the gathering shall be made for permanent preservation in a pub37 lic museum. 


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1 § 220103. Regulations 

2 The Secretary, the Secretary of Agriculture, and the Secretary of the 

3 Army shall make and publish uniform regulations for the purpose of car4 rying out this chapter. 

5 SEC. 4. CONFORMING AMENDMENTS. 

6 (a) TITLE 18.— 

7 (1) IN GENERAL.—Chapter 91 of title 18, United States Code, is 

8 amended by adding at the end the following: 

9 ‘‘§ 1865. National Park Service 

10 ‘‘(a) VIOLATION OF REGULATIONS RELATING TO USE AND MANAGEMENT

11 OF NATIONAL PARK SYSTEM UNITS.—A person that violates any regulation 

12 authorized by chapter 1003 or section 100901(a), 100906, 102101, or 

13 102102 of title 54 shall be imprisoned not more than 6 months, fined under 

14 this title, or both, and be adjudged to pay all cost of the proceedings. 

15 ‘‘(b) FINANCIAL DISCLOSURE BY OFFICERS OR EMPLOYEES PER16 FORMING FUNCTIONS OR DUTIES UNDER CHAPTER 1031 OF TITLE 54.— 

17 An officer or employee of the Department of the Interior who is subject to, 

18 and knowingly violates, section 130107 of title 54 or any regulation pre19 scribed under that section shall be imprisoned not more than one year, fined 

20 under this title, or both. 

21 ‘‘(c) OFFENSES RELATING TO STRUCTURES AND VEGETATION.—A per22 son that willfully destroys, mutilates, defaces, injures, or removes any monu23 ment, statue, marker, guidepost, or other structure, or that willfully de24 stroys, cuts, breaks, injures, or removes any tree, shrub, or plant within a 

25 national military park shall be imprisoned for not less than 15 days nor 

26 more than one year, fined under this title but not less than $10 for each 

27 monument, statue, marker, guidepost, or other structure, tree, shrub, or 

28 plant destroyed, defaced, injured, cut, or removed, or both. 

29 ‘‘(d) TRESPASSING IN A NATIONAL MILITARY PARK TO HUNT OR

30 SHOOT.—An individual who trespasses in a national military park to hunt 

31 or shoot, or hunts game of any kind in a national military park with a gun 

32 or dog, or sets a trap or net or other device in a national military park 

33 to hunt or catch game of any kind, shall be imprisoned not less than 5 nor 

34 more than 30 days, fined under title 18, or both. 

35 ‘‘§ 1866. Historic or prehistoric items and antiquities 

36 ‘‘(a) VIOLATION OF REGULATIONS AUTHORIZED BY CHAPTER 2001 OF

37 TITLE 54.—A person that violates any of the regulations authorized by 

38 chapter 2001 of title 54 shall be fined under this title and be adjudged to 

39 pay all cost of the proceedings. 

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

41 PREHISTORIC RUIN OR MONUMENT OR OBJECT OF ANTIQUITY.—A person 


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1 that appropriates, excavates, injures, or destroys any historic or prehistoric 

2 ruin or monument or any other object of antiquity under chapter 2201 of 

3 title 54 that is situated on land owned or controlled by the Federal Govern4 ment without the permission of the Secretary having jurisdiction over the 

5 land on which the object is situated, shall be imprisoned not more than 90 

6 days, fined under this title, or both.’’. 

7 (2) ANALYSIS.—The analysis of chapter 91 of title 18, United States 

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

‘‘1865. National Park Service. 

‘‘1866. Historic or prehistoric items and antiquities.’’. 

9 (b) TITLE 28.— 

10 (1) IN GENERAL.—Part VI of title 28, United States Code, is 

11 amended by adding at the end the following: 

12 ‘‘CHAPTER 190—MISCELLANEOUS 

‘‘Sec. 

‘‘5001. Civil action for death or personal injury in national park or other place subject to 

exclusive jurisdiction of United States. 

13 ‘‘§ 5001. Civil action for death or personal injury in national 

14 park or other place subject to exclusive jurisdic15 tion of United States 

16 ‘‘(a) DEATH.—In the case of the death of an individual by the neglect 

17 or wrongful act of another in a national park or other place subject to the 

18 exclusive jurisdiction of the United States, within the exterior boundaries of 

19 any State, a right of action shall exist as though the national park or other 

20 place were under the jurisdiction of the State within whose exterior bound21 aries the national park or other place may be. 

22 ‘‘(b) PERSONAL INJURY.—In a civil action brought to recover on account 

23 of injuries sustained in a place described in subsection (a), the rights of the 

24 parties shall be governed by the laws of the State within the exterior bound25 aries of which the place may be.’’. 

26 (2) ANALYSIS.—The analysis of chapters for part VI of title 28, 

27 United States Code, is amended by adding at the end the following: 

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

28 (c) ACT OF MAY 26, 2000.—Section 1 of the Act of May 26, 2000 (Pub29 lic Law 106–206, 114 Stat. 314), is amended to read as follows: 

30 ‘‘SECTION 1. COMMERCIAL FILMING. 

31 ‘‘(a) COMMERCIAL FILMING FEE.—The Secretary of Agriculture (here32 after referred to as the ‘Secretary’) shall require a permit and shall estab33 lish a reasonable fee for commercial filming activities or similar projects on 

34 Federal land administered by the Secretary. Such fee shall provide a fair 

35 return to the United States and shall be based upon the following criteria: 


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1 ‘‘(1) The number of days the filming activity or similar project takes 

2 place on Federal land under the Secretary’s jurisdiction. 

3 ‘‘(2) The size of the film crew present on Federal land under the 

4 Secretary’s jurisdiction. 

5 ‘‘(3) The amount and type of equipment present. 

6 ‘‘The Secretary may include other factors in determining an appropriate fee 

7 as the Secretary deems necessary. 

8 ‘‘(b) RECOVERY OF COSTS.—The Secretary shall also collect any costs in9 curred as a result of filming activities or similar project, including but not 

10 limited to administrative and personnel costs. All costs recovered shall be 

11 in addition to the fee assessed in subsection (a) of this section. 

12 ‘‘(c) STILL PHOTOGRAPHY.—(1) Except as provided in paragraph (2), the 

13 Secretary shall not require a permit nor assess a fee for still photography 

14 on land administered by the Secretary if such photography takes place 

15 where members of the public are generally allowed. The Secretary may re16 quire a permit, fee, or both, if such photography takes place at other loca17 tions where members of the public are generally not allowed, or where addi18 tional administrative costs are likely. 

19 ‘‘(2) The Secretary shall require and shall establish a reasonable fee for 

20 still photography that uses models or props which are not a part of the 

21 site’s natural or cultural resources or administrative facilities. 

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

23 filming, still photography or other related activity if the Secretary deter24 mines— 

25 ‘‘(1) there is a likelihood of resource damage; 

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

27 and enjoyment of the site; or 

28 ‘‘(3) that the activity poses health or safety risks to the public. 

29 ‘‘(e) USE OF PROCEEDS.—(1) All fees collected under this section shall 

30 be available for expenditure by the Secretary, without further appropriation. 

31 All fees collected shall remain available until expended. 

32 ‘‘(2) All costs recovered under this section shall be available for expendi33 ture by the Secretary, without further appropriation, at the site where col34 lected. All costs recovered shall remain available until expended. 

35 ‘‘(f) PROCESSING OF PERMIT APPLICATIONS.—The Secretary shall estab36 lish a process to ensure that permit applicants for commercial filming, still 

37 photography, or other activity are responded to in a timely manner.’’. 

38 (d) CREDIT CARD ACCOUNTABILITY RESPONSIBILITY AND DISCLOSURE

39 ACT OF 2009.—Section 512 of the Credit Card Accountability Responsi40 bility and Disclosure Act of 2009 (Public Law 111–24, 123 Stat. 1764) is 

41 amended to read as follows: 


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1 ‘‘SEC. 512. PROTECTING AMERICANS FROM VIOLENT 

2 CRIME. 

3 ‘‘(a) CONGRESSIONAL FINDINGS.—Congress finds the following: 

4 ‘‘(1) The Second Amendment to the Constitution provides that ‘the 

5 right of the people to keep and bear Arms, shall not be infringed’. 

6 ‘‘(2) Section 27.42 of title 50, Code of Federal Regulations, provides 

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

8 not ‘possess, use, or transport firearms on national wildlife refuges’ of 

9 the United States Fish and Wildlife Service. 

10 ‘‘(3) The regulations described in paragraph (2) prevent individuals 

11 complying with Federal and State laws from exercising the second 

12 amendment rights of the individuals while at units of the National 

13 Wildlife Refuge System. 

14 ‘‘(4) The existence of different laws relating to the transportation 

15 and possession of firearms at different units of the National Wildlife 

16 Refuge System entrapped law-abiding gun owners while at units of the 

17 National Wildlife Refuge System. 

18 ‘‘(5) Although the Bush administration issued new regulations relat19 ing to the Second Amendment rights of law-abiding citizens in units 

20 of the National Wildlife Refuge System that went into effect on Janu21 ary 9, 2009— 

22 ‘‘(A) on March 19, 2009, the United States District Court for 

23 the District of Columbia granted a preliminary injunction with re24 spect to the implementation and enforcement of the new regula25 tions; and 

26 ‘‘(B) the new regulations— 

27 ‘‘(i) are under review by the administration; and 

28 ‘‘(ii) may be altered. 

29 ‘‘(6) Congress needs to weigh in on the new regulations to ensure 

30 that unelected bureaucrats and judges cannot again override the Sec31 ond Amendment rights of law-abiding citizens on 90,790,000 acres of 

32 land under the jurisdiction of the United States Fish and Wildlife Serv33 ice. 

34 ‘‘(7) Federal laws should make it clear that the second amendment 

35 rights of an individual at a unit of the National Wildlife Refuge System 

36 should not be infringed. 

37 ‘‘(b) PROTECTING THE RIGHT OF INDIVIDUALS TO BEAR ARMS IN UNITS

38 OF THE NATIONAL WILDLIFE REFUGE SYSTEM.——The Secretary shall 

39 not promulgate or enforce any regulation that prohibits an individual from 

40 possessing a firearm, including an assembled or functional firearm, in any 

41 unit of the National Wildlife Refuge System if— 


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1 ‘‘(1) the individual is not otherwise prohibited by law from pos2 sessing the firearm; and 

3 ‘‘(2) the possession of the firearm is in compliance with the law of 

4 the State in which the unit of the National Wildlife Refuge System is 

5 located.’’. 

6 SEC. 5. CONFORMING CROSS-REFERENCES. 

7 (a) TITLE 10.—Section 2684(c)(1) of title 10, United States Code, is 

8 amended by striking ‘‘section 101(a) of the National Historic Preservation 

9 Act (16 U.S.C. 470a(a))’’ and substituting ‘‘section 202301 of title 54’’. 

10 (b) TITLE 23.—Title 23, United States Code, is amended— 

11 (1) in section 103(c)(5)— 

12 (A) in subparagraph (B), by striking ‘‘section 106 of the Na13 tional Historic Preservation Act (16 U.S.C. 470f)’’ and sub14 stituting ‘‘section 205302 of title 54’’; and 

15 (B) in subparagraph (C), by striking ‘‘section 106 of the Na16 tional Historic Preservation Act (16 U.S.C. 470f)’’ and sub17 stituting ‘‘section 205302 of title 54’’; 

18 (2) in section 133(e)(5)(B)— 

19 (A) by striking ‘‘title II of the National Historic Preservation 

20 Act (16 U.S.C. 470i et seq.)’’ and substituting ‘‘section 204101 

21 of title 54’’; and 

22 (B) by striking ‘‘section 106 of such Act (16 U.S.C. 470f)’’ and 

23 substituting ‘‘section 205302 of title 54’’; and 

24 (3) in section 138(b)(2)(A), by striking ‘‘section 106 of the National 

25 Historic Preservation Act (16 U.S.C. 470f)’’ and substituting ‘‘section 

26 205302 of title 54’’. 

27 (c) TITLE 36.—Section 153513(a)(1) of title 36, United States Code, is 

28 amended by striking ‘‘the Act of August 25, 1916 (16 U.S.C. 1 et seq.) 

29 (known as the National Park Service Organic Act)’’ and substituting ‘‘chap30 ter 1003 and sections 100901(a), 100906, 102101, and 102102 of title 54’’. 

31 (d) TITLE 40.—Title 40, United States Code, is amended— 

32 (1) in section 550(h)(1)(B), by striking ‘‘section 3 of the Act of Au33 gust 21, 1935 (16 U.S.C. 463) (known as the Historic Sites, Buildings, 

34 and Antiquities Act)’’ and substituting ‘‘section 103902 of title 54’’; 

35 (2) in section 1303(c), by striking ‘‘the Act of August 21, 1935 (16 

36 U.S.C. 461 et seq.) (known as the Historic Sites, Buildings, and Antiq37 uities Act)’’ and substituting ‘‘chapter 2001 of title 54’’; 

38 (3) in section 1314(a)(2)(A)(ii), by striking ‘‘the Act of August 25, 

39 1916 (16 U.S.C. 1, 2, 3, 4) (known as the National Park Service Or40 ganic Act)’’ and substituting ‘‘chapter 1003 and sections 100901(a), 

41 100906, 102101, and 102102 of title 54’’; 


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1 (4) in section 3303(c), by striking ‘‘title II of the National Historic 

2 Preservation Act (16 U.S.C. 470i et seq.)’’ and substituting ‘‘section 

3 204101 of title 54’’; and 

4 (5) in section 3306(a)(4), by striking ‘‘section 101 of the National 

5 Historic Preservation Act (16 U.S.C. 470a)’’ and substituting ‘‘chapter 

6 2023 of title 54’’. 

7 SEC. 6. TRANSITIONAL AND SAVINGS PROVISIONS. 

8 (a) DEFINITIONS.—In this section: 

9 (1) SOURCE PROVISION.—The term ‘‘source provision’’ means a pro10 vision of law that is replaced by a title 54 provision. 

11 (2) TITLE 54 PROVISION.—The term ‘‘title 54 provision’’ means a 

12 provision of title 54, United States Code, that is enacted by section 3. 

13 (b) CUTOFF DATE.—The title 54 provisions replace certain provisions of 

14 law enacted on or before July 31, 2009. If a law enacted after that date 

15 amends or repeals a source provision, that law is deemed to amend or re16 peal, as the case may be, the corresponding title 54 provision. If a law en17 acted after that date is otherwise inconsistent with a title 54 provision or 

18 a provision of this Act, that law supersedes the title 54 provision or provi19 sion of this Act to the extent of the inconsistency. 

20 (c) ORIGINAL DATE OF ENACTMENT UNCHANGED.—For purposes of de21 termining whether one provision of law supersedes another based on enact22 ment later in time, a title 54 provision is deemed to have been enacted on 

23 the date of enactment of the source provision that the title 54 provision re24 places. 

25 (d) REFERENCES TO TITLE 54 PROVISIONS.—A reference to a title 54 

26 provision is deemed to refer to the corresponding source provision. 

27 (e) REFERENCES TO SOURCE PROVISIONS.—A reference to a source pro28 vision, including a reference in a regulation, order, or other law, is deemed 

29 to refer to the corresponding title 54 provision. 

30 (f) REGULATIONS, ORDERS, AND OTHER ADMINISTRATIVE ACTIONS.—A 

31 regulation, order, or other administrative action in effect under a source 

32 provision continues in effect under the corresponding title 54 provision. 

33 (g) ACTIONS TAKEN AND OFFENSES COMMITTED.—An action taken or 

34 an offense committed under a source provision is deemed to have been taken 

35 or committed under the corresponding title 54 provision. 

36 SEC. 7. REPEALS. 

37 The following provisions of law are repealed, except with respect to rights 

38 and duties that matured, penalties that were incurred, or proceedings that 

39 were begun before the date of enactment of this Act: 


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Schedule of Laws Repealed 

Act Section United States Code Former 

Classification 

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

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

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

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

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

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

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

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

Act of June 12, 1917 (ch. 27) ................ 1 (13th undesignated 

paragraph under heading 

‘‘NATIONAL PARKS’’).

16 U.S.C. 453.

1 (21st undesignated 

paragraph under heading 

‘‘NATIONAL PARKS’’).

16 U.S.C. 452.

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

under heading ‘‘NATIONAL

PARKS’’).

16 U.S.C. 6.

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

undesignated paragraph under 

heading ‘‘NATIONAL 

PARKS’’).

16 U.S.C. 452.

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

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

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

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

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

paragraph under heading 

‘‘NATIONAL PARKS’’).

16 U.S.C. 456.

1 (last undesignated paragraph 

under heading ‘‘NATIONAL 

PARKS’’).

16 U.S.C. 11.

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

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

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

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

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

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

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

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

paragraph under heading 

‘‘NATIONAL PARK 

SERVICE’’).

16 U.S.C. 15.

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

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

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

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

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

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

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

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

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

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

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

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

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

undesignated paragraph under 

heading ‘‘NATIONAL PARK

SERVICE’’).

16 U.S.C. 9a.


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Schedule of Laws Repealed—Continued 

Act Section United States Code Former 

Classification 

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 July 19, 1940 (ch. 642) ............... 1 ............................................... 16 U.S.C. 18.

2 ............................................... 16 U.S.C. 18a.

3 ............................................... 16 U.S.C. 18b.

4 ............................................... 16 U.S.C. 18c.

5 ............................................... 16 U.S.C. 18d.

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

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

paragraph under heading 

‘‘NATIONAL PARK 

SERVICE’’).

16 U.S.C. 14c.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

relating to national 

monuments).

16 U.S.C. 431a.

1 (last sentence proviso 

relating to national parks).

16 U.S.C. 451a.

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

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

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

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


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Schedule of Laws Repealed—Continued 

Act Section United States Code Former 

Classification 

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.

Act of June 27, 1960 (Pub. L. 86–523) 1 ............................................... 16 U.S.C. 469.

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

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

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

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

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

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

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

Act of August 24, 1962 (Pub. L. 87– 

608) ..................................................... .................................................. 16 U.S.C. 3b.

Act of May 28, 1963 (Pub. L. 88–29) ... 1 ............................................... 16 U.S.C. 460l. 2 ............................................... 16 U.S.C. 460l–1.

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

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

Land and Water Conservation Fund Act 

of 1965 (Pub. L. 88–578) ................... title I, § 1(b) ............................ 16 U.S.C. 460l–4.

title I, § 2 ................................. 16 U.S.C. 460l–5.

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

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

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

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

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

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

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

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

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

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

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

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

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

National Historic Preservation Act (Pub. 

L. 89–665) .......................................... 1 ............................................... 16 U.S.C. 470.

2 ............................................... 16 U.S.C. 470–1.

101 ........................................... 16 U.S.C. 470a.

102 ........................................... 16 U.S.C. 470b.

103 ........................................... 16 U.S.C. 470c.

104 ........................................... 16 U.S.C. 470d.

105 ........................................... 16 U.S.C. 470e.

106 ........................................... 16 U.S.C. 470f.

107 ........................................... 16 U.S.C. 470g.

108 ........................................... 16 U.S.C. 470h.

109 ........................................... 16 U.S.C. 470h–1.

110 ........................................... 16 U.S.C. 470h–2.

111 ........................................... 16 U.S.C. 470h–3.

112 ........................................... 16 U.S.C. 470h–4.

113 ........................................... 16 U.S.C. 470h–5.

201 ........................................... 16 U.S.C. 470i.

202 ........................................... 16 U.S.C. 470j.

203 ........................................... 16 U.S.C. 470k.

204 ........................................... 16 U.S.C. 470l.

205 ........................................... 16 U.S.C. 470m.

206 ........................................... 16 U.S.C. 470n.

207 ........................................... 16 U.S.C. 470o. 208 ........................................... 16 U.S.C. 470p.

209 ........................................... 16 U.S.C. 470q.

210 ........................................... 16 U.S.C. 470r.

211 ........................................... 16 U.S.C. 470s.

212 ........................................... 16 U.S.C. 470t.

213 ........................................... 16 U.S.C. 470u.

214 ........................................... 16 U.S.C. 470v.

215 ........................................... 16 U.S.C. 470v–1.

216 ........................................... 16 U.S.C. 470v–2.

301 ........................................... 16 U.S.C. 470w.

302 ........................................... 16 U.S.C. 470w–1.

303 ........................................... 16 U.S.C. 470w–2.

304 ........................................... 16 U.S.C. 470w–3.

305 ........................................... 16 U.S.C. 470w–4.

306 ........................................... 16 U.S.C. 470w–5.

307 ........................................... 16 U.S.C. 470w–6.

308 ........................................... 16 U.S.C. 470w–7.

309 ........................................... 16 U.S.C. 470w–8.

401 ........................................... 16 U.S.C. 470x.

402 ........................................... 16 U.S.C. 470x–1.

403 ........................................... 16 U.S.C. 470x–2.

404 ........................................... 16 U.S.C. 470x–3.


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Schedule of Laws Repealed—Continued 

Act Section United States Code Former 

Classification 

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.

Act of December 18, 1967 (Pub. L. 90– 

209) ..................................................... 1 ............................................... 16 U.S.C. 19e.

2 ............................................... 16 U.S.C. 19f.

3 ............................................... 16 U.S.C. 19g.

4 ............................................... 16 U.S.C. 19h.

5 ............................................... 16 U.S.C. 19i.

6 ............................................... 16 U.S.C. 19j.

7 ............................................... 16 U.S.C. 19k.

8 ............................................... 16 U.S.C. 19l.

9 ............................................... 16 U.S.C. 19m.

10 ............................................. 16 U.S.C. 19n.

11 ............................................. 16 U.S.C. 19o.

Act of July 15, 1968 (Pub. L. 90–401) 5 ............................................... 16 U.S.C. 460l–22.

Volunteers in the Parks Act of 1969 

(Pub. L. 91–357) ................................ 1 ............................................... 16 U.S.C. 18g.

2 ............................................... 16 U.S.C. 18h.

3 ............................................... 16 U.S.C. 18i.

4 ............................................... 16 U.S.C. 18j.

Act of August 18, 1970 (Pub. L. 91– 

383) ..................................................... 1 ............................................... 16 U.S.C. 1a–1.

3 ............................................... 16 U.S.C. 1a–2.

6 ............................................... 16 U.S.C. 1a–3.

7 ............................................... 16 U.S.C. 1a–4.

8 ............................................... 16 U.S.C. 1a–5.

10 ............................................. 16 U.S.C. 1a–6.

12 ............................................. 16 U.S.C. 1a–7.

13 ............................................. 16 U.S.C. 1a–7a.

Act of September 28, 1976 (Pub. L. 94– 

429) ..................................................... 1 ............................................... 16 U.S.C. 1901.

2 ............................................... 16 U.S.C. 1902.

4 ............................................... 16 U.S.C. 1903.

5 ............................................... 16 U.S.C. 1904.

6 ............................................... 16 U.S.C. 1905.

7 ............................................... 16 U.S.C. 1906.

8 ............................................... 16 U.S.C. 1907.

9 ............................................... 16 U.S.C. 1908.

10 ............................................. 16 U.S.C. 1909.

11 ............................................. 16 U.S.C. 1910.

12 ............................................. 16 U.S.C. 1911.

13 ............................................. 16 U.S.C. 1912.

Act of August 15, 1978 (Pub. L. 95– 

344) ..................................................... title III, § 301 .......................... 16 U.S.C. 2301.

title III, § 302 .......................... 16 U.S.C. 2302.

title III, § 303 .......................... 16 U.S.C. 2303.

title III, § 304 .......................... 16 U.S.C. 2304.

title III, § 305 .......................... 16 U.S.C. 2305.

title III, § 306 .......................... 16 U.S.C. 2306.

Act of March 5, 1980 (Pub. L. 96–199) title I, § 120 ............................. 16 U.S.C. 467b.

National Historic Preservation Act 

Amendments of 1980 (Pub. L. 96– 

515) ..................................................... 208 ........................................... 16 U.S.C. 469c–2.

401 ........................................... 16 U.S.C. 470a–1.

402 ........................................... 16 U.S.C. 470a–2.

Act of October 12, 1984 (Pub. L. 98– 

473) ..................................................... title I, § 101(c) [title I, § 100] 16 U.S.C. 1e.

Act of October 24, 1984 (Pub. L. 98– 

540) ..................................................... 4(a) .......................................... 16 U.S.C. 1a–8(a).


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Schedule of Laws Repealed—Continued 

Act Section United States Code Former 

Classification 

International Security and Development 

Cooperation Act of 1985 (Pub. L. 99– 

83) ....................................................... 1303 ......................................... 16 U.S.C. 469j.

Act of July 27, 1990 (Pub. L. 101–337) 1 ............................................... 19jj.

2 ............................................... 19jj–1.

3 ............................................... 19jj–2.

4 ............................................... 19jj–3.

5 ............................................... 19jj–4.

Department of the Interior and Related 

Agencies Appropriations Act, 1991 

(Pub. L. 101–512) .............................. 116 ........................................... 16 U.S.C. 18f–1.

Act of November 28, 1990 (Pub. L. 

101–628) ............................................. title XII, § 1213 ...................... 16 U.S.C. 1a–9.

title XII, § 1214 ...................... 16 U.S.C. 1a–10.

title XII, § 1215 ...................... 16 U.S.C. 1a–11.

title XII, § 1216 ...................... 16 U.S.C. 1a–12.

title XII, § 1217 ...................... 16 U.S.C. 1a–13.

Department of the Interior and Related 

Agencies Appropriations Act, 1993 

(Pub. L. 102–381) .............................. title I (1st proviso in 

paragraph under heading 

‘‘ADMINISTRATIVE

PROVISIONS’’ under heading 

‘‘NATIONAL PARK SERVICE’’).

16 U.S.C. 14d.

Act of October 26, 1992 (Pub. L. 102– 

525) ..................................................... title III, § 301 .......................... 16 U.S.C. 1a–14.

Agricultural Reconciliation Act of 1993 

(Pub. L. 103–66) ................................ title I, § 1401 ........................... 16 U.S.C. 460l–6c.

Department of the Interior and Related 

Agencies Appropriations Act, 1994 

(Pub. L. 103–138) .............................. title I (3d proviso in paragraph 

under heading 

‘‘ADMINISTRATIVE

PROVISIONS’’ under heading 

‘‘NATIONAL PARK SERVICE’’).

16 U.S.C. 3a.

National Maritime Heritage Act of 1994 

(Pub. L. 103–451) .............................. 3 ............................................... 16 U.S.C. 5402.

4 ............................................... 16 U.S.C. 5403.

5 ............................................... 16 U.S.C. 5404.

6 ............................................... 16 U.S.C. 5405.

7 ............................................... 16 U.S.C. 5406.

8 ............................................... 16 U.S.C. 5407.

9 ............................................... 16 U.S.C. 5408.

Omnibus Consolidated Appropriations 

Act, 1997 (Pub. L. 104–208) ............. div. A, title I, § 101(d) [title I 

(3d undesignated paragraph 

under heading 

‘‘ADMINISTRATIVE

PROVISIONS’’ under heading 

‘‘NATIONAL PARK SERVICE’’)].

16 U.S.C. 1g.

Omnibus Parks and Public Lands Management Act of 1996 (Pub. L. 104– 

333) ..................................................... div. I, title VI, § 604 ............... 16 U.S.C. 469k.

div. I, title VIII, § 814(a) ........ 16 U.S.C. 17o.

div. I, title VIII, § 814(g) ........ 16 U.S.C. 1f.

National Underground Railroad Network 

to Freedom Act of 1998 (Pub. L. 

105–203) ............................................. 2 ............................................... 16 U.S.C. 469l.

3 ............................................... 16 U.S.C. 469l–1.

4 ............................................... 16 U.S.C. 469l–2.

Strom Thurmond National Defense Authorization Act for Fiscal Year 1999 

(Pub. L. 105–261) .............................. div. A, title X, § 1068 .............. 16 U.S.C. 5409.


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Act Section United States Code Former 

Classification 

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.

Act of May 26, 2000 (Pub. L. 106–206) 1 (relating to the Secretary of 

the Interior).

16 U.S.C. 460l–6d (relating to 

the Secretary of the Interior).

Department of the Interior and Related 

Agencies Appropriations Act, 2002 

(Pub. L. 107–63) ................................ title I (paragraph under 

heading ‘‘CONTRIBUTION FOR

ANNUITY BENEFITS’’ under 

heading ‘‘NATIONAL PARK

SERVICE’’).

16 U.S.C. 14e.

Civil War Battlefield Preservation Act of 

2002 (Pub. L. 107–359) ..................... 2(b) .......................................... 16 U.S.C. 469k note.

Consolidated Appropriations Resolution, 

2003 (Pub. L. 108–7) ......................... div. F, title I (words before 

proviso in last undesignated 

paragraph under heading 

‘‘ADMINISTRATIVE

PROVISIONS’’ under heading 

‘‘NATIONAL PARK SERVICE’’).

16 U.S.C. 1h.

div. F, title I (proviso in last 

undesignated paragraph under 

heading ‘‘ADMINISTRATIVE

PROVISIONS’’ under heading 

‘‘NATIONAL PARK SERVICE’’).

16 U.S.C. 1i.

Consolidated Natural Resources Act of 

2008 (Pub. L. 110–229) ..................... title III, subtitle A, § 301 ........ 16 U.S.C. 1j.

title III, subtitle G, § 361(1) ... 16 U.S.C. 469l–1.

title III, subtitle G, § 361(2) ... 16 U.S.C. 469l–2.

title III, subtitle G, § 361(3) ... 16 U.S.C. 469l–3.

Omnibus Public Land Management Act 

of 2009 (Pub. L. 111–11) ................... title VII, subtitle B, § 7111(b) 16 U.S.C. 469m(b).

title VII, subtitle B, § 7111(c) 16 U.S.C. 469m(c).

title VII, subtitle D, § 7301 .... 16 U.S.C. 469k–1.

title VII, subtitle D, § 7302 .... 16 U.S.C. 469n.

title VII, subtitle D, § 7303 .... 16 U.S.C. 469o.

title VII, subtitle E, § 7403 ..... 16 U.S.C. 5958.

Credit Card Accountability Responsibility and Disclosure Act of 2009 

(Pub. L. 111–24) ................................ title V, § 512 (relating to 

National Park System).

16 U.S.C. 1a–7b (relating to 

National Park System).

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