H. R. 1068 

One Hundred Thirteenth Congress 

of the 

United States of America 

AT THE SECOND SESSION 

Begun and held at the City of Washington on Friday, 

the third day of January, two thousand and fourteen 

An Act 

To enact title 54, United States Code, ‘‘National Park Service and Related Programs’’, 

as positive law. 

Be it enacted by the Senate and House of Representatives of 

the United States of America in Congress assembled, 

SECTION 1. TABLE OF CONTENTS. 

The table of contents for this Act is as follows: 

Sec. 1. Table of contents. 

Sec. 2. Purpose; conformity with original intent. 

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

Sec. 4. Conforming amendments. 

Sec. 5. Conforming cross-references. 

Sec. 6. Transitional and savings provisions. 

Sec. 7. Repeals. 

SEC. 2. PURPOSE; CONFORMITY WITH ORIGINAL INTENT. 

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

laws relating to the National Park System as title 54, United 

States Code, ‘‘National Park Service and Related Programs’’. 

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

laws by this Act, the intent is to conform to the understood policy, 

intent, and purpose of Congress in the original enactments, with 

such amendments and corrections as will remove ambiguities, contradictions, and other imperfections, in accordance with section 

205(c)(1) of House Resolution No. 988, 93d Congress, as enacted 

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

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

Title 54, United States Code, ‘‘National Park Service and Related 

Programs’’, is enacted as follows: 

TITLE 54—NATIONAL PARK SERVICE 

AND RELATED PROGRAMS 

Subtitle I—National Park System 

Division A—Establishment and General Administration 

Chap. Sec. 

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

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

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

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

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

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

1013. Employees ...................................................................................................101301 
H. R. 1068—2 

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

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

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

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

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

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

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

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

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

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

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

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

Division B—System Units and Related Areas—Reserved 

Subtitle II—Outdoor Recreation Programs 

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

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

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

Subtitle III—National Preservation Programs 

Division A—Historic Preservation 

Subdivision 1—General Provisions 

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

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

Subdivision 2—Historic Preservation Program 

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

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

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

3027. Historic Preservation Programs and Authorities for Indian Tribes and 

Native Hawaiian Organizations.

302701 

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

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

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

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

Subdivision 3—Advisory Council on Historic Preservation 

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

Subdivision 4—Other Organizations and Programs 

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

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

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

Subdivision 5—Federal Agency Historic Preservation Responsibilities 

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

Subdivision 6—Miscellaneous 

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

Division B—Organizations and Programs 

Subdivision 1—Administered by National Park Service 

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

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

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

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

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

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

Subdivision 2—Administered Jointly With National Park 

Service 

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

Subdivision 3—Administered by Other Than National Park 

Service 

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

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

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

Division C—American Antiquities 

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

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

–––––––––––––––––––––––––––––––––––––––––––––––––––– 
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Subtitle I—National Park System 

Division A—Establishment and General 

Administration 

Chapter 1001—General Provisions 

Sec. 

100101. Promotion and regulation. 

100102. Definitions. 

§ 100101. Promotion and regulation 

(a) IN GENERAL.—The Secretary, acting through the Director 

of the National Park Service, shall promote and regulate the use 

of the National Park System by means and measures that conform 

to the fundamental purpose of the System units, which purpose 

is to conserve the scenery, natural and historic objects, and wild 

life in the System units and to provide for the enjoyment of the 

scenery, natural and historic objects, and wild life in such manner 

and by such means as will leave them unimpaired for the enjoyment 

of future generations. 

(b) DECLARATIONS.— 

(1) 1970 DECLARATIONS.—Congress declares that— 

(A) the National Park System, which began with 

establishment of Yellowstone National Park in 1872, has 

since grown to include superlative natural, historic, and 

recreation areas in every major region of the United States 

and its territories and possessions; 

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

through their interrelated purposes and resources into one 

National Park System as cumulative expressions of a single 

national heritage; 

(C) individually and collectively, these areas derive 

increased national dignity and recognition of their superb 

environmental quality through their inclusion jointly with 

each other in one System preserved and managed for the 

benefit and inspiration of all the people of the United 

States; and 

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

areas in the System and to clarify the authorities applicable 

to the System. 

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

directs that the promotion and regulation of the various System 

units shall be consistent with and founded in the purpose 

established by subsection (a), to the common benefit of all 

the people of the United States. The authorization of activities 

shall be construed and the protection, management, and 

administration of the System units shall be conducted in light 

of the high public value and integrity of the System and shall 

not be exercised in derogation of the values and purposes 

for which the System units have been established, except as 

directly and specifically provided by Congress. 

§ 100102. Definitions 

In this title: 
H. R. 1068—4 

(1) DIRECTOR.—The term ‘‘Director’’ means the Director of 

the National Park Service. 

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

System’’ means the areas of land and water described in section 

100501 of this title. 

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

of the Interior. 

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

Service. 

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

System. 

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

the areas described in section 100501 of this title. 

Chapter 1003—Establishment, Directors, 

and Other Employees 

Sec. 

100301. Establishment. 

100302. Directors and other employees. 

100303. Effect on other laws. 

§ 100301. Establishment 

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

National Park Service. 

§ 100302. Directors and other employees 

(a) DIRECTOR.— 

(1) APPOINTMENT.—The Service shall be under the charge 

of a director who shall be appointed by the President, by 

and with the advice and consent of the Senate. 

(2) QUALIFICATIONS.—The Director shall have substantial 

experience and demonstrated competence in land management 

and natural or cultural resource conservation. 

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

Director shall have the supervision, management, and control 

of System units. In the supervision, management, and control 

of System units contiguous to national forests the Secretary 

of Agriculture may cooperate with the Service to such extent 

as may be requested by the Secretary. 

(b) DEPUTY DIRECTORS.—The Director shall select 2 Deputy Directors. One Deputy Director shall have responsibility for Service 

operations, and the other Deputy Director shall have responsibility 

for other programs assigned to the Service. 

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

officers and employees as may be appropriated for by Congress. 

§ 100303. Effect on other laws 

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

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

of this title. 
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Chapter 1005—Areas of National Park 

System 

Sec. 

100501. Areas included in System. 

100502. General management plans. 

100503. Five-year strategic plans. 

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

100505. Periodic review of System. 

100506. Boundary changes to System units. 

100507. Additional areas for System. 

§ 100501. Areas included in System 

The System shall include any area of land and water administered 

by the Secretary, acting through the Director, for park, monument, 

historic, parkway, recreational, or other purposes. 

§ 100502. General management plans 

General management plans for the preservation and use of each 

System unit, including areas within the national capital area, shall 

be prepared and revised in a timely manner by the Director. On 

January 1 of each year, the Secretary shall submit to Congress 

a list indicating the current status of completion or revision of 

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

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

(2) indications of types and general intensities of development 

(including visitor circulation and transportation patterns, systems, and modes) associated with public enjoyment and use 

of the area, including general locations, timing of implementation, and anticipated costs; 

(3) identification of and implementation commitments for 

visitor carrying capacities for all areas of the System unit; 

and 

(4) indications of potential modifications to the external 

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

§ 100503. Five-year strategic plans 

(a) STRATEGIC AND PERFORMANCE PLANS.—Each System unit shall 

prepare and make available to the public a 5-year strategic plan 

and an annual performance plan. The plans shall reflect the Service 

policies, goals, and outcomes represented in the Service-wide strategic plan prepared pursuant to section 306 of title 5. 

(b) ANNUAL BUDGET.— 

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

for a System unit prepared pursuant to subsection (a), following 

receipt of the appropriation for the unit from the Operations 

of the National Park System account (but not later than 

January 1 of each year), the superintendent of the System 

unit shall develop and make available to the public the budget 

for the current fiscal year for that System unit. 

(2) CONTENTS.—The budget shall include— 

(A) funding allocations for resource preservation 

(including resource management), visitor services 

(including maintenance, interpretation, law enforcement, 

and search and rescue), and administration; and 
H. R. 1068—6 

(B) allocations into each of the categories in subparagraph (A) of all funds retained from fees collected for that 

year, including special use permits, concession franchise 

fees, and recreation use and entrance fees. 

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

(a) IN GENERAL.— 

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

a State, the District of Columbia, Puerto Rico, Guam, and 

the Virgin Islands. 

(2) STUDY.—The Secretary shall cause the Service to make 

a comprehensive study, other than on land under the jurisdiction of the Secretary of Agriculture, of the public park, parkway, 

and recreational area programs of the United States, States, 

and political subdivisions of States and of areas of land throughout the United States that are or may be chiefly valuable 

as public park, parkway, or recreational areas. A study shall 

not be made in any State without the consent and approval 

of the State officials, boards, or departments having jurisdiction 

over the land. The study shall be such as, in the judgment 

of the Secretary, will provide data helpful in developing a 

plan for coordinated and adequate public park, parkway, and 

recreational-area facilities for the people of the United States. 

(3) COOPERATION AND AGREEMENTS WITH OTHER ENTITIES.— In making the study and to accomplish the purposes of this 

section, the Secretary, acting through the Director— 

(A) shall seek and accept the cooperation and assistance 

of Federal departments or agencies having jurisdiction of 

land belonging to the United States; and 

(B) may cooperate and make agreements with and seek 

and accept the assistance of— 

(i) other Federal agencies and instrumentalities; and 

(ii) States, political subdivisions of States, and agencies and instrumentalities of either of them. 

(4) STATE PLANNING.—For the purpose of developing coordinated and adequate public park, parkway, and recreationalarea facilities for the people of the United States, the Secretary 

may aid States and political subdivisions of States in planning 

public park, parkway, and recreational areas and in cooperating 

with one another to accomplish these ends. Aid shall be made 

available through the Service acting in cooperation with such 

State agencies or agencies of political subdivisions of States 

as the Secretary considers best. 

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

The consent of Congress is given to any 2 or more States to 

negotiate and enter into compacts or agreements with one another 

with reference to planning, establishing, developing, improving, and 

maintaining any park, parkway, or recreational area. No compact 

or agreement shall be effective until approved by the legislatures 

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

by Congress. 

§ 100505. Periodic review of System 

(a) AUTHORITY OF SECRETARY TO CONDUCT REVIEW.—The Secretary shall conduct a systematic and comprehensive review of 

certain aspects of the System and on a periodic basis (but not 
H. R. 1068—7 

less often than every 3 years) submit to the Committee on Natural 

Resources and the Committee on Appropriations of the House of 

Representatives and the Committee on Energy and Natural 

Resources and the Committee on Appropriations of the Senate 

a report on the findings of the review, together with recommendations as the Secretary determines to be necessary. 

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

Secretary shall consult with appropriate officials of affected Federal, 

State, and local agencies and national, regional, and local organizations. The consultation shall include holding public hearings that 

the Secretary determines to be appropriate to provide a full opportunity for public comment. 

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

(1) A comprehensive listing of all authorized but unacquired 

parcels of land within the exterior boundaries of each System 

unit as of November 28, 1990. 

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

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

the acreage and ownership of each parcel, the estimated cost 

of acquisition for each parcel (subject to any statutory acquisition limitations for the land), and the basis for the estimate. 

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

needs of each System unit for resource management, interpretation, construction, operation and maintenance, personnel, and 

housing, together with an estimate of the costs. 

§ 100506. Boundary changes to System units 

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

criteria to evaluate any proposed changes to the boundaries of 

System units, including— 

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

for the adequate protection and preservation of the natural, 

historic, cultural, scenic and recreational resources integral 

to the System unit; 

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

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

(3) an assessment of the impact of potential boundary adjustments taking into consideration the factors in section 

100505(c)(3) of this title and the effect of the adjustments 

on the local communities and surrounding area. 

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

to a System unit, the Secretary shall— 

(1) consult with affected agencies of State and local governments, surrounding communities, affected landowners, and private national, regional, and local organizations; 

(2) apply the criteria developed pursuant to subsection (a) 

and accompany the proposal with a statement reflecting the 

results of the application of the criteria; and 

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

acquiring any parcels proposed for acquisition, the basis for 

the estimate, and a statement on the relative priority for the 

acquisition of each parcel within the priorities for acquisition 

of other parcels for the System unit and for the System. 

(c) MINOR BOUNDARY CHANGES.— (1) IN GENERAL.—When the Secretary determines that to 

do so will contribute to, and is necessary for, the proper 
H. R. 1068—8 

preservation, protection, interpretation, or management of a 

System unit, the Secretary may, following timely notice in 

writing to the Committee on Natural Resources of the House 

of Representatives and the Committee on Energy and Natural 

Resources of the Senate of the Secretary’s intention to do so, 

and by publication of a revised boundary map or other description in the Federal Register— 

(A) make minor changes to the boundary of the System 

unit, and amounts appropriated from the Fund shall be 

available for acquisition of any land, water, and interests 

in land or water added to the System unit by the boundary 

change subject to such statutory limitations, if any, on 

methods of acquisition and appropriations thereof as may 

be specifically applicable to the System unit; and 

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

transfer from any other Federal agency, or exchange, land, 

water, or interests in land or water adjacent to the System 

unit, except that in exercising the Secretary’s authority 

under this subparagraph the Secretary— 

(i) shall not alienate property administered as part 

of the System to acquire land by exchange; 

(ii) shall not acquire property without the consent 

of the owner; and 

(iii) may acquire property owned by a State or political subdivision of a State only by donation. 

(2) CONSULTATION.—Prior to making a determination under 

this subsection, the Secretary shall consult with the governing 

body of the county, city, town, or other jurisdiction or jurisdictions having primary taxing authority over the land or interest 

to be acquired as to the impacts of the proposed action. 

(3) ACTION TO ADVANCE LOCAL PUBLIC AWARENESS.—The Secretary shall take such steps as the Secretary considers appropriate to advance local public awareness of the proposed action. 

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

interests in land or water acquired in accordance with this 

subsection shall be administered as part of the System unit 

to which they are added, subject to the laws and regulations 

applicable to the System unit. 

(5) WHEN AUTHORITY APPLIES.—For the purposes of paragraph (1)(A), in all cases except the case of technical boundary 

changes (resulting from such causes as survey error or changed 

road alignments), the authority of the Secretary under paragraph (1)(A) shall apply only if each of the following conditions 

is met: 

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

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

unit and the total acreage of the land, water, and interests 

in land or water to be deleted from the System unit is 

not more than 5 percent of the total Federal acreage authorized to be included in the System unit and is less than 

200 acres. 

(B) The acquisition, if any, is not a major Federal action 

significantly affecting the quality of the human environment, as determined by the Secretary. 

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

water, and interests in land or water to be added to the 

System unit and the total appraised value of the land, 
H. R. 1068—9 

water, and interests in land or water to be deleted from 

the System unit does not exceed $750,000. 

(D) The proposed boundary change is not an element 

of a more comprehensive boundary change proposal. 

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

review and comment period. 

(F) The Director obtains written consent for the boundary 

change from all property owners whose land, water, or 

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

water, or interests in land or water, will be added to 

or deleted from the System unit by the boundary change. 

(G) The land abuts other Federal land administered by 

the Director. 

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

involving only deletions of acreage owned by the Federal 

Government and administered by the Service may be made 

only by Act of Congress. 

§ 100507. Additional areas for System 

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

shall investigate, study, and continually monitor the welfare of 

areas whose resources exhibit qualities of national significance and 

that may have potential for inclusion in the System. 

(b) SUBMISSION OF LIST OF AREAS RECOMMENDED FOR STUDY

FOR POTENTIAL INCLUSION.— (1) WHEN LIST IS TO BE SUBMITTED.—At the beginning of 

each calendar year, with the annual budget submission, the 

Secretary shall submit to the Committee on Natural Resources 

of the House of Representatives and the Committee on Energy 

and Natural Resources of the Senate a list of areas recommended for study for potential inclusion in the System. 

(2) FACTORS TO BE CONSIDERED.—In developing the list to 

be submitted under this subsection, the Secretary shall consider— 

(A) the areas that have the greatest potential to meet 

the established criteria of national significance, suitability, 

and feasibility; 

(B) themes, sites, and resources not already adequately 

represented in the System; and 

(C) public petitions and Congressional resolutions. 

(3) ACCOMPANYING SYNOPSIS.—Accompanying the annual 

listing of areas shall be a synopsis, for each report previously 

submitted, of the current and changed condition of the resource 

integrity of the area and other relevant factors, compiled as 

a result of continual periodic monitoring and embracing the 

period since the previous submission or initial report submission one year earlier. 

(4) CONGRESSIONAL AUTHORIZATION REQUIRED.—No study of 

the potential of an area for inclusion in the System may be 

initiated except as provided by specific authorization of an 

Act of Congress. 

(5) AUTHORITY TO CONDUCT CERTAIN ACTIVITIES NOT LIMITED.—This section and sections 100901(b), 101702(b) and (c), 

and 102102 of this title do not limit the authority of the 

Service to conduct preliminary resource assessments, gather 

data on potential study areas, provide technical and planning 

assistance, prepare or process nominations for administrative 
H. R. 1068—10 

designations, update previous studies, or complete reconnaissance surveys of individual areas requiring a total expenditure 

of less than $25,000. 

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

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

(A) any river segment for potential addition to the 

national wild and scenic rivers system; or 

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

system. 

(c) STUDY OF AREAS FOR POTENTIAL INCLUSION.— 

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

shall complete the study for each area for potential inclusion 

in the System within 3 complete fiscal years following the 

date on which funds are first made available for that purpose. 

(2) OPPORTUNITY FOR PUBLIC INVOLVEMENT REQUIRED.—Each 

study under this section shall be prepared with appropriate 

opportunity for public involvement, including at least one public 

meeting in the vicinity of the area under study, and after 

reasonable efforts to notify potentially affected landowners and 

State and local governments. 

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

shall consider whether the area under study— 

(A) possesses nationally significant natural or cultural 

resources and represents one of the most important examples of a particular resource type in the country; and 

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

(4) SCOPE OF STUDY.—Each study— 

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

(i) the rarity and integrity of the resources; 

(ii) the threats to those resources; 

(iii) whether similar resources are already protected 

in the System or in other public or private ownership; 

(iv) the public use potential; 

(v) the interpretive and educational potential; 

(vi) costs associated with acquisition, development, 

and operation; 

(vii) the socioeconomic impacts of any designation; 

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

and 

(ix) whether the area is of appropriate configuration 

to ensure long-term resource protection and visitor use; 

(B) shall consider whether direct Service management 

or alternative protection by other public agencies or the 

private sector is appropriate for the area; 

(C) shall identify what alternative or combination of 

alternatives would in the professional judgment of the 

Director be most effective and efficient in protecting significant resources and providing for public enjoyment; and 

(D) may include any other information that the Secretary 

considers to be relevant. 

(5) COMPLIANCE WITH NATIONAL ENVIRONMENTAL POLICY ACT

OF 1969.—Each study shall be completed in compliance with 

the National Environmental Policy Act of 1969 (42 U.S.C. 4321 

et seq.). 

(6) RECOMMENDATION OF PREFERRED MANAGEMENT OPTION.— 

The letter transmitting each completed study to Congress shall 
H. R. 1068—11 

contain a recommendation regarding the Secretary’s preferred 

management option for the area. 

(d) LIST OF AREAS PREVIOUSLY STUDIED.— 

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

year, with the annual budget submission, the Secretary shall 

submit to the Committee on Natural Resources of the House 

of Representatives and the Committee on Energy and Natural 

Resources of the Senate, in numerical order of priority for 

addition to the System— 

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

that contain primarily historical resources; and 

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

that contain primarily natural resources. 

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

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

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

include on the lists only areas for which the supporting data 

are current and accurate. 

(e) LIST OF AREAS THAT EXHIBIT DANGER OR THREATS TO THE

INTEGRITY OF THEIR RESOURCES.—At the beginning of each fiscal 

year, the Secretary shall submit to the Speaker of the House of 

Representatives and the President of the Senate a complete and 

current list of all areas listed on the Registry of Natural Landmarks, 

and areas of national significance listed on the National Register 

of Historic places, that exhibit known or anticipated damage or 

threats to the integrity of their resources, with notations as to 

the nature and severity of the damage or threats. 

(f) REPORTS AND LISTINGS PRINTED AS HOUSE DOCUMENTS.— 

Each report and annual listing described in this section shall be 

printed as a House document. If adequate supplies of previously 

printed identical reports remain available, newly submitted identical reports shall be omitted from printing on receipt by the 

Speaker of the House of Representatives of a joint letter from 

the chairman of the Committee on Natural Resources of the House 

of Representatives and the chairman of the Committee on Energy 

and Natural Resources of Senate indicating that to be the case. 

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

single office to prepare all new area studies and to implement 

other functions under this section. 

(h) AUTHORIZATION OF APPROPRIATIONS.— 

(1) STUDIES OF POTENTIAL NEW SYSTEM UNITS AND MONITORING THE WELFARE OF SYSTEM UNIT RESOURCES.—To carry 

out studies for potential new System units and for monitoring 

the welfare of historical and natural resources referred to in 

subparagraphs (A) and (B) of subsection (d)(1), there is authorized to be appropriated not more than $1,000,000 for each 

fiscal year. 

(2) MONITORING WELFARE AND INTEGRITY OF NATIONAL LANDMARKS.—To monitor the welfare and integrity of the national 

landmarks, there is authorized to be appropriated not more 

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

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

out subsections (b), (c), and (g), there is authorized to be appropriated $2,000,000 for each fiscal year. 
H. R. 1068—12 

Chapter 1007—Resource Management 

Subchapter I—System Resource Inventory and Management 

Sec. 

100701. Protection, interpretation, and research in System. 

100702. Research mandate. 

100703. Cooperative study units. 

100704. Inventory and monitoring program. 

100705. Availability of System units for scientific study. 

100706. Integration of study results into management decisions. 

100707. Confidentiality of information. 

Subchapter II—System Unit Resource Protection 

100721. Definitions. 

100722. Liability. 

100723. Actions. 

100724. Use of recovered amounts. 

100725. Donations. 

Subchapter III—Mining Activity Within System Units 

100731. Findings and declaration. 

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

of regulations. 

100733. Recordation of mining claims; publication of notice. 

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

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

100736. Acquisition of land by Secretary. 

100737. Financial disclosure by officer or employee of Secretary. 

Subchapter IV—Administration 

100751. Regulations. 

100752. Destruction of animals and plant life. 

100753. Disposal of timber. 

100754. Relinquishment of legislative jurisdiction. 

100755. Applicability of other laws. 

Subchapter I—System Resource Inventory 

and Management 

§ 100701. Protection, interpretation, and research in System 

Recognizing the ever increasing societal pressures being placed 

upon America’s unique natural and cultural resources contained 

in the System, the Secretary shall continually improve the ability 

of the Service to provide state-of-the-art management, protection, 

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

§ 100702. Research mandate 

The Secretary shall ensure that management of System units 

is enhanced by the availability and utilization of a broad program 

of the highest quality science and information. 

§ 100703. Cooperative study units 

The Secretary shall enter into cooperative agreements with colleges and universities, including land grant schools, in partnership 

with other Federal and State agencies, to establish cooperative 

study units to conduct multi-disciplinary research and develop 

integrated information products on the resources of the System, 

or the larger region of which System units are a part. 

§ 100704. Inventory and monitoring program 

The Secretary shall undertake a program of inventory and monitoring of System resources to establish baseline information and 

to provide information on the long-term trends in the condition 
H. R. 1068—13 

of System resources. The monitoring program shall be developed 

in cooperation with other Federal monitoring and information collection efforts to ensure a cost-effective approach. 

§ 100705. Availability of System units for scientific study 

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

requests from Federal or non-Federal public or private agencies, 

organizations, individuals, or other entities for the use of any 

System unit for purposes of scientific study. 

(b) CRITERIA.—A request for use of a System unit under subsection (a) may be approved only if the Secretary determines that 

the proposed study— 

(1) is consistent with applicable laws and Service management policies; and 

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

the System unit resources or public enjoyment derived from 

System unit resources. 

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

admission or recreational use fee in order to facilitate the conduct 

of scientific study under this section. 

(d) BENEFIT-SHARING ARRANGEMENTS.—The Secretary may negotiate for and enter into equitable, efficient benefit-sharing arrangements with the research community and private industry. 

§ 100706. Integration of study results into management 

decisions 

The Secretary shall take such measures as are necessary to 

ensure the full and proper utilization of the results of scientific 

study for System unit management decisions. In each case in which 

an action undertaken by the Service may cause a significant adverse 

effect on a System unit resource, the administrative record shall 

reflect the manner in which System unit resource studies have 

been considered. The trend in the condition of resources of the 

System shall be a significant factor in the annual performance 

evaluation of each superintendent of a System unit. 

§ 100707. Confidentiality of information 

Information concerning the nature and specific location of a 

System resource that is endangered, threatened, rare, or commercially valuable, of mineral or paleontological objects within System 

units, or of objects of cultural patrimony within System units, 

may be withheld from the public in response to a request under 

section 552 of title 5 unless the Secretary determines that— 

(1) disclosure of the information would further the purposes 

of the System unit in which the resource or object is located 

and would not create an unreasonable risk of harm, theft, 

or destruction of the resource or object, including individual 

organic or inorganic specimens; and 

(2) disclosure is consistent with other laws protecting the 

resource or object. 

Subchapter II—System Unit Resource 

Protection 

§ 100721. Definitions 

In this subchapter: 
H. R. 1068—14 

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

(A) compensation for— 

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

the equivalent of a System unit resource; and 

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

System unit resource pending its restoration or replacement or the acquisition of an equivalent resource; or 

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

System unit resource cannot be replaced or restored; 

and 

(B) the cost of a damage assessment under section 

100723(b) of this title. 

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

costs of actions taken by the Secretary to— 

(A) prevent or minimize destruction or loss of or injury 

to a System unit resource; 

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

(C) monitor ongoing effects of incidents causing the 

destruction, loss, or injury. 

(3) SYSTEM UNIT RESOURCE.— 

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

means any living or non-living resource that is located 

within the boundaries of a System unit. 

(B) EXCLUSION.—The term ‘‘System unit resource’’ does 

not include a resource owned by a non-Federal entity. 

§ 100722. Liability 

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

destroys, causes the loss of, or injures any System unit resource 

is liable to the United States for response costs and damages 

resulting from the destruction, loss, or injury. 

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

vehicle, aircraft, or other equipment, that destroys, causes the loss 

of, or injures any System unit resource shall be liable in rem 

to the United States for response costs and damages resulting 

from the destruction, loss, or injury to the same extent as a person 

is liable under subsection (a). 

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

person establishes that— 

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

resource was caused solely by an act of God or an act of 

war; 

(2) the person acted with due care, and the destruction, 

loss of, or injury to the System unit resource was caused solely 

by an act or omission of a 3d party, other than an employee 

or agent of the person; or 

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

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

(d) SCOPE.—Liability under this section is in addition to any 

other liability that may arise under Federal or State law. 

§ 100723. Actions 

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

Attorney General, on request of the Secretary after a finding by 

the Secretary of destruction, loss, or injury to a System unit resource 

or a finding that absent the undertaking of a response action, 
H. R. 1068—15 

destruction, loss, or injury to a System unit resource would have 

occurred, may bring a civil action in United States district court 

against any person or instrumentality that may be liable under 

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

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

General whenever a person may be liable or an instrumentality 

may be liable in rem for those costs and damages under section 

100722 of this title. 

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

OR INJURY.— 

(1) ACTIONS TO PREVENT OR MINIMIZE DESTRUCTION, LOSS, 

OR INJURY.—The Secretary shall undertake all necessary 

actions to— 

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

to System unit resources; or 

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

injury to System unit resources. 

(2) ASSESSMENT AND MONITORING.—The Secretary shall 

assess and monitor destruction, loss, or injury to System unit 

resources. 

§ 100724. Use of recovered amounts 

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

by the Secretary under this subchapter or amounts recovered by 

the Federal Government under any Federal, State, or local law 

or regulation or otherwise as a result of destruction, loss of, or 

injury to any System unit resource shall be available to the Secretary and without further Congressional action may be used only 

as follows: 

(1) REIMBURSEMENT.—To reimburse response costs and damage assessments by the Secretary or other Federal agencies 

as the Secretary considers appropriate. 

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

acquire the equivalent of System unit resources that were the 

subject of the action and to monitor and study those System 

unit resources. The funds may not be used to acquire any 

land or water, interest in land or water, or right to land 

or water unless the acquisition is specifically approved in 

advance in appropriations Acts. The acquisition shall be subject 

to any limitations contained in the legislation establishing the 

System unit. 

(b) EXCESS AMOUNTS.—Any amounts remaining after expenditures pursuant to paragraphs (1) and (2) of subsection (a) shall 

be deposited in the Treasury. 

§ 100725. Donations 

The Secretary may accept donations of money or services for 

expenditure or employment to meet expected, immediate, or ongoing 

response costs. The donations may be expended or employed at 

any time after their acceptance, without further Congressional 

action. 
H. R. 1068—16 

Subchapter III—Mining Activity Within 

System Units 

§ 100731. Findings and declaration 

Congress finds and declares that— 

(1) the level of technology of mineral exploration and development has changed radically, and continued application of the 

mining laws of the United States to System units to which 

the mining laws apply conflicts with the purposes for which 

the System units were established; and 

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

so as to prevent or minimize damage to the environment and 

other resource values. 

§ 100732. Preservation and management of System units by 

Secretary; promulgation of regulations 

To preserve for the benefit of present and future generations 

the pristine beauty of System units, and to further the purposes 

of section 100101(a), chapter 1003, and sections 100751(a), 100752, 

100753, and 102101 of this title and the individual organic Acts 

for the System units, all activities resulting from the exercise of 

mineral rights on patented or unpatented mining claims within 

any System unit shall be subject to such regulations prescribed 

by the Secretary as the Secretary considers necessary or desirable 

for the preservation and management of the System units. 

§ 100733. Recordation of mining claims; publication of notice 

All mining claims under the Mining Law of 1872 (30 U.S.C. 

chapter 2, sections 161 and 162, and chapters 12A and 16) that 

lie within the boundaries of System units in existence on September 

28, 1976, that were not recorded with the Secretary within one 

year after September 28, 1976, shall be conclusively presumed 

to be abandoned and shall be void. The recordation does not render 

valid any claim that was not valid on September 28, 1976, or 

that becomes invalid after that date. 

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

When the Secretary finds on the Secretary’s own motion or on 

being notified in writing by an appropriate scientific, historical, 

or archeological authority that a district, site, building, structure, 

or object that has been found to be nationally significant in illustrating natural history or the history of the United States and 

that has been designated as a natural or historic landmark may 

be irreparably lost or destroyed in whole or in part by any surface 

mining activity, including exploration for or removal or production 

of minerals or materials, the Secretary shall notify the person 

conducting the activity and submit a report on the findings or 

notification, including the basis for the Secretary’s finding that 

the activity may cause irreparable loss or destruction of a national 

landmark, to the Advisory Council on Historic Preservation, with 

a request for advice of the Council as to alternative measures 

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

the activity. 
H. R. 1068—17 

§ 100735. Civil actions for just compensation by mining claim 

holders 

The holder of any patented or unpatented mining claim subject 

to this subchapter that believes the holder has suffered a loss 

by operation of this subchapter, or by orders or regulations issued 

pursuant to this subchapter, may bring a civil action in United 

States district court to recover just compensation, which shall be 

awarded if the court finds that the loss constitutes a taking of 

property compensable under the Constitution. 

§ 100736. Acquisition of land by Secretary 

Nothing in this subchapter shall be construed to limit the 

authority of the Secretary to acquire land and interests in land 

within the boundary of any System unit. The Secretary shall give 

prompt and careful consideration to any offer made by the owner 

of any valid right or other property in Glacier Bay National Monument, Death Valley National Monument, Organ Pipe Cactus 

National Monument, or Mount McKinley National Park to sell 

the right or other property if the owner notifies the Secretary 

that the continued ownership of the right or property is causing, 

or would result in, undue hardship. 

§ 100737. Financial disclosure by officer or employee of Secretary 

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

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

or any Act amended by the Mining in the Parks Act (Public 

Law 94–429, 90 Stat. 1342) concerning the regulation of mining 

in the System; and 

(2) has any known financial interest— 

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

amended by the Mining in the Parks Act (Public Law 

94–429, 90 Stat. 1342); or 

(B) in any person who holds a mining claim within the 

boundary of any System unit; 

shall annually file with the Secretary a written statement concerning all such interests held by the officer or employee during 

the preceding calendar year. The statement shall be available to 

the public. 

(b) MONITORING AND ENFORCEMENT PROCEDURES.—The Secretary 

shall— 

(1) define the term ‘‘known financial interest’’ for purposes 

of subsection (a); 

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

written statements specified in subsection (a) will be monitored 

and enforced, including appropriate provisions for the filing 

by the officers and employees of the statements and the review 

by the Secretary of the statements; and 

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

with respect to the disclosures and the actions taken in regard 

to the disclosures during the preceding calendar year. 

(c) EXEMPTIONS.—In the rules prescribed under subsection (b), 

the Secretary may identify specific positions within the Department 

of the Interior that are of a nonregulatory or nonpolicymaking 

nature and provide that officers or employees occupying those positions shall be exempt from the requirements of this section. 
H. R. 1068—18 

(d) CRIMINAL PENALTIES.—Criminal penalties for a violation of 

this section are provided by section 1865 of title 18. 

Subchapter IV—Administration 

§ 100751. Regulations 

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

as the Secretary considers necessary or proper for the use and 

management of System units. 

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

The Secretary, under such terms and conditions as the Secretary 

considers advisable, may prescribe regulations under subsection 

(a) concerning boating and other activities on or relating to water 

located within System units, including water subject to the jurisdiction of the United States. Any regulation under this subsection 

shall be complementary to, and not in derogation of, the authority 

of the Coast Guard to regulate the use of water subject to the 

jurisdiction of the United States. 

(c) CRIMINAL PENALTIES.—Criminal penalties for a violation of 

a regulation prescribed under this section are provided by section 

1865 of title 18. 

§ 100752. Destruction of animals and plant life 

The Secretary may provide for the destruction of such animals 

and plant life as may be detrimental to the use of any System 

unit. 

§ 100753. Disposal of timber 

The Secretary, on terms and conditions to be fixed by the Secretary, may sell or dispose of timber in cases where, in the judgment 

of the Secretary, the cutting of timber is required to control attacks 

of insects or diseases or otherwise conserve the scenery or the 

natural or historic objects in any System unit. 

§ 100754. Relinquishment of legislative jurisdiction 

(a) IN GENERAL.—Notwithstanding any other provision of law, 

the Secretary may relinquish to a State or a territory (including 

a possession) of the United States part of the legislative jurisdiction 

of the United States over System land or interests in land in 

that State or territory. Relinquishment may be accomplished— 

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

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

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

(b) SUBMISSION OF AGREEMENT TO CONGRESS.—Prior to consummating a relinquishment under subsection (a), the Secretary shall 

submit the proposed agreement to the Committee on Energy and 

Natural Resources of the Senate and the Committee on Natural 

Resources of the House of Representatives. The Secretary shall 

not finalize the agreement until 60 calendar days after the submission has elapsed. 

(c) CONCURRENT LEGISLATIVE JURISDICTION.—The Secretary shall 

diligently pursue the consummation of arrangements with each 

State or territory within which a System unit is located so that 

insofar as practicable the United States shall exercise concurrent 

legislative jurisdiction within System units. 
H. R. 1068—19 

§ 100755. Applicability of other laws 

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

to (h), 101302(b)(2), 101901(c), and 102711 of this title, and the 

various authorities relating to the administration and protection 

of System units, including the provisions of law listed in subsection 

(b), shall, to the extent that those provisions are not in conflict 

with any such specific provision, be applicable to System units, 

and any reference in any of these provisions to a System unit 

does not limit those provisions to that System unit. 

(b) APPLICABLE PROVISIONS.—The provisions of law referred to 

in subsection (a) are— 

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

100752, 100753, 101101, 101102, 101511, 102101, 102712, 

102901, 104905, and 104906, and chapter 2003 of this title; 

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

(3) chapter 3201 of this title. 

Chapter 1009—Administration 

Sec. 

100901. Authority of Secretary to carry out certain activities. 

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

100903. Solid waste disposal operations. 

100904. Admission and special recreation use fees. 

100905. Commercial filming. 

100906. Advisory committees. 

§ 100901. Authority of Secretary to carry out certain activities 

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

the Secretary, under such terms and conditions as the Secretary 

may consider advisable, may carry out the activities described in 

this section. 

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

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

persons, States, or political subdivisions of States, of services, 

resources, or water available within a System unit, as long as 

the activity does not jeopardize or unduly interfere with the primary 

natural or historic resource of the System unit, if the person, 

State, or political subdivision— 

(1) provides public accommodations or services within the 

immediate vicinity of the System unit to individuals visiting 

the System unit; and 

(2) demonstrates to the Secretary that there are no reasonable 

alternatives by which to acquire or perform the necessary services, resources, or water. 

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

and have installed, air conditioning units for any Governmentowned passenger motor vehicles used by the Service, where assigned 

duties necessitate long periods in automobiles or in regions of 

the United States where high temperatures and humidity are 

common and prolonged. 

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

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

and other utility facilities adjacent to any System unit, where 

necessary, to provide service in the System unit. 

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

furnish, on a reimbursement of appropriation basis, supplies, and 
H. R. 1068—20 

rent equipment, to persons and agencies that, in cooperation with 

and subject to the approval of the Secretary, render services or 

perform functions that facilitate or supplement the activities of 

the Department of the Interior in the administration of the System. 

The reimbursements may be credited to the appropriation current 

at the time reimbursements are received. 

(f) CONTRACTS FOR UTILITY FACILITIES.—The Secretary may contract, under terms and conditions that the Secretary considers 

to be in the interest of the Federal Government, for the sale, 

operation, maintenance, repair, or relocation of Government-owned 

electric and telephone lines and other utility facilities used for 

the administration and protection of the System, regardless of 

whether the lines and facilities are located within or outside the 

System. 

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

MAINTAIN ROADS.—The Secretary may acquire— 

(1) rights of way necessary to construct, improve, and maintain roads within the authorized boundaries of any System 

unit; and 

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

when— 

(A) considered necessary by the Secretary— 

(i) to provide adequate protection of natural features; 

or 

(ii) to avoid traffic and other hazards resulting from 

private road access connections; or 

(B) the acquisition of adjacent residual tracts, which 

otherwise would remain after acquiring the rights of way, 

would be in the public interest. 

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

(1) IN GENERAL.—The Secretary may operate, repair, maintain, and replace motor and other equipment on a reimbursable 

basis when the equipment is used on Federal projects of the 

System, chargeable to other appropriations, or on work of other 

Federal agencies, when requested by the agencies. 

(2) REIMBURSEMENT.—Reimbursement shall be— 

(A) made from appropriations applicable to the work 

on which the equipment is used at rental rates established 

by the Secretary, based on actual or estimated cost of 

operation, repair, maintenance, depreciation, and equipment management control; and 

(B) credited to appropriations currently available at the 

time adjustment is effected. 

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

The Secretary may rent equipment for fire control purposes 

to State, county, private, or other non-Federal agencies that 

cooperate with the Secretary in the administration of the 

System and other areas in fire control. The rental shall be 

under the terms of written cooperative agreements. The amount 

collected for the rentals shall be credited to appropriations 

currently available at the time payment is received. 

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

communication facilities 

(a) PUBLIC UTILITIES.— 
H. R. 1068—21 

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

the Secretary may grant a right of way through a System 

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

that intends to use the right of way for— 

(A) electrical plants, poles, and lines for the generation 

and distribution of electrical power; 

(B) telephone and telegraph purposes; and 

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

or other water conduits and water plants, dams, and reservoirs used to promote irrigation or mining or quarrying, 

or the manufacturing or cutting of timber or lumber, or 

the supplying of water for domestic, public, or any other 

beneficial uses. 

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

subsection shall be for— 

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

tunnels, reservoirs, or other water conduits or water plants, 

or electrical or other works permitted under paragraph 

(1); and 

(B) not more than 50 feet— 

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

or 

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

pipe lines, electrical, telegraph, and telephone lines 

and poles. 

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

be allowed within or through a System unit only on the approval 

of the Secretary and on a finding that the right of way is 

not incompatible with the public interest. 

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

under this subsection. 

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

of way under this subsection does not confer any right, easement, or interest in, to, or over a System unit. 

(b) POWER AND COMMUNICATION FACILITIES.— 

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

the Secretary may grant a right of way over, across, and on 

through a System unit to a citizen, association, or corporation 

of the United States that intends to use the right of way 

for— 

(A) electrical poles and lines for the transmission and 

distribution of electrical power; 

(B) poles and lines for communication purposes; and 

(C) radio, television, and other forms of communication 

transmitting, relay, and receiving structures and facilities. 

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

subsection— 

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

the right of way is granted; and 

(B) for— 

(i) lines and poles shall be for 200 feet on each 

side of the center line of the lines and poles; and 

(ii) radio, television, and other forms of communication transmitting, relay, and receiving structures and 

facilities shall be for not more than 400 feet by 400 

feet. 
H. R. 1068—22 

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

be allowed within or through a System unit only on the approval 

of the Secretary and on a finding that the right of way is 

not incompatible with the public interest. 

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

and annul any part of a right of way under this subsection 

for— 

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

(B) abandonment. 

§ 100903. Solid waste disposal operations 

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

and cultural values of the System and the property of the United 

States in the System, no solid waste disposal site (including any 

site for the disposal of domestic or industrial solid waste) may 

be operated within the boundary of any System unit, other than— 

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

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

that System unit so long as the site will not degrade any 

of the natural or cultural resources of the System unit. 

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

carry out this section, including reasonable regulations to mitigate 

the adverse effects of solid waste disposal sites in operation as 

of September 1, 1984, on property of the United States. 

§ 100904. Admission and special recreation use fees 

(a) SYSTEM UNITS AT WHICH ENTRANCE FEES OR ADMISSIONS

FEES CANNOT BE COLLECTED.— (1) WITHHOLDING OF AMOUNTS.—Notwithstanding section 107 

of the Department of the Interior and Related Agencies Appropriations Act, 1998 (Public Law 105–83, 111 Stat. 1561), the 

Secretary shall withhold from the special account under section 

807(a) of the Federal Lands Recreation Enhancement Act (16 

U.S.C. 6806(a)) 100 percent of the fees and charges collected 

in connection with any System unit at which entrance fees 

or admission fees cannot be collected by reason of deed restrictions. 

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

(1) shall be retained by the Secretary and shall be available, 

without further appropriation, for expenditure by the Secretary 

for the System unit with respect to which the amounts were 

collected for the purposes of enhancing the quality of the visitor 

experience, protection of resources, repair and maintenance, 

interpretation, signage, habitat or facility enhancement, 

resource preservation, annual operation (including fee collection), maintenance, and law enforcement. 

(b) ALLOCATION OF FUNDS TO SYSTEM UNITS.— (1) ALLOCATION OF FUNDS ON BASIS OF NEED.—Ten percent 

of the funds made available to the Director under subsection 

(a) in each fiscal year shall be allocated among System units 

on the basis of need in a manner to be determined by the 

Director. 

(2) ALLOCATION OF FUNDS BASED ON EXPENSES AND BASED

ON FEES COLLECTED.— (A) IN GENERAL.—Forty percent of the funds made available to the Director under subsection (a) in each fiscal 

year shall be allocated among System units in accordance 
H. R. 1068—23 

with subparagraph (B) of this subsection and 50 percent 

shall be allocated in accordance with subparagraph (C). 

(B) ALLOCATION BASED ON EXPENSES.—The amount allocated to each System unit under this paragraph for each 

fiscal year based on expenses shall be a fraction of the 

total allocation to all System units under this paragraph. 

The fraction for each System unit shall be determined 

by dividing the operating expenses at that System unit 

during the prior fiscal year by the total operating expenses 

at all System units during the prior fiscal year. 

(C) ALLOCATION BASED ON FEES COLLECTED.—The 

amount allocated to each System unit under this paragraph 

for each fiscal year based on fees collected shall be a 

fraction of the total allocation to all System units under 

this paragraph. The fraction for each System unit shall 

be determined by dividing the user fees and admission 

fees collected under this section at that System unit during 

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

fees collected under this section at all System units during 

the prior fiscal year. 

(3) AVAILABILITY OF AMOUNTS.—Amounts allocated under this 

subsection to any System unit for any fiscal year and not 

expended in that fiscal year shall remain available for expenditure at that System unit until expended. 

(c) SELLING OF PERMITS.— (1) AUTHORITY TO SELL PERMITS.—When authorized by the 

Secretary, volunteers at System units may sell permits and 

collect fees authorized or established pursuant to this section. 

The Secretary shall ensure that the volunteers have adequate 

training regarding— 

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

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

which they are assigned; and 

(C) the provision of assistance and information to visitors 

to the System unit. 

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

a surety bond for any such volunteer performing services under 

this subsection. Funds available to the Service may be used 

to cover the cost of the surety bond. The Secretary may enter 

into arrangements with qualified public or private entities 

pursuant to which the entities may sell (without cost to the 

United States) annual admission permits (including Golden 

Eagle Passports) at any appropriate location. The arrangements 

shall require each such entity to reimburse the United States 

for the full amount to be received from the sale of the permits 

at or before the Secretary delivers the permits to the entity 

for sale. 

(d) CHARGE FOR TRANSPORTATION PROVIDED BY SERVICE FOR

VIEWING SYSTEM UNITS.— (1) CHARGE WHEN TRANSPORTATION PROVIDED.—Where the 

Service provides transportation to view all or a portion of 

any System unit, the Director may impose a charge for the 

service in lieu of an admission fee under this section. 

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

imposed under paragraph (1) shall be retained by the System 

unit at which the service was provided. The remainder shall 
H. R. 1068—24 

be deposited in the same manner as receipts from fees collected 

pursuant to this section. Fifty percent of the amount retained 

shall be expended only for maintenance of transportation systems at the System unit where the charge was imposed. The 

remaining 50 percent of the retained amount shall be expended 

only for activities related to resource protection at those System 

units. 

(e) ADMISSION FEES.—Where the primary public access to a 

System unit is provided by a concessioner, the Secretary may charge 

an admission fee at the System unit only to the extent that the 

total of the fee charged by the concessioner for access to the System 

unit and the admission fee does not exceed the maximum amount 

of the admission fee that could otherwise be imposed. 

(f) COMMERCIAL TOUR USE FEES.— 

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

which an admission fee is charged under this section, the 

Secretary shall establish a commercial tour use fee to be 

imposed on each vehicle entering the System unit for the purpose of providing commercial tour services within the System 

unit. 

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

fee per entry as follows: 

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

capacity of 25 individuals or less. 

(B) Fifty dollars per vehicle with a passenger capacity 

of more than 25 individuals. 

(3) ADJUSTMENTS.—The Secretary may periodically make 

reasonable adjustments to the commercial tour use fee imposed 

under this subsection. 

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

under this subsection shall not apply to the following: 

(A) Any vehicle transporting organized school groups or 

outings conducted for educational purposes by schools or 

other bona fide educational institutions. 

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

contract issued under subchapter II of chapter 1019 of 

this title. 

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

entering the airspace of— 

(A) Haleakala ̄ Crater, Crater Cabins, the Scientific 

Research Reserve, Halemauu Trail, Kaupo Gap Trail, or 

any designated tourist viewpoint in Haleakala ̄ National 

Park or of Grand Canyon National Park; or 

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

providing commercial tour services if the Secretary determines that the level of the services is equal to or greater 

than the level at the System units specified in subparagraph (A). 

§ 100905. Commercial filming 

(a) COMMERCIAL FILMING FEE.— 

(1) IN GENERAL.—The Secretary shall require a permit and 

shall establish a reasonable fee for commercial filming activities 

or similar projects in a System unit. The fee shall provide 

a fair return to the United States and shall be based on the 

following criteria: 
H. R. 1068—25 

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

project takes place in the System unit. 

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

unit. 

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

System unit. 

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

in determining an appropriate fee as the Secretary considers 

necessary. 

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

incurred as a result of filming activities or similar projects, 

including administrative and personnel costs. All costs recovered 

shall be in addition to the fee assessed in subsection (a). 

(c) STILL PHOTOGRAPHY.— 

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

Secretary shall not require a permit or assess a fee for still 

photography in a System unit if the photography takes place 

where members of the public are generally allowed. The Secretary may require a permit, assess a fee, or both, if the 

photography takes place at other locations where members 

of the public are generally not allowed, or where additional 

administrative costs are likely. 

(2) EXCEPTION.—The Secretary shall require and shall establish a reasonable fee for still photography that uses models 

or props that are not a part of the site’s natural or cultural 

resources or administrative facilities. 

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

any filming, still photography or other related activity if the Secretary determines that— 

(1) there is a likelihood of resource damage; 

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

use and enjoyment of the site; or 

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

(e) USE OF PROCEEDS.— (1) FEES.—All fees collected under this section shall be available for expenditure by the Secretary, without further appropriation and shall remain available until expended. 

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

available for expenditure by the Secretary, without further 

appropriation, at the site where the costs are collected and 

shall remain available until expended. 

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

establish a process to ensure that the Secretary responds in a 

timely manner to permit applicants for commercial filming, still 

photography, or other activity. 

§ 100906. Advisory committees 

(a) ESTABLISHMENT.—To facilitate the administration of the 

System, the Secretary, under such terms and conditions as the 

Secretary may consider advisable, may appoint and establish 

advisory committees in regard to the functions of the Service as 

the Secretary considers advisable. 

(b) CHARTER EXCEPTION ON RENEWAL.—Section 14(b) of the Federal Advisory Committee Act (5 U.S.C. App.) is waived with respect 

to any advisory commission or advisory committee established by 

law in connection with any System unit during the period for 

which the commission or committee is authorized by law. 
H. R. 1068—26 

(c) SERVICE OF MEMBERS.—Any member of any advisory commission or advisory committee established in connection with any 

System unit may serve after the expiration of the member’s term 

until a successor is appointed. 

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

advisory committee established under subsection (a) shall receive 

no compensation for their services as such but shall be allowed 

necessary travel expenses as authorized by section 5703 of title 

5. 

Chapter 1011—Donations 

Subchapter I—Authority of Secretary 

Sec. 

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

money. 

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

Subchapter II—National Park Foundation 

101111. Purpose and establishment of Foundation. 

101112. Board. 

101113. Gifts, devises, or bequests. 

101114. Disposition of property or income. 

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

101116. Corporate powers. 

101117. Authority of Board. 

101118. Tax exemptions; contributions toward costs of local government; contributions, gifts, or transfers to or for use of United States. 

101119. Liability of United States. 

101120. Promotion of local fundraising support. 

Subchapter I—Authority of Secretary 

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

other property, and money 

The Secretary in the administration of the Service may accept— 

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

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

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

System. 

§ 101102. Authority to accept and use funds to consolidate 

Federal land ownership 

(a) IN GENERAL.—The Secretary may— 

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

consolidate Federal land ownership within the existing boundaries of any System unit; and 

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

to the condition that donated funds are to be expended for 

purposes of this section only if Federal funds in an amount 

equal to the amount of the donated funds are appropriated 

for the purposes of this section. 

(b) AUTHORIZATION OF APPROPRIATIONS.—There are authorized 

to be appropriated for each fiscal year not more than $500,000 

to match funds that are donated for those purposes. 
H. R. 1068—27 

Subchapter II—National Park Foundation 

§ 101111. Purpose and establishment of Foundation 

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

income from, or other interest in, the property, for the benefit 

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

and thereby to further the conservation of natural, scenic, historic, 

scientific, educational, inspirational, or recreational resources for 

future generations of Americans, there is established a charitable 

and nonprofit corporation to be known as the National Park Foundation to accept and administer those gifts. 

§ 101112. Board 

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

of a Board having as members the Secretary, the Director, and 

no fewer than 6 private citizens of the United States appointed 

by the Secretary. 

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

citizen members of the Board is 6 years. If a successor is chosen 

to fill a vacancy occurring prior to the expiration of a term, the 

successor shall be chosen only for the remainder of that term. 

(c) CHAIRMAN AND SECRETARY.—The Secretary shall be the Chairman of the Board and the Director shall be the Secretary of the 

Board. 

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

Board shall not be an office within the meaning of the statutes 

of the United States. 

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

at any time shall constitute a quorum for the transaction of business. 

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

seal, which shall be judicially noticed. 

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

and there shall be at least one meeting each year. 

(h) COMPENSATION AND REIMBURSEMENT.—No compensation shall 

be paid to the members of the Board for their services as members, 

but they shall be reimbursed for actual and necessary traveling 

and subsistence expenses incurred by them in the performance 

of their duties as members out of National Park Foundation funds 

available to the Board for those purposes. 

§ 101113. Gifts, devises, or bequests 

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

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

receive, solicit, hold, administer, and use any gifts, devises, 

or bequests, either absolutely or in trust of real or personal 

property, or any income from, or other interest in, the gift, 

devise, or bequest, for the benefit of, or in connection with, 

the Service, its activities, or its services. 

(2) GIFT, DEVISE, OR BEQUEST THAT IS ENCUMBERED, RESTRICTED, OR SUBJECT TO BENEFICIAL INTERESTS.—A gift, 

devise, or bequest may be accepted by the National Park 

Foundation even though it is encumbered, restricted, or subject 

to beneficial interests of private persons if any current or future 

interest in the gift, devise, or bequest is for the benefit of 

the Service, its activities, or its services. 
H. R. 1068—28 

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

The National Park Foundation may not accept any gift, devise, 

or bequest that entails any expenditure other than from the 

resources of the Foundation. 

(c) INTEREST IN REAL PROPERTY.—For purposes of this section, 

an interest in real property includes easements or other rights 

for preservation, conservation, protection, or enhancement by and 

for the public of natural, scenic, historic, scientific, educational, 

inspirational, or recreational resources. 

§ 101114. Disposition of property or income 

(a) AUTHORITY TO DISPOSE OR DEAL WITH PROPERTY OR

INCOME.—Except as otherwise required by the instrument of 

transfer, the National Park Foundation may sell, lease, invest, 

reinvest, retain, or otherwise dispose of or deal with any property 

or income from the property as the Board may determine. 

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

in any business or make any investment that may not lawfully 

be made by a trust company in the District of Columbia, except 

that the Foundation may make any investment authorized by the 

instrument of transfer, and may retain any property accepted by 

the Foundation. 

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

THE INTERIOR AND JUSTICE.—The National Park Foundation may 

utilize the services and facilities of the Department of the Interior 

and the Department of Justice, and the services and facilities may 

be made available on request to the extent practicable with or 

without reimbursement. Amounts reimbursed to either Department 

shall be returned by the Department to the account from which 

the funds for which the reimbursement is made were drawn and 

may, without further appropriation, be expended for any purpose 

for which the account is authorized. 

§ 101115. Corporate succession and powers and duties acting 

as trustee; personal liability for malfeasance 

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

have perpetual succession. 

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

Foundation shall have all the usual powers and obligations of 

a corporation acting as a trustee, including the power to sue and 

to be sued in its own name. 

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

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

§ 101116. Corporate powers 

The National Park Foundation shall have the power to enter 

into contracts, to execute instruments, and generally to do any 

and all lawful acts necessary or appropriate to its purposes. 

§ 101117. Authority of Board 

In carrying out this chapter, the Board may— 

(1) adopt bylaws and regulations necessary for the administration of its functions; and 

(2) contract for any necessary services. 
H. R. 1068—29 

§ 101118. Tax exemptions; contributions toward costs of local 

government; contributions, gifts, or transfers to 

or for use of United States 

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

income or property received or owned by it, and all transactions 

relating to that income or property, shall be exempt from all Federal, State, and local taxation. 

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

Foundation may— 

(1) contribute toward the costs of local government in 

amounts not in excess of those which it would be obligated 

to pay that government if it were not exempt from taxation 

by virtue of subsection (a) or by virtue of its being a charitable 

and nonprofit corporation; and 

(2) agree to contribute with respect to property transferred 

to it and the income derived from the property if the agreement 

is a condition of the transfer. 

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

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

the use of the Foundation shall be deemed to be contributions, 

gifts, or transfers to or for the use of the United States. 

§ 101119. Liability of United States 

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

acts, or omissions of the National Park Foundation. 

§ 101120. Promotion of local fundraising support 

(a) PROGRAM.—The National Park Foundation shall design and 

implement a comprehensive program to assist and promote philanthropic programs of support at the individual System unit level. 

(b) IMPLEMENTATION.—The program under subsection (a) shall 

be implemented to— 

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

(2) provide support, national consistency, and managementimproving suggestions for local nonprofit support organizations. 

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

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

is practicable; and 

(2) at a minimum shall include— 

(A) a standard adaptable organizational design format 

to establish and sustain responsible management of a local 

nonprofit support organization for support of a System 

unit; 

(B) standard and legally tenable bylaws and recommended money-handling procedures that can easily be 

adapted as applied to individual System units; and 

(C) a standard training curriculum to orient and expand 

the operating expertise of personnel employed by local nonprofit support organizations. 

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

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

report of the Foundation. 

(e) AFFILIATIONS.— (1) CHARTER OR CORPORATE BYLAWS.—Nothing in this section 

requires— 
H. R. 1068—30 

(A) a nonprofit support organization or friends group 

to modify current practices or to affiliate with the National 

Park Foundation; or 

(B) a local nonprofit support organization, established 

as a result of this section, to be bound through its charter 

or corporate bylaws to be permanently affiliated with the 

National Park Foundation. 

(2) ESTABLISHMENT.—An affiliation with the National Park 

Foundation shall be established only at the discretion of the 

governing board of a nonprofit organization. 

Chapter 1013—Employees 

Subchapter I—General Provisions 

Sec. 

101301. Maintenance management system. 

101302. Authority of Secretary to carry out certain activities. 

101303. Medical attention for employees. 

101304. Personal equipment and property. 

101305. Travel expenses of System employees and dependents of deceased employees. Subchapter II—Service Career Development, Training, and Management 

101321. Service employee training. 

101322. Management development and training. 

Subchapter III—Housing Improvement 

101331. Definitions. 

101332. General authority of Secretary. 

101333. Criteria for providing housing. 

101334. Authorization for housing agreements. 

101335. Housing programs. 

101336. Contracts for the management of field employee quarters. 

101337. Leasing of seasonal employee quarters. 

101338. General leasing provisions. 

101339. Assessment and priority listing. 

101340. Use of funds. 

Subchapter I—General Provisions 

§ 101301. Maintenance management system 

The Service shall implement a maintenance management system 

in the maintenance and operations programs of the System. The 

system shall include the following elements: 

(1) A workload inventory of assets including detailed information that quantifies for all assets (including buildings, roads, 

utility systems, and grounds that must be maintained) the 

characteristics affecting the type of maintenance work performed. 

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

work in each System unit. 

(3) A description of work standards including— 

(A) frequency of maintenance; 

(B) measurable quality standard to which assets should 

be maintained; 

(C) methods for accomplishing work; 

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

and 

(E) expected worker production for each maintenance 

task. 

(4) A work program and performance budget that develops 

an annual work plan identifying maintenance needs and financial resources to be devoted to each maintenance task. 
H. R. 1068—31 

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

be done in a specific time period and specifies required labor 

resources. 

(6) Work orders specifying job authorizations and a record 

of work accomplished that can be used to record actual labor 

and material costs. 

(7) Reports and special analyses that compare planned versus 

actual accomplishments and costs and that can be used to 

evaluate maintenance operations. 

§ 101302. Authority of Secretary to carry out certain activities 

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

the Secretary, under such terms and conditions as the Secretary 

may consider advisable, may carry out the activities described in 

this section. 

(b) TRANSPORTATION.—The Secretary may provide transportation 

of employees located at an isolated area of the System and to 

members of their families, if— 

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

(2) the transportation is incidental to official transportation 

services. 

(c) RECREATION FACILITIES, EQUIPMENT, AND SERVICES.—The Secretary may provide recreation facilities, equipment, and services 

for use by employees and their families located at an isolated 

area of the System. 

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

purchase field and special purpose equipment required by employees 

for the performance of assigned functions. The purchased equipment 

shall be regarded and listed as System equipment. 

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

lodging, as the Secretary considers appropriate, for members of 

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

as the Secretary may designate, serving temporarily on extended 

special duty in System units. For this purpose the Secretary may 

use funds appropriated for the expenses of the Department of 

the Interior. 

§ 101303. Medical attention for employees 

(a) IN GENERAL.—In the administration of the Service, the Secretary may contract for medical attention and service for employees 

and to make necessary payroll deductions agreed to by the 

employees for that medical attention and service. 

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

may provide, out of amounts appropriated for the general expense 

of the System units, medical attention for employees of the Service 

located at isolated situations, including— 

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

medical assistance is available; and 

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

employees to the nearest place where they can be prepared 

for shipment or for burial. 

§ 101304. Personal equipment and property 

(a) PURCHASE OF PERSONAL EQUIPMENT AND SUPPLIES.—The Secretary may purchase personal equipment and supplies for employees 
H. R. 1068—32 

of the Service and make deductions for the equipment and supplies 

from amounts appropriated for salary payments or otherwise due 

the employees. 

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

in the administration of the Service, may reimburse employees 

and other owners of horses, vehicles, and other equipment lost, 

damaged, or destroyed while in the custody of the employee or 

the Department of the Interior, under authorization, contract, or 

loan, for necessary firefighting, trail, or other official business. 

Reimbursement shall be made from any available funds in the 

appropriation to which the hire of the equipment would be properly 

chargeable. 

(c) EQUIPMENT REQUIRED TO BE FURNISHED BY FIELD

EMPLOYEES.—The Secretary may— 

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

motor and other vehicles, and miscellaneous equipment necessary for the performance of their official work; and 

(2) provide, at Federal Government expense, forage, care, 

and housing for animals, and housing or storage and fuel 

for vehicles and other equipment required to be furnished. 

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

under regulations the Secretary may prescribe, may authorize the 

hire, rental, or purchase of property from employees of the Service 

whenever it would promote the public interest to do so. 

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

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

regulations the Secretary may prescribe, pay the travel expenses 

(including the costs of packing, crating, and transporting (including 

draying) personal property) of— 

(1) employees, on permanent change of station of the 

employees; and 

(2) dependents of deceased employees— 

(A) to the nearest housing reasonably available that is 

of a standard not less than that which is vacated, including 

compensation for not to exceed 60 days rental cost, in 

the case of an employee who occupied Federal Government 

housing and whose death requires the housing to be 

promptly vacated; and 

(B) to the nearest port of entry in the conterminous 

48 States in the case of an employee whose last permanent 

station was outside the conterminous 48 States. 

Subchapter II—Service Career 

Development, Training, and Management 

§ 101321. Service employee training 

The Secretary shall develop a comprehensive training program 

for employees in all professional careers in the workforce of the 

Service for the purpose of ensuring that the workforce has available 

the best up-to-date knowledge, skills, and abilities with which to 

manage, interpret, and protect the resources of the System. 
H. R. 1068—33 

§ 101322. Management development and training 

The Secretary shall maintain a clear plan for management 

training and development under which career professional Service 

employees from any appropriate academic field may obtain sufficient training, experience, and advancement opportunity to enable 

those qualified to move into System unit management positions, 

including the position of superintendent of a System unit. 

Subchapter III—Housing Improvement 

§ 101331. Definitions 

In this subchapter: 

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

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

by the Service to perform duties at a field unit, and the 

members of the employee’s family; and 

(B) any other individual who is authorized to occupy 

Federal Government quarters under section 5911 of title 

5, and for whom there is no feasible alternative to the 

provision of Federal Government housing, and the members 

of the individual’s family. 

(2) PRIMARY RESOURCE VALUES.—The term ‘‘primary resource 

values’’ means resources that are specifically mentioned in the 

enabling legislation for that field unit or other resource value 

recognized under Federal statute. 

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

or leased by the Federal Government. 

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

means quarters typically occupied by field employees who are 

hired on assignments of 6 months or less. 

§ 101332. General authority of Secretary 

(a) RENTAL HOUSING.—To enhance the ability of the Secretary, 

acting through the Director, to effectively manage System units, 

the Secretary may where necessary and justified— 

(1) make available employee housing, on or off land under 

the administrative jurisdiction of the Service; and 

(2) rent that housing to field employees at rates based on 

the reasonable value of the housing in accordance with requirements applicable under section 5911 of title 5. 

(b) JOINT DEVELOPMENT AUTHORITY.—The Secretary may use 

authorities granted by statute in combination with one another 

in the furtherance of providing where necessary and justified affordable field employee housing. 

(c) CONSTRUCTION LIMITATIONS ON FEDERAL LAND.—The Secretary may not utilize any land for the purposes of providing field 

employee housing under this subchapter that will affect a primary 

resource value of the area or adversely affect the mission of the 

Service. 

(d) RENTAL RATES.—To the extent practicable, the Secretary shall 

establish rental rates for all quarters occupied by field employees 

of the Service that are based on the reasonable value of the quarters 

in accordance with requirements applicable under section 5911 

of title 5. 
H. R. 1068—34 

§ 101333. Criteria for providing housing 

The Secretary shall maintain criteria under which housing is 

provided to employees of the Service. The Secretary shall examine 

the criteria with respect to the circumstances under which the 

Service requires an employee to occupy Federal Government quarters, so as to provide necessary services or protect Federal Government property or because of a lack of availability of non-Federal 

housing in a geographic area. 

§ 101334. Authorization for housing agreements 

The Secretary may, pursuant to the authorities contained in 

this subchapter and subject to the appropriation of necessary funds 

in advance, enter into housing agreements with housing entities 

under which the housing entities may develop, construct, rehabilitate, or manage housing, located on or off public land, for rent 

to Service employees who meet the housing eligibility criteria developed by the Secretary pursuant to this subchapter. 

§ 101335. Housing programs 

(a) JOINT PUBLIC-PRIVATE SECTOR HOUSING PROGRAM.— (1) LEASE-TO-BUILD PROGRAM.—Subject to the appropriation 

of necessary funds in advance, the Secretary may lease— 

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

for the construction of field employee quarters for any 

period not to exceed 50 years; and 

(B) developed and undeveloped non-Federal land for providing field employee quarters. 

(2) COMPETITIVE LEASING.—Each lease under paragraph 

(1)(A) shall be awarded through the use of publicly advertised, 

competitively bid, or competitively negotiated contracting procedures. 

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

(1)(A)— 

(A) shall stipulate whether operation and maintenance 

of field employee quarters is to be provided by the lessee, 

field employees, or the Federal Government; 

(B) shall require that the construction and rehabilitation 

of field employee quarters be done in accordance with the 

requirements of the Service and local applicable building 

codes and industry standards; 

(C) shall contain additional terms and conditions as may 

be appropriate to protect the Federal interest, including 

limits on rents that the lessee may charge field employees 

for the occupancy of quarters, conditions on maintenance 

and repairs, and agreements on the provision of charges 

for utilities and other infrastructure; and 

(D) may be granted at less than fair market value if 

the Secretary determines that the lease will improve the 

quality and availability of field employee quarters. 

(4) CONTRIBUTIONS BY FEDERAL GOVERNMENT.—The Secretary 

may make payments, subject to appropriations, or contributions 

in kind, in advance or on a continuing basis, to reduce the 

costs of planning, construction, or rehabilitation of quarters 

on or off Federal land under a lease under this subsection. 

(b) RENTAL GUARANTEE PROGRAM.— 

(1) GENERAL AUTHORITY.—Subject to the appropriation of necessary funds in advance, the Secretary may enter into a lease- 
H. R. 1068—35 

to-build arrangement as set forth in subsection (a) with further 

agreement to guarantee the occupancy of field employee quarters constructed or rehabilitated under the lease. A guarantee 

made under this paragraph shall be in writing. 

(2) LIMITATIONS ON GUARANTEES.— 

(A) SPECIFIC GUARANTEES.—The Secretary may not guarantee— 

(i) the occupancy of more than 75 percent of the 

units constructed or rehabilitated under the lease; and 

(ii) at a rental rate that exceeds the rate based 

on the reasonable value of the housing in accordance 

with requirements applicable under section 5911 of 

title 5. 

(B) TOTAL OF OUTSTANDING GUARANTEES.—Outstanding 

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

(3) AGREEMENT TO RENT TO FEDERAL GOVERNMENT

EMPLOYEES.—A guarantee may be made under this subsection 

only if the lessee agrees to permit the Secretary to utilize 

for housing purposes any units for which the guarantee is 

made. 

(4) OPERATION AND MAINTENANCE.—A lease shall be void 

if the lessee fails to maintain a satisfactory level of operation 

and maintenance. 

§ 101336. Contracts for the management of field employee 

quarters 

Subject to the appropriation of necessary funds in advance, the 

Secretary may enter into contracts of any duration for the management, repair, and maintenance of field employee quarters. The 

contract shall contain terms and conditions that the Secretary considers necessary or appropriate to protect the interests of the United 

States and ensure that necessary quarters are available to field 

employees. 

§ 101337. Leasing of seasonal employee quarters 

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

or near a System unit for use as seasonal quarters for field 

employees if the Secretary finds that there is a shortage of adequate 

and affordable seasonal quarters at or near the System unit and 

that— 

(1) the requirement for the seasonal field employee quarters 

is temporary; or 

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

of new seasonal field employee quarters. 

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

shall be a rate based on the reasonable value of the quarters 

in accordance with requirements applicable under section 5911 

of title 5. 

(c) UNRECOVERED COSTS.—The Secretary may pay the unrecovered costs of leasing seasonal quarters under this section from 

annual appropriations for the year in which the lease is made. 

§ 101338. General leasing provisions 

(a) EXEMPTION FROM LEASING REQUIREMENTS.—Section 102901 

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

issued by the Secretary under this section. 
H. R. 1068—36 

(b) PROCEEDS FROM LEASES.—The proceeds from any lease under 

section 101335(a)(1) of this title and any lease under section 101337 

of this title shall be retained by the Service and deposited in 

the special fund established for maintenance and operation of quarters. 

§ 101339. Assessment and priority listing 

The Secretary shall— 

(1) complete a condition assessment for all field employee 

housing, including the physical condition of the housing and 

the necessity and suitability of the housing for carrying out 

the mission of the Service, using existing information; and 

(2) develop a Service-wide priority listing, by structure, identifying the units in greatest need for repair, rehabilitation, 

replacement, or initial construction. 

§ 101340. Use of funds 

(a) EXPENDITURE SHALL FOLLOW PRIORITY LISTING.—Expenditure 

of any funds authorized and appropriated for new construction, 

repair, or rehabilitation of housing under this chapter shall follow 

the housing priority listing established by the Secretary under 

section 101339 of this title, in sequential order, to the maximum 

extent practicable. 

(b) NONCONSTRUCTION FUNDS IN ANNUAL BUDGET SUBMITTAL.— Each fiscal year the President’s proposed budget to Congress shall 

include identification of nonconstruction funds to be spent for 

Service housing maintenance and operations that are in addition 

to rental receipts collected. 

Chapter 1015—Transportation 

Subchapter I—Airports 

Sec. 

101501. Airports in or near System units. 

Subchapter II—Roads and Trails 

101511. Authority of Secretary. 

101512. Conveyance to States of roads leading to certain historical areas. 

Subchapter III—Public Transportation Programs for System Units 

101521. Transportation service and facility programs. 

101522. Transportation projects. 

101523. Procedures applicable to transportation plans and projects. 

101524. Special rule for service contract to provide transportation services. 

Subchapter IV—Fees 

101531. Fee for use of transportation services. 

Subchapter I—Airports 

§ 101501. Airports in or near System units 

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

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

given the terms in section 47102 of title 49. 

(b) ACQUISITION, OPERATION, AND MAINTENANCE OF AIRPORTS.— 

(1) AUTHORIZATION.—The Secretary may plan, acquire, establish, construct, enlarge, improve, maintain, equip, operate, regulate, and protect airports in the continental United States in, 

or in close proximity to, System units, when the Secretary 

determines that the airports are necessary to the proper 

performance of the functions of the Department of the Interior. 
H. R. 1068—37 

(2) INCLUSION IN NATIONAL PLAN.—The Secretary shall not 

acquire, establish, or construct an airport under this section 

unless the airport is included in the national plan of integrated 

airport systems formulated by the Secretary of Transportation 

pursuant to section 47103 of title 49. 

(3) OPERATION AND MAINTENANCE MUST ACCORD WITH STANDARDS AND REGULATIONS OF SECRETARY OF TRANSPORTATION.— 

The operation and maintenance of airports under this section 

shall be in accordance with the standards and regulations prescribed by the Secretary of Transportation. 

(c) AUTHORITY OF SECRETARY.— (1) IN GENERAL.—To carry out this section, the Secretary 

may— 

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

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

and maintenance of airports and incidental facilities; 

(C) enter into agreements with other public agencies 

providing for the construction, operation, or maintenance 

of airports by those agencies or jointly by the Secretary 

and those agencies on mutually satisfactory terms; and 

(D) enter into other agreements and take other action 

with respect to the airports as may be necessary to carry 

out this section. 

(2) CONSENT REQUIRED.—This section does not authorize the 

Secretary to acquire any land, or interest in or over land, 

by purchase, condemnation, grant, or lease, without first 

obtaining the consent of the Governor of the State, and the 

consent of the chief executive official of the State political 

subdivision, in which the land is located. 

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

out this section, the Secretary may— 

(1) sponsor projects under subchapter I of chapter 471 of 

title 49 independently or jointly with other public agencies; 

and 

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

costs of those projects, any funds that may be— 

(A) contributed or otherwise made available to the Secretary for those purposes; or 

(B) appropriated or otherwise specifically authorized for 

that purpose. 

(e) JURISDICTION OVER AIRPORTS.—All airports under the jurisdiction of the Secretary, unless otherwise specifically provided by 

law, shall be operated as public airports, available for public use 

on fair and reasonable terms and without unjust discrimination. 

Subchapter II—Roads and Trails 

§ 101511. Authority of Secretary 

(a) ROADS AND TRAILS IN SYSTEM UNITS.—The Secretary may 

construct, reconstruct, and improve roads and trails, including 

bridges, in System units. 

(b) APPROACH ROADS.— 

(1) IN GENERAL.— (A) DESIGNATION.—When the Secretary determines it to 

be in the public interest, the Secretary may designate, 

as System unit approach roads, roads whose primary value 
H. R. 1068—38 

is to carry System unit travel and that lead across land 

at least 90 percent owned by the Federal Government 

and that will connect the highways within a System unit 

with a convenient point on or leading to the National 

Highway System. 

(B) LIMIT ON LENGTH OF APPROACH ROADS.— 

(i) IN GENERAL.—A designated approach road shall 

not exceed— 

(I) 60 miles in length between a System unit 

gateway and a point on or leading to the nearest 

convenient National Highway System road; or 

(II) 30 miles in length if the approach road is 

on the National Highway System. 

(ii) COUNTY LIMIT.—Not to exceed 40 miles of any 

one approach road shall be designated in any one 

county. 

(C) SUPPLEMENTARY PART OF SYSTEM UNIT HIGHWAY

SYSTEM.—An approach road designated for a System unit 

shall be treated as a supplementary part of the highway 

system of the System unit. 

(2) CONSTRUCTION, RECONSTRUCTION, AND IMPROVEMENT.— 

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

reconstruct, and improve approach roads designated under 

paragraph (1) (including bridges) and enter into agreements 

for the maintenance of the approach roads by State or 

county authorities or to maintain the approach roads when 

otherwise necessary. 

(B) ANNUAL ALLOCATION.—Not more than $1,500,000 

shall be allocated annually for the construction, reconstruction, and improvement of System unit approach roads. 

(3) APPROVAL OF SECRETARY OF AGRICULTURE REQUIRED.— When an approach road is proposed under this section across 

or within any national forest, the Secretary shall secure the 

approval of the Secretary of Agriculture before construction 

begins. 

(c) AGREEMENT WITH SECRETARY OF TRANSPORTATION.—Under 

agreement with the Secretary, the Secretary of Transportation may 

carry out any provision of this section. 

§ 101512. Conveyance to States of roads leading to certain 

historical areas 

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

Puerto Rico, Guam, and the Virgin Islands. 

(b) AUTHORITY OF SECRETARY.—The Secretary may, subject to 

conditions as seem proper to the Secretary, convey by proper quitclaim deed to any State, county, municipality, or agency of a State, 

county, or municipality in which the road is located, all right, 

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

Government owned or controlled road leading to any national cemetery, national military park, national historical park, national 

battlefield park, or national historic site administered by the 

Service. 

(c) NOTIFICATION BY STATE, AGENCY, OR MUNICIPALITY.—Prior 

to the delivery of any conveyance of a road under this section, 

the State, county, or municipality to which the conveyance is to 

be made shall notify the Secretary in writing of its willingness 

to accept and maintain the road. 
H. R. 1068—39 

(d) TRANSFER OF JURISDICTION.—On the execution and delivery 

of the conveyance of a road under this section, any jurisdiction 

previously ceded to the United States by a State over the road 

is retroceded and shall vest in the State in which the road is 

located. 

Subchapter III—Public Transportation 

Programs for System Units 

§ 101521. Transportation service and facility programs 

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

The Secretary may formulate transportation plans and implement 

transportation projects where feasible pursuant to those plans for 

System units. 

(b) CONTRACTS, OPERATIONS, AND ACQUISITIONS FOR IMPROVEMENT OF ACCESS TO SYSTEM UNITS.— 

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

the Secretary may— 

(A) contract with public or private agencies or carriers 

to provide transportation services, capital equipment, or 

facilities to improve access to System units; 

(B) operate those services directly in the absence of suitable and adequate agencies or carriers; 

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

equipment for those services; and 

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

by lease, purchase, donation, exchange, or transfer, land, 

water, or an interest in land or water that is situated 

outside the boundary of a System unit. 

(2) SPECIFIC PROVISIONS RELATED TO PROPERTY ACQUISITION.— 

(A) ADMINISTRATION.—The acquired property shall be 

administered as part of the System unit. 

(B) ACQUISTION OF LAND OR INTERESTS IN LAND OWNED

BY STATE OR POLITICAL SUBDIVISION.—Any land or interests 

in land owned by a State or any of its political subdivisions 

may be acquired only by donation. 

(C) ACQUISITION SUBJECT TO STATUTORY LIMITATIONS.— 

Any land acquisition shall be subject to any statutory 

limitations on methods of acquisition and appropriations 

as may be specifically applicable to the area. 

(c) ESTABLISHMENT OF INFORMATION PROGRAMS.—The Secretary 

shall establish information programs to inform the public of available System unit access opportunities and to promote the use of 

transportation modes other than personal motor vehicles for access 

to and travel within the System units. 

(d) UNDERTAKING TRANSPORTATION FACILITIES AND SERVICES.— 

Transportation facilities and services provided pursuant to this 

subchapter may be undertaken by the Secretary directly or by 

contract without regard to any requirement of Federal, State, or 

local law respecting determinations of public convenience and necessity or other similar matters. The Secretary or contractor shall 

consult with the appropriate State or local public service commission 

or other body having authority to issue certificates of convenience 
H. R. 1068—40 

and necessity. A contractor shall be subject to applicable requirements of that body unless the Secretary determines that the requirements would not be consistent with the purposes and provisions 

of this subchapter. 

(e) CONSTRUCTION OF GRANT OF AUTHORITY RESPECTING OPERATION OF MOTOR VEHICLES EXCEPTED FROM STATUTORY COVERAGE.—No grant of authority in this subchapter shall be deemed 

to expand the exemption of section 13506(a)(9) of title 49. 

§ 101522. Transportation projects 

(a) ASSISTANCE OF HEADS OF OTHER FEDERAL DEPARTMENTS AND

AGENCIES IN FORMULATION AND IMPLEMENTATION.—To carry out 

this subchapter, the Secretary of Transportation, the Secretary 

of Housing and Urban Development, the Secretary of Health and 

Human Services, the Secretary of Commerce, and the heads of 

other Federal departments or agencies that the Secretary considers 

necessary shall assist the Secretary in the formulation and 

implementation of transportation projects. 

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

shall maintain a compilation of Federal statutes and programs 

providing authority for the planning, funding, or operation of 

transportation projects that might be utilized by the Secretary 

to carry out this subchapter. 

§ 101523. Procedures applicable to transportation plans and 

projects 

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

the formulation of any transportation plan authorized pursuant 

to section 101521 of this title— 

(1) give public notice of intention to formulate the plan by 

publication in the Federal Register and in a newspaper or 

periodical having general circulation in the vicinity of the 

affected System unit; and 

(2) following the notice, hold a public meeting at a location 

convenient to the affected System unit. 

(b) PRIOR TO IMPLEMENTATION OF PROJECT.—Prior to the 

implementation of any project developed pursuant to the transportation plan formulated pursuant to subsection (a), the Secretary 

shall— 

(1) establish procedures, including public meetings, to give 

State and local governments and the public adequate notice 

and an opportunity to comment on the proposed transportation 

project; and 

(2) when the proposed project would involve an expenditure 

in excess of $100,000 in any fiscal year, submit a detailed 

report to the Committee on Energy and Natural Resources 

of the Senate and the Committee on Natural Resources of 

the House of Representatives. 

(c) WAITING PERIOD.—When a report on a project is required 

under subsection (b)(2), the Secretary may proceed with the 

implementation of the project only after 60 days (not counting 

days on which the Senate or House of Representatives has 

adjourned for more than 3 consecutive days) have elapsed following 

submission of the report. 
H. R. 1068—41 

§ 101524. Special rule for service contract to provide 

transportation services 

Notwithstanding any other provision of law, a service contract 

entered into by the Secretary for the provision solely of transportation services in a System unit shall be not more than 10 years 

in length, including a base period of 5 years and annual extensions 

for up to an additional 5 years based on satisfactory performance 

and approval by the Secretary. 

Subchapter IV—Fees 

§ 101531. Fee for use of transportation services 

Notwithstanding any other provision of law, where the Service 

or an entity under a service contract, cooperative agreement, or 

other contractual agreement with the Service provides transportation to all or a portion of any System unit, the Secretary may 

impose a reasonable and appropriate charge to the public for the 

use of the transportation services in addition to any admission 

fee required to be paid. Collection of the transportation and admission fees may occur at the transportation staging area or any 

other reasonably convenient location determined by the Secretary. 

The Secretary may enter into agreements, with public or private 

entities that qualify to the Secretary’s satisfaction, to collect the 

transportation and admission fee. Transportation fees collected 

pursuant to this section shall be retained by the System unit 

at which the transportation fee was collected, and the amount 

retained shall be expended only for costs associated with the 

transportation systems at the System unit where the charge was 

imposed. 

Chapter 1017—Financial Agreements 

Sec. 

101701. Challenge cost-share agreement authority. 

101702. Cooperative agreements. 

101703. Cooperative management agreements. 

101704. Reimbursable agreements. 

§ 101701. Challenge cost-share agreement authority 

(a) DEFINITIONS.—In this section: 

(1) CHALLENGE COST-SHARE AGREEMENT.—The term ‘‘challenge cost-share agreement’’ means any agreement entered into 

between the Secretary and any cooperator for the purpose of 

sharing costs or services in carrying out authorized functions 

and responsibilities of the Secretary with respect to any System 

unit or System program, any affiliated area, or any designated 

national scenic trail or national historic trail. 

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

or local government, public or private agency, organization, 

institution, corporation, individual, or other entity. 

(b) AUTHORITY TO ENTER INTO CHALLENGE COST-SHARE AGREEMENTS.—The Secretary may negotiate and enter into challenge 

cost-share agreements with cooperators. 

(c) SOURCE OF FEDERAL SHARE.—In carrying out challenge costshare agreements, the Secretary may provide the Federal funding 

share from any funds available to the Service. 
H. R. 1068—42 

§ 101702. Cooperative agreements 

(a) TRANSFER OF SERVICE APPROPRIATED FUNDS.—A cooperative 

agreement entered into by the Secretary that involves the transfer 

of Service appropriated funds to a State, local, or tribal government 

or other public entity, an educational institution, or a private nonprofit organization to carry out public purposes of a Service program 

is a cooperative agreement properly entered into under section 

6305 of title 31. 

(b) COOPERATIVE RESEARCH AND TRAINING PROGRAMS.— 

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

System, the Secretary, under such terms and conditions as 

the Secretary may consider advisable, may— 

(A) enter into cooperative agreements with public or private educational institutions, States, and political subdivisions of States to develop adequate, coordinated, cooperative research and training programs concerning the 

resources of the System; and 

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

available to the cooperator technical and support staff, 

financial assistance for mutually agreed upon research 

projects, supplies and equipment, facilities, and administrative services relating to cooperative research units that 

the Secretary considers appropriate. 

(2) EFFECT OF SUBSECTION.—This subsection does not waive 

any requirements for research projects that are subject to Federal procurement regulations. 

(c) SALE OF PRODUCTS AND SERVICES PRODUCED IN THE CONDUCT

OF LIVING EXHIBITS AND INTERPRETIVE DEMONSTRATIONS.—To facilitate the administration of the System, the Secretary, under such 

terms and conditions as the Secretary considers advisable, may— 

(1) sell at fair market value, without regard to the requirements of chapters 1 to 11 of title 40 and division C (except 

sections 3302, 3307(e), 3501(b), 3509, 3906, 4710, and 4711) 

of subtitle I of title 41, products and services produced in 

the conduct of living exhibits and interpretive demonstrations 

in System units; 

(2) enter into contracts, including cooperative arrangements, 

with respect to living exhibits and interpretive demonstrations 

in System units; and 

(3) credit the proceeds from those sales and contracts to 

the appropriation bearing the cost of the exhibits and demonstrations. 

(d) COOPERATIVE AGREEMENTS FOR SYSTEM UNIT NATURAL

RESOURCE PROTECTION.— 

(1) IN GENERAL.—The Secretary may enter into cooperative 

agreements with State, local, or tribal governments, other Federal agencies, other public entities, educational institutions, 

private nonprofit organizations, or participating private landowners for the purpose of protecting natural resources of 

System units through collaborative efforts on land inside and 

outside the System units. 

(2) TERMS AND CONDITIONS.—A cooperative agreement 

entered into under paragraph (1) shall provide clear and direct 

benefits to System unit natural resources and— 

(A) provide for— 
H. R. 1068—43 

(i) the preservation, conservation, and restoration 

of coastal and riparian systems, watersheds, and wetlands; 

(ii) preventing, controlling, or eradicating invasive 

exotic species that are within a System unit or adjacent 

to a System unit; or 

(iii) restoration of natural resources, including native 

wildlife habitat or ecosystems; 

(B) include a statement of purpose demonstrating how 

the agreement will— 

(i) enhance science-based natural resource stewardship at the System unit; and 

(ii) benefit the parties to the agreement; 

(C) specify any staff required and technical assistance 

to be provided by the Secretary or other parties to the 

agreement in support of activities inside and outside the 

System unit that will— 

(i) protect natural resources of the System unit; and 

(ii) benefit the parties to the agreement; 

(D) identify any materials, supplies, or equipment and 

any other resources that will be contributed by the parties 

to the agreement or by other Federal agencies; 

(E) describe any financial assistance to be provided by 

the Secretary or the partners to implement the agreement; 

(F) ensure that any expenditure by the Secretary pursuant to the agreement is determined by the Secretary to 

support the purposes of natural resource stewardship at 

a System unit; and 

(G) include such other terms and conditions as are agreed 

to by the Secretary and the other parties to the agreement. 

(3) LIMITATIONS.—The Secretary shall not use any funds associated with an agreement entered into under paragraph (1) 

for the purposes of land acquisition, regulatory activity, or 

the development, maintenance, or operation of infrastructure, 

except for ancillary support facilities that the Secretary determines to be necessary for the completion of projects or activities 

identified in the agreement. 

§ 101703. Cooperative management agreements 

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

the Secretary, under such terms and conditions as the Secretary 

considers advisable, may enter into an agreement with a State 

or local government agency to provide for the cooperative management of the Federal and State or local park areas where a System 

unit is located adjacent to or near a State or local park area, 

and cooperative management between the Service and a State or 

local government agency of a portion of either the System unit 

or State or local park will allow for more effective and efficient 

management of the System unit and State or local park. The 

Secretary may not transfer administration responsibilities for any 

System unit under this paragraph. 

(b) PROVISION OF GOODS AND SERVICES.—Under a cooperative 

management agreement, the Secretary may acquire from and provide to a State or local government agency goods and services 

to be used by the Secretary and the State or local governmental 

agency in the cooperative management of land. 
H. R. 1068—44 

(c) ASSIGNMENT OF EMPLOYEE.—An assignment arranged by the 

Secretary under section 3372 of title 5 of a Federal, State, or 

local employee for work on any Federal, State, or local land or 

an extension of the assignment may be for any period of time 

determined by the Secretary and the State or local agency to be 

mutually beneficial. 

§ 101704. Reimbursable agreements 

(a) IN GENERAL.—In carrying out work under reimbursable agreements with any State, local, or tribal government, the Secretary, 

without regard to any provision of law or a regulation— 

(1) may record obligations against accounts receivable from 

those governments; and 

(2) shall credit amounts received from those governments 

to the appropriate account. 

(b) WHEN AMOUNTS SHALL BE CREDITED.—Amounts shall be credited within 90 days of the date of the original request by the 

Service for payment. 

Chapter 1019—Concessions and 

Commercial Use Authorizations 

Subchapter I—Authority of Secretary 

Sec. 

101901. Utility services. 

Subchapter II—Commercial Visitor Services 

101911. Definitions. 

101912. Findings and declaration of policy. 

101913. Award of concession contracts. 

101914. Term of concession contracts. 

101915. Protection of concessioner investment. 

101916. Reasonableness of rates and charges. 

101917. Franchise fees. 

101918. Transfer or conveyance of concession contracts or leasehold surrender interests. 

101919. National Park Service Concessions Management Advisory Board. 

101920. Contracting for services. 

101921. Multiple contracts within a System unit. 

101922. Use of nonmonetary consideration in concession contracts. 

101923. Recordkeeping requirements. 

101924. Promotion of sale of Indian, Alaska Native, Native Samoan, and Native 

Hawaiian handicrafts. 

101925. Commercial use authorizations. 

101926. Regulations. 

Subchapter I—Authority of Secretary 

§ 101901. Utility services 

To facilitate the administration of the System, the Secretary, 

under such terms and conditions as the Secretary considers advisable, may furnish, on a reimbursement of appropriation basis, all 

types of utility services to concessioners, contractors, permittees, 

or other users of the services, within the System. The reimbursements for cost of the services may be credited to the appropriation 

current at the time reimbursements are received. 
H. R. 1068—45 

Subchapter II—Commercial Visitor 

Services 

§ 101911. Definitions 

In this subchapter: 

(1) ADVISORY BOARD.—The term ‘‘Advisory Board’’ means the 

National Park Service Concessions Management Advisory 

Board established under section 101919 of this title. 

(2) PREFERENTIAL RIGHT OF RENEWAL.—The term ‘‘preferential right of renewal’’ means the right of a concessioner, 

subject to a determination by the Secretary that the facilities 

or services authorized by a prior contract continue to be necessary and appropriate within the meaning of section 101912 

of this title, to match the terms and conditions of any competing 

proposal that the Secretary determines to be the best proposal 

for a proposed new concession contract that authorizes the 

continuation of the facilities and services provided by the 

concessioner under its prior contract. 

§ 101912. Findings and declaration of policy 

(a) FINDINGS.—In furtherance of section 100101(a), Congress finds 

that the preservation and conservation of System unit resources 

and values requires that public accommodations, facilities, and 

services that have to be provided within those System units should 

be provided only under carefully controlled safeguards against 

unregulated and indiscriminate use, so that— 

(1) visitation will not unduly impair those resources and 

values; and 

(2) development of public accommodations, facilities, and 

services within System units can best be limited to locations 

that are consistent to the highest practicable degree with the 

preservation and conservation of the resources and values of 

the System units. 

(b) DECLARATION OF POLICY.—It is the policy of Congress that 

the development of public accommodations, facilities, and services 

in System units shall be limited to accommodations, facilities, and 

services that— 

(1) are necessary and appropriate for public use and enjoyment of the System unit in which they are located; and 

(2) are consistent to the highest practicable degree with the 

preservation and conservation of the resources and values of 

the System unit. 

§ 101913. Award of concession contracts 

In furtherance of the findings and policy stated in section 101912 

of this title, and except as provided by this subchapter or otherwise 

authorized by law, the Secretary shall utilize concession contracts 

to authorize a person, corporation, or other entity to provide accommodations, facilities, and services to visitors to System units. 

Concession contracts shall be awarded as follows: 

(1) COMPETITIVE SELECTION PROCESS.—Except as otherwise 

provided in this section, all proposed concession contracts shall 

be awarded by the Secretary to the person, corporation, or 

other entity submitting the best proposal, as determined by 

the Secretary through a competitive selection process. The 

competitive process shall include simplified procedures for 
H. R. 1068—46 

small, individually-owned entities seeking award of a concession 

contract. 

(2) SOLICITATION OF PROPOSALS.—Except as otherwise provided in this section, prior to awarding a new concession contract (including renewals or extensions of existing concession 

contracts) the Secretary— 

(A) shall publicly solicit proposals for the concession contract; and 

(B) in connection with the solicitation, shall— 

(i) prepare a prospectus and publish notice of its 

availability at least once in local or national newspapers or trade publications, by electronic means, or 

both, as appropriate; and 

(ii) make the prospectus available on request to all 

interested persons. 

(3) INFORMATION TO BE INCLUDED IN PROSPECTUS.—The prospectus shall include the following information: 

(A) The minimum requirements for the contract as set 

forth in paragraph (4). 

(B) The terms and conditions of any existing concession 

contract relating to the services and facilities to be provided, including all fees and other forms of compensation 

provided to the United States by the concessioner. 

(C) Other authorized facilities or services that may be 

provided in a proposal. 

(D) Facilities and services to be provided by the Secretary 

to the concessioner, including public access, utilities, and 

buildings. 

(E) An estimate of the amount of compensation due an 

existing concessioner from a new concessioner under the 

terms of a prior concession contract. 

(F) A statement as to the weight to be given to each 

selection factor identified in the prospectus and the relative 

importance of those factors in the selection process. 

(G) Other information related to the proposed concession 

operation that is provided to the Secretary pursuant to 

a concession contract or is otherwise available to the Secretary, as the Secretary determines is necessary to allow 

for the submission of competitive proposals. 

(H) Where applicable, a description of a preferential right 

to the renewal of the proposed concession contract held 

by an existing concessioner as set forth in paragraph (7). 

(4) CONSIDERATION OF PROPOSALS.— 

(A) MINIMUM REQUIREMENTS.—No proposal shall be 

considered that fails to meet the minimum requirements 

as determined by the Secretary. The minimum requirements shall include the following: 

(i) The minimum acceptable franchise fee or other 

forms of consideration to the Federal Government. 

(ii) Any facilities, services, or capital investment 

required to be provided by the concessioner. 

(iii) Measures necessary to ensure the protection, 

conservation, and preservation of resources of the 

System unit. 

(B) REJECTION OF PROPOSAL.—The Secretary shall reject 

any proposal, regardless of the franchise fee offered, if 

the Secretary determines that— 
H. R. 1068—47 

(i) the person, corporation, or entity is not qualified 

or is not likely to provide satisfactory service; or 

(ii) the proposal is not responsive to the objectives 

of protecting and preserving resources of the System 

unit and of providing necessary and appropriate facilities and services to the public at reasonable rates. 

(C) ALL PROPOSALS FAIL TO MEET MIMIMUM REQUIREMENTS OR ARE REJECTED.—If all proposals submitted to 

the Secretary fail to meet the minimum requirements or 

are rejected by the Secretary, the Secretary shall establish 

new minimum contract requirements and re-initiate the 

competitive selection process pursuant to this section. 

(D) TERMS AND CONDITIONS MATERIALLY AMENDED OR

NOT INCORPORATED IN CONTRACT.—The Secretary may not 

execute a concession contract that materially amends or 

does not incorporate the proposed terms and conditions 

of the concession contract as set forth in the applicable 

prospectus. If proposed material amendments or changes 

are considered appropriate by the Secretary, the Secretary 

shall resolicit offers for the concession contract incorporating the material amendments or changes. 

(5) SELECTION OF THE BEST PROPOSAL.— 

(A) FACTORS IN SELECTION.—In selecting the best proposal, the Secretary shall consider the following principal 

factors: 

(i) The responsiveness of the proposal to the objectives of protecting, conserving, and preserving 

resources of the System unit and of providing necessary 

and appropriate facilities and services to the public 

at reasonable rates. 

(ii) The experience and related background of the 

person, corporation, or entity submitting the proposal, 

including the past performance and expertise of the 

person, corporation or entity in providing the same 

or similar facilities or services. 

(iii) The financial capability of the person, corporation, or entity submitting the proposal. 

(iv) The proposed franchise fee, except that consideration of revenue to the United States shall be subordinate to the objectives of protecting, conserving, and 

preserving resources of the System unit and of providing necessary and appropriate facilities to the public 

at reasonable rates. 

(B) SECONDARY FACTORS.—The Secretary may also consider such secondary factors as the Secretary considers 

appropriate. 

(C) DEVELOPMENT OF REGULATIONS.—In developing regulations to implement this subchapter, the Secretary shall 

consider the extent to which plans for employment of 

Indians (including Native Alaskans) and involvement of 

businesses owned by Indians, Indian tribes, or Native Alaskans in the operation of a concession contract should be 

identified as a factor in the selection of a best proposal 

under this section. 

(6) CONGRESSIONAL NOTIFICATION.— (A) IN GENERAL.—The Secretary shall submit any proposed concession contract with anticipated annual gross 
H. R. 1068—48 

receipts in excess of $5,000,000 or a duration of more 

than 10 years to the Committee on Natural Resources 

of the House of Representatives and the Committee on 

Energy and Natural Resources of the Senate. 

(B) WAITING PERIOD.—The Secretary shall not award any 

proposed concession contract to which subparagraph (A) 

applies until at least 60 days subsequent to the notification 

of both Committees. 

(7) PREFERENTIAL RIGHT OF RENEWAL.— 

(A) IN GENERAL.—Except as provided in subparagraph 

(B), the Secretary shall not grant a concessioner a preferential right to renew a concession contract, or any other 

form of preference to a concession contract. 

(B) EXCEPTION.—The Secretary shall grant a preferential 

right of renewal to an existing concessioner with respect 

to proposed renewals of the categories of concession contracts described by paragraph (8), subject to the requirements of that paragraph. 

(C) ENTITLEMENT TO AWARD OF NEW CONTRACT.—A 

concessioner that successfully exercises a preferential right 

of renewal in accordance with the requirements of this 

subchapter shall be entitled to award of the proposed new 

concession contract to which the preference applies. 

(8) OUTFITTER AND GUIDE SERVICES AND SMALL CONTRACTS.— 

(A) APPLICATION.—Paragraph (7) shall apply only to the 

following: 

(i) Subject to subparagraph (B), concession contracts 

that solely authorize the provision of specialized 

backcountry outdoor recreation guide services that 

require the employment of specially trained and experienced guides to accompany System unit visitors in 

the backcountry so as to provide a safe and enjoyable 

experience for visitors who otherwise may not have 

the skills and equipment to engage in that activity. 

(ii) Subject to subparagraph (C), concession contracts with anticipated annual gross receipts under $500,000. 

(B) OUTFITTING AND GUIDE CONCESSIONERS.— (i) DESCRIPTION.—Outfitting and guide concessioners, where otherwise qualified, include concessioners that provide guided river running, hunting, 

fishing, horseback, camping, and mountaineering 

experiences. 

(ii) WHEN ENTITLED TO PREFERENTIAL RIGHT.—An 

outfitting and guide concessioner is entitled to a preferential right of renewal under this subchapter only 

if— 

(I) the contract with the outfitting and guide 

concessioner does not grant the concessioner any 

interest, including any leasehold surrender 

interest or possessory interest, in capital improvements on land owned by the United States within 

a System unit, other than a capital improvement 

constructed by a concessioner pursuant to the 

terms of a concession contract prior to November 

13, 1998, or constructed or owned by a concessioner 

or the concessioner’s predecessor before the subject 

land was incorporated into the System; 
H. R. 1068—49 

(II) the Secretary determines that the concessioner has operated satisfactorily during the term 

of the contract (including any extension); and 

(III) the concessioner has submitted a responsive 

proposal for a proposed new concession contract 

that satisfies the minimum requirements established by the Secretary pursuant to paragraph (4). 

(C) CONTRACT WITH ESTIMATED GROSS RECEIPTS OF LESS

THAN $500,000.—A concessioner that holds a concession contract that the Secretary estimates will result in gross 

annual receipts of less than $500,000 if renewed shall 

be entitled to a preferential right of renewal under this 

subchapter if— 

(i) the Secretary has determined that the concessioner has operated satisfactorily during the term of 

the contract (including any extension); and 

(ii) the concessioner has submitted a responsive proposal for a proposed new concession contract that satisfies the minimum requirements established by the Secretary pursuant to paragraph (4). 

(9) NEW OR ADDITIONAL SERVICES.—The Secretary shall not 

grant a preferential right to a concessioner to provide new 

or additional services in a System unit. 

(10) AUTHORITY OF SECRETARY NOT LIMITED.—Nothing in this 

subchapter shall be construed as limiting the authority of the 

Secretary to determine whether to issue a concession contract 

or to establish its terms and conditions in furtherance of the 

policies expressed in this subchapter. 

(11) EXCEPTIONS.—Notwithstanding this section, the Secretary may award, without public solicitation, the following: 

(A) TEMPORARY CONTRACT.—To avoid interruption of 

services to the public at a System unit, the Secretary 

may award a temporary concession contract or an extension 

of an existing concessions contract for a term not to exceed 

3 years, except that prior to making the award, the Secretary shall take all reasonable and appropriate steps to 

consider alternatives to avoid the interruption. 

(B) CONTRACT IN EXTRAORDINARY CIRCUMSTANCES.—The 

Secretary may award a concession contract in extraordinary 

circumstances where compelling and equitable considerations require the award of a concession contract to a 

particular party in the public interest. Award of a concession contract under this subparagraph shall not be made 

by the Secretary until at least 30 days after— 

(i) publication in the Federal Register of notice of 

the Secretary’s intention to award the contract and 

the reasons for the action; and 

(ii) submission of notice to the Committee on Energy 

and Natural Resources of the Senate and the Committee on Natural Resources of the House of Representatives. 

§ 101914. Term of concession contracts 

A concession contract entered into pursuant to this subchapter 

shall generally be awarded for a term of 10 years or less. The 

Secretary may award a contract for a term of up to 20 years 

if the Secretary determines that the contract terms and conditions, 
H. R. 1068—50 

including the required construction of capital improvements, warrant a longer term. 

§ 101915. Protection of concessioner investment 

(a) DEFINITIONS.—In this section: 

(1) CAPITAL IMPROVEMENT.—The term ‘‘capital improvement’’ 

means a structure, a fixture, or nonremovable equipment provided by a concessioner pursuant to the terms of a concession 

contract and located on land of the United States within a 

System unit. 

(2) CONSUMER PRICE INDEX.—The term ‘‘Consumer Price 

Index’’ means— 

(A) the ‘‘Consumer Price Index—All Urban Consumers’’ 

published by the Bureau of Labor Statistics of the Department of Labor; or 

(B) if the Index is not published, another regularly published cost-of-living index approximating the Consumer 

Price Index. 

(b) LEASEHOLD SURRENDER INTEREST IN CAPITAL IMPROVE- MENTS.—A concessioner that constructs a capital improvement on 

land owned by the United States within a System unit pursuant 

to a concession contract shall have a leasehold surrender interest 

in the capital improvement subject to the following terms and 

conditions: 

(1) IN GENERAL.—A concessioner shall have a leasehold surrender interest in each capital improvement constructed by 

a concessioner under a concession contract, consisting solely 

of a right to compensation for the capital improvement to 

the extent of the value of the concessioner’s leasehold surrender 

interest in the capital improvement. 

(2) PLEDGE AS SECURITY.—A leasehold surrender interest may 

be pledged as security for financing of a capital improvement 

or the acquisition of a concession contract when approved by 

the Secretary pursuant to this subchapter. 

(3) TRANSFER AND RELINQUISHMENT OR WAIVER OF

INTEREST.—A leasehold surrender interest shall be transferred 

by the concessioner in connection with any transfer of the 

concession contract and may be relinquished or waived by the 

concessioner. 

(4) LIMIT ON EXTINGUISHING OR TAKING INTEREST.—A leasehold surrender interest shall not be extinguished by the expiration or other termination of a concession contract and may 

not be taken for public use except on payment of just compensation. 

(5) VALUE OF INTEREST.—The value of a leasehold surrender 

interest in a capital improvement shall be an amount equal 

to the initial value (construction cost of the capital improvement), increased (or decreased) by the same percentage increase 

(or decrease) as the percentage increase (or decrease) in the 

Consumer Price Index, from the date of making the investment 

in the capital improvement by the concessioner to the date 

of payment of the value of the leasehold surrender interest, 

less depreciation of the capital improvement as evidenced by 

the condition and prospective serviceability in comparison with 

a new unit of like kind. 

(6) VALUE OF INTEREST IN CERTAIN NEW CONCESSION CON- TRACTS.— 
H. R. 1068—51 

(A) HOW VALUE IS DETERMINED.—The Secretary may provide, in any new concession contract that the Secretary 

estimates will have a leasehold surrender interest of more 

than $10,000,000, that the value of any leasehold surrender 

interest in a capital improvement shall be based on— 

(i) a reduction on an annual basis, in equal portions, 

over the same number of years as the time period 

associated with the straight line depreciation of the 

initial value (construction cost of the capital improvement), as provided by applicable Federal income tax 

laws and regulations in effect on November 12, 1998; 

or 

(ii) an alternative formula that is consistent with 

the objectives of this subchapter. 

(B) WHEN ALTERNATIVE FORMULA MAY BE USED.—The 

Secretary may use an alternative formula under subparagraph (A)(ii) only if the Secretary determines, after scrutiny 

of the financial and other circumstances involved in the 

particular concession contract (including providing notice 

in the Federal Register and opportunity for comment), that 

the alternative formula is, compared to the standard 

method of determining value provided for in paragraph 

(5), necessary to provide a fair return to the Federal 

Government and to foster competition for the new contract 

by providing a reasonable opportunity to make a profit 

under the new contract. If no responsive offers are received 

in response to a solicitation that includes the alternative 

formula, the concession opportunity shall be resolicited 

with the leasehold surrender interest value as described 

in paragraph (5). 

(7) INCREASE IN VALUE OF INTEREST.—Where a concessioner, 

pursuant to the terms of a concession contract, makes a capital 

improvement to an existing capital improvement in which the 

concessioner has a leasehold surrender interest, the cost of 

the additional capital improvement shall be added to the thencurrent value of the concessioner’s leasehold surrender interest. 

(c) SPECIAL RULE FOR POSSESSORY INTEREST EXISTING BEFORE

NOVEMBER 13, 1998.— 

(1) IN GENERAL.—A concessioner that has obtained a 

possessory interest (as defined pursuant to the Act of October 

9, 1965 (known as the National Park Service Concessions Policy 

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

12, 1998) under the terms of a concession contract entered 

into before November 13, 1998, shall, on the expiration or 

termination of the concession contract, be entitled to receive 

compensation for the possessory interest improvements in the 

amount and manner as described by the concession contract. 

Where that possessory interest is not described in the existing 

concession contract, compensation of possessory interest shall 

be determined in accordance with the laws in effect on 

November 12, 1998. 

(2) EXISTING CONCESSIONER AWARDED A NEW CONTRACT.— A concessioner awarded a new concession contract to replace 

an existing concession contract after November 13, 1998, 

instead of directly receiving the possessory interest compensation, shall have a leasehold surrender interest in its existing 

possessory interest improvements under the terms of the new 
H. R. 1068—52 

concession contract and shall carry over as the initial value 

of the leasehold surrender interest (instead of construction cost) 

an amount equal to the value of the existing possessory interest 

as of the termination date of the previous concession contract. 

In the event of a dispute between the concessioner and the 

Secretary as to the value of the possessory interest, the matter 

shall be resolved through binding arbitration. 

(3) NEW CONCESSIONER AWARDED A CONTRACT.—A new 

concessioner awarded a concession contract and required to 

pay a prior concessioner for possessory interest in prior 

improvements shall have a leasehold surrender interest in the 

prior improvements. The initial value in the leasehold surrender interest (instead of construction cost) shall be an amount 

equal to the value of the existing possessory interest as of 

the termination date of the previous concession contract. 

(4) DE NOVO REVIEW OF VALUE DETERMINATION.—If the Secretary, or either party to a value determination proceeding 

conducted under a Service concession contract issued before 

November 13, 1998, considers that the value determination 

decision issued pursuant to the proceeding misinterprets or 

misapplies relevant contractual requirements or their underlying legal authority, the Secretary or either party may seek, 

within 180 days after the date of the decision, de novo review 

of the value determination decision by the United States Court 

of Federal Claims. The Court of Federal Claims may make 

an order affirming, vacating, modifying or correcting the determination decision. 

(d) TRANSITION TO SUCCESSOR CONCESSIONER.—On expiration or 

termination of a concession contract entered into after November 

13, 1998, a concessioner shall be entitled under the terms of the 

concession contract to receive from the United States or a successor 

concessioner the value of any leasehold surrender interest in a 

capital improvement as of the date of the expiration or termination. 

A successor concessioner shall have a leasehold surrender interest 

in the capital improvement under the terms of a new concession 

contract and the initial value of the leasehold surrender interest 

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

the amount of money the new concessioner is required to pay 

the prior concessioner for its leasehold surrender interest under 

the terms of the prior concession contract. 

(e) TITLE TO IMPROVEMENTS.—Title to any capital improvement 

constructed by a concessioner on land owned by the United States 

in a System unit shall be vested in the United States. 

§ 101916. Reasonableness of rates and charges 

(a) IN GENERAL.—A concession contract shall permit the concessioner to set reasonable and appropriate rates and charges for 

facilities, goods, and services provided to the public, subject to 

approval under subsection (b). 

(b) APPROVAL BY SECRETARY REQUIRED.— 

(1) FACTORS TO CONSIDER.—A concessioner’s rates and 

charges to the public shall be subject to approval by the Secretary. The approval process utilized by the Secretary shall 

be as prompt and as unburdensome to the concessioner as 

possible and shall rely on market forces to establish reasonableness of rates and charges to the maximum extent practicable. 
H. R. 1068—53 

The Secretary shall approve rates and charges that the Secretary determines to be reasonable and appropriate. Unless 

otherwise provided in the concession contract, the reasonableness and appropriateness of rates and charges shall be determined primarily by comparison with those rates and charges 

for facilities, goods, and services of comparable character under 

similar conditions, with due consideration to the following factors and other factors deemed relevant by the Secretary: 

(A) Length of season. 

(B) Peakloads. 

(C) Average percentage of occupancy. 

(D) Accessibility. 

(E) Availability and costs of labor and materials. 

(F) Type of patronage. 

(2) RATES AND CHARGES NOT TO EXCEED MARKET RATES AND

CHARGES.—Rates and charges may not exceed the market rates 

and charges for comparable facilities, goods, and services, after 

taking into account the factors referred to in paragraph (1). 

(c) IMPLEMENTATION OF RECOMMENDATIONS.—Not later than 6 

months after receiving recommendations from the Advisory Board 

regarding concessioner rates and charges to the public, the Secretary shall implement the recommendations or report to Congress 

the reasons for not implementing the recommendations. 

§ 101917. Franchise fees 

(a) IN GENERAL.—A concession contract shall provide for payment 

to the Federal Government of a franchise fee or other monetary 

consideration as determined by the Secretary, on consideration 

of the probable value to the concessioner of the privileges granted 

by the particular contract involved. Probable value shall be based 

on a reasonable opportunity for net profit in relation to capital 

invested and the obligations of the concession contract. Consideration of revenue to the United States shall be subordinate to the 

objectives of protecting and preserving System units and of providing necessary and appropriate services for visitors at reasonable 

rates. 

(b) PROVISIONS TO BE SPECIFIED IN CONTRACT.—The amount 

of the franchise fee or other monetary consideration paid to the 

United States for the term of the concession contract shall be 

specified in the concession contract and may be modified only to 

reflect extraordinary unanticipated changes from the conditions 

anticipated as of the effective date of the concession contract. The 

Secretary shall include in concession contracts with a term of more 

than 5 years a provision that allows reconsideration of the franchise 

fee at the request of the Secretary or the concessioner in the 

event of extraordinary unanticipated changes. The provision shall 

provide for binding arbitration in the event that the Secretary 

and the concessioner are unable to agree on an adjustment to 

the franchise fee in those circumstances. 

(c) SPECIAL ACCOUNT IN TREASURY.— 

(1) DEPOSIT AND AVAILABILITY.—All franchise fees (and other 

monetary consideration) paid to the United States pursuant 

to concession contracts shall be deposited in a special account 

established in the Treasury. Twenty percent of the funds deposited in the special account shall be available for expenditure 

by the Secretary, without further appropriation, to support 

activities throughout the System regardless of the System unit 
H. R. 1068—54 

in which the funds were collected. The funds deposited in 

the special account shall remain available until expended. 

(2) SUBACCOUNT FOR EACH SYSTEM UNIT.—There shall be 

established within the special account a subaccount for each 

System unit. Each subaccount shall be credited with 80 percent 

of the franchise fees (and other monetary consideration) collected at a single System unit under concession contracts. The 

funds credited to the subaccount for a System unit shall be 

available for expenditure by the Secretary, without further 

appropriation, for use at the System unit for visitor services 

and for purposes of funding high-priority and urgently necessary resource management programs and operations. The 

funds credited to a subaccount shall remain available until 

expended. 

§ 101918. Transfer or conveyance of concession contracts or 

leasehold surrender interests 

(a) APPROVAL OF SECRETARY.—No concession contract or leasehold 

surrender interest may be transferred, assigned, sold, or otherwise 

conveyed or pledged by a concessioner without prior written notification to, and approval by, the Secretary. 

(b) CONDITIONS.—The Secretary shall approve a transfer or 

conveyance described in subsection (a) unless the Secretary finds 

that— 

(1) the individual, corporation, or other entity seeking to 

acquire a concession contract is not qualified or able to satisfy 

the terms and conditions of the concession contract; 

(2) the transfer or conveyance would have an adverse impact 

on— 

(A) the protection, conservation, or preservation of the 

resources of the System unit; or 

(B) the provision of necessary and appropriate facilities 

and services to visitors at reasonable rates and charges; 

and 

(3) the terms of the transfer or conveyance are likely, directly 

or indirectly, to— 

(A) reduce the concessioner’s opportunity for a reasonable 

profit over the remaining term of the concession contract; 

(B) adversely affect the quality of facilities and services 

provided by the concessioner; or 

(C) result in a need for increased rates and charges 

to the public to maintain the quality of the facilities and 

services. 

(c) MODIFICATION OR RENEGOTIATION OF TERMS.—The terms and 

conditions of any concession contract under this section shall not 

be subject to modification or open to renegotiation by the Secretary 

because of a transfer or conveyance described in subsection (a) 

unless the transfer or conveyance would have an adverse impact 

as described in subsection (b)(2). 

§ 101919. National Park Service Concessions Management 

Advisory Board 

(a) ESTABLISHMENT AND PURPOSE.—There is a National Park 

Service Concessions Management Advisory Board whose purpose 

shall be to advise the Secretary and Service on matters relating 

to management of concessions in the System. 

(b) DUTIES.— 
H. R. 1068—55 

(1) ADVICE.—The Advisory Board shall advise on each of 

the following: 

(A) Policies and procedures intended to ensure that services and facilities provided by concessioners— 

(i) are necessary and appropriate; 

(ii) meet acceptable standards at reasonable rates 

with a minimum of impact on System unit resources 

and values; and 

(iii) provide the concessioners with a reasonable 

opportunity to make a profit. 

(B) Ways to make Service concession programs and procedures more cost effective, more process efficient, less 

burdensome, and timelier. 

(2) RECOMMENDATIONS.—The Advisory Board shall make recommendations to the Secretary regarding each of the following: 

(A) The Service contracting with the private sector to 

conduct appropriate elements of concession management. 

(B) Ways to make the review or approval of concessioner 

rates and charges to the public more efficient, less burdensome, and timelier. 

(C) The nature and scope of products that qualify as 

Indian, Alaska Native, and Native Hawaiian handicrafts 

within the meaning of this subchapter. 

(D) The allocation of concession fees. 

(3) ANNUAL REPORT.—The Advisory Board shall provide an 

annual report on its activities to the Committee on Natural 

Resources of the House of Representatives and the Committee 

on Energy and Natural Resources of the Senate. 

(c) ADVISORY BOARD MEMBERSHIP.—Members of the Advisory 

Board shall be appointed on a staggered basis by the Secretary 

for a term not to exceed 4 years and shall serve at the pleasure 

of the Secretary. The Advisory Board shall be comprised of not 

more than 7 individuals appointed from among citizens of the 

United States not in the employment of the Federal Government 

and not in the employment of or having an interest in a Service 

concession. Of the 7 members of the Advisory Board— 

(1) one member shall be privately employed in the hospitality 

industry and have both broad knowledge of hotel or food service 

management and experience in the parks and recreation concession business; 

(2) one member shall be privately employed in the tourism 

industry; 

(3) one member shall be privately employed in the accounting 

industry; 

(4) one member shall be privately employed in the outfitting 

and guide industry; 

(5) one member shall be a State government employee with 

expertise in park concession management; 

(6) one member shall be active in promotion of traditional 

arts and crafts; and 

(7) one member shall be active in a nonprofit conservation 

organization involved in parks and recreation programs. 

(d) SERVICE ON ADVISORY BOARD.—Service of an individual as 

a member of the Advisory Board shall not be deemed to be service 

or employment bringing the individual within the provisions of 

any Federal law relating to conflicts of interest or otherwise 

imposing restrictions, requirements, or penalties in relation to the 
H. R. 1068—56 

employment of individuals, the performance of services, or the payment or receipt of compensation in connection with claims, proceedings, or matters involving the United States. Service as a 

member of the Advisory Board shall not be deemed service in 

an appointive or elective position in the Federal Government for 

purposes of section 8344 of title 5 or other comparable provisions 

of Federal law. 

(e) TERMINATION.—The Advisory Board shall continue to exist 

until December 31, 2009. In all other respects, it shall be subject 

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

§ 101920. Contracting for services 

(a) CONTRACTING AUTHORIZED.— 

(1) MANAGEMENT ELEMENTS FOR WHICH CONTRACT REQUIRED

TO MAXIMUM EXTENT PRACTICABLE.—To the maximum extent 

practicable, the Secretary shall contract with private entities 

to conduct or assist in elements of the management of the 

Service concession program considered by the Secretary to be 

suitable for non-Federal performance. Those management elements shall include each of the following: 

(A) Health and safety inspections. 

(B) Quality control of concession operations and facilities. 

(C) Strategic capital planning for concession facilities. 

(D) Analysis of rates and charges to the public. 

(2) MANAGEMENT ELEMENTS FOR WHICH CONTRACT

ALLOWED.—The Secretary may also contract with private entities to assist the Secretary with each of the following: 

(A) Preparation of the financial aspects of prospectuses 

for Service concession contracts. 

(B) Development of guidelines for a System capital 

improvement and maintenance program for all concession 

occupied facilities. 

(C) Making recommendations to the Director regarding 

the conduct of annual audits of concession fee expenditures. 

(b) OTHER MANAGEMENT ELEMENTS.—The Secretary shall consider, taking into account the recommendations of the Advisory 

Board, contracting out other elements of the concessions management program, as appropriate. 

(c) AUTHORITY OF SECRETARY NOT DIMINISHED.—Nothing in this 

section shall diminish the governmental responsibilities and 

authority of the Secretary to administer concession contracts and 

activities pursuant to this subchapter and section 100101(a), 

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

of this title. The Secretary reserves the right to make the final 

decision or contract approval on contracting services dealing with 

the management of the Service concessions program under this 

section. 

§ 101921. Multiple contracts within a System unit 

If multiple concession contracts are awarded to authorize concessioners to provide the same or similar outfitting, guiding, river 

running, or other similar services at the same approximate location 

or resource within a System unit, the Secretary shall establish 

a comparable franchise fee structure for those contracts or similar 

contracts, except that the terms and conditions of any existing 

concession contract shall not be subject to modification or open 
H. R. 1068—57 

to renegotiation by the Secretary because of an award of a new 

contract at the same approximate location or resource. 

§ 101922. Use of nonmonetary consideration in concession 

contracts 

Section 1302 of title 40 shall not apply to concession contracts 

awarded by the Secretary pursuant to this subchapter. 

§ 101923. Recordkeeping requirements 

(a) IN GENERAL.—A concessioner and any subconcessioner shall 

keep such records as the Secretary may prescribe to enable the 

Secretary to determine that all terms of a concession contract 

have been and are being faithfully performed. The Secretary and 

any authorized representative of the Secretary shall, for the purpose 

of audit and examination, have access to those records and to 

other records of the concessioner or subconcessioner pertinent to 

the concession contract and all terms and conditions of the concession contract. 

(b) ACCESS TO RECORDS BY COMPTROLLER GENERAL.—The Comptroller General and any authorized representative of the Comptroller General shall, until the expiration of 5 calendar years after 

the close of the business year of each concessioner or subconcessioner, have access to and the right to examine any pertinent 

records described in subsection (a) of the concessioner or subconcessioner related to the contract involved. 

§ 101924. Promotion of sale of Indian, Alaska Native, Native 

Samoan, and Native Hawaiian handicrafts 

(a) IN GENERAL.—Promoting the sale of authentic United States 

Indian, Alaskan Native, Native Samoan, and Native Hawaiian 

handicrafts relating to the cultural, historical, and geographic 

characteristics of System units is encouraged, and the Secretary 

shall ensure that there is a continuing effort to enhance the handicraft trade where it exists and establish the trade in appropriate 

areas where the trade does not exist. 

(b) EXEMPTION FROM FRANCHISE FEE.—In furtherance of the purposes of subsection (a), the revenue derived from the sale of United 

States Indian, Alaska Native, Native Samoan, and Native Hawaiian 

handicrafts shall be exempt from any franchise fee payments under 

this subchapter. 

§ 101925. Commercial use authorizations 

(a) IN GENERAL.—To the extent specified in this section, the 

Secretary, on request, may authorize a private person, corporation, 

or other entity to provide services to visitors to System units 

through a commercial use authorization. A commercial use 

authorization shall not be considered to be a concession contract 

under this subchapter and no other section of this subchapter 

shall be applicable to a commercial use authorization except where 

expressly stated. 

(b) CRITERIA FOR ISSUANCE OF COMMERCIAL USE AUTHORIZATIONS.— 

(1) REQUIRED DETERMINATIONS.—The authority of this section 

may be used only to authorize provision of services that the 

Secretary determines— 

(A) will have minimal impact on resources and values 

of a System unit; and 
H. R. 1068—58 

(B) are consistent with the purpose for which the System 

unit was established and with all applicable management 

plans and Service policies and regulations. 

(2) ELEMENTS OF COMMERCIAL USE AUTHORIZATION.—The Secretary shall— 

(A) require payment of a reasonable fee for issuance 

of a commercial use authorization, the fees to remain available without further appropriation to be used, at a minimum, to recover associated management and administrative costs; 

(B) require that the provision of services under a commercial use authorization be accomplished in a manner consistent to the highest practicable degree with the preservation and conservation of System unit resources and values; 

(C) take appropriate steps to limit the liability of the 

United States arising from the provision of services under 

a commercial use authorization; 

(D) have no authority under this section to issue more 

commercial use authorizations than are consistent with 

the preservation and proper management of System unit 

resources and values; and 

(E) shall establish other conditions for issuance of a 

commercial use authorization that the Secretary determines to be appropriate for the protection of visitors, provision of adequate and appropriate visitor services, and 

protection and proper management of System unit 

resources and values. 

(c) LIMITATIONS.—Any commercial use authorization shall be limited to— 

(1) commercial operations with annual gross receipts of not more than $25,000 resulting from services originating and provided solely within a System unit pursuant to the commercial 

use authorization; 

(2) the incidental use of resources of the System unit by 

commercial operations that provide services originating and 

terminating outside the boundaries of the System unit; or 

(3)(A) uses by organized children’s camps, outdoor clubs, and 

nonprofit institutions (including back country use); and 

(B) other uses, as the Secretary determines to be appropriate. 

(d) NONPROFIT INSTITUTIONS.—Nonprofit institutions are not 

required to obtain commercial use authorizations unless taxable 

income is derived by the institution from the authorized use. 

(e) PROHIBITION ON CONSTRUCTION.—A commercial use authorization shall not provide for the construction of any structure, fixture, 

or improvement on federally-owned land within the boundaries 

of a System unit. 

(f) DURATION.—The term of any commercial use authorization 

shall not exceed 2 years. No preferential right of renewal or similar 

provisions for renewal shall be granted by the Secretary. 

(g) OTHER CONTRACTS.—A person, corporation, or other entity 

seeking or obtaining a commercial use authorization shall not be 

precluded from submitting a proposal for concession contracts. 

§ 101926. Regulations 

(a) IN GENERAL.—The Secretary shall prescribe regulations appropriate for the implementation of this subchapter. 

(b) CONTENTS.—The regulations— 
H. R. 1068—59 

(1) shall include appropriate provisions to ensure that concession services and facilities to be provided in a System unit 

are not segmented or otherwise split into separate concession 

contracts for the purposes of seeking to reduce anticipated 

annual gross receipts of a concession contract below $500,000; 

and 

(2) shall further define the term ‘‘United States Indian, 

Alaskan Native, and Native Hawaiian handicrafts’’ for the purposes of this subchapter. 

Chapter 1021—Privileges and Leases 

Sec. 

102101. General provisions. 

102102. Authority of Secretary to enter into lease for buildings and associated 

property. 

§ 102101. General provisions 

(a) LIMITATION.— 

(1) NO LEASE OR GRANT OF A PRIVILEGE THAT INTERFERES

WITH FREE ACCESS.—No natural curiosity, wonder, or object 

of interest shall be leased or granted to anyone on such terms 

as to interfere with free access by the public to any System 

unit. 

(2) EXCEPTION FOR GRAZING LIVESTOCK.—The Secretary, 

under such regulations and on such terms as the Secretary 

may prescribe, may grant the privilege to graze livestock within 

a System unit when, in the Secretary’s judgment, the use 

is not detrimental to the primary purpose for which the System 

unit was created. This paragraph does not apply to Yellowstone 

National Park. 

(b) ADVERTISING AND COMPETITIVE BIDS NOT REQUIRED.—The 

Secretary may grant privileges and enter into leases described 

in subsection (a), and enter into related contracts with responsible 

persons, firms, or corporations, without advertising and without 

securing competitive bids. 

(c) ASSIGNMENT OR TRANSFER.—No contract, lease, or privilege 

described in subsection (a) or (b) that is entered into or granted 

shall be assigned or transferred by the grantee, lessee, or licensee 

without the prior written approval of the Secretary. 

§ 102102. Authority of Secretary to enter into lease for 

buildings and associated property 

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

the Secretary, under such terms and conditions as the Secretary 

may consider advisable, and except as provided in subsection (b) 

and subject to subsection (c), may enter into a lease with any 

person or government entity for the use of buildings and associated 

property administered by the Secretary as part of the System. 

(b) PROHIBITED ACTIVITIES.—The Secretary may not use a lease 

under subsection (a) to authorize the lessee to engage in activities 

that are subject to authorization by the Secretary through a concession contract, commercial use authorization, or similar instrument. 

(c) USE.—Buildings and associated property leased under subsection (a)— 
H. R. 1068—60 

(1) shall be used for an activity that is consistent with the 

purposes established by law for the System unit in which 

the building is located; 

(2) shall not result in degradation of the purposes and values 

of the System unit; and 

(3) shall be compatible with Service programs. 

(d) RENTAL AMOUNTS.— 

(1) IN GENERAL.—With respect to a lease under subsection 

(a)— 

(A) payment of fair market value rental shall be required; 

and 

(B) section 1302 of title 40 shall not apply. 

(2) ADJUSTMENT.—The Secretary may adjust the rental 

amount as appropriate to take into account any amounts to 

be expended by the lessee for preservation, maintenance, restoration, improvement, or repair and related expenses. 

(e) SPECIAL ACCOUNT.— 

(1) DEPOSITS.—Rental payments under a lease under subsection (a) shall be deposited in a special account in the 

Treasury. 

(2) AVAILABILITY.—Amounts in the special account shall be 

available until expended, without further appropriation, for 

infrastructure needs at System units, including— 

(A) facility refurbishment; 

(B) repair and replacement; 

(C) infrastructure projects associated with System unit 

resource protection; and 

(D) direct maintenance of the leased buildings and associated property. 

(3) ACCOUNTABILITY AND RESULTS.—The Secretary shall 

develop procedures for the use of the special account that 

ensure accountability and demonstrated results consistent with 

this section and sections 100101(b), 100502, 100507, 100751(b), 

100754, 100901(b) and (c), 100906(a) and (d), 101302(b)(1) and 

(c) to (e), 101306, 101702(b) and (c), 101901, 102701, and 102702 

of this title. 

(f) REGULATIONS.—The Secretary shall prescribe regulations 

implementing this section that include provisions to encourage and 

facilitate competition in the leasing process and provide for timely 

and adequate public comment. 

Chapter 1023—Programs and 

Organizations 

Sec. 

102301. Volunteers in parks program. 

102302. National Capital region arts and cultural affairs. 

102303. National Park System Advisory Board. 

102304. National Park Service Advisory Council. 

§ 102301. Volunteers in parks program 

(a) ESTABLISHMENT.—The Secretary may recruit, train, and 

accept, without regard to chapter 51 and subchapter III of chapter 

53 of title 5 or regulations prescribed under that chapter or subchapter, the services of individuals without compensation as volunteers for or in aid of interpretive functions or other visitor services 

or activities in and related to System units and related areas. 
H. R. 1068—61 

In accepting those services, the Secretary shall not permit the 

use of volunteers in hazardous duty or law enforcement work or 

in policymaking processes, or to displace any employee. The services 

of individuals whom the Secretary determines are skilled in performing hazardous activities may be accepted. 

(b) INCIDENTAL EXPENSES.—The Secretary may provide for incidental expenses of volunteers, such as transportation, uniforms, 

lodging, and subsistence. 

(c) FEDERAL EMPLOYEE STATUS FOR VOLUNTEERS.— 

(1) EMPLOYMENT STATUS OF VOLUNTEERS.—Except as otherwise provided in this section, a volunteer shall not be deemed 

a Federal employee and shall not be subject to the provisions 

of law relating to Federal employment, including those relating 

to hours of work, rates of compensation, leave, unemployment 

compensation, and Federal employee benefits. 

(2) TORT CLAIMS.—For the purpose of sections 1346(b) and 

2401(b) and chapter 171 of title 28, a volunteer under this 

chapter shall be deemed a Federal employee. 

(3) VOLUNTEERS DEEMED CIVIL EMPLOYEES.—For the purposes 

of subchapter I of chapter 81 of title 5, volunteers under this 

chapter shall be deemed civil employees of the United States 

within the meaning of the term ‘‘employee’’ as defined in section 

8101 of title 5, and subchapter I of chapter 81 of title 5 shall 

apply. 

(4) COMPENSATION FOR LOSSES AND DAMAGES.—For the purpose of claims relating to damage to, or loss of, personal property of a volunteer incident to volunteer service, a volunteer 

under this chapter shall be deemed a Federal employee, and 

section 3721 of title 31 shall apply. 

(d) AUTHORIZATION OF APPROPRIATIONS.—There is authorized to 

be appropriated to carry out this section not more than $3,500,000 

for each fiscal year. 

§ 102302. National Capital region arts and cultural affairs 

(a) ESTABLISHMENT.—There is under the direction of the Service 

a program to support and enhance artistic and cultural activities 

in the National Capital region. 

(b) GRANT ELIGIBILITY.— 

(1) ELIGIBLE ORGANIZATIONS.—Eligibility for grants shall be 

limited to organizations— 

(A) that are of demonstrated national significance; and 

(B) that meet at least 2 of the criteria stated in paragraph 

(2). 

(2) CRITERIA.—The criteria referred to in paragraph (1) are 

the following: 

(A) The organization has an annual operating budget 

in excess of $1,000,000. 

(B) The organization has an annual audience or visitation 

of at least 200,000 people. 

(C) The organization has a paid staff of at least 100 

individuals. 

(D) The organization is eligible under section 320102(f) 

of this title. 

(3) ORGANIZATIONS NOT ELIGIBLE.—Public or private colleges 

and universities are not eligible for grants under the program 

under this section. 
H. R. 1068—62 

(c) USE OF GRANTS.—Grants awarded under this section may 

be used to support general operations and maintenance, security, 

or special projects. No organization may receive a grant in excess 

of $500,000 in a single year. 

(d) RESPONSBILITIES OF DIRECTOR.—The Director shall— 

(1) establish an application process; 

(2) appoint a review panel of 5 qualified individuals, at least 

a majority of whom reside in the National Capital region; 

and 

(3) develop other program guidelines and definitions as 

required. 

(e) FORD’S THEATER AND WOLF TRAP NATIONAL PARK FOR THE

PERFORMING ARTS.—The contractual amounts required for the support of Ford’s Theater and Wolf Trap National Park for the Performing Arts shall be available within the amount provided in 

this section without regard to any other provision of this section. 

§ 102303. National Park System Advisory Board 

(a) DEFINITION.—In this section, the term ‘‘Board’’ means the 

National Park System Advisory Board established under subsection 

(b). 

(b) ESTABLISHMENT AND PURPOSE.—There is established a 

National Park System Advisory Board, whose purpose is to advise 

the Director on matters relating to the Service, the System, and 

programs administered by the Service. The Board shall advise 

the Director on matters submitted to the Board by the Director 

as well as any other issues identified by the Board. 

(c) MEMBERSHIP.— (1) APPOINTMENT AND TERM OF OFFICE.—Members of the 

Board shall be appointed on a staggered term basis by the 

Secretary for a term not to exceed 4 years and shall serve 

at the pleasure of the Secretary. 

(2) COMPOSITION.—The Board shall be composed of no more 

than 12 persons, appointed from among citizens of the United 

States having a demonstrated commitment to the mission of 

the Service. Board members shall be selected to represent various geographic regions, including each of the administrative 

regions of the Service. At least 6 of the members shall have 

outstanding expertise in one or more of the following fields: 

history, archeology, anthropology, historical or landscape 

architecture, biology, ecology, geology, marine science, or social 

science. At least 4 of the members shall have outstanding 

expertise and prior experience in the management of national 

or State parks or protected areas, or natural or cultural 

resources management. The remaining members shall have 

outstanding expertise in one or more of the areas described 

above or in another professional or scientific discipline, such 

as financial management, recreation use management, land 

use planning, or business management, important to the mission of the Service. At least one individual shall be a locally 

elected official from an area adjacent to a park. 

(3) FIRST MEETING.—The Board shall hold its 1st meeting 

no later than 60 days after the date on which all members 

of the Board who are to be appointed have been appointed. 

(4) VACANCY.—Any vacancy in the Board shall not affect 

its powers, but shall be filled in the same manner in which 

the original appointment was made. 
H. R. 1068—63 

(5) COMPENSATION.—All members of the Board shall be 

reimbursed for travel and per diem in lieu of subsistence 

expenses during the performance of duties of the Board while 

away from home or their regular place of business, in accordance with subchapter I of chapter 57 of title 5. With the 

exception of travel and per diem, a member of the Board 

who otherwise is an officer or employee of the United States 

Government shall serve on the Board without additional compensation. 

(d) DUTIES AND POWERS OF BOARD.— (1) ADOPT RULES.—The Board may adopt such rules as may 

be necessary to establish its procedures and to govern the 

manner of its operations, organization, and personnel. 

(2) ADVICE AND RECOMMENDATIONS.—The Board shall advise 

the Secretary on matters relating to the System, to other related 

areas, and to the administration of chapter 3201 of this title, 

including matters submitted to it for consideration by the Secretary, but it shall not be required to provide recommendations 

as to the suitability or desirability of surplus real and related 

personal property for use as a historic monument. The Board 

shall also provide recommendations on the designation of 

national historic landmarks and national natural landmarks. 

The Board is strongly encouraged to consult with the major 

scholarly and professional organizations in the appropriate disciplines in making the recommendations. 

(3) ACTIONS ON REQUEST OF DIRECTOR.—On request of the 

Director, the Board is authorized to— 

(A) hold such hearings and sit and act at such times; 

(B) take such testimony; 

(C) have such printing and binding done; 

(D) enter into such contracts and other arrangements; 

(E) make such expenditures; and 

(F) take such other actions 

as the Board may consider advisable. 

(4) OATHS OR AFFIRMATIONS.—Any member of the Board may 

administer oaths or affirmations to witnesses appearing before 

the Board. 

(5) COMMITTEES AND SUBCOMMITTEES.—The Board may establish committees or subcommittees. The subcommittees or 

committees shall be chaired by a voting member of the Board. 

(6) USE OF MAILS.—The Board may use the United States 

mails in the same manner and under the same conditions 

as other departments and agencies in the United States. 

(e) STAFF.—The Secretary may hire 2 full-time staffers to meet 

the needs of the Board. 

(f) FEDERAL LAW NOT APPLICABLE TO SERVICE.—Service as a 

member of the Board shall not be deemed service or employment 

bringing the individual within the provisions of any Federal law 

relating to conflicts of interest or otherwise imposing restrictions, 

requirements, or penalties relating to the employment of individuals, the performance of services, or the payment or receipt of 

compensation in connection with claims, proceedings, or matters 

involving the United States. Service as a member or an employee 

of the Board shall not be deemed service in an appointive or 

elective position in the Federal Government for purposes of section 

8344 of title 5 or comparable provisions of Federal law. 

(g) COOPERATION OF FEDERAL AGENCIES.— 
H. R. 1068—64 

(1) INFORMATION.—The Board may secure directly from any 

office, department, agency, establishment, or instrumentality 

of the Federal Government such information as the Board 

may require for the purpose of this section, and each office, 

department, agency, establishment, or instrumentality shall 

furnish, to the extent permitted by law, the information, suggestions, estimates, and statistics directly to the Board, on request 

made by a member of the Board. 

(2) FACILITIES AND SERVICES.—On request of the Board, the 

head of any Federal department, agency, or instrumentality 

may make any of the facilities and services of the department, 

agency, or instrumentality available to the Board, on a nonreimbursable basis, to assist the Board in carrying out its duties 

under this section. 

(h) FEDERAL ADVISORY COMMITTEE ACT.—The Federal Advisory 

Committee Act (5 U.S.C. App.), with the exception of section 14(b), 

applies to the Board. 

(i) TERMINATION.—The Board continues to exist until January 

1, 2010. 

§ 102304. National Park Service Advisory Council 

(a) DEFINITIONS.—In this section: 

(1) BOARD.—The term ‘‘Board’’ means the National Park 

System Advisory Board established under section 102303 of 

this title. 

(2) COUNCIL.—The term ‘‘Council’’ means the National Park 

Service Advisory Council established under subsection (b). 

(b) ESTABLISHMENT AND PURPOSE.—There is established a 

National Park Service Advisory Council that shall provide advice 

and counsel to the Board. 

(c) MEMBERSHIP.— 

(1) ELIGIBILITY.—Membership on the Council shall be limited 

to individuals whose term on the Board has expired. Those 

individuals may serve as long as they remain active except 

that not more than 12 members may serve on the Council 

at any one time. 

(2) COMPENSATION.—Members of the Council shall receive 

no salary but may be paid expenses incidental to travel when 

engaged in discharging their duties as members. 

(d) VOTING RESTRICTION.—Members of the Council shall not have 

a vote on the Board. 

Chapter 1025—Museums 

Sec. 

102501. Purpose. 

102502. Definition of museum object. 

102503. Authority of Secretary. 

102504. Review and approval. 

§ 102501. Purpose 

The purpose of this chapter is to increase the public benefits 

from museums established within System units as a means of 

informing the public concerning the areas and preserving valuable 

objects and relics relating to the areas. 

§ 102502. Definition of museum object 

In this chapter: 
H. R. 1068—65 

(1) IN GENERAL.—The term ‘‘museum object’’ means an object 

that— 

(A) typically is movable; and 

(B) is eligible to be, or is made part of, a museum, 

library, or archive collection through a formal procedure, 

such as accessioning. 

(2) INCLUSIONS.—The term ‘‘museum object’’ includes a prehistoric or historic artifact, work of art, book, document, photograph, or natural history specimen. 

§ 102503. Authority of Secretary 

(a) IN GENERAL.—Notwithstanding other provisions or limitations 

of law, the Secretary may perform the functions described in this 

section in the manner that the Secretary considers to be in the 

public interest. 

(b) DONATIONS AND BEQUESTS.—The Secretary may accept donations and bequests of money or other personal property, and hold, 

use, expend, and administer the money or other personal property 

for purposes of this chapter. 

(c) PURCHASES.—The Secretary may purchase museum objects 

and other personal property at prices that the Secretary considers 

to be reasonable. 

(d) EXCHANGES.—The Secretary may make exchanges by 

accepting museum objects and other personal property and by 

granting in exchange for the museum objects or other personal 

property museum property under the administrative jurisdiction 

of the Secretary that no longer is needed or that may be held 

in duplicate among the museum properties administered by the 

Secretary. Exchanges shall be consummated on a basis that the 

Secretary considers to be equitable and in the public interest. 

(e) ACCEPTANCE OF LOANS OF PROPERTY.—The Secretary may 

accept the loan of museum objects and other personal property 

and pay transportation costs incidental to the museum objects 

or other personal property. Loans shall be accepted on terms and 

conditions that the Secretary considers necessary. 

(f) LOANS OF PROPERTY.—The Secretary may loan to responsible 

public or private organizations, institutions, or agencies, without 

cost to the United States, such museum objects and other personal 

property as the Secretary shall consider advisable. Loans shall 

be made on terms and conditions that the Secretary considers 

necessary to protect the public interest in those properties. 

(g) TRANSFER OF MUSEUM OBJECTS.—The Secretary may transfer 

museum objects that the Secretary determines are no longer needed 

for museum purposes to qualified Federal agencies, including the 

Smithsonian Institution, that have programs to preserve and interpret cultural or natural heritage, and accept the transfer of museum 

objects for the purposes of this chapter from any other Federal 

agency, without reimbursement. The head of any other Federal 

agency may transfer, without reimbursement, museum objects 

directly to the administrative jurisdiction of the Secretary for the 

purpose of this chapter. 

(h) CONVEYANCE OF MUSEUM OBJECTS.—The Secretary may 

convey museum objects that the Secretary determines are no longer 

needed for museum purposes, without monetary consideration but 

subject to such terms and conditions as the Secretary considers 

necessary, to private institutions exempt from Federal taxation 

under section 501(c)(3) of the Internal Revenue Code of 1986 (26 
H. R. 1068—66 

U.S.C. 501(c)(3)) and to non-Federal governmental entities if the 

Secretary determines that the recipient is dedicated to the preservation and interpretation of natural or cultural heritage and is qualified to manage the property, prior to any conveyance under this 

subsection and subsection (g). 

(i) DESTRUCTION OF MUSEUM OBJECTS.—The Secretary may 

destroy or cause to be destroyed museum objects that the Secretary 

determines to have no scientific, cultural, historic, educational, 

esthetic, or monetary value. 

§ 102504. Review and approval 

The Secretary shall ensure that museum objects are treated in 

a careful and deliberate manner that protects the public interest. 

Prior to taking any action under subsection (g), (h), or (i) of section 

102503 of this title, the Secretary shall establish a systematic 

review and approval process, including consultation with appropriate experts, that meets the highest standards of the museum 

profession for all actions taken under those subsections. 

Chapter 1027—Law Enforcement and 

Emergency Assistance 

Subchapter I—Law Enforcement 

Sec. 

102701. Law enforcement personnel within System. 

102702. Crime prevention assistance. 

Subchapter II—Emergency Assistance 

102711. Authority of Secretary to use applicable appropriations for the System to 

render assistance to nearby law enforcement and fire prevention agencies and for related activities outside the System. 102712. Aid to visitors, grantees, permittees, or licensees in emergencies. 

Subchapter I—Law Enforcement 

§ 102701. Law enforcement personnel within System 

(a) OFFICERS AND EMPLOYEES OF THE DEPARTMENT OF THE

INTERIOR.— (1) DESIGNATION AUTHORITY OF SECRETARY.—The Secretary, 

pursuant to standards prescribed in regulations by the Secretary, may designate certain officers or employees of the 

Department of the Interior who shall maintain law and order 

and protect individuals and property within System units. 

(2) POWERS AND DUTIES OF DESIGNEES.—In the performance 

of the duties described in paragraph (1), the designated officers 

or employees may— 

(A) carry firearms; 

(B) make arrests without warrant for any offense against 

the United States committed in the presence of the officer 

or employee, or for any felony cognizable under the laws 

of the United States if the officer or employee has reasonable grounds to believe that the individual to be arrested 

has committed or is committing the felony, provided the 

arrests occur within the System or the individual to be 

arrested is fleeing from the System to avoid arrest; 

(C) execute any warrant or other process issued by a 

court or officer of competent jurisdiction for the enforcement 

of the provisions of any Federal law or regulation issued 
H. R. 1068—67 

pursuant to law arising out of an offense committed in 

the System or, where the individual subject to the warrant 

or process is in the System, in connection with any Federal 

offense; and 

(D) conduct investigations of offenses against the United 

States committed in the System in the absence of investigation of the offenses by any other Federal law enforcement 

agency having investigative jurisdiction over the offense 

committed or with the concurrence of the other agency. 

(b) SPECIAL POLICE OFFICERS.— (1) IN GENERAL.—The Secretary may designate officers and 

employees of any other Federal agency, or law enforcement 

personnel of a State or political subdivision of a State, when 

determined to be economical and in the public interest and 

with the concurrence of that agency, State, or subdivision, 

to— 

(A) act as special police officers in System units when 

supplemental law enforcement personnel may be needed; 

and 

(B) exercise the powers and authority provided by subparagraphs (A) to (D) of subsection (a)(2). 

(2) COOPERATION WITH STATES AND POLITICAL SUBDIVISIONS.— 

The Secretary may— 

(A) cooperate, within the System, with any State or political subdivision of a State in the enforcement of supervision 

of the laws or ordinances of that State or subdivision; 

(B) mutually waive, in any agreement pursuant to 

subparagraph (A) and paragraph (1) or pursuant to subparagraphs (A) and (B) of subsection (a)(2) with any State 

or political subdivision of a State where State law requires 

the waiver and indemnification, all civil claims against 

all the other parties to the agreement and, subject to available appropriations, indemnify and save harmless the other 

parties to the agreement from all claims by third parties 

for property damage or personal injury, that may arise 

out of the parties’ activities outside their respective jurisdictions under the agreement; and 

(C) provide limited reimbursement, to a State or political 

subdivisions of a State, in accordance with such regulations 

as the Secretary may prescribe, where the State has ceded 

concurrent legislative jurisdiction over the affected area 

of the System, for expenditures incurred in connection with 

its activities within the System that were rendered pursuant to paragraph (1). 

(3) SUPPLEMENTAL AUTHORITY; DELEGATION OF SERVICE LAW

ENFORCEMENT RESPONSIBILITIES NOT AUTHORIZED.—Paragraphs 

(1) and (2) supplement the law enforcement responsibilities 

of the Service and do not authorize the delegation of law 

enforcement responsibilities of the Service to State or local 

governments. 

(4) SPECIAL POLICE OFFICERS NOT DEEMED FEDERAL

EMPLOYEES.— (A) IN GENERAL.—Except as otherwise provided in this 

subsection, a law enforcement officer of a State or political 

subdivision of a State designated to act as a special police 

officer under paragraph (1) shall not be deemed a Federal 

employee and shall not be subject to the provisions of 
H. R. 1068—68 

law relating to Federal employment, including those 

relating to hours of work, rates of compensation, leave, 

unemployment compensation, and Federal benefits. 

(B) EXCEPTIONS.—A law enforcement officer of a State 

or political subdivision of a State, when acting as a special 

police officer under paragraph (1), is deemed to be— 

(i) a Federal employee for purposes of sections 

1346(b) and 2401(b) and chapter 171 of title 28; and 

(ii) a civil service employee of the United States 

within the meaning of the term ‘‘employee’’ as defined 

in section 8101 of title 5, for purposes of subchapter 

I of chapter 81 of title 5, relating to compensation 

to Federal employees for work injuries, and the provisions of subchapter I of chapter 81 of title 5 shall 

apply. 

(c) FEDERAL INVESTIGATIVE JURISDICTION AND STATE CIVIL AND

CRIMINAL JURISDICTION NOT PREEMPTED.—This section and sections 

100101(b), 100502, 100507, 100751(b), 100754, 100901(b) and (c), 

100906(a) and (d), 101302(b)(1) and (c) to (e), 101306, 101702(b) 

and (c), 101901, 102102, and 102702 of this title shall not be 

construed or applied to limit or restrict the investigative jurisdiction 

of any Federal law enforcement agency other than the Service, 

and nothing shall be construed or applied to affect any right of 

a State or political subdivision of a State to exercise civil and 

criminal jurisdiction within the System. 

§ 102702. Crime prevention assistance 

(a) RECOMMENDATIONS FOR IMPROVEMENT.—The Secretary shall 

direct the chief official responsible for law enforcement within the 

Service to— 

(1) compile a list of System units with the highest rates 

of violent crime; 

(2) make recommendations concerning capital improvements, 

and other measures, needed within the System to reduce the 

rates of violent crime, including the rate of sexual assault; 

and 

(3) publish the information required by paragraphs (1) and 

(2) in the Federal Register. 

(b) DISTRIBUTION OF FUNDS.—Based on the recommendations and 

list issued pursuant to subsection (a), the Secretary shall distribute 

the funds authorized by subsection (d) throughout the System. 

Priority shall be given to areas with the highest rates of sexual 

assault. 

(c) USE OF FUNDS.—Funds provided under this section may be 

used— 

(1) to increase lighting within or adjacent to System units; 

(2) to provide emergency phone lines to contact law enforcement or security personnel in areas within or adjacent to 

System units; 

(3) to increase security or law enforcement personnel within 

or adjacent to System units; or 

(4) for any other project intended to increase the security 

and safety of System units. 

(d) AUTHORIZATION OF APPROPRIATIONS.—There is authorized to 

be appropriated out of the Violent Crime Reduction Trust Fund 

not more than $10,000,000 for the Secretary to take all necessary 
H. R. 1068—69 

actions to seek to reduce the incidence of violent crime in the 

System. 

Subchapter II—Emergency Assistance 

§ 102711. Authority of Secretary to use applicable appropriations for the System to render assistance to 

nearby law enforcement and fire prevention 

agencies and for related activities outside the 

System 

To facilitate the administration of the System, the Secretary 

may use applicable appropriations for the System to render emergency rescue, firefighting, and cooperative assistance to nearby 

law enforcement and fire prevention agencies and for related purposes outside the System. 

§ 102712. Aid to visitors, grantees, permittees, or licensees 

in emergencies 

(a) VISITORS.—The Secretary may aid visitors within a System 

unit in an emergency, when no other source is available for the 

procurement of food or supplies, by the sale, at cost, of food or 

supplies in quantities sufficient to enable the visitors to reach 

safely a point where food or supplies can be purchased. Receipts 

from the sales shall be deposited as a refund to the appropriation 

current at the date of the deposit and shall be available for the 

purchase of similar food or supplies. 

(b) GRANTEES, PERMITTEES, AND LICENSEES.—The Secretary may 

in an emergency, when no other source is available for the immediate procurement of supplies, materials, or special services, aid 

grantees, permittees, or licensees conducting operations for the 

benefit of the public in a System unit by the sale, at cost, including 

transportation and handling, of supplies, materials, or special services as may be necessary to relieve the emergency and ensure 

uninterrupted service to the public. Receipts from the sales shall 

be deposited as a refund to the appropriation current at the date 

of the deposit and shall be available for expenditure for System 

unit purposes. 

Chapter 1029—Land Transfers 

Sec. 

102901. Conveyance of property and interests in property in System units or related areas. 

§ 102901. Conveyance of property and interests in property 

in System units or related areas 

(a) FREEHOLD AND LEASEHOLD INTERESTS.—With respect to any 

property acquired by the Secretary within a System unit or related 

area, except property within national parks or within national 

monuments of scientific significance, the Secretary may convey 

a freehold or leasehold interest in the property, subject to such 

terms and conditions as will ensure the use of the property in 

a manner that is, in the judgment of the Secretary, consistent 

with the purpose for which the System unit or related area was 

authorized by Congress. The Secretary shall convey the interest 

to the highest bidder, in accordance with such regulations as the 
H. R. 1068—70 

Secretary may prescribe. The conveyance shall be at not less than 

the fair market value of the interest, as determined by the Secretary, except that if the conveyance is proposed within 2 years 

after the property to be conveyed is acquired by the Secretary, 

the Secretary shall allow the last owner of record of the property 

30 days following the date on which the owner is notified by 

the Secretary in writing that the property is to be conveyed within 

which to notify the Secretary that the owner wishes to acquire 

the interest. On receiving the timely request, the Secretary shall 

convey the interest to the person, in accordance with such regulations as the Secretary may prescribe, on payment or agreement 

to pay an amount equal to the highest bid price. 

(b) EXCHANGE OF LAND.— 

(1) IN GENERAL.—The Secretary may accept title to any nonFederal property or interest in property within a System unit 

or related area under the Secretary’s administration in 

exchange for any Federally-owned property or interest under 

the Secretary’s jurisdiction that the Secretary determines is 

suitable for exchange or other disposal and that is located 

in the same State as the non-Federal property to be acquired. 

(2) EXCEPTION.—Timberland subject to harvest under a sustained yield program shall not be exchanged under paragraph 

(1). 

(3) PUBLIC HEARING.—On request of a State or a political 

subdivision thereof, or of a party in interest, prior to an 

exchange under this subsection the Secretary shall hold a public 

hearing in the area where the properties to be exchanged 

are located. 

(4) VALUES OF PROPERTIES EXCHANGED.—The values of the 

properties exchanged— 

(A) shall be approximately equal; or 

(B) if they are not approximately equal, shall be equalized 

by the payment of cash to the grantor from funds appropriated for the acquisition of land for the area, or to the 

Secretary, as the circumstances require. 

(c) PROCEEDS CREDITED TO LAND AND WATER CONSERVATION

FUND.—The proceeds received from any conveyance under this section shall be credited to the Land and Water Conservation Fund. 

Chapter 1031—Appropriations and 

Accounting 

Sec. 

103101. Availability and use of appropriations. 

103102. Appropriations authorized and available for certain purposes. 

103103. Amounts provided by private entities for utility services. 

103104. Recovery of costs associated with special use permits. 

§ 103101. Availability and use of appropriations 

(a) CREDITS OF RECEIPTS FOR MEALS AND QUARTERS FURNISHED

FEDERAL GOVERNMENT EMPLOYEES IN THE FIELD.—Cash collections 

and payroll deductions made for meals and quarters furnished 

by the Service to employees of the Federal Government in the 

field and to cooperating agencies may be credited as a reimbursement to the current appropriation for the administration of the 

System unit in which the accommodations are furnished. 
H. R. 1068—71 

(b) AVAILABILITY FOR EXPENSE OF RECORDING DONATED LAND.— 

Appropriations made for the Service shall be available for any 

expenses incident to the preparation and recording of title evidence 

covering land to be donated to the United States for administration 

by the Service. 

(c) USE OF FUNDS FOR LAW ENFORCEMENT AND EMERGENCIES.— 

(1) IN GENERAL.—Funds, not to exceed $250,000 per incident, 

available to the Service may be used, with the approval of 

the Secretary, to— 

(A) maintain law and order in emergency and other 

unforeseen law enforcement situations; and 

(B) conduct emergency search and rescue operations in 

the System. 

(2) REPLENISHMENT OF FUNDS.—If the Secretary expends 

funds under paragraph (1), the funds shall be replenished by 

a supplemental appropriation for which the Secretary shall 

make a request as promptly as possible. 

(d) CONTRIBUTION FOR ANNUITY BENEFITS.— 

(1) IN GENERAL.—Necessary amounts are appropriated for 

reimbursement, pursuant to the Policemen and Firemen’s 

Retirement and Disability Act amendments of 1957 (Public 

Law 85–157, 71 Stat. 391), to the District of Columbia on 

a monthly basis for benefit payments by the District of 

Columbia to United States Park Police annuitants under section 

12 of the Policemen and Firemen’s Retirement and Disability 

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

exceed contributions made by active Park Police members covered under the Policemen and Firemen’s Retirement and Disability Act. 

(2) NONAVAILABILITY OF APPROPRIATIONS TO THE SERVICE.— Appropriations made to the Service are not available for the 

purpose of making reimbursements under paragraph (1). 

(e) WATERPROOF FOOTWEAR.—Appropriations for the Service that 

are available for the purchase of equipment may be used for purchase of waterproof footwear, which shall be regarded and listed 

as System equipment. 

§ 103102. Appropriations authorized and available for certain purposes 

Appropriations for the Service are authorized and are available 

for— 

(1) administration, protection, improvement, and maintenance of areas, under the jurisdiction of other Federal agencies, 

that are devoted to recreational use pursuant to cooperative 

agreements; 

(2) necessary local transportation and subsistence in kind 

of individuals selected for employment or as cooperators, 

serving without other compensation, while attending fire protection training camps; 

(3) administration, protection, maintenance, and improvement of the Chesapeake and Ohio Canal; 

(4) educational lectures in or in the vicinity of and with 

respect to System units, and services of field employees in 

cooperation with such nonprofit scientific and historical societies engaged in educational work in System units as the Secretary may designate; 

(5) travel expenses of employees attending— 
H. R. 1068—72 

(A) Federal Government camps for training in forest 

fire prevention and suppression; 

(B) the Federal Bureau of Investigation National Police 

Academy; and 

(C) Federal, State, or municipal schools for training in 

building fire prevention and suppression; 

(6) investigation and establishment of water rights in accordance with local custom, laws, and decisions of courts, including 

the acquisition of water rights or of land or interests in land 

or rights-of-way for use and protection of water rights necessary 

or beneficial in the administration and public use of System 

units; 

(7) official telephone service in the field in the case of official 

telephones installed in private houses when authorized under 

regulations established by the Secretary; and 

(8) provision of transportation for children in nearby communities to and from any System unit used in connection with 

organized recreation and interpretive programs of the Service. 

§ 103103. Amounts provided by private entities for utility 

services 

Notwithstanding any other provision of law, amounts provided 

to the Service by private entities for utility services shall be credited 

to the appropriate account and remain available until expended. 

§ 103104. Recovery of costs associated with special use permits 

Notwithstanding any other provision of law, the Service may 

recover all costs of providing necessary services associated with 

special use permits. The reimbursements shall be credited to the 

appropriation current at that time. 

Chapter 1033—National Military Parks 

Sec. 

103301. Military maneuvers. 

103302. Camps for military instruction. 

103303. Performance of duties of commissions. 

103304. Recovery of land withheld. 

103305. Travel expenses incident to study of battlefields. 

103306. Studies. 

§ 103301. Military maneuvers 

To obtain practical benefits of great value to the country from 

the establishment of national military parks, the parks and their 

approaches are declared to be national fields for military maneuvers 

for the Regular Army or Regular Air Force and the National Guard 

or militia of the States. National military parks shall be opened 

for those purposes only in the discretion of the Secretary, and 

under such regulations as the Secretary may prescribe. 

§ 103302. Camps for military instruction 

(a) ASSEMBLING OF FORCES AND DETAILING OF INSTRUCTORS.— 

The Secretary of the Army or Secretary of the Air Force, within 

the limits of appropriations that may be available for that purpose, 

may assemble in camp at such season of the year and for such 

period as the Secretary of the Army or Secretary of the Air Force 

may designate, at the field of military maneuvers, such portions 
H. R. 1068—73 

of the military forces of the United States as the Secretary of 

the Army or Secretary of the Air Force may think best, to receive 

military instruction there. The Secretary of the Army of Secretary 

of the Air Force may detail instructors from the Regular Army 

or Regular Air Force, respectively, for those forces during their 

exercises. 

(b) REGULATIONS.—The Secretary of the Army or Secretary of 

the Air Force may prescribe regulations governing the assembling 

of the National Guard or militia of the States on the maneuvering 

grounds. 

§ 103303. Performance of duties of commissions 

The duties of commissions in charge of national military parks 

shall be performed under the direction of the Secretary. 

§ 103304. Recovery of land withheld 

(a) CIVIL ACTION.—The United States may bring a civil action 

in the courts of the United States against a person to whom land 

lying within a national military park has been leased that refuses 

to give up possession of the land to the United States after the 

termination of the lease, and after possession has been demanded 

for the United States by the park superintendent, or against a 

person retaining possession of land lying within the boundary of 

a national military park that the person has sold to the United 

States for park purposes and received payment therefor, after 

possession of the land has been demanded for the United States 

by the park superintendent, to recover possession of the land withheld. The civil action shall be brought according to the statutes 

of the State in which the national military park is situated. 

(b) TRESPASS.—A person described in subsection (a) shall be guilty 

of trespass. 

§ 103305. Travel expenses incident to study of battlefields 

Mileage of officers of the Army and actual expenses of civilian 

employees traveling on duty in connection with the studies, surveys, 

and field investigations of battlefields shall be paid from the appropriations made to meet expenses for those purposes. 

§ 103306. Studies 

(a) STUDY OF BATTLEFIELDS FOR COMMEMORATIVE PURPOSES.— 

The Secretary of the Army may make studies and investigations 

and, where necessary, surveys of all battlefields within the continental limits of the United States on which troops of the United 

States or of the original 13 colonies have been engaged against 

a common enemy, with a view to preparing a general plan and 

such detailed projects as may be required for properly commemorating such battlefields or other adjacent points of historic and 

military interest. 

(b) INCLUSION OF ESTIMATE OF COST OF PROJECTED SURVEYS

IN APPROPRIATION ESTIMATES.—The Secretary of the Army shall 

include annually in the Department of the Interior appropriation 

estimates a list of the battlefields for which surveys or other field 

investigations are planned for the fiscal year in question, with 

the estimated cost of making each survey or other field investigation. 

(c) PURCHASE OF REAL ESTATE FOR NATIONAL MILITARY PARK

PURPOSES.—No real estate shall be purchased for national military 
H. R. 1068—74 

park purposes by the Federal Government unless a report on the 

real estate has been made by the Secretary of the Army through 

the President to Congress under subsection (d). 

(d) REPORT TO CONGRESS.—The Secretary of the Army, through 

the President, shall annually submit to Congress a detailed report 

of progress made under this subchapter, with recommendations 

for further operations. 

Chapters 1035 through 1047—Reserved 

Chapter 1049—Miscellaneous 

Sec. 

104901. Central warehouses at System units. 

104902. Services or other accommodations for public. 

104903. Care, removal, and burial of indigents. 

104904. Hire of work animals, vehicles, and equipment with or without personal 

services. 

104905. Preparation of mats for reproduction of photographs. 

104906. Protection of right of individuals to bear arms. 

104907. Limitation on extension or establishment of national parks in Wyoming. 

§ 104901. Central warehouses at System units 

(a) AUTHORITY OF SECRETARY.—The Secretary, in the administration of the System, may maintain central warehouses at System 

units. 

(b) APPROPRIATIONS.— 

(1) AVAILABILITY.—Appropriations made for the administration, protection, maintenance, and improvement of System units 

shall be available for the purchase of supplies and materials 

to be kept in central warehouses for distribution at cost, 

including transportation and handling, to projects under specific 

appropriations. 

(2) TRANSFERS BETWEEN APPROPRIATIONS.— 

(A) AUTHORIZATION.—Transfers between the various 

appropriations made for System units are authorized for 

the purpose of charging the cost of supplies and materials, 

including transportation and handling, drawn from central 

warehouses maintained under this authority to the particular appropriation benefited. 

(B) AVAILABILITY OF SUPPLIES AND MATERIALS AND TRANSFERS IN SUBSEQUENT YEARS.—Supplies and materials that 

remain at the end of any fiscal year shall be continuously 

available for issuance during subsequent fiscal years and 

shall be charged for by transfers of funds between appropriations made for the administration, protection, maintenance, and improvement of System units for the fiscal 

year then current without decreasing the appropriations 

made for that fiscal year. 

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

Supplies and materials shall not be purchased solely for the purpose 

of increasing the value of storehouse stock beyond reasonable 

requirements for any current fiscal year. 

§ 104902. Services or other accommodations for public 

The Secretary may contract for services or other accommodations 

provided in System units for the public under contract with the 
H. R. 1068—75 

Department of the Interior, as may be required in the administration of the Service, at rates approved by the Secretary for the 

furnishing of those services or accommodations to the Federal 

Government and without compliance with section 6101 of title 41. 

§ 104903. Care, removal, and burial of indigents 

The Secretary may provide, out of amounts appropriated for 

the general expenses of System units, for the temporary care and 

removal from a System unit of indigents, and in case of death 

to provide for their burial in System units not under local jurisdiction for these purposes. This section does not authorize transportation of indigents or deceased for a distance of more than 50 

miles from the System unit. 

§ 104904. Hire of work animals, vehicles, and equipment with 

or without personal services 

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

animals and animal-drawn and motor-propelled vehicles and equipment at rates to be approved by the Secretary and without compliance with section 6101 of title 41. 

§ 104905. Preparation of mats for reproduction of photographs 

The Secretary shall prepare mats that may be used for the 

reproduction in magazines and newspapers of photographs of scenery in a System unit that, in the opinion of the Secretary, would 

be of interest to the people of the United States and foreign nations. 

The mats may be furnished, without charge and under regulations 

the Secretary may prescribe, to the publishers of magazines, newspapers, and any other publications that may carry photographic 

reproductions. 

§ 104906. Protection of right of individuals to bear arms 

(a) FINDINGS.—Congress finds the following: 

(1) The 2d amendment to the Constitution provides that 

‘‘the right of the people to keep and bear Arms, shall not 

be infringed’’. 

(2) Section 2.4(a)(1) of title 36, Code of Federal Regulations, 

provides that ‘‘except as otherwise provided in this section 

and parts 7 (special regulations) and 13 (Alaska regulations), 

the following are prohibited: (i) Possessing a weapon, trap 

or net (ii) Carrying a weapon, trap or net (iii) Using a weapon, 

trap or net’’. 

(3) The regulations described in paragraph (2) prevent 

individuals complying with Federal and State laws from exercising the 2d amendment rights of the individuals while at 

System units. 

(4) The existence of different laws relating to the transportation and possession of firearms at different System units 

entrapped law-abiding gun owners while at System units. 

(5) Although the Bush administration issued new regulations 

relating to the 2d amendment rights of law-abiding citizens 

in System units that went into effect on January 9, 2009— 

(A) on March 19, 2009, the United States District Court 

for the District of Columbia granted a preliminary injunction with respect to the implementation and enforcement 

of the new regulations; and 
H. R. 1068—76 

(B) the new regulations— 

(i) are under review by the Obama administration; 

and 

(ii) may be altered. 

(6) Congress needs to weigh in on the new regulations to 

ensure that unelected bureaucrats and judges cannot again 

override the 2d amendment rights of law-abiding citizens on 

83,600,000 acres of System land. 

(7) Federal laws should make it clear that the 2d amendment 

rights of an individual at a System unit should not be infringed. 

(b) PROTECTION OF RIGHT OF INDIVIDUALS TO BEAR ARMS IN

SYSTEM UNITS.—The Secretary shall not promulgate or enforce 

any regulation that prohibits an individual from possessing a firearm, including an assembled or functional firearm, in any System 

unit if— 

(1) the individual is not otherwise prohibited by law from 

possessing the firearm; and 

(2) the possession of the firearm is in compliance with the 

law of the State in which the System unit is located. 

§ 104907. Limitation on extension or establishment of 

national parks in Wyoming 

No extension or establishment of national parks in Wyoming 

may be undertaken except by express authorization of Congress. 

Division B—System Units and Related 

Areas—Reserved 

Subtitle II—Outdoor Recreation Programs 

Chapter 2001—Coordination of Programs 

Sec. 

200101. Findings and declaration of policy. 

200102. Definitions. 

200103. Authority of Secretary to carry out certain functions and activities. 

200104. Consultations of Secretary with administrative officers; execution of administrative responsibilities in conformity with nationwide plan. 

§ 200101. Findings and declaration of policy 

Congress finds and declares it is desirable— 

(1) that all American people of present and future generations 

be assured adequate outdoor recreation resources; and 

(2) for all levels of government and private interests to take 

prompt and coordinated action to the extent practicable without 

diminishing or affecting their respective powers and functions 

to conserve, develop, and utilize those resources for the benefit 

and enjoyment of the American people. 

§ 200102. Definitions 

As used in this chapter: 

(1) STATE.—The term ‘‘State’’, to the extent practicable, as 

determined by the Secretary, includes Puerto Rico, Guam, 

American Samoa, the Virgin Islands, and the Northern Mariana 

Islands. 

(2) UNITED STATES.—The term ‘‘United States’’— 
H. R. 1068—77 

(A) includes the District of Columbia; and 

(B) to the extent practicable, as determined by the Secretary, includes Puerto Rico, Guam, American Samoa, the 

Virgin Islands, and the Northern Mariana Islands. 

§ 200103. Authority of Secretary to carry out certain functions and activities 

(a) IN GENERAL.—To carry out this chapter, the Secretary may 

perform the functions and activities described in this section. 

(b) INVENTORY AND EVALUATION.—The Secretary may prepare 

and maintain a continuing inventory and evaluation of outdoor 

recreation needs and resources of the United States. 

(c) CLASSIFICATION SYSTEM.—The Secretary may prepare a system 

for classification of outdoor recreation resources to assist in the 

effective and beneficial use and management of such resources. 

(d) RECREATION PLAN.—The Secretary may formulate and maintain a comprehensive nationwide outdoor recreation plan, taking 

into consideration the plans of the various Federal agencies, States, 

and their political subdivisions. The plan shall set forth the needs 

and demands of the public for outdoor recreation and the current 

and foreseeable availability in the future of outdoor recreation 

resources to meet those needs. The plan shall identify critical outdoor recreation problems, recommend solutions, and recommend 

desirable actions to be taken at each level of government and 

by private interests. The Secretary shall submit the plan to the 

President for transmittal to Congress. Revisions of the plan shall 

be similarly transmitted at succeeding 5-year intervals. When a 

plan or revision is transmitted to the Congress, the Secretary shall 

transmit copies to the chief executive officials of the States. 

(e) TECHNICAL ASSISTANCE AND ADVICE.—The Secretary may provide technical assistance and advice to and cooperate with States, 

political subdivisions, and private interests, including nonprofit 

organizations, with respect to outdoor recreation. 

(f) INTERSTATE AND REGIONAL COOPERATION.—The Secretary may 

encourage interstate and regional cooperation in the planning, 

acquisition, and development of outdoor recreation resources. 

(g) RESEARCH, INFORMATION, AND EDUCATION PROGRAMS AND

ACTIVITIES.—The Secretary may— 

(1) sponsor, engage in, and assist in research relating to 

outdoor recreation, directly or by contract or cooperative agreements, and make payments for such purposes without regard 

to the limitations of section 3324(a) and (b) of title 31 concerning 

advances of funds when the Secretary considers such action 

to be in the public interest; 

(2) undertake studies and assemble information concerning 

outdoor recreation, directly or by contract or cooperative agreement, and disseminate the information without regard to section 3204 of title 39; and 

(3) cooperate with educational institutions and others to 

assist in establishing education programs and activities and 

to encourage public use and benefits from outdoor recreation. 

(h) COOPERATION AND COORDINATION WITH FEDERAL AGENCIES.— 

(1) IN GENERAL.—The Secretary may— 

(A) cooperate with and provide technical assistance to 

Federal agencies and obtain from them information, data, 

reports, advice, and assistance that are needed and can 
H. R. 1068—78 

reasonably be furnished in carrying out the purposes of 

this chapter; and 

(B) promote coordination of Federal plans and activities 

generally relating to outdoor recreation. 

(2) FUNDING.—An agency furnishing advice or assistance 

under this paragraph may expend its own funds for those 

purposes, with or without reimbursement, as may be agreed 

to by that agency. 

(i) DONATIONS.—The Secretary may accept and use donations 

of money, property, personal services, or facilities for the purposes 

of this chapter. 

§ 200104. Consultations of Secretary with administrative officers; execution of administrative responsibilities 

in conformity with nationwide plan 

To carry out the policy declared in section 200101 of this title, 

the heads of Federal agencies having administrative responsibility 

over activities or resources the conduct or use of which is pertinent 

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

(1) consult with and be consulted by the Secretary from 

time to time both with respect to their conduct of those activities 

and their use of those resources and with respect to the activities that the Secretary carries on under authority of this chapter 

that are pertinent to their work; and 

(2) carry out that responsibility in general conformance with 

the nationwide plan authorized under section 200103(d) of this 

title. 

Chapter 2003—Land and Water 

Conservation Fund 

Sec. 

200301. Definitions. 

200302. Establishment of Land and Water Conservation Fund. 

200303. Appropriations for expenditure of Fund amounts. 

200304. Statement of estimated requirements. 

200305. Financial assistance to States. 

200306. Allocation of Fund amounts for Federal purposes. 

200307. Availability of Fund amounts for publicity purposes. 

200308. Contracts for acquisition of land and water. 

200309. Contracts for options to acquire land and water in System. 

200310. Transfers to and from Fund. 

§ 200301. Definitions 

In this chapter: 

(1) FUND.—The term ‘‘Fund’’ means the Land and Water 

Conservation Fund established under section 200302 of this 

title. 

(2) STATE.—The term ‘‘State’’ means a State, the District 

of Columbia, Puerto Rico, Guam, American Samoa, the Virgin 

Islands, and the Northern Mariana Islands. 

§ 200302. Establishment of Land and Water Conservation 

Fund 

(a) ESTABLISHMENT.—There is established in the Treasury the 

Land and Water Conservation Fund. 

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

there shall be deposited in the Fund the following revenues and 

collections: 
H. R. 1068—79 

(1) All proceeds (except so much thereof as may be otherwise 

obligated, credited, or paid under authority of the provisions 

of law set forth in section 572(a) or 574(a) to (c) of title 40 

or under authority of any appropriation Act that appropriates 

an amount, to be derived from proceeds from the transfer 

of excess property and the disposal of surplus property, for 

necessary expenses, not otherwise provided for, incident to the 

utilization and disposal of excess and surplus property) received 

from any disposal of surplus real property and related personal 

property under chapter 5 of title 40, notwithstanding any provision of law that such proceeds shall be credited to miscellaneous 

receipts of the Treasury. Nothing in this chapter shall affect 

existing laws or regulations concerning disposal of real or personal surplus property to schools, hospitals, and States and 

their political subdivisions. 

(2) The amounts provided for in section 200310 of this title. 

(c) AUTHORIZATION OF APPROPRIATIONS.— 

(1) IN GENERAL.—In addition to the sum of the revenues 

and collections estimated by the Secretary to be deposited in 

the Fund pursuant to this section, there are authorized to 

be appropriated annually to the Fund out of any money in 

the Treasury not otherwise appropriated such amounts as are 

necessary to make the income of the Fund not less than 

$900,000,000 for each fiscal year through September 30, 2015. 

(2) RECEIPTS UNDER OUTER CONTINENTAL SHELF LANDS ACT.— To the extent that amounts appropriated under paragraph (1) 

are not sufficient to make the total annual income of the 

Fund equivalent to the amounts provided in paragraph (1), 

an amount sufficient to cover the remainder shall be credited 

to the Fund from revenues due and payable to the United 

States for deposit in the Treasury as miscellaneous receipts 

under the Outer Continental Shelf Lands Act (43 U.S.C. 1331 

et seq.). 

(3) AVAILABILITY OF DEPOSITS.—Notwithstanding section 

200303 of this title, money deposited in the Fund under this 

subsection shall remain in the Fund until appropriated by 

Congress to carry out this chapter. 

§ 200303. Appropriations for expenditure of Fund amounts 

Amounts deposited in the Fund shall be available for expenditure 

for the purposes of this chapter only when appropriated for those 

purposes. The appropriations may be made without fiscal-year 

limitation. Amounts made available for obligation or expenditure 

from the Fund may be obligated or expended only as provided 

in this chapter. 

§ 200304. Statement of estimated requirements 

There shall be submitted with the annual budget of the United 

States a comprehensive statement of estimated requirements during 

the ensuing fiscal year for appropriations from the Fund. Not less 

than 40 percent of such appropriations shall be available for Federal 

purposes. 

§ 200305. Financial assistance to States 

(a) AUTHORITY OF SECRETARY TO MAKE PAYMENTS.—The Secretary may provide financial assistance to the States from amounts 

available for State purposes. Payments may be made to the States 
H. R. 1068—80 

by the Secretary as provided in this section, subject to such terms 

and conditions as the Secretary considers appropriate and in the 

public interest to carry out the purposes of this chapter, for outdoor 

recreation: 

(1) Planning. 

(2) Acquisition of land, water, or interests in land or water. 

(3) Development. 

(b) APPORTIONMENT AMONG STATES.—Amounts appropriated and 

available for State purposes for each fiscal year shall be apportioned 

among the States by the Secretary, whose determination shall 

be final, in accordance with the following formula: 

(1) Forty percent of the 1st $225,000,000; 30 percent of the 

next $275,000,000; and 20 percent of all additional appropriations shall be apportioned equally among the States. 

(2) At any time, the remaining appropriation shall be apportioned on the basis of need to individual States by the Secretary 

in such amounts as in the Secretary’s judgment will best accomplish the purposes of this chapter. The determination of need 

shall include consideration of—– 

(A) the proportion that the population of each State 

bears to the total population of the United States; 

(B) the use of outdoor recreation resources of each State 

by persons from outside the State; and 

(C) the Federal resources and programs in each State. 

(3) The total allocation to a State under paragraphs (1) and 

(2) shall not exceed 10 percent of the total amount allocated 

to all of the States in any one year. 

(4) The Secretary shall notify each State of its apportionments. The amounts shall be available for payment to the 

State for planning, acquisition, or development projects as prescribed. Any amount of any apportionment that has not been 

paid or obligated by the Secretary during the fiscal year in 

which the notification is given and for 2 fiscal years thereafter 

shall be reapportioned by the Secretary in accordance with 

paragraph (2) without regard to the 10 percent limitation to 

an individual State specified in this subsection. 

(5) For the purposes of paragraph (1), the District of 

Columbia, Puerto Rico, Guam, American Samoa, the Virgin 

Islands, and the Northern Mariana Islands shall be deemed 

to be one State, and shall receive shares of the apportionment 

in proportion to their populations. 

(c) MATCHING REQUIREMENTS.—Payments to any State shall cover 

not more than 50 percent of the cost of planning, acquisition, 

or development projects that are undertaken by the State. The 

remaining share of the cost shall be borne by the State in a 

manner and with funds or services as shall be satisfactory to 

the Secretary. 

(d) COMPREHENSIVE STATE PLAN.— (1) REQUIRED FOR CONSIDERATION OF FINANCIAL ASSISTANCE.—A comprehensive statewide outdoor recreation plan 

shall be required prior to the consideration by the Secretary 

of financial assistance for acquisition or development projects. 

The plan shall be adequate if, in the judgment of the Secretary, 

it encompasses and will promote the purposes of this chapter. 

No plan shall be approved unless the chief executive official 

of the State certifies that ample opportunity for public participation in plan development and revision has been accorded. The 
H. R. 1068—81 

Secretary shall develop, in consultation with others, criteria 

for public participation, which criteria shall constitute the basis 

for the certification by the chief executive official. The plan 

shall contain— 

(A) the name of the State agency that will have authority 

to represent and act for the State in dealing with the 

Secretary for purposes of this chapter; 

(B) an evaluation of the demand for and supply of outdoor 

recreation resources and facilities in the State; 

(C) a program for the implementation of the plan; and 

(D) other necessary information, as determined by the 

Secretary. 

(2) FACTORS TO BE CONSIDERED.—The plan shall take into 

account relevant Federal resources and programs and shall 

be correlated so far as practicable with other State, regional, 

and local plans. Where there exists or is in preparation for 

any particular State a comprehensive plan financed in part 

with funds supplied by the Secretary of Housing and Urban 

Development, any statewide outdoor recreation plan prepared 

for purposes of this part shall be based on the same population, 

growth, and other pertinent factors as are used in formulating 

plans financed by the Secretary of Housing and Urban Development. 

(3) PROVISION OF ASSISTANCE WHEN PLAN NOT OTHERWISE

AVAILABLE OR TO MAINTAIN PLAN.—The Secretary may provide 

financial assistance to any State for projects for the preparation 

of a comprehensive statewide outdoor recreation plan when 

the plan is not otherwise available or for the maintenance 

of the plan. 

(4) WETLANDS.—A comprehensive statewide outdoor recreation plan shall specifically address wetlands within the State 

as an important outdoor recreation resource as a prerequisite 

to approval, except that a revised comprehensive statewide 

outdoor recreation plan shall not be required by the Secretary, 

if a State submits, and the Secretary, acting through the 

Director, approves, as a part of and as an addendum to the 

existing comprehensive statewide outdoor recreation plan, a 

wetlands priority plan developed in consultation with the State 

agency with responsibility for fish and wildlife resources and 

consistent with the national wetlands priority conservation plan 

developed under section 301 of the Emergency Wetlands 

Resources Act of 1986 (16 U.S.C. 3921) or, if the national 

plan has not been completed, consistent with the provisions 

of that section. 

(e) PROJECTS FOR LAND AND WATER ACQUISITION AND DEVELOPMENT OF BASIC OUTDOOR RECREATION FACILITIES.— (1) IN GENERAL.—In addition to assistance for planning 

projects, the Secretary may provide financial assistance to any 

State for the types of projects described in paragraphs (2) 

and (3), or combinations of those projects, if the projects are 

in accordance with the State comprehensive plan. 

(2) ACQUISITION OF LAND OR WATER.— (A) IN GENERAL.—Under paragraph (1), the Secretary 

may provide financial assistance for a project for the 

acquisition of land, water, or an interest in land or water, 

or a wetland area or an interest in a wetland area, as 

identified in the wetlands provisions of the comprehensive 
H. R. 1068—82 

plan (other than land, water, or an interest in land or 

water acquired from the United States for less than fair 

market value), but not including incidental costs relating 

to acquisition. 

(B) RETENTION OF RIGHT OF USE AND OCCUPANCY.—When 

a State provides that the owner of a single-family residence 

may, at the owner’s option, elect to retain a right of use 

and occupancy for not less than 6 months after the date 

of acquisition of the residence and the owner elects to 

retain such a right— 

(i) the owner shall be deemed to have waived any 

benefits under sections 203 to 206 of the Uniform 

Relocation Assistance and Real Property Acquisition 

Policies Act of 1970 (42 U.S.C. 4623 to 4626); and 

(ii) for the purposes of those sections the owner shall 

not be deemed to be a displaced person as defined 

in section 101 of that Act (42 U.S.C. 4601). 

(3) DEVELOPMENT OF BASIC OUTDOOR RECREATION FACILITIES.—Under paragraph (1), the Secretary may provide financial assistance for a project for development of basic outdoor 

recreation facilities to serve the general public, including the 

development of Federal land under lease to States for terms 

of 25 years or more. No assistance shall be available under 

this chapter to enclose or shelter a facility normally used for 

an outdoor recreation activity, but the Secretary may permit 

local funding, not to exceed 10 percent of the total amount 

allocated to a State in any one year, to be used for construction 

of a sheltered facility for a swimming pool or ice skating rink 

in an area where the Secretary determines that the construction 

is justified by the severity of climatic conditions and the 

increased public use made possible by the construction. 

(f) PAYMENTS.— 

(1) CRITERIA FOR MAKING PAYMENTS.—The Secretary may 

make a payment to a State only for a planning, acquisition, 

or development project that is approved by the Secretary. The 

Secretary shall not make a payment for or on account of any 

project with respect to which financial assistance has been 

given or promised under any other Federal program or activity, 

and no financial assistance shall be given under any other 

Federal program or activity for or on account of any project 

with respect to which the assistance has been given or promised 

under this chapter. The Secretary may make payments from 

time to time in keeping with the rate of progress toward the 

satisfactory completion of a project. The approval of all projects 

and all payments, or any commitments relating thereto, shall 

be withheld until the Secretary receives appropriate written 

assurance from the State that the State has the ability and 

intention to finance its share of the cost of all of the projects, 

and to operate and maintain by acceptable standards, at State 

expense, the properties or facilities acquired or developed for 

public outdoor recreation use. 

(2) PAYMENT RECIPIENTS.—Payments for all projects shall 

be made by the Secretary to the chief executive official of 

the State or to a State official or agency designated by the 

chief executive official or by State law having authority and 

responsibility to accept and to administer funds paid under 

this section for approved projects. If consistent with an 
H. R. 1068—83 

approved project, funds may be transferred by the State to 

a political subdivision or other appropriate public agency. 

(3) CONVERSION TO OTHER THAN PUBLIC OUTDOOR RECREATION

USE.—No property acquired or developed with assistance under 

this section shall, without the approval of the Secretary, be 

converted to other than public outdoor recreation use. The 

Secretary shall approve a conversion only if the Secretary finds 

it to be in accordance with the then-existing comprehensive 

statewide outdoor recreation plan and only on such conditions 

as the Secretary considers necessary to ensure the substitution 

of other recreation properties of at least equal fair market 

value and of reasonably equivalent usefulness and location. 

Wetland areas and interests therein as identified in the wetlands provisions of the comprehensive plan and proposed to 

be acquired as suitable replacement property within the same 

State that is otherwise acceptable to the Secretary, acting 

through the Director, shall be deemed to be of reasonably 

equivalent usefulness with the property proposed for conversion. 

(4) REPORTS AND ACCOUNTING PROCEDURES.—No payment 

shall be made to any State until the State has agreed to— 

(A) provide such reports to the Secretary in such form 

and containing such information as may be reasonably 

necessary to enable the Secretary to perform the Secretary’s 

duties under this chapter; and 

(B) provide such fiscal control and fund accounting procedures as may be necessary to ensure proper disbursement 

and accounting for Federal funds paid to the State under 

this chapter. 

(g) RECORDS.—A recipient of assistance under this chapter shall 

keep such records as the Secretary shall prescribe, including records 

that fully disclose— 

(1) the amount and the disposition by the recipient of the 

proceeds of the assistance; 

(2) the total cost of the project or undertaking in connection 

with which the assistance is given or used; and 

(3) the amount and nature of that portion of the cost of 

the project or undertaking supplied by other sources, and such 

other records as will facilitate an effective audit. 

(h) ACCESS TO RECORDS.—The Secretary, and the Comptroller 

General, or any of their duly authorized representatives, shall have 

access for the purpose of audit and examination to any records 

of the recipient that are pertinent to assistance received under 

this chapter. 

(i) PROHIBITION OF DISCRIMINATION.—With respect to property 

acquired or developed with assistance from the Fund, discrimination 

on the basis of residence, including preferential reservation or membership systems, is prohibited except to the extent that reasonable 

differences in admission and other fees may be maintained on 

the basis of residence. 

(j) COORDINATION WITH FEDERAL AGENCIES.—To ensure consistency in policies and actions under this chapter with other related 

Federal programs and activities and to ensure coordination of the 

planning, acquisition, and development assistance to States under 

this section with other related Federal programs and activities— 

(1) the President may issue such regulations with respect 

thereto as the President considers desirable; and 
H. R. 1068—84 

(2) the assistance may be provided only in accordance with 

the regulations. 

(k) CAPITAL IMPROVEMENT AND OTHER PROJECTS TO REDUCE

CRIME.— 

(1) AVAILABILITY AND PURPOSE OF FUNDS.—In addition to 

assistance for planning projects, and in addition to the projects 

identified in subsection (e), and from amounts appropriated 

out of the Violent Crime Reduction Trust Fund, the Secretary 

may provide financial assistance to the States, not to exceed 

$15,000,000, for projects or combinations thereof for the purpose 

of making capital improvements and other measures to increase 

safety in urban parks and recreation areas, including funds 

to— 

(A) increase lighting within or adjacent to public parks 

and recreation areas; 

(B) provide emergency telephone lines to contact law 

enforcement or security personnel in areas within or adjacent to public parks and recreation areas; 

(C) increase security personnel within or adjacent to 

public parks and recreation areas; and 

(D) fund any other project intended to increase the security and safety of public parks and recreation areas. 

(2) ELIGIBILITY.—In addition to the requirements for project 

approval imposed by this section, eligibility for assistance under 

this subsection shall depend on a showing of need. In providing 

funds under this subsection, the Secretary shall give priority 

to projects proposed for urban parks and recreation areas with 

the highest rates of crime and, in particular, to urban parks 

and recreation areas with the highest rates of sexual assault. 

(3) FEDERAL SHARE.—Notwithstanding subsection (c), the Secretary may provide 70 percent improvement grants for projects 

undertaken by a State for the purposes described in this subsection. 

§ 200306. Allocation of Fund amounts for Federal purposes 

(a) ALLOWABLE PURPOSES AND SUBPURPOSES.— (1) IN GENERAL.—Amounts appropriated from the Fund for 

Federal purposes shall, unless otherwise allotted in the appropriation Act making them available, be allotted by the President 

for the purposes and subpurposes stated in this subsection. 

(2) ACQUISITION OF LAND, WATER, OR AN INTEREST IN LAND

OR WATER.— 

(A) SYSTEM UNITS AND RECREATION AREAS ADMINISTERED

FOR RECREATION PURPOSES.—Amounts shall be allotted for 

the acquisition of land, water, or an interest in land or 

water within the exterior boundary of— 

(i) a System unit authorized or established; and 

(ii) an area authorized to be administered by the 

Secretary for outdoor recreation purposes. 

(B) NATIONAL FOREST SYSTEM.— 

(i) IN GENERAL.—Amounts shall be allotted for the 

acquisition of land, water, or an interest in land or 

water within inholdings within— 

(I) wilderness areas of the National Forest 

System; and 

(II) other areas of national forests as the boundaries of those forests existed on January 1, 1965, 
H. R. 1068—85 

or purchase units approved by the National Forest 

Reservation Commission subsequent to January 

1, 1965, all of which other areas are primarily 

of value for outdoor recreation purposes. 

(ii) ADJACENT LAND.—Land outside but adjacent to 

an existing national forest boundary, not to exceed 

3,000 acres in the case of any one forest, that would 

comprise an integral part of a forest recreational 

management area may also be acquired with amounts 

appropriated from the Fund. 

(iii) LIMITATION.—Except for areas specifically 

authorized by Act of Congress, not more than 15 percent of the acreage added to the National Forest 

System pursuant to this section shall be west of the 

100th meridian. 

(C) ENDANGERED SPECIES AND THREATENED SPECIES; FISH

AND WILDLIFE REFUGE AREAS; NATIONAL WILDLIFE REFUGE

SYSTEM.—Amounts shall be allotted for the acquisition of 

land, water, or an interest in land or water for— 

(i) endangered species and threatened species 

authorized under section 5(a) of the Endangered Species Act of 1973 (16 U.S.C. 1534(a)); 

(ii) areas authorized by section 2 of the Refuge Recreation Act (16 U.S.C. 460k–1); 

(iii) national wildlife refuge areas under section 

7(a)(4) of the Fish and Wildlife Act of 1956 (16 U.S.C. 

742f(a)(4)) and wetlands acquired under section 304 

of the Emergency Wetlands Resources Act of 1986 (16 

U.S.C. 3922); and 

(iv) any area authorized for the National Wildlife 

Refuge System by specific Acts. 

(3) PAYMENT AS OFFSET OF CAPITAL COSTS.—Amounts shall 

be allotted for payment into miscellaneous receipts of the 

Treasury as a partial offset for capital costs, if any, of Federal 

water development projects authorized to be constructed by 

or pursuant to an Act of Congress that are allocated to public 

recreation and the enhancement of fish and wildlife values 

and financed through appropriations to water resource agencies. 

(4) AVAILABILITY OF APPROPRIATIONS.—Appropriations 

allotted for the acquisition of land, water, or an interest in 

land or water as set forth under subparagraphs (A) and (B) 

of paragraph (2) shall be available for those acquisitions notwithstanding any statutory ceiling on the appropriations contained in any other provision of law enacted prior to January 

4, 1977, or, in the case of national recreation areas, prior 

to January 15, 1979, except that for any such area expenditures 

shall not exceed a statutory ceiling during any one fiscal year 

by 10 percent of the ceiling or $1,000,000, whichever is greater. 

(b) ACQUISITION RESTRICTIONS.—Appropriations from the Fund 

pursuant to this section shall not be used for acquisition unless 

the acquisition is otherwise authorized by law. Appropriations from 

the Fund may be used for preacquisition work where authorization 

is imminent and where substantial monetary savings could be 

realized. 
H. R. 1068—86 

§ 200307. Availability of Fund amounts for publicity purposes 

(a) IN GENERAL.—Amounts derived from the sources listed in 

section 200302 of this title shall not be available for publicity 

purposes. 

(b) EXCEPTION FOR TEMPORARY SIGNING.—In a case where significant acquisition or development is initiated, appropriate standardized temporary signing shall be located on or near the affected 

site, to the extent feasible, so as to indicate the action taken 

is a product of funding made available through the Fund. The 

signing may indicate the percentage amounts and dollar amounts 

financed by Federal and non-Federal funds, and that the source 

of the funding includes amounts derived from Outer Continental 

Shelf receipts. The Secretary shall prescribe standards and guidelines for the usage of the signing to ensure consistency of design 

and application. 

§ 200308. Contracts for acquisition of land and water 

Not more than $30,000,000 of the amount authorized to be appropriated from the Fund by section 200303 of this title may be 

obligated by contract during each fiscal year for the acquisition 

of land, water, or interest in land or water within areas specified 

in section 200306(a)(2) of this title. The contract may be executed 

by the head of the department concerned, within limitations prescribed by the Secretary. The contract shall be a contractual obligation of the United States and shall be liquidated with money appropriated from the Fund specifically for liquidation of that contract 

obligation. No contract may be entered into for the acquisition 

of property pursuant to this section unless the acquisition is otherwise authorized by Federal law. 

§ 200309. Contracts for options to acquire land and water 

in System 

The Secretary may enter into contracts for options to acquire 

land, water, or interests in land or water within the exterior boundaries of any area the acquisition of which is authorized by law 

for inclusion in the System. The minimum period of any such 

option shall be 2 years, and any sums expended for the purchase 

of an option shall be credited to the purchase price of the area. 

Not more than $500,000 of the sum authorized to be appropriated 

from the Fund by section 200303 of this title may be expended 

by the Secretary in any one fiscal year for the options. 

§ 200310. Transfers to and from Fund 

(a) MOTORBOAT FUEL TAXES.—There shall be set aside in the 

Fund the amounts specified in section 9503(c)(3)(B) of the Internal 

Revenue Code of 1986 (26 U.S.C. 9503(c)(3)(B)). 

(b) REFUNDS OF TAXES.—There shall be paid from time to time 

from the Fund into the general fund of the Treasury amounts 

estimated by the Secretary of the Treasury as equivalent to— 

(1) the amounts paid before October 1, 2017, under section 

6421 of the Internal Revenue Code of 1986 (26 U.S.C. 6421) 

with respect to gasoline used after December 31, 1964, in 

motorboats, on the basis of claims filed for periods ending 

before October 1, 2016; and 

(2) 80 percent of the floor stocks refunds made before October 

1, 2017, under section 6412(a)(1) of the Internal Revenue Code 
H. R. 1068—87 

of 1986 (26 U.S.C. 6412(a)(1)) with respect to gasoline to be 

used in motorboats. 

Chapter 2005—Urban Park and Recreation 

Recovery Program 

Sec. 

200501. Definitions. 

200502. Federal assistance. 

200503. Rehabilitation grants and innovation grants. 

200504. Recovery action programs. 

200505. State action. 

200506. Non-Federal share of project costs. 

200507. Conversion of recreation property. 

200508. Coordination of program. 

200509. Recordkeeping. 

200510. Inapplicability of matching provisions. 

200511. Funding limitations. 

§ 200501. Definitions 

In this chapter: 

(1) AT-RISK YOUTH RECREATION GRANT.— 

(A) IN GENERAL.—The term ‘‘at-risk youth recreation 

grant’’ means a grant in a neighborhood or community 

with a high prevalence of crime, particularly violent crime 

or crime committed by youthful offenders. 

(B) INCLUSIONS.—The term ‘‘at-risk youth recreation 

grant’’ includes— 

(i) a rehabilitation grant; 

(ii) an innovation grant; and 

(iii) a matching grant for continuing program support 

for a program of demonstrated value or success in 

providing constructive alternatives to youth at risk 

for engaging in criminal behavior, including a grant 

for operating, or coordinating, a recreation program 

or service. 

(C) ADDITIONAL USES OF REHABILITATION GRANT.—In 

addition to the purposes specified in paragraph (8), a 

rehabilitation grant that serves as an at-risk youth recreation grant may be used for the provision of lighting, 

emergency phones, or any other capital improvement that 

will improve the security of an urban park. 

(2) GENERAL PURPOSE LOCAL GOVERNMENT.—The term ‘‘general purpose local government’’ means— 

(A) a city, county, town, township, village, or other general purpose political subdivision of a State; and 

(B) the District of Columbia. 

(3) INNOVATION GRANT.—The term ‘‘innovation grant’’ means 

a matching grant to a local government to cover costs of personnel, facilities, equipment, supplies, or services designed to 

demonstrate innovative and cost-effective ways to augment park 

and recreation opportunities at the neighborhood level and 

to address common problems related to facility operations and 

improved delivery of recreation service, not including routine 

operation and maintenance activities. 

(4) MAINTENANCE.—The term ‘‘maintenance’’ means all commonly accepted practices necessary to keep recreation areas 

and facilities operating in a state of good repair and to protect 

them from deterioration resulting from normal wear and tear. 
H. R. 1068—88 

(5) PRIVATE, NONPROFIT AGENCY.—The term ‘‘private, nonprofit agency’’ means a community-based, nonprofit organization, corporation, or association organized for purposes of providing recreational, conservation, and educational services 

directly to urban residents on a neighborhood or communitywide basis through voluntary donations, voluntary labor, or 

public or private grants. 

(6) RECOVERY ACTION PROGRAM GRANT.— 

(A) IN GENERAL.—The term ‘‘recovery action program 

grant’’ means a matching grant to a local government for 

development of local park and recreation recovery action 

programs to meet the requirements of this chapter. 

(B) USE.—A recovery action program grant shall be used 

for resource and needs assessment, coordination, citizen 

involvement and planning, and program development 

activities to— 

(i) encourage public definition of goals; and 

(ii) develop priorities and strategies for overall recreation system recovery. 

(7) RECREATION AREA OR FACILITY.—The term ‘‘recreation 

area or facility’’ means an indoor or outdoor park, building, 

site, or other facility that is dedicated to recreation purposes 

and administered by a public or private nonprofit agency to 

serve the recreation needs of community residents. Emphasis 

shall be on public facilities readily accessible to residential 

neighborhoods, including multiple-use community centers that 

have recreation as one of their primary purposes, but excluding 

major sports arenas, exhibition areas, and conference halls 

used primarily for commercial sports, spectator, or display 

activities. 

(8) REHABILITATION GRANT.—The term ‘‘rehabilitation grant’’ 

means a matching capital grant to a local government for 

rebuilding, remodeling, expanding, or developing an existing 

outdoor or indoor recreation area or facility, including improvements in park landscapes, buildings, and support facilities, 

but excluding routine maintenance and upkeep activities. 

(9) SPECIAL PURPOSE LOCAL GOVERNMENT.— (A) IN GENERAL.—The term ‘‘special purpose local government’’ means a local or regional special district, publicpurpose corporation, or other limited political subdivision 

of a State. 

(B) INCLUSIONS.—The term ‘‘special purpose local government’’ includes— 

(i) a park authority; 

(ii) a park, conservation, water, or sanitary district; 

and 

(iii) a school district. 

(10) STATE.—The term ‘‘State’’ means a State, an instrumentality of a State approved by the Governor of the State, Puerto 

Rico, Guam, American Samoa, the Virgin Islands, and the 

Northern Mariana Islands. 

§ 200502. Federal assistance 

(a) ELIGIBILITY DETERMINED BY SECRETARY.—Eligibility of general 

purpose local governments for assistance under this chapter shall 

be based on need as determined by the Secretary. The Secretary 

shall publish in the Federal Register a list of local governments 
H. R. 1068—89 

eligible to participate in this program, to be accompanied by a 

discussion of criteria used in determining eligibility. Criteria shall 

be based on factors that the Secretary determines are related to 

deteriorated recreational facilities or systems and physical and economic distress. 

(b) ADDITIONAL ELIGIBLE GENERAL PURPOSE LOCAL GOVERNMENTS.—In addition to eligible local governments established in 

accordance with subsection (a), the Secretary may establish eligibility, in accord with the findings and purpose of the Urban Park 

and Recreation Recovery Act of 1978 (Public Law 95–625, 92 Stat. 

3538), of other general purpose local governments in metropolitan 

statistical areas as defined by the Director of the Office of Management and Budget. 

(c) PRIORITY CRITERIA FOR PROJECT SELECTION AND APPROVAL.— 

(1) IN GENERAL.—The Secretary shall establish priority criteria for project selection and approval that consider such factors as— 

(A) population; 

(B) condition of existing recreation areas and facilities; 

(C) demonstrated deficiencies in access to neighborhood 

recreation opportunities, particularly for minority and lowand moderate-income residents; 

(D) public participation in determining rehabilitation or 

development needs; 

(E) the extent to which a project supports or complements 

target activities undertaken as part of a local government’s 

overall community development and urban revitalization 

program; 

(F) the extent to which a proposed project would provide— 

(i) employment opportunities for minorities, youth, 

and low- and moderate-income residents in the project 

neighborhood; 

(ii) for participation of neighborhood, nonprofit, or 

tenant organizations in the proposed rehabilitation 

activity or in subsequent maintenance, staffing, or 

supervision of recreation areas and facilities; or 

(iii) both; and 

(G) the amount of State and private support for a project 

as evidenced by commitments of non-Federal resources to 

project construction or operation. 

(2) AT-RISK YOUTH RECREATION GRANTS.—For at-risk youth 

recreation grants, the Secretary shall give a priority to each 

of the following criteria: 

(A) Programs that are targeted to youth who are at 

the greatest risk of becoming involved in violence and 

crime. 

(B) Programs that teach important values and life skills, 

including teamwork, respect, leadership, and self-esteem. 

(C) Programs that offer tutoring, remedial education, 

mentoring, and counseling in addition to recreation 

opportunities. 

(D) Programs that offer services during late night or 

other nonschool hours. 

(E) Programs that demonstrate collaboration between 

local park and recreation, juvenile justice, law enforcement, 

and youth social service agencies and nongovernmental 
H. R. 1068—90 

entities, including the private sector and community and 

nonprofit organizations. 

(F) Programs that leverage public or private recreation 

investments in the form of services, materials, or cash. 

(G) Programs that show the greatest potential of being 

continued with non-Federal funds or that can serve as 

models for other communities. 

(d) LIMITATION OF FUNDS.—Grants to discretionary applicants 

under subsection (b) may not be more than 15 percent of the 

total amount of funds appropriated under this chapter for rehabilitation grants, innovation grants, and recovery action program grants. 

§ 200503. Rehabilitation grants and innovation grants 

(a) MATCHING GRANTS.—The Secretary may provide 70 percent 

matching rehabilitation grants and innovation grants directly to 

eligible general purpose local governments on the Secretary’s 

approval of applications for the grants by the chief executive officials 

of those governments. 

(b) SPECIAL CONSIDERATIONS.—An innovation grant should be 

closely tied to goals, priorities, and implementation strategies 

expressed in local park and recreation recovery action programs, 

with particular regard to the special considerations listed in section 

200504(c)(2) of this title. 

(c) TRANSFER.—If consistent with an approved application, a grant 

recipient may transfer a rehabilitation grant or innovation grant 

in whole or in part to an independent special purpose local government, private nonprofit agency, or county or regional park authority 

if the assisted recreation area or facility owned or managed by 

the transferree offers recreation opportunities to the general population within the jurisdictional boundaries of the grant recipient. 

(d) PAYMENTS.—Payments may be made only for a rehabilitation 

project or innovation project that has been approved by the Secretary. Payments may be made from time to time in keeping with 

the rate of progress toward the satisfactory completion of the 

project, except that the Secretary, when appropriate, may make 

advance payments on an approved rehabilitation project or innovation project in an amount not to exceed 20 percent of the total 

project cost. 

(e) MODIFICATION OF PROJECT.—The Secretary may authorize 

modification of an approved project only when a grant recipient 

adequately demonstrates that the modification is necessary because 

of circumstances not foreseeable at the time at which the project 

was proposed. 

§ 200504. Recovery action programs 

(a) EVIDENCE OF LOCAL COMMITMENT TO ONGOING PROGRAMS.— 

As a requirement for project approval, local governments applying 

for assistance under this chapter shall submit to the Secretary 

evidence of their commitments to ongoing planning, rehabilitation, 

service, operation, and maintenance programs for their park and 

recreation systems. These commitments will be expressed in local 

park and recreation recovery action programs that maximize 

coordination of all community resources, including other federally 

supported urban development and recreation programs. During an 

initial interim period to be established by regulations under this 

chapter, this requirement may be satisfied by local government 
H. R. 1068—91 

submissions of preliminary action programs that briefly define objectives, priorities, and implementation strategies for overall system 

recovery and maintenance and commit the applicant to a scheduled 

program development process. Following this interim period, all 

local applicants shall submit to the Secretary, as a condition of 

eligibility, a 5-year action program for park and recreation recovery 

that satisfactorily demonstrates— 

(1) systematic identification of recovery objectives, priorities, 

and implementation strategies; 

(2) adequate planning for rehabilitation of specific recreation 

areas and facilities, including projections of the cost of proposed 

projects; 

(3) the capacity and commitment to ensure that facilities 

provided or improved under this chapter shall continue to be 

adequately maintained, protected, staffed, and supervised; 

(4) the intention to maintain total local public outlays for 

park and recreation purposes at levels at least equal to those 

in the year preceding that in which grant assistance is sought 

except in any case where a reduction in park and recreation 

outlays is proportionate to a reduction in overall spending 

by the applicant; and 

(5) the relationship of the park and recreation recovery program to overall community development and urban revitalization efforts. 

(b) CONTINUING PLANNING PROCESS.—Where appropriate, the Secretary may encourage local governments to meet action program 

requirements through a continuing planning process that includes 

periodic improvements and updates in action program submissions 

to eliminate identified gaps in program information and policy 

development. 

(c) SPECIAL CONSIDERATIONS.—Action programs shall address, but 

are not limited to— 

(1) rehabilitation of existing recreational areas and facilities, 

including— 

(A) general systemwide renovation; 

(B) special rehabilitation requirements for recreational 

areas and facilities in areas of high population concentration and economic distress; and 

(C) restoration of outstanding or unique structures, landscaping, or similar features in parks of historical or 

architectural significance; and 

(2) local commitments to innovative and cost-effective programs and projects at the neighborhood level to augment 

recovery of park and recreation systems, including— 

(A) recycling of abandoned schools and other public 

buildings for recreational purposes; 

(B) multiple use of operating educational and other public 

buildings, purchase of recreation services on a contractual 

basis; 

(C) use of mobile facilities and recreational, cultural, 

and educational programs or other innovative approaches 

to improving access for neighborhood residents; 

(D) integration of recovery program with federally 

assisted projects to maximize recreational opportunities 

through conversion of abandoned railroad and highway 

rights of way, waterfront, and other redevelopment efforts 
H. R. 1068—92 

and such other federally assisted projects as may be appropriate; 

(E) conversion of recreation use of street space, derelict 

land, and other public land not now designated for 

neighborhood recreational use; and 

(F) use of various forms of compensated and uncompensated land regulation, tax inducements, or other means 

to encourage the private sector to provide neighborhood 

park and recreation facilities and programs. 

(d) PUBLICATION IN FEDERAL REGISTER.—The Secretary shall 

establish and publish in the Federal Register requirements for 

preparation, submission, and updating of local park and recreation 

recovery action programs. 

(e) ELIGIBILITY FOR AT-RISK YOUTH RECREATION GRANTS.—To 

be eligible to receive at-risk youth recreation grants a local government shall amend its 5-year action program to incorporate the 

goal of reducing crime and juvenile delinquency and to provide 

a description of the implementation strategies to achieve this goal. 

The plan shall also address how the local government is coordinating its recreation programs with crime prevention efforts of 

law enforcement, juvenile corrections, and youth social service agencies. 

(f) MATCHING RECOVERY ACTION PROGRAM GRANTS.—The Secretary may provide up to 50 percent matching recovery action 

program grants to eligible local governments for program development and planning specifically to meet the objectives of this chapter. 

§ 200505. State action 

(a) ADDITIONAL MATCH.—The Secretary may increase rehabilitation grants or innovation grants authorized in section 200503 of 

this title by providing an additional match equal to the total match 

provided by a State of up to 15 percent of total project costs. 

The Federal matching amount shall not exceed 85 percent of total 

project cost. 

(b) ADEQUATE IMPLEMENTATION OF LOCAL RECOVERY PLANS.— 

The Secretary shall encourage States to assist the Secretary in 

ensuring— 

(1) that local recovery plans and programs are adequately 

implemented by cooperating with the Secretary in monitoring 

local park and recreation recovery plans and programs; and 

(2) consistency of the plans and programs, where appropriate, 

with State recreation policies as set forth in statewide comprehensive outdoor recreation plans. 

§ 200506. Non-Federal share of project costs 

(a) SOURCES.— 

(1) ALLOWABLE SOURCES.—The non-Federal share of project 

costs assisted under this chapter may be derived from general 

or special purpose State or local revenues, State categorical 

grants, special appropriations by State legislatures, donations 

of land, buildings, or building materials, and in-kind construction, technical, and planning services. Reasonable local costs 

of recovery action program development to meet the requirements of section 200504(a) of this title may be used as part 

of the local match only when the local government has not 

received a recovery action program grant. 
H. R. 1068—93 

(2) NON-ALLOWABLE SOURCES.—No amount from the Land 

and Water Conservation Fund or from any other Federal grant 

program other than the community development block grant 

programs shall be used to match Federal grants under this 

program. 

(b) ENCOURAGEMENT OF STATES AND PRIVATE INTERESTS.—The 

Secretary shall encourage States and private interests to contribute, 

to the maximum extent possible, to the non-Federal share of project 

costs. 

§ 200507. Conversion of recreation property 

No property improved or developed with assistance under this 

chapter shall, without the approval of the Secretary, be converted 

to other than public recreation uses. The Secretary shall approve 

such a conversion only if the Secretary finds it to be in accord 

with the then-current local park and recreation recovery action 

program and only on such conditions as the Secretary considers 

necessary to ensure the provision of adequate recreation properties 

and opportunities of reasonably equivalent location and usefulness. 

§ 200508. Coordination of program 

The Secretary shall— 

(1) coordinate the urban park and recreation recovery program with the total urban recovery effort and cooperate to 

the fullest extent possible with other Federal agencies and 

with State agencies that administer programs and policies 

affecting urban areas, including programs in housing, urban 

development, natural resources management, employment, 

transportation, community services, and voluntary action; 

(2) encourage maximum coordination of the program between 

State agencies and local applicants; and 

(3) require that local applicants include provisions for participation of community and neighborhood residents and for publicprivate coordination in recovery planning and project selection. 

§ 200509. Recordkeeping 

(a) IN GENERAL.—A recipient of assistance under this chapter 

shall keep such records as the Secretary shall prescribe, including— 

(1) records that disclose— 

(A) the amount and disposition of project undertakings 

in connection with which assistance under this chapter 

is given or used; and 

(B) the amount and nature of the portion of the cost 

of the project or undertaking that is supplied by other 

sources; and 

(2) such other records as will facilitate an effective audit. 

(b) ACCESS.—The Secretary and the Comptroller General shall 

have access for the purpose of audit and examination to any records 

of the recipient that are pertinent to assistance received under 

this chapter. 

§ 200510. Inapplicability of matching provisions 

Amounts authorized for Guam, American Samoa, the Virgin 

Islands, and the Northern Mariana Islands are not subject to the 

matching provisions of this chapter, and may be subject only to 

such conditions, reports, plans, and agreements, if any, as the 

Secretary may determine. 
H. R. 1068—94 

§ 200511. Funding limitations 

(a) LIMITATION OF FUNDS.—The amount of grants made under 

this chapter for projects in any one State for any fiscal year shall 

not be more than 15 percent of the amount made available for 

grants to all of the States for that fiscal year. 

(b) RECOVERY ACTION PROGRAM GRANTS.—Not more than 3 percent of the amount made available for grants under this chapter 

for a fiscal year shall be used for recovery action program grants. 

(c) INNOVATION GRANTS.—Not more than 10 percent of the amount 

made available for grants under this chapter for a fiscal year 

shall be used for innovation grants. 

(d) PROGRAM SUPPORT.—Not more than 25 percent of the amount 

made available under this chapter to any local government shall 

be used for program support. 

(e) NO LAND ACQUISITION.—No funds made available under this 

chapter shall be used for the acquisition of land or an interest 

in land. 

Subtitle III—National Preservation 

Programs 

Division A—Historic Preservation 

Subdivision 1—General Provisions 

Chapter 3001—Policy 

Sec. 

300101. Policy. 

§ 300101. Policy 

It is the policy of the Federal Government, in cooperation with 

other nations and in partnership with States, local governments, 

Indian tribes, Native Hawaiian organizations, and private organizations and individuals, to— 

(1) use measures, including financial and technical assistance, 

to foster conditions under which our modern society and our 

historic property can exist in productive harmony and fulfill 

the social, economic, and other requirements of present and 

future generations; 

(2) provide leadership in the preservation of the historic 

property of the United States and of the international community of nations and in the administration of the national 

preservation program; 

(3) administer federally owned, administered, or controlled 

historic property in a spirit of stewardship for the inspiration 

and benefit of present and future generations; 

(4) contribute to the preservation of nonfederally owned historic property and give maximum encouragement to organizations and individuals undertaking preservation by private 

means; 

(5) encourage the public and private preservation and utilization of all usable elements of the Nation’s historic built environment; and 
H. R. 1068—95 

(6) assist State and local governments, Indian tribes and 

Native Hawaiian organizations, and the National Trust to 

expand and accelerate their historic preservation programs and 

activities. 

Chapter 3003—Definitions 

Sec. 

300301. Agency. 

300302. Certified local government. 

300303. Council. 

300304. Cultural park. 

300305. Historic conservation district. 

300306. Historic Preservation Fund. 

300307. Historic preservation review commission. 

300308. Historic property. 

300309. Indian tribe. 

300310. Local government. 

300311. National Register. 

300312. National Trust. 

300313. Native Hawaiian. 

300314. Native Hawaiian organization. 

300315. Preservation or historic preservation. 

300316. Secretary. 

300317. State. 

300318. State historic preservation review board. 

300319. Tribal land. 

300320. Undertaking. 

300321. World Heritage Convention. 

§ 300301. Agency 

In this division, the term ‘‘agency’’ has the meaning given the 

term in section 551 of title 5. 

§ 300302. Certified local government 

In this division, the term ‘‘certified local government’’ means 

a local government whose local historic preservation program is 

certified pursuant to chapter 3025 of this title. 

§ 300303. Council 

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

on Historic Preservation established by section 304101 of this title. 

§ 300304. Cultural park 

In this division, the term ‘‘cultural park’’ means a definable 

area that— 

(A) is distinguished by historic property, prehistoric property, 

and land related to that property; and 

(B) constitutes an interpretive, educational, and recreational 

resource for the public at large. 

§ 300305. Historic conservation district 

In this division, the term ‘‘historic conservation district’’ means 

an area that contains— 

(1) historic property; 

(2) buildings having similar or related architectural 

characteristics; 

(3) cultural cohesiveness; or 

(4) any combination of features described in paragraphs (1) 

to (3). 
H. R. 1068—96 

§ 300306. Historic Preservation Fund 

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

the Historic Preservation Fund established under section 303101 

of this title. 

§ 300307. Historic preservation review commission 

In this division, the term ‘‘historic preservation review commission’’ means a board, council, commission, or other similar collegial 

body— 

(1) that is established by State or local legislation as provided 

in section 302503(a)(2) of this title; and 

(2) the members of which are appointed by the chief elected 

official of a jurisdiction (unless State or local law provides 

for appointment by another official) from among— 

(A) professionals in the disciplines of architecture, history, architectural history, planning, prehistoric and historic archeology, folklore, cultural anthropology, curation, 

conservation, and landscape architecture, or related disciplines, to the extent that those professionals are available 

in the community; and 

(B) other individuals who have demonstrated special 

interest, experience, or knowledge in history, architecture, 

or related disciplines and will provide for an adequate 

and qualified commission. 

§ 300308. Historic property 

In this division, the term ‘‘historic property’’ means any prehistoric or historic district, site, building, structure, or object 

included on, or eligible for inclusion on, the National Register, 

including artifacts, records, and material remains relating to the 

district, site, building, structure, or object. 

§ 300309. Indian tribe 

In this division, the term ‘‘Indian tribe’’ means an Indian tribe, 

band, nation, or other organized group or community, including 

a Native village, Regional Corporation or Village Corporation (as 

those terms are defined in section 3 of the Alaska Native Claims 

Settlement Act (43 U.S.C. 1602)), that is recognized as eligible 

for the special programs and services provided by the United States 

to Indians because of their status as Indians. 

§ 300310. Local government 

In this division, the term ‘‘local government’’ means a city, county, 

township, municipality, or borough, or any other general purpose 

political subdivision of any State. 

§ 300311. National Register 

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

Register of Historic Places maintained under chapter 3021 of this 

title. 

§ 300312. National Trust 

In this division, the term ‘‘National Trust’’ means the National 

Trust for Historic Preservation in the United States established 

under section 312102 of this title. 
H. R. 1068—97 

§ 300313. Native Hawaiian 

In this division, the term ‘‘Native Hawaiian’’ means any individual 

who is a descendant of the aboriginal people who, prior to 1778, 

occupied and exercised sovereignty in the area that now constitutes 

Hawaii. 

§ 300314. Native Hawaiian organization 

(a) IN GENERAL.—In this division, the term ‘‘Native Hawaiian 

organization’’ means any organization that— 

(1) serves and represents the interests of Native Hawaiians; 

(2) has as a primary and stated purpose the provision of 

services to Native Hawaiians; and 

(3) has demonstrated expertise in aspects of historic preservation that are culturally significant to Native Hawaiians. 

(b) INCLUSIONS.—In this division, the term ‘‘Native Hawaiian 

organization’’ includes the Office of Hawaiian Affairs of Hawaii 

and Hui Malama I Na Kupuna O Hawai’i Nei, an organization 

incorporated under the laws of the State of Hawaii. 

§ 300315. Preservation or historic preservation 

In this division, the term ‘‘preservation’’ or ‘‘historic preservation’’ 

includes— 

(1) identification, evaluation, recordation, documentation, 

curation, acquisition, protection, management, rehabilitation, 

restoration, stabilization, maintenance, research, interpretation, and conservation; 

(2) education and training regarding the foregoing activities; 

or 

(3) any combination of the foregoing activities. 

§ 300316. Secretary 

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

through the Director. 

§ 300317. State 

In this division, the term ‘‘State’’ means— 

(1) a State, the District of Columbia, Puerto Rico, Guam, 

American Samoa, the Virgin Islands, and the Northern Mariana 

Islands; and 

(2) the Republic of the Marshall Islands, the Federated States 

of Micronesia, and the Republic of Palau. 

§ 300318. State historic preservation review board 

In this division, the term ‘‘State historic preservation review 

board’’ means a board, council, commission, or other similar collegial 

body established as provided in section 302301(2) of this title— 

(1) the members of which are appointed by the State Historic 

Preservation Officer (unless otherwise provided for by State 

law); 

(2) a majority of the members of which are professionals 

qualified in history, prehistoric and historic archeology, 

architectural history, architecture, folklore, cultural anthropology, curation, conservation, landscape architecture, and 

related disciplines; and 

(3) that has the authority to— 

(A) review National Register nominations and appeals 

from nominations; 
H. R. 1068—98 

(B) review appropriate documentation submitted in 

conjunction with the Historic Preservation Fund; 

(C) provide general advice and guidance to the State 

Historic Preservation Officer; and 

(D) perform such other duties as may be appropriate. 

§ 300319. Tribal land 

In this division, the term ‘‘tribal land’’ means— 

(1) all land within the exterior boundaries of any Indian 

reservation; and 

(2) all dependent Indian communities. 

§ 300320. Undertaking 

In this division, the term ‘‘undertaking’’ means a project, activity, 

or program funded in whole or in part under the direct or indirect 

jurisdiction of a Federal agency, including— 

(1) those carried out by or on behalf of the Federal agency; 

(2) those carried out with Federal financial assistance; 

(3) those requiring a Federal permit, license, or approval; 

and 

(4) those subject to State or local regulation administered 

pursuant to a delegation or approval by a Federal agency. 

§ 300321. World Heritage Convention 

In this division, the term ‘‘World Heritage Convention’’ means 

the Convention concerning the Protection of the World Cultural 

and Natural Heritage, done at Paris November 23, 1972 (27 UST 

37). 

Subdivision 2—Historic Preservation 

Program 

Chapter 3021—National Register of 

Historic Places 

Sec. 

302101. Maintenance by Secretary. 

302102. Inclusion of properties on National Register. 

302103. Criteria and regulations relating to National Register, National Historic 

Landmarks, and World Heritage List. 302104. Nominations for inclusion on National Register. 

302105. Owner participation in nomination process. 

302106. Retention of name. 

302107. Regulations. 

302108. Review of threats to historic property. 

§ 302101. Maintenance by Secretary 

The Secretary may expand and maintain a National Register 

of Historic Places composed of districts, sites, buildings, structures, 

and objects significant in American history, architecture, archeology, 

engineering, and culture. 

§ 302102. Inclusion of properties on National Register 

(a) IN GENERAL.—A property that meets the criteria for National 

Historic Landmarks established pursuant to section 302103 of this 

title shall be designated as a National Historic Landmark and 

included on the National Register, subject to the requirements 

of section 302107 of this title. 
H. R. 1068—99 

(b) HISTORIC PROPERTY ON NATIONAL REGISTER ON DECEMBER

12, 1980.—All historic property included on the National Register 

on December 12, 1980, shall be deemed to be included on the 

National Register as of their initial listing for purposes of this 

division. 

(c) HISTORIC PROPERTY LISTED IN FEDERAL REGISTER OF FEBRUARY 6, 1979, OR PRIOR TO DECEMBER 12, 1980, AS NATIONAL

HISTORIC LANDMARKS.—All historic property listed in the Federal 

Register of February 6, 1979, or prior to December 12, 1980, as 

National Historic Landmarks are declared by Congress to be 

National Historic Landmarks of national historic significance as 

of their initial listing in the Federal Register for purposes of this 

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

of a National Historic Landmark district for which no boundaries 

had been established as of December 12, 1980, boundaries shall 

first be published in the Federal Register. 

§ 302103. Criteria and regulations relating to National Register, National Historic Landmarks, and World 

Heritage List 

The Secretary, in consultation with national historical and archeological associations, shall— 

(1) establish criteria for properties to be included on the 

National Register and criteria for National Historic Landmarks; 

and 

(2) promulgate regulations for— 

(A) nominating properties for inclusion on, and removal 

from, the National Register and the recommendation of 

properties by certified local governments; 

(B) designating properties as National Historic Landmarks and removing that designation; 

(C) considering appeals from recommendations, nominations, removals, and designations (or any failure or refusal 

by a nominating authority to nominate or designate); 

(D) nominating historic property for inclusion in the 

World Heritage List in accordance with the World Heritage 

Convention; 

(E) making determinations of eligibility of properties for 

inclusion on the National Register; and 

(F) notifying the owner of a property, any appropriate 

local governments, and the general public, when the property is being considered for inclusion on the National Register, for designation as a National Historic Landmark, 

or for nomination to the World Heritage List. 

§ 302104. Nominations for inclusion on National Register 

(a) NOMINATION BY STATE.—Subject to the requirements of section 

302107 of this title, any State that is carrying out a program 

approved under chapter 3023 shall nominate to the Secretary property that meets the criteria promulgated under section 302103 

of this title for inclusion on the National Register. Subject to section 

302107 of this title, any property nominated under this subsection 

or under section 306102 of this title shall be included on the 

National Register on the date that is 45 days after receipt by 

the Secretary of the nomination and the necessary documentation, 

unless the Secretary disapproves the nomination within the 45- 

day period or unless an appeal is filed under subsection (c). 
H. R. 1068—100 

(b) NOMINATION BY PERSON OR LOCAL GOVERNMENT.—Subject 

to the requirements of section 302107 of this title, the Secretary 

may accept a nomination directly from any person or local government for inclusion of a property on the National Register only 

if the property is located in a State where there is no program 

approved under chapter 3023 of this title. The Secretary may 

include on the National Register any property for which such a 

nomination is made if the Secretary determines that the property 

is eligible in accordance with the regulations promulgated under 

section 302103 of this title. The determination shall be made within 

90 days from the date of the nomination unless the nomination 

is appealed under subsection (c). 

(c) APPEAL.—Any person or local government may appeal to the 

Secretary— 

(1) a nomination of any property for inclusion on the National 

Register; and 

(2) the failure of a nominating authority to nominate a property in accordance with this chapter. 

§ 302105. Owner participation in nomination process 

(a) REGULATIONS.—The Secretary shall promulgate regulations 

requiring that before any property may be included on the National 

Register or designated as a National Historic Landmark, the owner 

of the property, or a majority of the owners of the individual 

properties within a district in the case of a historic district, shall 

be given the opportunity (including a reasonable period of time) 

to concur in, or object to, the nomination of the property for inclusion 

or designation. The regulations shall include provisions to carry 

out this section in the case of multiple ownership of a single 

property. 

(b) WHEN PROPERTY SHALL NOT BE INCLUDED ON NATIONAL

REGISTER OR DESIGNATED AS NATIONAL HISTORIC LANDMARK.—If 

the owner of any privately owned property, or a majority of the 

owners of privately owned properties within the district in the 

case of a historic district, object to inclusion or designation, the 

property shall not be included on the National Register or designated as a National Historic Landmark until the objection is 

withdrawn. 

(c) REVIEW BY SECRETARY.—The Secretary shall review the 

nomination of the property when an objection has been made and 

shall determine whether or not the property is eligible for inclusion 

or designation. If the Secretary determines that the property is 

eligible for inclusion or designation, the Secretary shall inform 

the Advisory Council on Historic Preservation, the appropriate State 

Historic Preservation Officer, the appropriate chief elected local 

official, and the owner or owners of the property of the Secretary’s 

determination. 

§ 302106. Retention of name 

Notwithstanding section 43(c) of the Act of July 5, 1946 (known 

as the Trademark Act of 1946) (15 U.S.C. 1125(c)), buildings and 

structures on or eligible for inclusion on the National Register 

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

as an individual landmark or as a contributing building in a historic 

district by a unit of State or local government, may retain the 

name historically associated with the building or structure. 
H. R. 1068—101 

§ 302107. Regulations 

The Secretary shall promulgate regulations— 

(1) ensuring that significant prehistoric and historic artifacts, 

and associated records, subject to subchapter I of chapter 3061, 

chapter 3125, or the Archaeological Resources Protection Act 

of 1979 (16 U.S.C. 470aa et seq.) are deposited in an institution 

with adequate long-term curatorial capabilities; 

(2) establishing a uniform process and standards for documenting historic property by public agencies and private parties 

for purposes of incorporation into, or complementing, the 

national historical architectural and engineering records in the 

Library of Congress; and 

(3) certifying local governments, in accordance with sections 

302502 and 302503 of this title, and for the transfer of funds 

pursuant to section 302902(c)(4) of this title. 

§ 302108. Review of threats to historic property 

At least once every 4 years, the Secretary, in consultation with 

the Council and with State Historic Preservation Officers, shall 

review significant threats to historic property to— 

(1) determine the kinds of historic property that may be 

threatened; 

(2) ascertain the causes of the threats; and 

(3) develop and submit to the President and Congress recommendations for appropriate action. 

Chapter 3023—State Historic Preservation 

Programs 

Sec. 

302301. Regulations. 

302302. Program evaluation. 

302303. Responsibilities of State Historic Preservation Officer. 

302304. Contracts and cooperative agreements. 

§ 302301. Regulations 

The Secretary, in consultation with the National Conference of 

State Historic Preservation Officers and the National Trust, shall 

promulgate regulations for State Historic Preservation Programs. 

The regulations shall provide that a State program submitted to 

the Secretary under this chapter shall be approved by the Secretary 

if the Secretary determines that the program provides for— 

(1) the designation and appointment by the chief elected 

official of the State of a State Historic Preservation Officer 

to administer the program in accordance with section 302303 

of this title and for the employment or appointment by the 

officer of such professionally qualified staff as may be necessary 

for those purposes; 

(2) an adequate and qualified State historic preservation 

review board designated by the State Historic Preservation 

Officer unless otherwise provided for by State law; and 

(3) adequate public participation in the State Historic 

Preservation Program, including the process of recommending 

properties for nomination to the National Register. 
H. R. 1068—102 

§ 302302. Program evaluation 

(a) WHEN EVALUATION SHOULD OCCCUR.—Periodically, but not 

less than every 4 years after the approval of any State program 

under section 302301 of this title, the Secretary, in consultation 

with the Council on the appropriate provisions of this division, 

and in cooperation with the State Historic Preservation Officer, 

shall evaluate the program to determine whether it is consistent 

with this division. 

(b) DISAPPROVAL OF PROGRAM.—If, at any time, the Secretary 

determines that a major aspect of a State program is not consistent 

with this division, the Secretary shall disapprove the program and 

suspend in whole or in part any contracts or cooperative agreements 

with the State and the State Historic Preservation Officer under 

this division, until the program is consistent with this division, 

unless the Secretary determines that the program will be made 

consistent with this division within a reasonable period of time. 

(c) OVERSIGHT.—The Secretary, in consultation with State Historic Preservation Officers, shall establish oversight methods to 

ensure State program consistency and quality without imposing 

undue review burdens on State Historic Preservation Officers. 

(d) STATE FISCAL AUDIT AND MANAGEMENT SYSTEM.— 

(1) SUBSTITUTION FOR COMPARABLE FEDERAL SYSTEMS.—At 

the discretion of the Secretary, a State system of fiscal audit 

and management may be substituted for comparable Federal 

systems so long as the State system— 

(A) establishes and maintains substantially similar 

accountability standards; and 

(B) provides for independent professional peer review. 

(2) FISCAL AUDITS AND REVIEW BY SECRETARY.—The Secretary— 

(A) may conduct periodic fiscal audits of State programs 

approved under this subdivision as needed; and 

(B) shall ensure that the programs meet applicable 

accountability standards. 

§ 302303. Responsibilities of State Historic Preservation 

Officer 

(a) IN GENERAL.—It shall be the responsibility of the State Historic Preservation Officer to administer the State Historic Preservation Program. 

(b) PARTICULAR RESPONSIBILITIES.—It shall be the responsibility 

of the State Historic Preservation Officer to— 

(1) in cooperation with Federal and State agencies, local 

governments, and private organizations and individuals, direct 

and conduct a comprehensive statewide survey of historic property and maintain inventories of the property; 

(2) identify and nominate eligible property to the National 

Register and otherwise administer applications for listing historic property on the National Register; 

(3) prepare and implement a comprehensive statewide historic preservation plan; 

(4) administer the State program of Federal assistance for 

historic preservation within the State; 

(5) advise and assist, as appropriate, Federal and State agencies and local governments in carrying out their historic 

preservation responsibilities; 
H. R. 1068—103 

(6) cooperate with the Secretary, the Council, other Federal 

and State agencies, local governments, and private organizations and individuals to ensure that historic property is taken 

into consideration at all levels of planning and development; 

(7) provide public information, education, and training and 

technical assistance in historic preservation; 

(8) cooperate with local governments in the development of 

local historic preservation programs and assist local governments in becoming certified pursuant to chapter 3025; 

(9) consult with appropriate Federal agencies in accordance 

with this division on— 

(A) Federal undertakings that may affect historic property; and 

(B) the content and sufficiency of any plans developed 

to protect, manage, or reduce or mitigate harm to that 

property; and 

(10) advise and assist in the evaluation of proposals for 

rehabilitation projects that may qualify for Federal assistance. 

§ 302304. Contracts and cooperative agreements 

(a) STATE.—A State may carry out all or any part of its responsibilities under this chapter by contract or cooperative agreement 

with a qualified nonprofit organization or educational institution. 

(b) SECRETARY.— 

(1) IN GENERAL.— (A) AUTHORITY TO ASSIST SECRETARY.—Subject to paragraphs (3) and (4), the Secretary may enter into contracts 

or cooperative agreements with a State Historic Preservation Officer for any State authorizing the Officer to assist 

the Secretary in carrying out one or more of the following 

responsibilities within that State: 

(i) Identification and preservation of historic property. 

(ii) Determination of the eligibility of property for 

listing on the National Register. 

(iii) Preparation of nominations for inclusion on the 

National Register. 

(iv) Maintenance of historical and archeological data 

bases. 

(v) Evaluation of eligibility for Federal preservation 

incentives. 

(B) AUTHORITY TO MAINTAIN NATIONAL REGISTER.— 

Nothing in subparagraph (A) shall be construed to provide 

that any State Historic Preservation Officer or any other 

person other than the Secretary shall have the authority 

to maintain the National Register for properties in any 

State. 

(2) REQUIREMENTS.—The Secretary may enter into a contract 

or cooperative agreement under paragraph (1) only if— 

(A) the State Historic Preservation Officer has requested 

the additional responsibility; 

(B) the Secretary has approved the State historic 

preservation program pursuant to sections 302301 and 

302302 of this title; 

(C) the State Historic Preservation Officer agrees to carry 

out the additional responsibility in a timely and efficient 

manner acceptable to the Secretary and the Secretary 
H. R. 1068—104 

determines that the Officer is fully capable of carrying 

out the responsibility in that manner; 

(D) the State Historic Preservation Officer agrees to 

permit the Secretary to review and revise, as appropriate 

in the discretion of the Secretary, decisions made by the 

Officer pursuant to the contract or cooperative agreement; 

and 

(E) the Secretary and the State Historic Preservation 

Officer agree on the terms of additional financial assistance 

to the State, if there is to be any, for the costs of carrying 

out that responsibility. 

(3) ESTABLISH CONDITIONS AND CRITERIA.—For each significant program area under the Secretary’s authority, the Secretary shall establish specific conditions and criteria essential 

for the assumption by a State Historic Preservation Officer 

of the Secretary’s duties in each of those programs. 

(4) PRESERVATION PROGRAMS AND ACTIVITIES NOT DIMINISHED.—Nothing in this chapter shall have the effect of diminishing the preservation programs and activities of the Service. 

Chapter 3025—Certification of Local 

Governments 

Sec. 

302501. Definitions. 

302502. Certification as part of State program. 

302503. Requirements for certification. 

302504. Participation of certified local governments in National Register nominations. 

302505. Eligibility and responsibility of certified local government. 

§ 302501. Definitions 

In this chapter: 

(1) DESIGNATION.—The term ‘‘designation’’ means the identification and registration of property for protection that meets 

criteria established by a State or locality for significant historic 

property within the jurisdiction of a local government. 

(2) PROTECTION.—The term ‘‘protection’’ means protection by 

means of a local review process under State or local law for 

proposed demolition of, changes to, or other action that may 

affect historic property designated pursuant to this chapter. 

§ 302502. Certification as part of State program 

Any State program approved under this subdivision shall provide 

a mechanism for the certification by the State Historic Preservation 

Officer of local governments to carry out the purposes of this division 

and provide for the transfer, in accordance with section 302902(c)(4) 

of this title, of a portion of the grants received by the States 

under this division, to those local governments. 

§ 302503. Requirements for certification 

(a) APPROVED STATE PROGRAM.—Any local government shall be 

certified to participate under this section if the applicable State 

Historic Preservation Officer, and the Secretary, certify that the 

local government— 

(1) enforces appropriate State or local legislation for the 

designation and protection of historic property; 
H. R. 1068—105 

(2) has established an adequate and qualified historic 

preservation review commission by State or local legislation; 

(3) maintains a system for the survey and inventory of historic property that furthers the purposes of chapter 3023; 

(4) provides for adequate public participation in the local 

historic preservation program, including the process of recommending properties for nomination to the National Register; 

and 

(5) satisfactorily performs the responsibilities delegated to 

it under this division. 

(b) NO APPROVED STATE PROGRAM.—Where there is no State 

program approved under sections 302301 and 302302 of this title, 

a local government may be certified by the Secretary if the Secretary 

determines that the local government meets the requirements of 

subsection (a). The Secretary may make grants to the local government certified under this subsection for purposes of this subdivision. 

§ 302504. Participation of certified local governments in 

National Register nominations 

(a) NOTICE.—Before a property within the jurisdiction of a certified local government may be considered by a State to be nominated to the Secretary for inclusion on the National Register, the 

State Historic Preservation Officer shall notify the owner, the 

applicable chief local elected official, and the local historic preservation commission. 

(b) REPORT.—The local historic preservation commission, after 

reasonable opportunity for public comment, shall prepare a report 

as to whether the property, in the Commission’s opinion, meets 

the criteria of the National Register. Within 60 days of notice 

from the State Historic Preservation Officer, the chief local elected 

official shall transmit the report of the commission and the recommendation of the local official to the State Historic Preservation 

Officer. 

(c) RECOMMENDATION.— 

(1) PROPERTY NOMINATED TO NATIONAL REGISTER.—Except 

as provided in paragraph (2), after receipt of the report and 

recommendation, or if no report and recommendation are 

received within 60 days, the State shall make the nomination 

pursuant to section 302104 of this title. The State may expedite 

the process with the concurrence of the certified local government. 

(2) PROPERTY NOT NOMINATED TO NATIONAL REGISTER.—If 

both the commission and the chief local elected official recommend that a property not be nominated to the National 

Register, the State Historic Preservation Officer shall take 

no further action, unless, within 30 days of the receipt of 

the recommendation by the State Historic Preservation Officer, 

an appeal is filed with the State. If an appeal is filed, the 

State shall follow the procedures for making a nomination 

pursuant to section 302104 of this title. Any report and recommendations made under this section shall be included with 

any nomination submitted by the State to the Secretary. 

§ 302505. Eligibility and responsibility of certified local 

government 

Any local government— 
H. R. 1068—106 

(1) that is certified under this chapter shall be eligible for 

funds under section 302902(c)(4) of this title; and 

(2) that is certified, or making efforts to become certified, 

under this chapter shall carry out any responsibilities delegated 

to it in accordance with such terms and conditions as the 

Secretary considers necessary or advisable. 

Chapter 3027—Historic Preservation Programs and Authorities for Indian Tribes 

and Native Hawaiian Organizations 

Sec. 

302701. Program to assist Indian tribes in preserving historic property. 

302702. Indian tribe to assume functions of State Historic Preservation Officer. 

302703. Apportionment of grant funds. 

302704. Contracts and cooperative agreements. 

302705. Agreement for review under tribal historic preservation regulations. 

302706. Eligibility for inclusion on National Register. 

§ 302701. Program to assist Indian tribes in preserving historic property 

(a) ESTABLISHMENT OF PROGRAM.—The Secretary shall establish 

a program and promulgate regulations to assist Indian tribes in 

preserving their historic property. 

(b) COMMUNICATION AND COOPERATION.—The Secretary shall 

foster communication and cooperation between Indian tribes and 

State Historic Preservation Officers in the administration of the 

national historic preservation program to— 

(1) ensure that all types of historic property and all public 

interests in historic property are given due consideration; and 

(2) encourage coordination among Indian tribes, State Historic Preservation Officers, and Federal agencies in historic 

preservation planning and in the identification, evaluation, 

protection, and interpretation of historic property. 

(c) TRIBAL VALUES.—The program under subsection (a) shall be 

developed in a manner to ensure that tribal values are taken 

into account to the extent feasible. The Secretary may waive or 

modify requirements of this subdivision to conform to the cultural 

setting of tribal heritage preservation goals and objectives. 

(d) SCOPE OF TRIBAL PROGRAMS.—The tribal programs implemented by specific tribal organizations may vary in scope, as determined by each Indian tribe’s chief governing authority. 

(e) CONSULTATION.—The Secretary shall consult with Indian 

tribes, other Federal agencies, State Historic Preservations Officers, 

and other interested parties concerning the program under subsection (a). 

§ 302702. Indian tribe to assume functions of State Historic 

Preservation Officer 

An Indian tribe may assume all or any part of the functions 

of a State Historic Preservation Officer in accordance with sections 

302302 and 302303 of this title, with respect to tribal land, as 

those responsibilities may be modified for tribal programs through 

regulations issued by the Secretary, if— 

(1) the Indian tribe’s chief governing authority so requests; 

(2) the Indian tribe designates a tribal preservation official 

to administer the tribal historic preservation program, through 
H. R. 1068—107 

appointment by the Indian tribe’s chief governing authority 

or as a tribal ordinance may otherwise provide; 

(3) the tribal preservation official provides the Secretary with 

a plan describing how the functions the tribal preservation 

official proposes to assume will be carried out; 

(4) the Secretary determines, after consulting with the Indian 

tribe, the appropriate State Historic Preservation Officer, the 

Council (if the Indian tribe proposes to assume the functions 

of the State Historic Preservation Officer with respect to review 

of undertakings under section 306108 of this title), and other 

Indian tribes, if any, whose tribal or aboriginal land may be 

affected by conduct of the tribal preservation program, that— 

(A) the tribal preservation program is fully capable of 

carrying out the functions specified in the plan provided 

under paragraph (3); 

(B) the plan defines the remaining responsibilities of 

the Secretary and the State Historic Preservation Officer; 

and 

(C) the plan provides, with respect to properties neither 

owned by a member of the Indian tribe nor held in trust 

by the Secretary for the benefit of the Indian tribe, at 

the request of the owner of the properties, that the State 

Historic Preservation Officer, in addition to the tribal 

preservation official, may exercise the historic preservation 

responsibilities in accordance with sections 302302 and 

302303 of this title; and 

(5) based on satisfaction of the conditions stated in paragraphs (1), (2), (3), and (4), the Secretary approves the plan. 

§ 302703. Apportionment of grant funds 

In consultation with interested Indian tribes, other Native American organizations, and affected State Historic Preservation Officers, 

the Secretary shall establish and implement procedures for carrying 

out section 302902(c)(1)(A) of this title with respect to tribal programs that assume responsibilities under section 302702 of this 

title. 

§ 302704. Contracts and cooperative agreements 

At the request of an Indian tribe whose preservation program 

has been approved to assume functions and responsibilities pursuant to section 302702 of this title, the Secretary shall enter into 

a contract or cooperative agreement with the Indian tribe permitting 

the assumption by the Indian tribe of any part of the responsibilities 

described in section 302304(b) of this title on tribal land, if— 

(1) the Secretary and the Indian tribe agree on additional 

financial assistance, if any, to the Indian tribe for the costs 

of carrying out those authorities; 

(2) the Secretary finds that the tribal historic preservation 

program has been demonstrated to be sufficient to carry out 

the contract or cooperative agreement and this division; and 

(3) the contract or cooperative agreement specifies the continuing responsibilities of the Secretary or of the appropriate 

State Historic Preservation Officers and provides for appropriate participation by— 

(A) the Indian tribe’s traditional cultural authorities; 
H. R. 1068—108 

(B) representatives of other Indian tribes whose traditional land is under the jurisdiction of the Indian tribe 

assuming responsibilities; and 

(C) the interested public. 

§ 302705. Agreement for review under tribal historic 

preservation regulations 

The Council may enter into an agreement with an Indian tribe 

to permit undertakings on tribal land to be reviewed under tribal 

historic preservation regulations in place of review under regulations promulgated by the Council to govern compliance with section 

306108 of this title, if the Council, after consultation with the 

Indian tribe and appropriate State Historic Preservation Officers, 

determines that the tribal preservation regulations will afford historic property consideration equivalent to that afforded by the Council’s regulations. 

§ 302706. Eligibility for inclusion on National Register 

(a) IN GENERAL.—Property of traditional religious and cultural 

importance to an Indian tribe or Native Hawaiian organization 

may be determined to be eligible for inclusion on the National 

Register. 

(b) CONSULTATION.—In carrying out its responsibilities under section 306108 of this title, a Federal agency shall consult with any 

Indian tribe or Native Hawaiian organization that attaches religious 

and cultural significance to property described in subsection (a). 

(c) HAWAII.—In carrying out responsibilities under section 302303 

of this title, the State Historic Preservation Officer for Hawaii 

shall— 

(1) consult with Native Hawaiian organizations in assessing 

the cultural significance of any property in determining whether 

to nominate the property to the National Register; 

(2) consult with Native Hawaiian organizations in developing 

the cultural component of a preservation program or plan for 

the property; and 

(3) enter into a memorandum of understanding or agreement 

with Native Hawaiian organizations for the assessment of the 

cultural significance of a property in determining whether to 

nominate the property to the National Register and to carry 

out the cultural component of the preservation program or 

plan. 

Chapter 3029—Grants 

Sec. 

302901. Awarding of grants and availability of grant funds. 

302902. Grants to States. 

302903. Grants to National Trust. 

302904. Direct grants for the preservation of properties included on National Register. 

302905. Religious property. 

302906. Grants and loans to Indian tribes and nonprofit organizations representing ethnic or minority groups. 

302907. Grants to Indian tribes and Native Hawaiian organizations. 

302908. Grants to the Federated States of Micronesia, the Republic of the Marshall Islands, and the Republic of Palau. 

302909. Prohibited use of grant amounts. 

302910. Recordkeeping. 
H. R. 1068—109 

§ 302901. Awarding of grants and availability of grant funds 

(a) IN GENERAL.—No grant may be made under this division 

unless application for the grant is submitted to the Secretary in 

accordance with regulations and procedures prescribed by the Secretary. 

(b) GRANT NOT TREATED AS TAXABLE INCOME.—No grant made 

pursuant to this division shall be treated as taxable income for 

purposes of the Internal Revenue Code of 1986 (26 U.S.C. 1 et 

seq.). 

(c) AVAILABILITY.—The Secretary shall make funding available 

to individual States and the National Trust as soon as practicable 

after execution of a grant agreement. For purposes of administration, grants to individual States and the National Trust each shall 

be deemed to be one grant and shall be administered by the Service 

as one grant. 

§ 302902. Grants to States 

(a) IN GENERAL.—The Secretary shall administer a program of 

matching grants to the States for the purposes of carrying out 

this division. 

(b) CONDITIONS.— (1) In general.—No grant may be made under this division— 

(A) unless the application is in accordance with the comprehensive statewide historic preservation plan that has 

been approved by the Secretary after considering its relationship to the comprehensive statewide outdoor recreation 

plan prepared pursuant to chapter 2003 of this title; 

(B) unless the grantee has agreed to make reports, in 

such form and containing such information, as the Secretary may from time to time require; 

(C) unless the grantee has agreed to assume, after 

completion of the project, the total cost of the continued 

maintenance, repair, and administration of the property 

in a manner satisfactory to the Secretary; or 

(D) until the grantee has complied with such further 

terms and conditions as the Secretary may consider necessary or advisable. 

(2) WAIVER.—The Secretary may waive the requirements of 

subparagraphs (A) and (C) of paragraph (1) for any grant 

under this division to the National Trust. 

(3) AMOUNT LIMITATION.— 

(A) IN GENERAL.—No grant may be made under this 

division for more than 60 percent of the aggregate costs 

of carrying out projects and programs under the administrative control of the State Historic Preservation Officer 

as specified in section 302303 of this title in any one 

fiscal year. 

(B) SOURCE OF STATE SHARE OF COSTS.—Except as permitted by other law, the State share of the costs referred 

to in subparagraph (A) shall be contributed by non-Federal 

sources. 

(4) RESTRICTION ON USE OF REAL PROPERTY TO MEET NONFEDERAL SHARE OF COST OF PROJECT.—No State shall be permitted to utilize the value of real property obtained before 

October 15, 1966, in meeting the non-Federal share of the 

cost of a project for which a grant is made under this division. 

(c) APPORTIONMENT OF GRANT AMOUNTS.— 
H. R. 1068—110 

(1) BASES FOR APPORTIONMENT.—The amounts appropriated 

and made available for grants to the States— 

(A) for the purposes of this division shall be apportioned 

among the States by the Secretary on the basis of needs 

as determined by the Secretary; and 

(B) for projects and programs under this division for 

each fiscal year shall be apportioned among the States 

as the Secretary determines to be appropriate. 

(2) NOTIFICATION.—The Secretary shall notify each State of 

its apportionment under paragraph (1)(B) within 30 days after 

the date of enactment of legislation appropriating funds under 

this division. 

(3) REAPPORTIONMENT.—Any amount of any apportionment 

that has not been paid or obligated by the Secretary during 

the fiscal year in which the notification is given or during 

the 2 fiscal years after that fiscal year shall be reapportioned 

by the Secretary in accordance with paragraph (1)(B). The 

Secretary shall analyze and revise as necessary the method 

of apportionment. The method and any revision shall be published by the Secretary in the Federal Register. 

(4) TRANSFER OF FUNDS TO CERTIFIED LOCAL GOVERNMENTS.— 

Not less than 10 percent of the annual apportionment distributed by the Secretary to each State for the purposes of carrying 

out this division shall be transferred by the State, pursuant 

to the requirements of this division, to certified local governments for historic preservation projects or programs of the 

certified local governments. In any year in which the total 

annual apportionment to the States exceeds $65,000,000, 50 

percent of the excess shall also be transferred by the States 

to certified local governments. 

(5) GUIDELINES FOR USE AND DISTRIBUTION OF FUNDS TO

CERTIFIED LOCAL GOVERNMENTS.—The Secretary shall establish 

guidelines for the use and distribution of funds under paragraph 

(4) to ensure that no certified local government receives a 

disproportionate share of the funds available, and may include 

a maximum or minimum limitation on the amount of funds 

distributed to any single certified local government. The guidelines shall not limit the ability of any State to distribute more 

than 10 percent of its annual apportionment under paragraph 

(4), nor shall the Secretary require any State to exceed the 

10 percent minimum distribution to certified local governments. 

(d) ADMINISTRATIVE COSTS.—The total direct and indirect 

administrative costs charged for carrying out State projects and 

programs shall not exceed 25 percent of the aggregate costs (except 

in the case of a grant to the Federated States of Micronesia, the 

Republic of the Marshall Islands, or the Republic of Palau). 

§ 302903. Grants to National Trust 

(a) SECRETARY OF THE INTERIOR.—The Secretary may administer 

grants to the National Trust consistent with the purposes of its 

charter and this division. 

(b) SECRETARY OF HOUSING AND URBAN DEVELOPMENT.—The Secretary of Housing and Urban Development may make grants to 

the National Trust, on terms and conditions and in amounts (not 

exceeding $90,000 with respect to any one structure) as the Secretary of Housing and Urban Development considers appropriate, 

to cover the costs incurred by the National Trust in renovating 
H. R. 1068—111 

or restoring structures that the National Trust considers to be 

of historic or architectural value and that the National Trust has 

accepted and will maintain (after the renovation or restoration) 

for historic purposes. 

§ 302904. Direct grants for the preservation of properties 

included on National Register 

(a) ADMINISTRATION OF PROGRAM.—The Secretary shall administer a program of direct grants for the preservation of properties 

included on the National Register. 

(b) AVAILABLE AMOUNT.—Funds to support the program annually 

shall not exceed 10 percent of the amount appropriated annually 

for the Historic Preservation Fund. 

(c) USES OF GRANTS.— 

(1) IN GENERAL.—Grants under this section may be made 

by the Secretary, in consultation with the appropriate State 

Historic Preservation Officer— 

(A) for the preservation of— 

(i) National Historic Landmarks that are threatened 

with demolition or impairment; and 

(ii) historic property of World Heritage significance; 

(B) for demonstration projects that will provide information concerning professional methods and techniques 

having application to historic property; 

(C) for the training and development of skilled labor 

in trades and crafts, and in analysis and curation, relating 

to historic preservation; and 

(D) to assist individuals or small businesses within any 

historic district included on the National Register to remain 

within the district. 

(2) LIMIT ON CERTAIN GRANTS.—A grant may be made under 

subparagraph (A) or (D) of paragraph (1) only to the extent 

that the project cannot be carried out in as effective a manner 

through the use of an insured loan under section 303901 of 

this title. 

§ 302905. Religious property 

(a) IN GENERAL.—Grants may be made under this chapter for 

the preservation, stabilization, restoration, or rehabilitation of religious property listed on the National Register if the purpose of 

the grant— 

(1) is secular; 

(2) does not promote religion; and 

(3) seeks to protect qualities that are historically significant. 

(b) EFFECT OF SECTION.—Nothing in this section shall be construed to authorize the use of any funds made available under 

this subdivision for the acquisition of any religious property listed 

on the National Register. 

§ 302906. Grants and loans to Indian tribes and nonprofit 

organizations representing ethnic or minority 

groups 

The Secretary may, in consultation with the appropriate State 

Historic Preservation Officer, make grants or loans or both under 

this subdivision to Indian tribes and to nonprofit organizations 

representing ethnic or minority groups for the preservation of their 

cultural heritage. 
H. R. 1068—112 

§ 302907. Grants to Indian tribes and Native Hawaiian 

organizations 

The Secretary shall administer a program of direct grants to 

Indian tribes and Native Hawaiian organizations for the purpose 

of carrying out this division as it pertains to Indian tribes and 

Native Hawaiian organizations. Matching fund requirements may 

be modified. Federal funds available to an Indian tribe or Native 

Hawaiian organization may be used as matching funds for the 

purposes of the Indian tribe’s or Native Hawaiian organization’s 

conducting its responsibilities pursuant to this subdivision. 

§ 302908. Grants to the Federated States of Micronesia, the 

Republic of the Marshall Islands, and the 

Republic of Palau 

(a) IN GENERAL.—As part of the program of matching grant 

assistance from the Historic Preservation Fund to States, the Secretary shall administer a program of direct grants to the Federated 

States of Micronesia, the Republic of the Marshall Islands, and 

the Republic of Palau in furtherance of the Compact of Free Association between the United States and the Federated States of Micronesia and the Marshall Islands, approved by the Compact of Free 

Association Act of 1985 (48 U.S.C. 1901 et seq., 2001 et seq.), 

and the Compact of Free Association between the United States 

and Palau, approved by the Joint Resolution entitled ‘‘Joint Resolution to approve the ‘Compact of Free Association’ between the 

United States and Government of Palau, and for other purposes’’ 

(48 U.S.C. 1931 et seq.) or any successor enactment. 

(b) GOAL OF PROGRAM.—The goal of the program shall be to 

establish historic and cultural preservation programs that meet 

the unique needs of each of those nations so that at the termination 

of the compacts the programs shall be firmly established. 

(c) BASIS OF ALLOCATING AMOUNTS.—The amounts to be made 

available under this subsection shall be allocated by the Secretary 

on the basis of needs as determined by the Secretary. 

(d) WAIVERS AND MODIFICATIONS.—The Secretary may waive or 

modify the requirements of this subdivision to conform to the cultural setting of those nations. Matching funds may be waived or 

modified. 

§ 302909. Prohibited use of grant amounts 

No part of any grant made under this subdivision shall be used 

to compensate any person intervening in any proceeding under 

this division. 

§ 302910. Recordkeeping 

A recipient of assistance under this division shall keep— 

(1) such records as the Secretary shall prescribe, including 

records that fully disclose— 

(A) the disposition by the recipient of the proceeds of 

the assistance; 

(B) the total cost of the project or undertaking in connection with which the assistance is given or used; and 

(C) the amount and nature of that portion of the cost 

of the project or undertaking supplied by other sources; 

and 

(2) such other records as will facilitate an effective audit. 
H. R. 1068—113 

Chapter 3031—Historic Preservation Fund 

Sec. 

303101. Establishment. 

303102. Content. 

303103. Use and availability. 

§ 303101. Establishment 

To carry out this division (except chapter 3041) and chapter 

3121, there is established in the Treasury the Historic Preservation 

Fund. 

§ 303102. Contents 

For each of fiscal years 2012 to 2015, $150,000,000 shall be 

deposited in the Historic Preservation Fund from revenues due 

and payable to the United States under section 9 of the Outer 

Continental Shelf Lands Act (43 U.S.C. 1338), section 7433(b) of 

title 10, or both, notwithstanding any provision of law that those 

proceeds shall be credited to miscellaneous receipts of the Treasury. 

§ 303103. Use and availability 

Amounts in the Historic Preservation Fund shall be used only 

to carry out this division and shall be available for expenditure 

only when appropriated by Congress. Any amount not appropriated 

shall remain available in the Historic Preservation Fund until 

appropriated for those purposes. Appropriations made pursuant 

to this section may be made without fiscal year limitation. 

Chapters 3033 Through 3037—Reserved 

Chapter 3039—Miscellaneous 

Sec. 

303901. Loan insurance program for preservation of property included on National 

Register. 

303902. Training in, and dissemination of information concerning, professional 

methods and techniques for preservation of historic property. 

303903. Preservation education and training program. 

§ 303901. Loan insurance program for preservation of property included on National Register 

(a) ESTABLISHMENT.—The Secretary shall establish and maintain 

a program by which the Secretary may, on application of a private 

lender, insure loans (including loans made in accordance with a 

mortgage) made by the lender to finance any project for the 

preservation of a property included on the National Register. 

(b) LOAN QUALIFICATIONS.—A loan may be insured under this 

section if— 

(1) the loan is made by a private lender approved by the 

Secretary as financially sound and able to service the loan 

properly; 

(2) the amount of the loan, and interest rate charged with 

respect to the loan, do not exceed the amount and rate established by the Secretary by regulation; 

(3) the Secretary has consulted the appropriate State Historic 

Preservation Officer concerning the preservation of the historic 

property; 
H. R. 1068—114 

(4) the Secretary has determined that the loan is adequately 

secured and there is reasonable assurance of repayment; 

(5) the repayment period of the loan does not exceed the 

lesser of 40 years or the expected life of the asset financed; 

(6) the amount insured with respect to the loan does not 

exceed 90 percent of the loss sustained by the lender with 

respect to the loan; and 

(7) the loan, the borrower, and the historic property to be 

preserved meet such other terms and conditions as may be 

prescribed by the Secretary by regulation, especially terms 

and conditions relating to the nature and quality of the 

preservation work. 

(c) CONSULTATION.—The Secretary shall consult with the Secretary of the Treasury regarding the interest rate of loans insured 

under this section. 

(d) LIMITATION ON AMOUNT OF UNPAID PRINCIPAL BALANCE OF

LOANS.—The aggregate unpaid principal balance of loans insured 

under this section may not exceed the amount that has been deposited in the Historic Preservation Fund but which has not been 

appropriated for any purpose. 

(e) INSURANCE CONTRACTS.—Any contract of insurance executed 

by the Secretary under this section may be assignable, shall be 

an obligation supported by the full faith and credit of the United 

States, and shall be incontestable except for fraud or misrepresentation of which the holder had actual knowledge at the time it 

became a holder. 

(f) CONDITIONS AND METHODS OF PAYMENT AS RESULT OF LOSS.— 

The Secretary shall specify, by regulation and in each contract 

entered into under this section, the conditions and method of payment to a private lender as a result of losses incurred by the 

lender on any loan insured under this section. 

(g) PROTECTION OF FINANCIAL INTERESTS OF FEDERAL GOVERNMENT.—In entering into any contract to insure a loan under this 

section, the Secretary shall take steps to ensure adequate protection 

of the financial interests of the Federal Government. The Secretary 

may— 

(1) in connection with any foreclosure proceeding, obtain, 

on behalf of the Federal Government, the historic property 

securing a loan insured under this section; and 

(2) operate or lease the historic property for such period 

as may be necessary to protect the interest of the Federal 

Government and to carry out subsection (h). 

(h) CONVEYANCE TO GOVERNMENTAL OR NONGOVERNMENTAL

ENTITY OF PROPERTY ACQUIRED BY FORECLOSURE.— 

(1) ATTEMPT TO CONVEY TO ENSURE PROPERTY’S PRESERVATION

AND USE.—In any case in which historic property is obtained 

pursuant to subsection (g), the Secretary shall attempt to 

convey the property to any governmental or nongovernmental 

entity under conditions that will ensure the property’s continued preservation and use. If, after a reasonable time, the Secretary, in consultation with the Council, determines that there 

is no feasible and prudent means to convey the property and 

to ensure its continued preservation and use, the Secretary 

may convey the property at the fair market value of its interest 

in the property to any entity without restriction. 
H. R. 1068—115 

(2) DISPOSITION OF FUNDS.—Any funds obtained by the Secretary in connection with the conveyance of any historic property pursuant to paragraph (1) shall be deposited in the Historic 

Preservation Fund and shall remain available in the Historic 

Preservation Fund until appropriated by Congress to carry 

out this division. 

(i) ASSESSMENT OF FEES IN CONNECTION WITH INSURING LOANS.— 

The Secretary may assess appropriate and reasonable fees in 

connection with insuring loans under this section. The fees shall 

be deposited in the Historic Preservation Fund and shall remain 

available in the Historic Preservation Fund until appropriated by 

Congress to carry out this division. 

(j) TREATMENT OF LOANS AS NON-FEDERAL FUNDS.—Notwithstanding any other provision of law, any loan insured under this 

section shall be treated as non-Federal funds for the purposes 

of satisfying any requirement of any other provision of law under 

which Federal funds to be used for any project or activity are 

conditioned on the use of non-Federal funds by the recipient for 

payment of any portion of the costs of the project or activity. 

(k) INELIGIBILITY OF DEBT OBLIGATION FOR PURCHASE OR COMMITMENT TO PURCHASE BY, OR SALE OR ISSUANCE TO, FEDERAL

FINANCING BANK.—No debt obligation that is made or committed 

to be made, or that is insured or committed to be insured, by 

the Secretary under this section shall be eligible for purchase by, 

or commitment to purchase by, or sale or issuance to, the Federal 

Financing Bank. 

§ 303902. Training in, and dissemination of information concerning, professional methods and techniques for 

preservation of historic property 

The Secretary shall develop and make available to Federal agencies, State and local governments, private organizations and individuals, and other nations and international organizations pursuant 

to the World Heritage Convention, training in, and information 

concerning, professional methods and techniques for the preservation of historic property and for the administration of the historic 

preservation program at the Federal, State, and local level. The 

Secretary shall also develop mechanisms to provide information 

concerning historic preservation to the general public including 

students. 

§ 303903. Preservation education and training program 

The Secretary, in consultation with the Council and other appropriate Federal, tribal, Native Hawaiian, and non-Federal organizations, shall develop and implement a comprehensive preservation 

education and training program. The program shall include— 

(1) standards and increased preservation training opportunities for Federal workers involved in preservation-related functions; 

(2) preservation training opportunities for other Federal, 

State, tribal and local government workers, and students; 

(3) technical or financial assistance, or both, to historically 

black colleges and universities, to tribal colleges, and to colleges 

with a high enrollment of Native Americans or Native Hawaiians, to establish preservation training and degree programs; 

and 
H. R. 1068—116 

(4) where appropriate, coordination with the National Center 

for Preservation Technology and Training of— 

(A) distribution of information on preservation technologies; 

(B) provision of training and skill development in trades, 

crafts, and disciplines related to historic preservation in 

Federal training and development programs; and 

(C) support for research, analysis, conservation, curation, 

interpretation, and display related to preservation. 

Subdivision 3—Advisory Council on 

Historic Preservation 

Chapter 3041—Advisory Council on 

Historic Preservation 

Sec. 

304101. Establishment; vacancies. 

304102. Duties of Council. 

304103. Cooperation between Council and instrumentalities of executive branch of 

Federal Government. 

304104. Compensation of members of Council. 

304105. Administration. 

304106. International Centre for the Study of the Preservation and Restoration of 

Cultural Property. 304107. Transmittal of legislative recommendations, testimony, or comments to 

any officer or agency of the United States prior to submission to Congress. 304108. Regulations, procedures, and guidelines. 

304109. Budget submission. 

304110. Report by Secretary to Council. 

304111. Reimbursements from State and local agencies. 

304112. Effectiveness of Federal grant and assistance programs. 

§ 304101. Establishment; vacancies 

(a) ESTABLISHMENT.—There is established as an independent 

agency of the United States Government an Advisory Council on 

Historic Preservation, which shall be composed of the following 

members: 

(1) A Chairman appointed by the President selected from 

the general public. 

(2) The Secretary. 

(3) The Architect of the Capitol. 

(4) The Secretary of Agriculture and the heads of 7 other 

agencies of the United States (other than the Department of 

the Interior), the activities of which affect historic preservation, 

designated by the President. 

(5) One Governor appointed by the President. 

(6) One mayor appointed by the President. 

(7) The President of the National Conference of State Historic 

Preservation Officers. 

(8) The Chairman of the National Trust. 

(9) Four experts in the field of historic preservation appointed 

by the President from architecture, history, archeology, and 

other appropriate disciplines. 

(10) Three members from the general public, appointed by 

the President. 

(11) One member of an Indian tribe or Native Hawaiian 

organization who represents the interests of the Indian tribe 
H. R. 1068—117 

or Native Hawaiian organization of which he or she is a 

member, appointed by the President. 

(b) DESIGNATION OF SUBSTITUTES.—Each member of the Council 

specified in paragraphs (2) to (5), (7), and (8) of subsection (a) 

may designate another officer of the department, agency, or 

organization to serve on the Council instead of the member, except 

that, in the case of paragraphs (2) and (4), no officer other than 

an Assistant Secretary or an officer having major departmentwide or agency-wide responsibilities may be designated. 

(c) TERM OF OFFICE.—Each member of the Council appointed 

under paragraphs (1) and (9) to (11) of subsection (a) shall serve 

for a term of 4 years from the expiration of the term of the 

member’s predecessor. The members appointed under paragraphs 

(5) and (6) shall serve for the term of their elected office but 

not in excess of 4 years. An appointed member may not serve 

more than 2 terms. An appointed member whose term has expired 

shall serve until that member’s successor has been appointed. 

(d) VACANCIES.—A vacancy in the Council shall not affect its 

powers, but shall be filled, not later than 60 days after the vacancy 

commences, in the same manner as the original appointment (and 

for the balance of the unexpired term). 

(e) DESIGNATION OF VICE CHAIRMAN.—The President shall designate a Vice Chairman from the members appointed under paragraph (5), (6), (9), or (10) of subsection (a). The Vice Chairman 

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

of the Chairman or when the office is vacant. 

(f) QUORUM.—Twelve members of the Council shall constitute 

a quorum. 

§ 304102. Duties of Council 

(a) DUTIES.—The Council shall— 

(1) advise the President and Congress on matters relating 

to historic preservation, recommend measures to coordinate 

activities of Federal, State, and local agencies and private 

institutions and individuals relating to historic preservation, 

and advise on the dissemination of information pertaining to 

those activities; 

(2) encourage, in cooperation with the National Trust and 

appropriate private agencies, public interest and participation 

in historic preservation; 

(3) recommend the conduct of studies in such areas as— 

(A) the adequacy of legislative and administrative statutes and regulations pertaining to historic preservation 

activities of State and local governments; and 

(B) the effects of tax policies at all levels of government 

on historic preservation; 

(4) advise as to guidelines for the assistance of State and 

local governments in drafting legislation relating to historic 

preservation; 

(5) encourage, in cooperation with appropriate public and 

private agencies and institutions, training and education in 

the field of historic preservation; 

(6) review the policies and programs of Federal agencies 

and recommend to Federal agencies methods to improve the 

effectiveness, coordination, and consistency of those policies 

and programs with the policies and programs carried out under 

this division; and 
H. R. 1068—118 

(7) inform and educate Federal agencies, State and local 

governments, Indian tribes, other nations and international 

organizations and private groups and individuals as to the 

Council’s authorized activities. 

(b) ANNUAL REPORT.—The Council annually shall submit to the 

President a comprehensive report of its activities and the results 

of its studies and shall from time to time submit additional and 

special reports as it deems advisable. Each report shall propose 

legislative enactments and other actions as, in the judgment of 

the Council, are necessary and appropriate to carry out its recommendations and shall provide the Council’s assessment of current 

and emerging problems in the field of historic preservation and 

an evaluation of the effectiveness of the programs of Federal agencies, State and local governments, and the private sector in carrying 

out this division. 

§ 304103. Cooperation between Council and instrumentalities of executive branch of Federal Government 

The Council may secure directly from any Federal agency 

information, suggestions, estimates, and statistics for the purpose 

of this chapter. Each Federal agency may furnish information, 

suggestions, estimates, and statistics to the extent permitted by 

law and within available funds. 

§ 304104. Compensation of members of Council 

The members of the Council specified in paragraphs (2), (3), 

and (4) of section 304101(a) of this title shall serve without additional compensation. The other members of the Council shall receive 

$100 per diem when engaged in the performance of the duties 

of the Council. All members of the Council shall receive reimbursement for necessary traveling and subsistence expenses incurred 

by them in the performance of the duties of the Council. 

§ 304105. Administration 

(a) EXECUTIVE DIRECTOR.—There shall be an Executive Director 

of the Council who shall be appointed by the Chairman with the 

concurrence of the Council in the competitive service at a rate 

within the General Schedule, in the competitive service at a rate 

that may exceed the rate prescribed for the highest rate established 

for grade 15 of the General Schedule under section 5332 of title 

5, or in the Senior Executive Service under section 3393 of title 

5. The Executive Director shall report directly to the Council and 

perform such functions and duties as the Council may prescribe. 

(b) GENERAL COUNSEL AND APPOINTMENT OF OTHER ATTORNEYS.— 

(1) GENERAL COUNSEL.—The Council shall have a General 

Counsel, who shall be appointed by the Executive Director. 

The General Counsel shall report directly to the Executive 

Director and serve as the Council’s legal advisor. 

(2) APPOINTMENT OF OTHER ATTORNEYS.—The Executive 

Director shall appoint other attorneys as may be necessary 

to— 

(A) assist the General Counsel; 

(B) represent the Council in court when appropriate, 

including enforcement of agreements with Federal agencies 

to which the Council is a party; 
H. R. 1068—119 

(C) assist the Department of Justice in handling litigation 

concerning the Council in court; and 

(D) perform such other legal duties and functions as 

the Executive Director and the Council may direct. 

(c) APPOINTMENT AND COMPENSATION OF OFFICERS AND

EMPLOYEES.—The Executive Director of the Council may appoint 

and fix the compensation of officers and employees in the competitive service who are necessary to perform the functions of the 

Council at rates not to exceed that prescribed for the highest 

rate for grade 15 of the General Schedule under section 5332 

of title 5. The Executive Director, with the concurrence of the 

Chairman, may appoint and fix the compensation of not to exceed 

5 employees in the competitive service at rates that exceed that 

prescribed for the highest rate established for grade 15 of the 

General Schedule under section 5332 of title 5 or in the Senior 

Executive Service under section 3393 of title 5. 

(d) APPOINTMENT AND COMPENSATION OF ADDITIONAL PERSONNEL.—The Executive Director may appoint and fix the compensation of such additional personnel as may be necessary to 

carry out the Council’s duties, without regard to the civil service 

laws and chapter 51 and subchapter III of chapter 53 of title 

5. 

(e) EXPERT AND CONSULTANT SERVICES.—The Executive Director 

may procure expert and consultant services in accordance with 

section 3109 of title 5. 

(f) FINANCIAL AND ADMINISTRATIVE SERVICES.— 

(1) SERVICES TO BE PROVIDED BY SECRETARY, AGENCY, OR

PRIVATE ENTITY.—Financial and administrative services 

(including those related to budgeting, accounting, financial 

reporting, personnel and procurement) shall be provided the 

Council by the Secretary or, at the discretion of the Council, 

another agency or private entity that reaches an agreement 

with the Council, for which payments shall be made in advance, 

or by reimbursement, from funds of the Council in such 

amounts as may be agreed on by the Chairman of the Council 

and the head of the agency or the authorized representative 

of the private entity that will provide the services. 

(2) FEDERAL AGENCY REGULATIONS RELATING TO COLLECTION

APPLY.—When a Federal agency affords those services, the regulations of that agency under section 5514(b) of title 5 for the 

collection of indebtedness of personnel resulting from erroneous 

payments shall apply to the collection of erroneous payments 

made to or on behalf of a Council employee, and regulations 

of that agency under sections 1513(d) and 1514 of title 31 

for the administrative control of funds shall apply to appropriations of the Council. The Council shall not be required to 

prescribe those regulations. 

(g) FUNDS, PERSONNEL, FACILITIES, AND SERVICES.— (1) PROVIDED BY FEDERAL AGENCY.—Any Federal agency may 

provide the Council, with or without reimbursement as may 

be agreed on by the Chairman and the agency, with such 

funds, personnel, facilities, and services under its jurisdiction 

and control as may be needed by the Council to carry out 

its duties, to the extent that the funds, personnel, facilities, 

and services are requested by the Council and are otherwise 

available for that purpose. Any funds provided to the Council 

pursuant to this subsection shall be obligated by the end of 
H. R. 1068—120 

the fiscal year following the fiscal year in which the funds 

are received by the Council. 

(2) OBTAINING ADDITIONAL PROPERTY, FACILITIES, AND SERVICES AND RECEIVING DONATIONS OF MONEY.—To the extent of 

available appropriations, the Council may obtain by purchase, 

rental, donation, or otherwise additional property, facilities, 

and services as may be needed to carry out its duties and 

may receive donations of money for that purpose. The Executive 

Director may accept, hold, use, expend, and administer the 

property, facilities, services, and money for the purposes of 

this division. 

(h) RIGHTS, BENEFITS, AND PRIVILEGES OF TRANSFERRED

EMPLOYEES.—Any employee in the competitive service of the United 

States transferred to the Council under section 207 of the National 

Historic Preservation Act (Public Law 89–665) retains all the rights, 

benefits, and privileges pertaining to the competitive service held 

prior to the transfer. 

(i) EXEMPTION FROM FEDERAL ADVISORY COMMITTEE ACT.—The 

Council is exempt from the Federal Advisory Committee Act (5 

U.S.C. App.). 

(j) PROVISIONS THAT GOVERN OPERATIONS OF COUNCIL.—Subchapter II of chapter 5 and chapter 7 of title 5 shall govern the 

operations of the Council. 

§ 304106. International Centre for the Study of the Preservation and Restoration of Cultural Property 

(a) AUTHORIZATION OF PARTICIPATION.—The participation of the 

United States as a member in the International Centre for the 

Study of the Preservation and Restoration of Cultural Property 

is authorized. 

(b) OFFICIAL DELEGATION.—The Council shall recommend to the 

Secretary of State, after consultation with the Smithsonian Institution and other public and private organizations concerned with 

the technical problems of preservation, the members of the official 

delegation that will participate in the activities of the International 

Centre for the Study of the Preservation and Restoration of Cultural 

Property on behalf of the United States. The Secretary of State 

shall appoint the members of the official delegation from the persons 

recommended to the Secretary of State by the Council. 

§ 304107. Transmittal of legislative recommendations, testimony, or comments to any officer or agency of 

the United States prior to submission to Congress 

No officer or agency of the United States shall have any authority 

to require the Council to submit its legislative recommendations, 

or testimony, or comments on legislation to any officer or agency 

of the United States for approval, comments, or review, prior to 

the submission of the recommendations, testimony, or comments 

to Congress. When the Council voluntarily seeks to obtain the 

comments or review of any officer or agency of the United States, 

the Council shall include a description of the actions in its legislative 

recommendations, testimony, or comments on legislation that it 

transmits to Congress. 
H. R. 1068—121 

§ 304108. Regulations, procedures, and guidelines 

(a) IN GENERAL.—The Council may promulgate regulations as 

it considers necessary to govern the implementation of section 

306108 of this title in its entirety. 

(b) PARTICIPATION BY LOCAL GOVERNMENTS.—The Council shall 

by regulation establish such procedures as may be necessary to 

provide for participation by local governments in proceedings and 

other actions taken by the Council with respect to undertakings 

referred to in section 306108 of this title that affect the local 

governments. 

(c) EXEMPTION FOR FEDERAL PROGRAMS OR UNDERTAKINGS.—The 

Council, with the concurrence of the Secretary, shall promulgate 

regulations or guidelines, as appropriate, under which Federal programs or undertakings may be exempted from any or all of the 

requirements of this division when the exemption is determined 

to be consistent with the purposes of this division, taking into 

consideration the magnitude of the exempted undertaking or program and the likelihood of impairment of historic property. 

§ 304109. Budget submission 

(a) TIME AND MANNER OF SUBMISSION.—The Council shall submit 

its budget annually as a related agency of the Department of 

the Interior. 

(b) TRANSMITTAL OF COPIES TO CONGRESSIONAL COMMITTEES.— 

Whenever the Council submits any budget estimate or request 

to the President or the Office of Management and Budget, it shall 

concurrently transmit copies of that estimate or request to the 

Committee on Natural Resources and Committee on Appropriations 

of the House of Representatives and the Committee on Energy 

and Natural Resources and Committee on Appropriations of the 

Senate. 

§ 304110. Report by Secretary to Council 

To assist the Council in discharging its responsibilities under 

this division, the Secretary at the request of the Chairman shall 

provide a report to the Council detailing the significance of any 

historic property, describing the effects of any proposed undertaking 

on the affected property, and recommending measures to avoid, 

minimize, or mitigate adverse effects. 

§ 304111. Reimbursements from State and local agencies 

Subject to applicable conflict of interest laws, the Council may 

receive reimbursements from State and local agencies and others 

pursuant to agreements executed in furtherance of this division. 

§ 304112. Effectiveness of Federal grant and assistance programs 

(a) COOPERATIVE AGREEMENTS.—The Council may enter into a 

cooperative agreement with any Federal agency that administers 

a grant or assistance program for the purpose of improving the 

effectiveness of the administration of the program in meeting the 

purposes and policies of this division. The cooperative agreement 

may include provisions that modify the selection criteria for a 

grant or assistance program to further the purposes of this division 

or that allow the Council to participate in the selection of recipients, 

if those provisions are not inconsistent with the grant or assistance 

program’s statutory authorization and purpose. 
H. R. 1068—122 

(b) REVIEW OF GRANT AND ASSISTANCE PROGRAMS.—The Council 

may— 

(1) review the operation of any Federal grant or assistance 

program to evaluate the effectiveness of the program in meeting 

the purposes and policies of this division; 

(2) make recommendations to the head of any Federal agency 

that administers the program to further the consistency of 

the program with the purposes and policies of this division 

and to improve its effectiveness in carrying out those purposes 

and policies; and 

(3) make recommendations to the President and Congress 

regarding the effectiveness of Federal grant and assistance 

programs in meeting the purposes and policies of this division, 

including recommendations with regard to appropriate funding 

levels. 

Subdivision 4—Other Organizations and 

Programs 

Chapter 3051—Historic Light Station 

Preservation 

Sec. 

305101. Definitions. 

305102. Duties of Secretary in providing a national historic light station program. 

305103. Selection of eligible entity and conveyance of historic light stations. 

305104. Terms of conveyance. 

305105. Description of property. 

305106. Historic light station sales. 

§ 305101. Definitions 

In this chapter: 

(1) ADMINISTRATOR.—The term ‘‘Administrator’’ means the 

Administrator of General Services. 

(2) ELIGIBLE ENTITY.—The term ‘‘eligible entity’’ means— 

(A) any department or agency of the Federal Government; 

or 

(B) any department or agency of the State in which 

a historic light station is located, the local government 

of the community in which a historic light station is located, 

a nonprofit corporation, an educational agency, or a community development organization that— 

(i) has agreed to comply with the conditions set 

forth in section 305104 of this title and to have the 

conditions recorded with the deed of title to the historic 

light station; and 

(ii) is financially able to maintain the historic light 

station in accordance with the conditions set forth in 

section 305104 of this title. 

(3) FEDERAL AID TO NAVIGATION.— 

(A) IN GENERAL.—The term ‘‘Federal aid to navigation’’ 

means any device, operated and maintained by the United 

States, external to a vessel or aircraft, intended to assist 

a navigator to determine position or safe course, or to 

warn of dangers or obstructions to navigation. 

(B) INCLUSIONS.—The term ‘‘Federal aid to navigation’’ 

includes a light, lens, lantern, antenna, sound signal, 
H. R. 1068—123 

camera, sensor, piece of electronic navigation equipment, 

power source, or other piece of equipment associated with 

a device described in subparagraph (A). 

(4) HISTORIC LIGHT STATION.—The term ‘‘historic light station’’ includes the light tower, lighthouse, keeper’s dwelling, 

garages, storage sheds, oil house, fog signal building, boat 

house, barn, pumphouse, tramhouse support structures, piers, 

walkways, underlying and appurtenant land and related real 

property and improvements associated with a historic light 

station that is a historic property. 

§ 305102. Duties of Secretary in providing a national historic 

light station program 

To provide a national historic light station program, the Secretary 

shall— 

(1) collect and disseminate information concerning historic 

light stations; 

(2) foster educational programs relating to the history, practice, and contribution to society of historic light stations; 

(3) sponsor or conduct research and study into the history 

of light stations; 

(4) maintain a listing of historic light stations; and 

(5) assess the effectiveness of the program established by 

this chapter regarding the conveyance of historic light stations. 

§ 305103. Selection of eligible entity and conveyance of historic light stations 

(a) PROCESS AND POLICIES.—The Secretary and the Administrator 

shall maintain a process and policies for identifying, and selecting, 

an eligible entity to which a historic light station could be conveyed 

for education, park, recreation, cultural, or historic preservation 

purposes, and to monitor the use of the light station by the eligible 

entity. 

(b) APPLICATION REVIEW.— 

(1) IN GENERAL.—The Secretary shall— 

(A) review all applications for the conveyance of a historic 

light station, when the agency with administrative jurisdiction over the historic light station has determined the 

property to be excess property (as that term is defined 

in section 102 of title 40); and 

(B) forward to the Administrator a single approved 

application for the conveyance of the historic light station. 

(2) CONSULTATION.—When selecting an eligible entity, the 

Secretary shall consult with the State Historic Preservation 

Officer of the State in which the historic light station is located. 

(c) CONVEYANCE OR SALE OF HISTORIC LIGHT STATIONS.— 

(1) CONVEYANCE BY ADMINISTRATOR.—Except as provided in 

paragraph (2), after the Secretary’s selection of an eligible 

entity, the Administrator shall convey, by quitclaim deed, without consideration, all right, title, and interest of the United 

States in and to a historic light station, subject to the conditions 

set forth in section 305104 of this title. The conveyance of 

a historic light station under this chapter shall not be subject 

to the McKinney-Vento Homeless Assistance Act (42 U.S.C. 

11301 et seq.) or section 416(d) of the Coast Guard Authorization Act of 1998 (Public Law 105–383, 14 U.S.C. 93 note). 
H. R. 1068—124 

(2) HISTORIC LIGHT STATION LOCATED WITHIN A SYSTEM UNIT

OR A REFUGE WITHIN NATIONAL WILDLIFE REFUGE SYSTEM.— 

(A) APPROVAL OF SECRETARY REQUIRED.—A historic light 

station located within the exterior boundaries of a System 

unit or a refuge within the National Wildlife Refuge System 

shall be conveyed or sold only with the approval of the 

Secretary. 

(B) CONDITIONS OF CONVEYANCE.—If the Secretary 

approves the conveyance of a historic light station described 

in subparagraph (A), the conveyance shall be subject to 

the conditions set forth in section 305104 of this title and 

any other terms or conditions that the Secretary considers 

necessary to protect the resources of the System unit or 

wildlife refuge. 

(C) CONDITIONS OF SALE.—If the Secretary approves the 

sale of a historic light station described in subparagraph 

(A), the sale shall be subject to the conditions set forth 

in paragraphs (1) to (4) and (8) of subsection (a), and 

subsection (b), of section 305104 of this title and any other 

terms or conditions that the Secretary considers necessary 

to protect the resources of the System unit or wildlife 

refuge. 

(D) COOPERATIVE AGREEMENTS.—The Secretary is encouraged to enter into cooperative agreements with appropriate 

eligible entities with respect to historic light stations 

described in subparagraph (A), as provided in this division, 

to the extent that the cooperative agreements are consistent 

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

§ 305104. Terms of conveyance 

(a) IN GENERAL.—The conveyance of a historic light station shall 

be made subject to any conditions, including the reservation of 

easements and other rights on behalf of the United States, that 

the Administrator considers necessary to ensure that— 

(1) the Federal aids to navigation located at the historic 

light station in operation on the date of conveyance remain 

the personal property of the United States and continue to 

be operated and maintained by the United States for as long 

as needed for navigational purposes; 

(2) there is reserved to the United States the right to remove, 

replace, or install any Federal aid to navigation located at 

the historic light station as may be necessary for navigational 

purposes; 

(3) the eligible entity to which the historic light station is 

conveyed shall not interfere or allow interference in any manner 

with any Federal aid to navigation or hinder activities required 

for the operation and maintenance of any Federal aid to navigation without the express written permission of the head of 

the agency responsible for maintaining the Federal aid to 

navigation; 

(4)(A) the eligible entity to which the historic light station 

is conveyed shall, at its own cost and expense, use and maintain 

the historic light station in accordance with this division, the 

Secretary of the Interior’s Standards for the Treatment of Historic Properties contained in part 68 of title 36, Code of Federal 

Regulations, and other applicable laws; and 
H. R. 1068—125 

(B) any proposed changes to the historic light station shall 

be reviewed and approved by the Secretary in consultation 

with the State Historic Preservation Officer of the State in 

which the historic light station is located, for consistency with 

section 800.5(a)(2)(vii) of title 36, Code of Federal Regulations 

and the Secretary’s Standards for Rehabilitation contained in 

section 67.7 of title 36, Code of Federal Regulations; 

(5) the eligible entity to which the historic light station is 

conveyed shall make the historic light station available for 

education, park, recreation, cultural, or historic preservation 

purposes for the general public at reasonable times and under 

reasonable conditions; 

(6) the eligible entity to which the historic light station is 

conveyed shall not sell, convey, assign, exchange, or encumber 

the historic light station, any part of the historic light station, 

or any associated historic artifact conveyed to the eligible entity 

in conjunction with the historic light station conveyance, 

including any lens or lantern, unless the sale, conveyance, 

assignment, exchange, or encumbrance is approved by the Secretary; 

(7) the eligible entity to which the historic light station is 

conveyed shall not conduct any commercial activity at the historic light station, at any part of the historic light station, 

or in connection with any associated historic artifact conveyed 

to the eligible entity in conjunction with the historic light 

station conveyance, in any manner, unless the commercial 

activity is approved by the Secretary; and 

(8) the United States shall have the right, at any time, 

to enter the historic light station without notice, for purposes 

of operating, maintaining, and inspecting any aid to navigation 

and for the purpose of ensuring compliance with this section, 

to the extent that it is not possible to provide advance notice. 

(b) MAINTENANCE OF AID TO NAVIGATION.—Any eligible entity 

to which a historic light station is conveyed shall not be required 

to maintain any Federal aid to navigation associated with a historic 

light station, except any private aid to navigation permitted to 

the eligible entity under section 83 of title 14. 

(c) REVERSION.—In addition to any term or condition established 

pursuant to this section, the conveyance of a historic light station 

shall include a condition that the historic light station, or any 

associated historic artifact conveyed to the eligible entity in conjunction with the historic light station conveyance, including any lens 

or lantern, at the option of the Administrator, shall revert to the 

United States and be placed under the administrative control of 

the Administrator, if— 

(1) the historic light station, any part of the historic light 

station, or any associated historic artifact ceases to be available 

for education, park, recreation, cultural, or historic preservation 

purposes for the general public at reasonable times and under 

reasonable conditions that shall be set forth in the eligible 

entity’s application; 

(2) the historic light station or any part of the historic light 

station ceases to be maintained in a manner that ensures 

its present or future use as a site for a Federal aid to navigation; 

(3) the historic light station, any part of the historic light 

station, or any associated historic artifact ceases to be maintained in compliance with this division, the Secretary of the 
H. R. 1068—126 

Interior’s Standards for the Treatment of Historic Properties 

contained in part 68 of title 36, Code of Federal Regulations, 

and other applicable laws; 

(4) the eligible entity to which the historic light station is 

conveyed sells, conveys, assigns, exchanges, or encumbers the 

historic light station, any part of the historic light fixture, 

or any associated historic artifact, without approval of the 

Secretary; 

(5) the eligible entity to which the historic light station is 

conveyed conducts any commercial activity at the historic light 

station, at any part of the historic light station, or in conjunction with any associated historic artifact, without approval 

of the Secretary; or 

(6) at least 30 days before the reversion, the Administrator 

provides written notice to the owner that the historic light 

station or any part of the historic light station is needed for 

national security purposes. 

(d) LIGHT STATIONS ORIGINALLY CONVEYED UNDER OTHER

AUTHORITY.—On receiving notice of an executed or intended conveyance by an owner that received from the Federal Government 

under authority other than this division a historic light station 

in which the United States retains a reversionary or other interest 

and that is conveying it to another person by sale, gift, or any 

other manner, the Secretary shall review the terms of the executed 

or proposed conveyance to ensure that any new owner is capable 

of or is complying with any and all conditions of the original 

conveyance. The Secretary may require the parties to the conveyance and relevant Federal agencies to provide information as is 

necessary to complete the review. If the Secretary determines that 

the new owner has not complied or is unable to comply with 

those conditions, the Secretary shall immediately advise the 

Administrator, who shall invoke any reversionary interest or take 

other action as may be necessary to protect the interests of the 

United States. 

§ 305105. Description of property 

(a) IN GENERAL.—The Administrator shall prepare the legal 

description of any historic light station conveyed under this chapter. 

The Administrator, in consultation with the Secretary of Homeland 

Security and the Secretary, may retain all right, title, and interest 

of the United States in and to any historical artifact, including 

any lens or lantern, that is associated with the historic light station 

and located at the historic light station at the time of conveyance. 

Wherever possible, the historical artifacts should be used in interpreting the historic light station. In cases where there is no method 

for preserving lenses and other artifacts and equipment in situ, 

priority should be given to preservation or museum entities most 

closely associated with the historic light station, if they meet loan 

requirements. 

(b) ARTIFACTS.—Artifacts associated with, but not located at, a 

historic light station at the time of conveyance shall remain the 

property of the United States under the administrative control 

of the Secretary of Homeland Security. 

(c) COVENANTS.—All conditions placed with the quitclaim deed 

of title to the historic light station shall be construed as covenants 

running with the land. 
H. R. 1068—127 

(d) SUBMERGED LAND.—No submerged land shall be conveyed 

under this chapter. 

§ 305106. Historic light station sales 

(a) IN GENERAL.— 

(1) WHEN SALE MAY OCCUR.—If no applicant is approved 

for the conveyance of a historic light station pursuant to sections 305101 through 305105 of this title, the historic light 

station shall be offered for sale. 

(2) TERMS OF SALE.—Terms of the sales— 

(A) shall be developed by the Administrator; and 

(B) shall be consistent with the requirements of paragraphs (1) to (4) and (8) of subsection (a), and subsection 

(b), of section 305104 of this title. 

(3) COVENANTS TO BE INCLUDED IN CONVEYANCE DOCUMENTS.—Conveyance documents shall include all necessary covenants to protect the historical integrity of the historic light 

station and ensure that any Federal aid to navigation located 

at the historic light station is operated and maintained by 

the United States for as long as needed for that purpose. 

(b) NET SALE PROCEEDS.— 

(1) DISPOSITION AND USE OF FUNDS.—Net sale proceeds from 

the disposal of a historic light station— 

(A) located on public domain land shall be transferred 

to the National Maritime Heritage Grants Program established under chapter 3087 in the Department of the 

Interior; and 

(B) under the administrative control of the Secretary 

of Homeland Security— 

(i) shall be credited to the Coast Guard’s Operating 

Expenses appropriation account; and 

(ii) shall be available for obligation and expenditure 

for the maintenance of light stations remaining under 

the administrative control of the Secretary of Homeland Security. 

(2) AVAILABILITY OF FUNDS.—The funds referred to in paragraph (1)(B) shall remain available until expended and shall 

be available in addition to funds available in the Coast Guard’s 

Operating Expense appropriation for that purpose. 

Chapter 3053—National Center for 

Preservation Technology and Training 

Sec. 

305301. Definitions. 

305302. National Center for Preservation Technology and Training. 

305303. Preservation Technology and Training Board. 

305304. Preservation grants. 

305305. General provisions. 

305306. Service preservation centers and offices. 

§ 305301. Definitions 

In this chapter: 

(1) BOARD.—The term ‘‘Board’’ means the Preservation Technology and Training Board established pursuant to section 

305303 of this title. 
H. R. 1068—128 

(2) CENTER.—The term ‘‘Center’’ means the National Center 

for Preservation Technology and Training established pursuant 

to section 305302 of this title. 

§ 305302. National Center for Preservation Technology and 

Training 

(a) ESTABLISHMENT.—There is established within the Department 

of the Interior a National Center for Preservation Technology and 

Training. The Center shall be located at Northwestern State University of Louisiana in Natchitoches, Louisiana. 

(b) PURPOSES.—The purposes of the Center shall be to— 

(1) develop and distribute preservation and conservation 

skills and technologies for the identification, evaluation, conservation, and interpretation of historic property; 

(2) develop and facilitate training for Federal, State, and 

local resource preservation professionals, cultural resource 

managers, maintenance personnel, and others working in the 

preservation field; 

(3) take steps to apply preservation technology benefits from 

ongoing research by other agencies and institutions; 

(4) facilitate the transfer of preservation technology among 

Federal agencies, State and local governments, universities, 

international organizations, and the private sector; and 

(5) cooperate with related international organizations 

including the International Council on Monuments and Sites, 

the International Center for the Study of Preservation and 

Restoration of Cultural Property, and the International Council 

on Museums. 

(c) PROGRAMS.—The purposes shall be carried out through 

research, professional training, technical assistance, and programs 

for public awareness, and through a program of grants established 

under section 305304 of this title. 

(d) EXECUTIVE DIRECTOR.—The Center shall be headed by an 

Executive Director with demonstrated expertise in historic preservation appointed by the Secretary with advice of the Board. 

(e) ASSISTANCE FROM SECRETARY.—The Secretary shall provide 

the Center assistance in obtaining such personnel, equipment, and 

facilities as may be needed by the Center to carry out its activities. 

§ 305303. Preservation Technology and Training Board 

(a) ESTABLISHMENT.—There is established a Preservation Technology and Training Board. 

(b) DUTIES.—The Board shall— 

(1) provide leadership, policy advice, and professional oversight to the Center; 

(2) advise the Secretary on priorities and the allocation of 

grants among the activities of the Center; and 

(3) submit an annual report to the President and Congress. 

(c) MEMBERSHIP.—The Board shall be comprised of— 

(1) the Secretary; 

(2) 6 members appointed by the Secretary, who shall represent appropriate Federal, State, and local agencies, State 

and local historic preservation commissions, and other public 

and international organizations; and 

(3) 6 members appointed by the Secretary on the basis of 

outstanding professional qualifications, who represent major 
H. R. 1068—129 

organizations in the fields of archeology, architecture, conservation, curation, engineering, history, historic preservation, landscape architecture, planning, or preservation education. 

§ 305304. Preservation grants 

(a) IN GENERAL.—The Secretary, in consultation with the Board, 

shall provide preservation technology and training grants to eligible 

applicants with a demonstrated institutional capability and commitment to the purposes of the Center, in order to ensure an effective 

and efficient system of research, information distribution, and skills 

training in all the related historic preservation fields. 

(b) GRANT REQUIREMENTS.— 

(1) ALLOCATION.—Grants provided under this section shall 

be allocated in such a fashion as to reflect the diversity of 

the historic preservation fields and shall be geographically 

distributed. 

(2) LIMIT ON AMOUNT A RECIPIENT MAY RECEIVE.—No grant 

recipient may receive more than 10 percent of the grants allocated under this section within any year. 

(3) LIMIT ON ADMINISTRATIVE COSTS.—The total administrative costs, direct and indirect, charged for carrying out grants 

under this section may not exceed 25 percent of the aggregate 

costs. 

(c) ELIGIBLE APPLICANTS.—Eligible applicants may include— 

(1) Federal and non-Federal laboratories; 

(2) accredited museums; 

(3) universities; 

(4) nonprofit organizations; 

(5) System units and offices and Cooperative Park Study 

Units of the System; 

(6) State Historic Preservation Offices; 

(7) tribal preservation offices; and 

(8) Native Hawaiian organizations. 

(d) STANDARDS AND METHODS.—Grants shall be awarded in 

accordance with accepted professional standards and methods, 

including peer review of projects. 

§ 305305. General provisions 

(a) ACCEPTANCE OF GRANTS AND TRANSFERS.—The Center may 

accept— 

(1) grants and donations from private individuals, groups, 

organizations, corporations, foundations, and other entities; and 

(2) transfers of funds from other Federal agencies. 

(b) CONTRACTS AND COOPERATIVE AGREEMENTS.—Subject to 

appropriations, the Center may enter into contracts and cooperative 

agreements with Federal, State, local, and tribal governments, 

Native Hawaiian organizations, educational institutions, and other 

public entities to carry out the Center’s responsibilities under this 

chapter. 

(c) ADDITIONAL FUNDS.—Funds appropriated for the Center shall 

be in addition to funds appropriated for Service programs, centers, 

and offices in existence on October 30, 1992. 

§ 305306. Service preservation centers and offices 

To improve the use of existing Service resources, the Secretary 

shall fully utilize and further develop the Service preservation 

(including conservation) centers and regional offices. The Secretary 
H. R. 1068—130 

shall improve the coordination of the centers and offices within 

the Service, and shall, where appropriate, coordinate their activities 

with the Center and with other appropriate parties. 

Chapter 3055—National Building Museum 

Sec. 

305501. Definitions. 

305502. Cooperative agreement to operate museum. 

305503. Activities and functions. 

305504. Matching grants to Committee. 

305505. Annual report. 

§ 305501. Definitions 

In this chapter: 

(1) BUILDING ARTS.—The term ‘‘building arts’’ includes all 

practical and scholarly aspects of prehistoric, historic, and 

contemporary architecture, archeology, construction, building 

technology and skills, landscape architecture, preservation and 

conservation, building and construction, engineering, urban and 

community design and renewal, city and regional planning, 

and related professions, skills, trades, and crafts. 

(2) COMMITTEE.—The term ‘‘Committee’’ means the Committee for a National Museum of the Building Arts, Incorporated, a nonprofit corporation organized and existing under 

the laws of the District of Columbia, or its successor. 

§ 305502. Cooperative agreement to operate museum 

To provide a national center to commemorate and encourage 

the building arts and to preserve and maintain a nationally significant building that exemplifies the great achievements of the 

building arts in the United States, the Secretary and the Administrator of General Services shall enter into a cooperative agreement 

with the Committee for the operation of a National Building 

Museum in the Federal building located in the block bounded 

by Fourth Street, Fifth Street, F Street, and G Street, Northwest 

in Washington, District of Columbia. The cooperative agreement 

shall include provisions that— 

(1) make the site available to the Committee without charge; 

(2) provide, subject to available appropriations, such maintenance, security, information, janitorial, and other services as 

may be necessary to ensure the preservation and operation 

of the site; and 

(3) prescribe reasonable terms and conditions by which the 

Committee can fulfill its responsibilities under this division. 

§ 305503. Activities and functions 

The National Building Museum shall— 

(1) collect and disseminate information concerning the 

building arts, including the establishment of a national reference center for current and historic documents, publications, 

and research relating to the building arts; 

(2) foster educational programs relating to the history, practice, and contribution to society of the building arts, including 

promotion of imaginative educational approaches to enhance 

understanding and appreciation of all facets of the building 

arts; 
H. R. 1068—131 

(3) publicly display temporary and permanent exhibits illustrating, interpreting and demonstrating the building arts; 

(4) sponsor or conduct research and study into the history 

of the building arts and their role in shaping our civilization; 

and 

(5) encourage contributions to the building arts. 

§ 305504. Matching grants to Committee 

The Secretary shall provide matching grants to the Committee 

for its programs related to historic preservation. The Committee 

shall match the grants in such a manner and with such funds 

and services as shall be satisfactory to the Secretary, except that 

not more than $500,000 may be provided to the Committee in 

any one fiscal year. 

§ 305505. Annual report 

The Committee shall submit an annual report to the Secretary 

and the Administrator of General Services concerning its activities 

under this chapter and shall provide the Secretary and the Administrator of General Services with such other information as the Secretary may consider necessary or advisable. 

Subdivision 5—Federal Agency Historic 

Preservation Responsibilities 

Chapter 3061—Program Responsibilities 

and Authorities 

Subchapter I—In General 

Sec. 

306101. Assumption of responsibility for preservation of historic property. 

306102. Preservation program. 

306103. Recordation of historic property prior to alteration or demolition. 

306104. Agency Preservation Officer. 

306105. Agency programs and projects. 

306106. Review of plans of transferees of surplus federally owned historic property. 

306107. Planning and actions to minimize harm to National Historic Landmarks. 

306108. Effect of undertaking on historic property. 

306109. Costs of preservation as eligible project costs. 

306110. Annual preservation awards program. 

306111. Environmental impact statement. 

306112. Waiver of provisions in event of natural disaster or imminent threat to national security. 

306113. Anticipatory demolition. 

306114. Documentation of decisions respecting undertakings. 

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

306121. Lease or exchange. 

306122. Contracts for management of historic property. 

Subchapter III—Protection and Preservation of Resources 

306131. Standards and guidelines. 

Subchapter I—In General 

§ 306101. Assumption of responsibility for preservation of 

historic property 

(a) IN GENERAL.— (1) AGENCY HEAD RESPONSIBILITY.—The head of each Federal 

agency shall assume responsibility for the preservation of historic property that is owned or controlled by the agency. 
H. R. 1068—132 

(2) USE OF AVAILABLE HISTORIC PROPERTY.—Prior to 

acquiring, constructing, or leasing a building for purposes of 

carrying out agency responsibilities, a Federal agency shall 

use, to the maximum extent feasible, historic property available 

to the agency, in accordance with Executive Order No. 13006 

(40 U.S.C. 3306 note). 

(3) NECESSARY PRESERVATION.—Each Federal agency shall 

undertake, consistent with the preservation of historic property, 

the mission of the agency, and the professional standards established pursuant to subsection (c), any preservation as may 

be necessary to carry out this chapter. 

(b) GUIDELINES FOR FEDERAL AGENCY RESPONSIBILITY FOR

AGENCY-OWNED HISTORIC PROPERTY.—In consultation with the 

Council, the Secretary shall promulgate guidelines for Federal 

agency responsibilities under this subchapter (except section 

306108). 

(c) PROFESSIONAL STANDARDS FOR PRESERVATION OF FEDERALLY

OWNED OR CONTROLLED HISTORIC PROPERTY.—The Secretary shall 

establish, in consultation with the Secretary of Agriculture, the 

Secretary of Defense, the Smithsonian Institution, and the Administrator of General Services, professional standards for the preservation of historic property in Federal ownership or control. 

§ 306102. Preservation program 

(a) ESTABLISHMENT.—Each Federal agency shall establish (except 

for programs or undertakings exempted pursuant to section 

304108(c) of this title), in consultation with the Secretary, a 

preservation program for the identification, evaluation, and nomination to the National Register, and protection, of historic property. 

(b) REQUIREMENTS.—The program shall ensure that— 

(1) historic property under the jurisdiction or control of the 

agency is identified, evaluated, and nominated to the National 

Register; 

(2) historic property under the jurisdiction or control of the 

agency is managed and maintained in a way that considers 

the preservation of their historic, archeological, architectural, 

and cultural values in compliance with section 306108 of this 

title and gives special consideration to the preservation of those 

values in the case of property designated as having national 

significance; 

(3) the preservation of property not under the jurisdiction 

or control of the agency but potentially affected by agency 

actions is given full consideration in planning; 

(4) the agency’s preservation-related activities are carried 

out in consultation with other Federal, State, and local agencies, 

Indian tribes, Native Hawaiian organizations carrying out historic preservation planning activities, and the private sector; 

and 

(5) the agency’s procedures for compliance with section 

306108 of this title— 

(A) are consistent with regulations promulgated by the 

Council pursuant to section 304108(a) and (b) of this title; 

(B) provide a process for the identification and evaluation 

of historic property for listing on the National Register 

and the development and implementation of agreements, 

in consultation with State Historic Preservation Officers, 

local governments, Indian tribes, Native Hawaiian 
H. R. 1068—133 

organizations, and the interested public, as appropriate, 

regarding the means by which adverse effects on historic 

property will be considered; and 

(C) provide for the disposition of Native American cultural items from Federal or tribal land in a manner consistent with section 3(c) of the Native American Graves 

Protection and Repatriation Act (25 U.S.C. 3002(c)). 

§ 306103. Recordation of historic property prior to alteration 

or demolition 

Each Federal agency shall initiate measures to ensure that where, 

as a result of Federal action or assistance carried out by the 

agency, a historic property is to be substantially altered or demolished— 

(1) timely steps are taken to make or have made appropriate 

records; and 

(2) the records are deposited, in accordance with section 

302107 of this title, in the Library of Congress or with such 

other appropriate agency as the Secretary may designate, for 

future use and reference. 

§ 306104. Agency Preservation Officer 

The head of each Federal agency (except an agency that is 

exempted under section 304108(c) of this title) shall designate a 

qualified official as the agency’s Preservation Officer who shall 

be responsible for coordinating the agency’s activities under this 

division. Each Preservation Officer may, to be considered qualified, 

satisfactorily complete an appropriate training program established 

by the Secretary under section 306101(c) of this title. 

§ 306105. Agency programs and projects 

Consistent with the agency’s missions and mandates, each Federal agency shall carry out agency programs and projects (including 

those under which any Federal assistance is provided or any Federal 

license, permit, or other approval is required) in accordance with 

the purposes of this division and give consideration to programs 

and projects that will further the purposes of this division. 

§ 306106. Review of plans of transferees of surplus federally 

owned historic property 

The Secretary shall review and approve the plans of transferees 

of surplus federally owned historic property not later than 90 days 

after receipt of the plans to ensure that the prehistorical, historical, 

architectural, or culturally significant values will be preserved or 

enhanced. 

§ 306107. Planning and actions to minimize harm to National 

Historic Landmarks 

Prior to the approval of any Federal undertaking that may 

directly and adversely affect any National Historic Landmark, the 

head of the responsible Federal agency shall to the maximum 

extent possible undertake such planning and actions as may be 

necessary to minimize harm to the landmark. The head of the 

Federal agency shall afford the Council a reasonable opportunity 

to comment with regard to the undertaking. 
H. R. 1068—134 

§ 306108. Effect of undertaking on historic property 

The head of any Federal agency having direct or indirect jurisdiction over a proposed Federal or federally assisted undertaking in 

any State and the head of any Federal department or independent 

agency having authority to license any undertaking, prior to the 

approval of the expenditure of any Federal funds on the undertaking 

or prior to the issuance of any license, shall take into account 

the effect of the undertaking on any historic property. The head 

of the Federal agency shall afford the Council a reasonable opportunity to comment with regard to the undertaking. 

§ 306109. Costs of preservation as eligible project costs 

A Federal agency may include the costs of preservation activities 

of the agency under this division as eligible project costs in all 

undertakings of the agency or assisted by the agency. The eligible 

project costs may include amounts paid by a Federal agency to 

a State to be used in carrying out the preservation responsibilities 

of the Federal agency under this division, and reasonable costs 

may be charged to Federal licensees and permittees as a condition 

to the issuance of the license or permit. 

§ 306110. Annual preservation awards program 

The Secretary shall establish an annual preservation awards 

program under which the Secretary may make monetary awards 

in amounts of not to exceed $1,000 and provide citations for special 

achievement to officers and employees of Federal, State, and certified local governments in recognition of their outstanding contributions to the preservation of historic property. The program may 

include the issuance of annual awards by the President to any 

citizen of the United States recommended for the award by the 

Secretary. 

§ 306111. Environmental impact statement 

Nothing in this division shall be construed to— 

(1) require the preparation of an environmental impact statement where the statement would not otherwise be required 

under the National Environmental Policy Act of 1969 (42 U.S.C. 

4321 et seq.); or 

(2) provide any exemption from any requirement respecting 

the preparation of an environmental impact statement under 

that Act. 

§ 306112. Waiver of provisions in event of natural disaster 

or imminent threat to national security 

The Secretary shall promulgate regulations under which the 

requirements of this subchapter (except section 306108) may be 

waived in whole or in part in the event of a major natural disaster 

or an imminent threat to national security. 

§ 306113. Anticipatory demolition 

Each Federal agency shall ensure that the agency will not grant 

a loan, loan guarantee, permit, license, or other assistance to an 

applicant that, with intent to avoid the requirements of section 

306108 of this title, has intentionally significantly adversely affected 

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

legal power to prevent it, has allowed the significant adverse effect 

to occur, unless the agency, after consultation with the Council, 
H. R. 1068—135 

determines that circumstances justify granting the assistance 

despite the adverse effect created or permitted by the applicant. 

§ 306114. Documentation of decisions respecting undertakings 

With respect to any undertaking subject to section 306108 of 

this title that adversely affects any historic property for which 

a Federal agency has not entered into an agreement pursuant 

to regulations issued by the Council, the head of the agency shall 

document any decision made pursuant to section 306108 of this 

title. The head of the agency may not delegate the responsibility 

to document a decision pursuant to this section. Where an agreement pursuant to regulations issued by the Council has been 

executed with respect to an undertaking, the agreement shall 

govern the undertaking and all of its parts. 

Subchapter II—Lease, Exchange, or 

Management of Historic Property 

§ 306121. Lease or exchange 

(a) AUTHORITY TO LEASE OR EXCHANGE.—Notwithstanding any 

other provision of law, each Federal agency, after consultation with 

the Council— 

(1) shall, to the extent practicable, establish and implement 

alternatives (including adaptive use) for historic property that 

is not needed for current or projected agency purposes; and 

(2) may lease historic property owned by the agency to any 

person or organization, or exchange any property owned by 

the agency with comparable historic property, if the agency 

head determines that the lease or exchange will adequately 

ensure the preservation of the historic property. 

(b) PROCEEDS OF LEASE.—Notwithstanding any other provision 

of law, the proceeds of a lease under subsection (a) may be retained 

by the agency entering into the lease and used to defray the 

costs of administration, maintenance, repair, and related expenses 

incurred by the agency with respect to that property or other 

property that is on the National Register that is owned by, or 

are under the jurisdiction or control of, the agency. Any surplus 

proceeds from the leases shall be deposited in the Treasury at 

the end of the 2d fiscal year following the fiscal year in which 

the proceeds are received. 

§ 306122. Contracts for management of historic property 

The head of any Federal agency having responsibility for the 

management of any historic property may, after consultation with 

the Council, enter into a contract for the management of the property. The contract shall contain terms and conditions that the 

head of the agency considers necessary or appropriate to protect 

the interests of the United States and ensure adequate preservation 

of the historic property. 
H. R. 1068—136 

Subchapter III—Protection and 

Preservation of Resources 

§ 306131. Standards and guidelines 

(a) STANDARDS.— 

(1) IN GENERAL.—Each Federal agency that is responsible 

for the protection of historic property (including archeological 

property) pursuant to this division or any other law shall ensure 

that— 

(A) all actions taken by employees or contractors of the 

agency meet professional standards under regulations 

developed by the Secretary in consultation with the 

Council, other affected agencies, and the appropriate 

professional societies of archeology, architecture, conservation, history, landscape architecture, and planning; 

(B) agency personnel or contractors responsible for historic property meet qualification standards established by 

the Office of Personnel Management in consultation with 

the Secretary and appropriate professional societies of 

archeology, architecture, conservation, curation, history, 

landscape architecture, and planning; and 

(C) records and other data, including data produced by 

historical research and archeological surveys and excavations, are permanently maintained in appropriate databases and made available to potential users pursuant to 

such regulations as the Secretary shall promulgate. 

(2) CONSIDERATIONS.—The standards referred to in paragraph 

(1)(B) shall consider the particular skills and expertise needed 

for the preservation of historic property and shall be equivalent 

requirements for the disciplines involved. 

(3) REVISION.—The Office of Management and Budget shall 

revise qualification standards for the disciplines involved. 

(b) GUIDELINES.—To promote the preservation of historic property 

eligible for listing on the National Register, the Secretary shall, 

in consultation with the Council, promulgate guidelines to ensure 

that Federal, State, and tribal historic preservation programs subject to this division include plans to— 

(1) provide information to the owners of historic property 

(including architectural, curatorial, and archeological property) 

with demonstrated or likely research significance, about the 

need for protection of the historic property, and the available 

means of protection; 

(2) encourage owners to preserve historic property intact 

and in place and offer the owners of historic property information on the tax and grant assistance available for the donation 

of the historic property or of a preservation easement of the 

historic property; 

(3) encourage the protection of Native American cultural 

items (within the meaning of section 2 of the Native American 

Graves Protection and Repatriation Act (25 U.S.C. 3001)) and 

of property of religious or cultural importance to Indian tribes, 

Native Hawaiian organizations, or other Native American 

groups; and 

(4) encourage owners that are undertaking archeological excavations to— 
H. R. 1068—137 

(A) conduct excavations and analyses that meet standards for federally-sponsored excavations established by the 

Secretary; 

(B) donate or lend artifacts of research significance to 

an appropriate research institution; 

(C) allow access to artifacts for research purposes; and 

(D) prior to excavating or disposing of a Native American 

cultural item in which an Indian tribe or Native Hawaiian 

organization may have an interest under subparagraph 

(B) or (C) of section 3(a)(2) of the Native American Graves 

Protection and Repatriation Act (25 U.S.C. 3002(a)(2)(B), 

(C)), give notice to and consult with the Indian tribe or 

Native Hawaiian organization. 

Subdivision 6—Miscellaneous 

Chapter 3071—Miscellaneous 

Sec. 

307101. World Heritage Convention. 

307102. Effective date of regulations. 

307103. Access to information. 

307104. Inapplicability of division to White House, Supreme Court building, or 

United States Capitol. 307105. Attorney’s fees and costs to prevailing parties in civil actions. 

307106. Authorization for expenditure of appropriated funds. 

307107. Donations and bequests of money, personal property, and less than fee interests in historic property. 307108. Privately donated funds. 

§ 307101. World Heritage Convention 

(a) AUTHORITY OF SECRETARY.—In carrying out this section, the 

Secretary of the Interior may act directly or through an appropriate 

officer in the Department of the Interior. 

(b) PARTICIPATION BY UNITED STATES.—The Secretary shall direct 

and coordinate participation by the United States in the World 

Heritage Convention in cooperation with the Secretary of State, 

the Smithsonian Institution, and the Council. Whenever possible, 

expenditures incurred in carrying out activities in cooperation with 

other nations and international organizations shall be paid for 

in such excess currency of the country or area where the expense 

is incurred as may be available to the United States. 

(c) NOMINATION OF PROPERTY TO WORLD HERITAGE COMMITTEE.— 

The Secretary shall periodically nominate property that the Secretary determines is of international significance to the World Heritage Committee on behalf of the United States. No property may 

be nominated unless it has previously been determined to be of 

national significance. Each nomination shall include evidence of 

such legal protections as may be necessary to ensure preservation 

of the property and its environment (including restrictive covenants, 

easements, or other forms of protection). Before making any nomination, the Secretary shall notify the Committee on Natural Resources 

of the House of Representatives and the Committee on Energy 

and Natural Resources of the Senate. 

(d) NOMINATION OF NON-FEDERAL PROPERTY TO WORLD HERITAGE

COMMITTEE REQUIRES WRITTEN CONCURRENCE OF OWNER.—No nonFederal property may be nominated by the Secretary to the World 

Heritage Committee for inclusion on the World Heritage List unless 

the owner of the property concurs in the nomination in writing. 
H. R. 1068—138 

(e) CONSIDERATION OF UNDERTAKING ON PROPERTY.—Prior to the 

approval of any undertaking outside the United States that may 

directly and adversely affect a property that is on the World Heritage List or on the applicable country’s equivalent of the National 

Register, the head of a Federal agency having direct or indirect 

jurisdiction over the undertaking shall take into account the effect 

of the undertaking on the property for purposes of avoiding or 

mitigating any adverse effect. 

§ 307102. Effective date of regulations 

(a) PUBLICATION IN FEDERAL REGISTER.—No final regulation of 

the Secretary shall become effective prior to the expiration of 30 

calendar days after it is published in the Federal Register during 

which either or both Houses of Congress are in session. 

(b) DISAPPROVAL OF REGULATION BY RESOLUTION OF CONGRESS.— 

The regulation shall not become effective if, within 90 calendar 

days of continuous session of Congress after the date of promulgation, both Houses of Congress adopt a concurrent resolution, the 

matter after the resolving clause of which is as follows: ‘‘That 

Congress disapproves the regulation promulgated by the Secretary 

dealing with the matter of , which regulation was transmitted to Congress on , ’’ the blank spaces in the resolution 

being appropriately filled. 

(c) FAILURE OF CONGRESS TO ADOPT RESOLUTION OF DISAPPROVAL

OF REGULATION.—If at the end of 60 calendar days of continuous 

session of Congress after the date of promulgation of a regulation, 

no committee of either House of Congress has reported or been 

discharged from further consideration of a concurrent resolution 

disapproving the regulation, and neither House has adopted such 

a resolution, the regulation may go into effect immediately. If, 

within the 60 calendar days, a committee has reported or been 

discharged from further consideration of such a resolution, the 

regulation may go into effect not sooner than 90 calendar days 

of continuous session of Congress after its promulgation unless 

disapproved as provided for. 

(d) SESSIONS OF CONGRESS.—For purposes of this section— 

(1) continuity of session is broken only by an adjournment 

sine die; and 

(2) the days on which either House is not in session because 

of an adjournment of more than 3 days to a day certain are 

excluded in the computation of 60 and 90 calendar days of 

continuous session of Congress. 

(e) CONGRESSIONAL INACTION OR REJECTION OF RESOLUTION OF

DISAPPROVAL NOT DEEMED APPROVAL OF REGULATION.—Congressional inaction on or rejection of a resolution of disapproval shall 

not be deemed an expression of approval of the regulation. 

§ 307103. Access to information 

(a) AUTHORITY TO WITHHOLD FROM DISCLOSURE.—The head of 

a Federal agency, or other public official receiving grant assistance 

pursuant to this division, after consultation with the Secretary, 

shall withhold from disclosure to the public information about the 

location, character, or ownership of a historic property if the Secretary and the agency determine that disclosure may— 

(1) cause a significant invasion of privacy; 

(2) risk harm to the historic property; or 
H. R. 1068—139 

(3) impede the use of a traditional religious site by practitioners. 

(b) ACCESS DETERMINATION.—When the head of a Federal agency 

or other public official determines that information should be withheld from the public pursuant to subsection (a), the Secretary, 

in consultation with the Federal agency head or official, shall determine who may have access to the information for the purpose 

of carrying out this division. 

(c) CONSULTATION WITH COUNCIL.—When information described 

in subsection (a) has been developed in the course of an agency’s 

compliance with section 306107 or 306108 of this title, the Secretary 

shall consult with the Council in reaching determinations under 

subsections (a) and (b). 

§ 307104. Inapplicability of division to White House, Supreme 

Court building, or United States Capitol 

Nothing in this division applies to the White House and its 

grounds, the Supreme Court building and its grounds, or the United 

States Capitol and its related buildings and grounds. 

§ 307105. Attorney’s fees and costs to prevailing parties in 

civil actions 

In any civil action brought in any United States district court 

by any interested person to enforce this division, if the person 

substantially prevails in the action, the court may award attorney’s 

fees, expert witness fees, and other costs of participating in the 

civil action, as the court considers reasonable. 

§ 307106. Authorization for expenditure of appropriated 

funds 

Where appropriate, each Federal agency may expend funds appropriated for its authorized programs for the purposes of activities 

carried out pursuant to this division, except to the extent that 

appropriations legislation expressly provides otherwise. 

§ 307107. Donations and bequests of money, personal property, and less than fee interests in historic property 

(a) MONEY AND PERSONAL PROPERTY.—The Secretary may accept 

donations and bequests of money and personal property for the 

purposes of this division and shall hold, use, expend, and administer 

the money and personal property for those purposes. 

(b) LESS THAN FEE INTEREST IN HISTORIC PROPERTY.—The Secretary may accept gifts or donations of less than fee interests 

in any historic property where the acceptance of an interest will 

facilitate the conservation or preservation of the historic property. 

Nothing in this section or in any provision of this division shall 

be construed to affect or impair any other authority of the Secretary 

under other provision of law to accept or acquire any property 

for conservation or preservation or for any other purpose. 

§ 307108. Privately donated funds 

(a) PROJECTS FOR WHICH FUNDS MAY BE USED.—In furtherance 

of the purposes of this division, the Secretary may accept the 

donation of funds that may be expended by the Secretary for projects 

to acquire, restore, preserve, or recover data from any property 
H. R. 1068—140 

included on the National Register, as long as the project is owned 

by a State, any unit of local government, or any nonprofit entity. 

(b) CONSIDERATION OF FACTORS RESPECTING EXPENDITURE OF

FUNDS.— 

(1) IN GENERAL.—In expending the funds, the Secretary shall 

give due consideration to— 

(A) the national significance of the project; 

(B) its historical value to the community; 

(C) the imminence of its destruction or loss; and 

(D) the expressed intentions of the donor. 

(2) FUNDS AVAILABLE WITHOUT REGARD TO MATCHING

REQUIREMENTS.—Funds expended under this subsection shall 

be made available without regard to the matching requirements 

established by sections 302901 and 302902(b) of this title, but 

the recipient of the funds shall be permitted to utilize them 

to match any grants from the Historic Preservation Fund. 

(c) TRANSFER OF UNOBLIGATED FUNDS.—The Secretary may 

transfer unobligated funds previously donated to the Secretary for 

the purposes of the Service, with the consent of the donor, and 

any funds so transferred shall be used or expended in accordance 

with this division. 

Division B—Organizations and Programs 

Subdivision 1—Administered by National 

Park Service 

Chapter 3081—American Battlefield 

Protection Program 

Sec. 

308101. Definition. 

308102. Preservation assistance. 

308103. Battlefield acquisition grant program. 

§ 308101. Definition 

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

through the American Battlefield Protection Program. 

§ 308102. Preservation assistance 

(a) IN GENERAL.—Using the established national historic 

preservation program to the extent practicable, the Secretary shall 

encourage, support, assist, recognize, and work in partnership with 

citizens, Federal, State, local, and tribal governments, other public 

entities, educational institutions, and private nonprofit organizations in identifying, researching, evaluating, interpreting, and protecting historic battlefields and associated sites on a national, State, 

and local level. 

(b) FINANCIAL ASSISTANCE.—To carry out subsection (a), the Secretary may use a cooperative agreement, grant, contract, or other 

generally adopted means of providing financial assistance. 

(c) AUTHORIZATION OF APPROPRIATIONS.—There is authorized to 

be appropriated to carry out this section $3,000,000 for each fiscal 

year, to remain available until expended. 
H. R. 1068—141 

§ 308103. Battlefield acquisition grant program 

(a) DEFINITION.—In this section, the term ‘‘eligible site’’ means 

a site— 

(1) that is not within the exterior boundaries of a System 

unit; and 

(2) that is identified in the document entitled ‘‘Report on 

the Nation’s Civil War Battlefields’’, prepared by the Civil 

War Sites Advisory Commission, and dated July 1993. 

(b) ESTABLISHMENT.—The Secretary shall establish a battlefield 

acquisition grant program under which the Secretary may provide 

grants to State and local governments to pay the Federal share 

of the cost of acquiring interests in eligible sites for the preservation 

and protection of those eligible sites. 

(c) NONPROFIT PARTNERS.—A State or local government may 

acquire an interest in an eligible site using a grant under this 

section in partnership with a nonprofit organization. 

(d) NON-FEDERAL SHARE.—The non-Federal share of the total 

cost of acquiring an interest in an eligible site under this section 

shall be not less than 50 percent. 

(e) LIMITATION ON LAND USE.—An interest in an eligible site 

acquired under this section shall be subject to section 200305(f)(3) 

of this title. 

(f) AUTHORIZATION OF APPROPRIATIONS.—There is authorized to 

be appropriated to the Secretary to provide grants under this section 

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

Chapter 3083—National Underground 

Railroad Network to Freedom 

Sec. 

308301. Definition. 

308302. Program. 

308303. Preservation and interpretation of Underground Railroad history, historic 

sites, and structures. 

308304. Authorization of appropriations. 

§ 308301. Definition 

In this chapter, the term ‘‘national network’’ means the National 

Underground Railroad Network to Freedom established under section 308302 of this title. 

§ 308302. Program 

(a) ESTABLISHMENT; RESPONSIBILITIES OF SECRETARY.—The Secretary shall establish in the Service the National Underground 

Railroad Network to Freedom. Under the national network, the 

Secretary shall— 

(1) produce and disseminate appropriate educational materials, such as handbooks, maps, interpretive guides, or electronic information; 

(2) enter into appropriate cooperative agreements and memoranda of understanding to provide technical assistance under 

subsection (c); and 

(3) create and adopt an official, uniform symbol or device 

for the national network and issue regulations for its use. 

(b) ELEMENTS.—The national network shall encompass the following elements: 
H. R. 1068—142 

(1) All System units and programs of the Service determined 

by the Secretary to pertain to the Underground Railroad. 

(2) Other Federal, State, local, and privately owned properties 

pertaining to the Underground Railroad that have a verifiable 

connection to the Underground Railroad and that are included 

on, or determined by the Secretary to be eligible for inclusion 

on, the National Register of Historic Places. 

(3) Other governmental and nongovernmental facilities and 

programs of an educational, research, or interpretive nature 

that are directly related to the Underground Railroad. 

(c) COOPERATIVE AGREEMENTS AND MEMORANDA OF UNDERSTANDING.—To achieve the purposes of this chapter and to ensure 

effective coordination of the Federal and non-Federal elements of 

the national network with System units and programs of the 

Service, the Secretary may enter into cooperative agreements and 

memoranda of understanding with, and provide technical assistance— 

(1) to the heads of other Federal agencies, States, localities, 

regional governmental bodies, and private entities; and 

(2) in cooperation with the Secretary of State, to the governments of Canada, Mexico, and any appropriate country in the 

Caribbean. 

§ 308303. Preservation and interpretation of Underground 

Railroad history, historic sites, and structures 

(a) AUTHORITY TO MAKE GRANTS.—The Secretary may make 

grants in accordance with this section for the preservation and 

restoration of historic buildings or structures associated with the 

Underground Railroad, and for related research and documentation 

to sites, programs, or facilities that have been included in the 

national network. 

(b) GRANT CONDITIONS.—Any grant made under this section shall 

provide that— 

(1) no change or alteration may be made in property for 

which the grant is used except with the agreement of the 

property owner and the Secretary; 

(2) the Secretary shall have the right of access at reasonable 

times to the public portions of the property for interpretive 

and other purposes; and 

(3) conversion, use, or disposal of the property for purposes 

contrary to the purposes of this chapter, as determined by 

the Secretary, shall result in a right of the United States 

to compensation equal to all Federal funds made available 

to the grantee under this chapter. 

(c) MATCHING REQUIREMENT.—The Secretary may obligate funds 

made available for a grant under this section only if the grantee 

agrees to match, from funds derived from non-Federal sources, 

the amount of the grant with an amount that is equal to or greater 

than the grant. The Secretary may waive the requirement if the 

Secretary determines that an extreme emergency exists or that 

a waiver is in the public interest to ensure the preservation of 

historically significant resources. 

§ 308304. Authorization of appropriations 

(a) AMOUNTS.—There is authorized to be appropriated to carry 

out this chapter $2,500,000 for each fiscal year, of which— 
H. R. 1068—143 

(1) $2,000,000 shall be used to carry out section 308302 

of this title; and (2) $500,000 shall be used to carry out section 308303 of 

this title. 

(b) LIMITATION.—No amount may be appropriated for the purposes of this chapter except to the Secretary for carrying out the 

responsibilities of the Secretary as set forth in this chapter. 

Chapter 3085—National Women’s Rights 

History Project 

Sec. 

308501. National women’s rights history project national registry. 

308502. National women’s rights history project partnerships network. 

§ 308501. National women’s rights history project national 

registry 

(a) IN GENERAL.—The Secretary may make annual grants to 

State historic preservation offices for not more than 5 years to 

assist the State historic preservation offices in surveying, evaluating, and nominating to the National Register of Historic Places 

women’s rights history properties. 

(b) ELIGIBILITY.—In making grants under subsection (a), the Secretary shall give priority to grants relating to properties associated 

with the multiple facets of the women’s rights movement, such 

as politics, economics, education, religion, and social and family 

rights. 

(c) UPDATES.—The Secretary shall ensure that the National Register travel itinerary website entitled ‘‘Places Where Women Made 

History’’ is updated to contain— 

(1) the results of the inventory conducted under subsection 

(a); and 

(2) any links to websites related to places on the inventory. 

(d) COST-SHARING REQUIREMENT.—The Federal share of the cost 

of any activity carried out using any assistance made available 

under this section shall be 50 percent. 

(e) AUTHORIZATION OF APPROPRIATIONS.—There is authorized to 

be appropriated to the Secretary to carry out this section $1,000,000 

for each of fiscal years 2012 and 2013. 

§ 308502. National women’s rights history project partnerships network 

(a) GRANTS.—The Secretary may make matching grants and give 

technical assistance for development of a network of governmental 

and nongovernmental entities (referred to in this section as the 

‘‘network’’), the purpose of which is to provide interpretive and 

educational program development of national women’s rights history, including historic preservation. 

(b) MANAGEMENT OF NETWORK.— 

(1) IN GENERAL.—Through a competitive process, the Secretary shall designate a nongovernmental managing entity to 

manage the network. 

(2) COORDINATION.—The nongovernmental managing entity 

designated under paragraph (1) shall work in partnership with 

the Director and State historic preservation offices to coordinate 

operation of the network. 

(c) COST-SHARING REQUIREMENT.— 
H. R. 1068—144 

(1) IN GENERAL.—The Federal share of the cost of any activity 

carried out using any assistance made available under this 

section shall be 50 percent. 

(2) STATE HISTORIC PRESERVATION OFFICES.—Matching grants 

for historic preservation specific to the network may be made 

available through State historic preservation offices. 

(d) AUTHORIZATION OF APPROPRIATIONS.—There is authorized to 

be appropriated to the Secretary to carry out this section $1,000,000 

for each of fiscal years 2012 and 2013. 

Chapter 3087—National Maritime Heritage 

Sec. 

308701. Policy. 

308702. Definitions. 

308703. National Maritime Heritage Grants Program. 

308704. Funding. 

308705. Designation of America’s National Maritime Museum. 

308706. Regulations. 

308707. Applicability of other authorities. 

§ 308701. Policy 

It shall be the policy of the Federal Government, in partnership 

with the States and local governments and private organizations 

and individuals, to— 

(1) use measures, including financial and technical assistance, 

to foster conditions under which our modern society and our 

historic maritime resources can exist in productive harmony; 

(2) provide leadership in the preservation of the historic 

maritime resources of the United States; 

(3) contribute to the preservation of historic maritime 

resources and give maximum encouragement to organizations 

and individuals undertaking preservation by private means; 

and 

(4) assist State and local governments to expand their maritime historic preservation programs and activities. 

§ 308702. Definitions 

In this chapter: 

(1) NATIONAL TRUST.—The term ‘‘National Trust’’ means the 

National Trust for Historic Preservation in the United States 

established under section 312102 of this title. 

(2) PRIVATE NONPROFIT ORGANIZATION.—The term ‘‘private 

nonprofit organization’’ means any person that is exempt from 

taxation under section 501(a) of the Internal Revenue Code 

of 1986 (26 U.S.C. 501(a)) and described in section 501(c)(3) 

of the Internal Revenue Code of 1986 (26 U.S.C. 501(c)(3)). 

(3) PROGRAM.—The term ‘‘Program’’ means the National 

Maritime Heritage Grants Program established under section 

308703(a) of this title. 

(4) STATE HISTORIC PRESERVATION OFFICER.—The term ‘‘State 

Historic Preservation Officer’’ means a State Historic Preservation Officer appointed pursuant to section 302301(1) of this 

title by the chief executive official of a State having a State 

Historic Preservation Program approved by the Secretary under 

that section. 
H. R. 1068—145 

§ 308703. National Maritime Heritage Grants Program 

(a) ESTABLISHMENT.—There is established in the Department of 

the Interior the National Maritime Heritage Grants Program, to 

foster in the American public a greater awareness and appreciation 

of the role of maritime endeavors in our Nation’s history and 

culture. The Program shall consist of— 

(1) annual grants to the National Trust for subgrants 

administered by the National Trust for maritime heritage education projects under subsection (b); and 

(2) grants to State Historic Preservation Officers for maritime 

heritage preservation projects carried out or administered by 

those Officers under subsection (c). 

(b) GRANTS FOR MARITIME HERITAGE EDUCATION PROJECTS.— (1) GRANTS TO NATIONAL TRUST.—The Secretary, subject to 

paragraph (2), and the availability of amounts for that purpose 

under section 308704(b)(1)(A) of this title, shall make an annual 

grant to the National Trust for maritime heritage education 

projects. 

(2) USE OF GRANTS.—Amounts received by the National Trust 

as an annual grant under this subsection shall be used to 

make subgrants to State and local governments and private 

nonprofit organizations to carry out education projects that 

have been approved by the Secretary under subsection (f) and 

that consist of— 

(A) assistance to any maritime museum or historical 

society for— 

(i) existing and new educational programs, exhibits, 

educational activities, conservation, and interpretation 

of artifacts and collections; 

(ii) minor improvements to educational and museum 

facilities; and 

(iii) other similar activities; 

(B) activities designed to encourage the preservation of 

traditional maritime skills, including— 

(i) building and operation of vessels of all sizes and 

types for educational purposes; 

(ii) special skills such as wood carving, sail making, 

and rigging; 

(iii) traditional maritime art forms; and 

(iv) sail training; 

(C) other educational activities relating to historic maritime resources, including— 

(i) maritime educational waterborne-experience 

programs in historic vessels or vessel reproductions; 

(ii) maritime archeological field schools; and 

(iii) educational programs on other aspects of maritime history; 

(D) heritage programs focusing on maritime historic 

resources, including maritime heritage trails and corridors; 

or 

(E) the construction and use of reproductions of historic 

maritime resources for educational purposes, if a historic 

maritime resource no longer exists or would be damaged 

or consumed through direct use. 

(c) GRANTS FOR MARITIME HERITAGE PRESERVATION PROJECTS.— 

(1) GRANTS TO STATE HISTORIC PRESERVATION OFFICERS.— 

The Secretary, acting through the National Maritime Initiative 
H. R. 1068—146 

of the Service and subject to paragraph (2), and the availability 

of amounts for that purpose under section 308704(b)(1)(B) of 

this title, shall make grants to State Historic Preservation 

Officers for maritime heritage preservation projects. 

(2) USE OF GRANTS.—Amounts received by a State Historic 

Preservation Officer as a grant under this subsection shall 

be used by the Officer to carry out, or to make subgrants 

to local governments and private nonprofit organizations to 

carry out, projects that have been approved by the Secretary 

under subsection (f) for the preservation of historic maritime 

resources through— 

(A) identification of historic maritime resources, including 

underwater archeological sites; 

(B) acquisition of historic maritime resources for the 

purposes of preservation; 

(C) repair, restoration, stabilization, maintenance, or 

other capital improvements to historic maritime resources, 

in accordance with standards prescribed by the Secretary; 

and 

(D) research, recording (through drawings, photographs, 

or otherwise), planning (through feasibility studies, 

architectural and engineering services, or otherwise), and 

other services carried out as part of a preservation program 

for historic maritime resources. 

(d) CRITERIA FOR DIRECT GRANT AND SUBGRANT ELIGIBILITY.— 

To qualify for a subgrant from the National Trust under subsection 

(b), or a direct grant to or a subgrant from a State Historic Preservation Officer under subsection (c), a person shall— 

(1) demonstrate that the project for which the direct grant 

or subgrant will be used has the potential for reaching a broad 

audience with an effective educational program based on American maritime history, technology, or the role of maritime 

endeavors in American culture; 

(2) match the amount of the direct grant or subgrant, on 

a 1-to-1 basis, with non-Federal assets from non-Federal 

sources, which may include cash or donated services fairly 

valued as determined by the Secretary; 

(3) maintain records as may be reasonably necessary to fully 

disclose— 

(A) the amount and the disposition of the proceeds of 

the direct grant or subgrant; 

(B) the total cost of the project for which the direct 

grant or subgrant is made; and 

(C) other records as may be required by the Secretary, 

including such records as will facilitate an effective 

accounting for project funds; 

(4) provide access to the Secretary for the purposes of any 

required audit and examination of any records of the person; 

and 

(5) be a unit of State or local government, or a private 

nonprofit organization. 

(e) PROCEDURES, TERMS, AND CONDITIONS.— 

(1) APPLICATION PROCEDURES.—An application for a subgrant 

under subsection (b), or a direct grant or subgrant under subsection (c), shall be submitted under procedures prescribed 

by the Secretary. 
H. R. 1068—147 

(2) TERMS AND CONDITIONS.—A person may not receive a 

subgrant under subsection (b), or a direct grant or subgrant 

under subsection (c), unless the person agrees to assume, after 

completion of the project for which the direct grant or subgrant 

is awarded, the total cost of the continued maintenance, repair, 

and administration of any property for which the subgrant 

will be used in a manner satisfactory to the Secretary. 

(f) ALLOCATION OF, AND LIMITATION ON, GRANT FUNDING.— 

(1) ALLOCATION.—To the extent feasible, the Secretary shall 

ensure that the amount made available under subsection (b) 

for maritime heritage education projects is equal to the amount 

made available under subsection (c) for maritime heritage 

preservation projects. 

(2) LIMITATION.—The amount provided by the Secretary in 

a fiscal year as grants under this section for projects relating 

to historic maritime resources owned or operated by the Federal 

Government shall not exceed 40 percent of the total amount 

available for the fiscal year for grants under this section. 

(g) PUBLICATION OF DIRECT GRANT AND SUBGRANT INFORMA- TION.—The Secretary shall publish annually in the Federal Register 

and otherwise as the Secretary considers appropriate— 

(1) a solicitation of applications for direct grants and subgrants under this section; 

(2) a list of priorities for the making of those direct grants 

and subgrants; 

(3) a single deadline for the submission of applications for 

those direct grants and subgrants; and 

(4) other relevant information. 

(h) DIRECT GRANT AND SUBGRANT ADMINISTRATION.— 

(1) RESPONSIBILITY.— (A) NATIONAL TRUST.—The National Trust is responsible 

for administering subgrants for maritime heritage education projects under subsection (b). 

(B) SECRETARY.—The Secretary is responsible for administering direct grants for maritime heritage preservation 

projects under subsection (c). 

(C) STATE HISTORIC PRESERVATION OFFICERS.—State Historic Preservation Officers are responsible for administering subgrants for maritime heritage preservation 

projects under subsection (c). 

(2) ACTIONS.—The appropriate responsible party under paragraph (1) shall administer direct grants or subgrants by— 

(A) publicizing the Program to prospective grantees, subgrantees, and the public at large, in cooperation with the 

Service, the Maritime Administration, and other appropriate government agencies and private institutions; 

(B) answering inquiries from the public, including providing information on the Program as requested; 

(C) distributing direct grant and subgrant applications; 

(D) receiving direct grant and subgrant applications and 

ensuring their completeness; 

(E) keeping records of all direct grant and subgrant 

awards and expenditures of funds; 

(F) monitoring progress of projects carried out with direct 

grants and subgrants; and 

(G) providing to the Secretary such progress reports as 

may be required by the Secretary. 
H. R. 1068—148 

(i) ASSISTANCE OF MARITIME PRESERVATION ORGANIZATIONS.— 

The Secretary, the National Trust, and the State Historic Preservation Officers may, individually or jointly, enter into cooperative 

agreements with any private nonprofit organization with appropriate expertise in maritime preservation issues, or other qualified 

maritime preservation organizations, to assist in the administration 

of the Program. 

(j) REPORT TO CONGRESS.—The Secretary shall submit to Congress 

an annual report on the Program, including— 

(1) a description of each project funded under the Program 

in the period covered by the report; 

(2) the results or accomplishments of each such project; and 

(3) recommended priorities for achieving the policy set forth 

in section 308701 of this title. 

§ 308704. Funding 

(a) AVAILABILITY OF FUNDS FROM SALE AND SCRAPPING OF OBSOLETE VESSELS.— 

(1) IN GENERAL.—Notwithstanding any other provision of law, 

the amount of funds credited in a fiscal year to the Vessel 

Operations Revolving Fund established by section 50301(a) of 

title 46 that is attributable to the sale of obsolete vessels 

in the National Defense Reserve Fleet that are scrapped or 

sold under section 57102, 57103, or 57104 of title 46 shall 

be available until expended as follows: 

(A) Fifty percent shall be available to the Administrator 

of the Maritime Administration for such acquisition, 

maintenance, repair, reconditioning, or improvement of vessels in the National Defense Reserve Fleet as is authorized 

under other Federal law. 

(B) Twenty five percent shall be available to the Administrator of the Maritime Administration for the payment 

or reimbursement of expenses incurred by or on behalf 

of State maritime academies or the United States Merchant 

Marine Academy for facility and training ship maintenance, 

repair, and modernization, and for the purchase of simulators and fuel. 

(C) The remainder shall be available— 

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

provided in subsection (b); or 

(ii) if otherwise determined by the Administrator 

of the Maritime Administration, for use in the 

preservation and presentation to the public of maritime 

heritage property of the Maritime Administration. 

(2) APPLICABILITY.—Paragraph (1) does not apply to amounts 

credited to the Vessel Operations Revolving Fund before July 

1, 1994. 

(b) USE OF AMOUNTS FOR PROGRAM.— 

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

amounts available each fiscal year for the Program under subsection (a)(1)(C)— 

(A) one half shall be used for grants under section 

308703(b) of this title; and 

(B) one half shall be used for grants under section 

308703(c) of this title. 

(2) ADMINISTRATIVE EXPENSES.— 
H. R. 1068—149 

(A) IN GENERAL.—Not more than 15 percent or $500,000, 

whichever is less, of the amount available for the Program 

under subsection (a)(1)(C) for a fiscal year may be used 

for expenses of administering the Program. 

(B) ALLOCATION.—Of the amount available under 

subparagraph (A) for a fiscal year— 

(i) one half shall be allocated to the National Trust 

for expenses incurred in administering grants under 

section 308703(b) of this title; and 

(ii) one half shall be allocated as appropriate by 

the Secretary to the Service and participating State 

Historic Preservation Officers. 

(c) DISPOSAL OF VESSELS.— 

(1) REQUIREMENT.—The Secretary of Transportation shall dispose (by sale or by purchase of disposal services) of all vessels 

described in paragraph (2)— 

(A) in accordance with a priority system for disposing 

of vessels, as determined by the Secretary, that shall 

include provisions requiring the Maritime Administration 

to— 

(i) dispose of all deteriorated high priority ships that 

are available for disposal within 12 months of their 

designation as available for disposal; and 

(ii) give priority to the disposition of those vessels 

that pose the most significant danger to the environment or cost the most to maintain; 

(B) in the manner that provides the best value to the 

Federal Government, except in any case in which obtaining 

the best value would require towing a vessel and the towing 

poses a serious threat to the environment; and 

(C) in accordance with the plan of the Department of 

Transportation for disposal of those vessels and requirements under sections 57102 to 57104 of title 46. 

(2) DESCRIPTION OF VESSELS.—The vessels referred to in paragraph (1) are the vessels in the National Defense Reserve 

Fleet after July 1, 1994, that— 

(A) are not assigned to the Ready Reserve Force component of the National Defense Reserve Fleet; and 

(B) are not specifically authorized or required by statute 

to be used for a particular purpose. 

(d) TREATMENT OF AVAILABLE AMOUNTS.—Amounts available 

under this section shall not be considered in any determination 

of the amounts available to the Department of the Interior. 

§ 308705. Designation of America’s National Maritime 

Museum 

(a) IN GENERAL.—America’s National Maritime Museum shall 

be composed of the museums designated by law to be museums 

of America’s National Maritime Museum on the basis that the 

museums— 

(1) house a collection of maritime artifacts clearly representing the Nation’s maritime heritage; and 

(2) provide outreach programs to educate the public about 

the Nation’s maritime heritage. 

(b) INITIAL DESIGNATION.—The following museums (meeting the 

criteria specified in subsection (a)) are designated as museums 

of America’s National Maritime Museum: 
H. R. 1068—150 

(1) The Mariners’ Museum, located at 100 Museum Drive, 

Newport News, Virginia. 

(2) The South Street Seaport Museum, located at 207 Front 

Street, New York, New York. 

(c) FUTURE DESIGNATION OF OTHER MUSEUMS NOT PRECLUDED.— The designation of the museums referred to in subsection (b) as 

museums of America’s National Maritime Museum does not preclude the designation by law of any other museum that meets 

the criteria specified in subsection (a) as a museum of America’s 

National Maritime Museum. 

(d) REFERENCE TO MUSEUMS.—Any reference in any law, map, 

regulation, document, paper, or other record of the United States 

to a museum designated by law to be a museum of America’s 

National Maritime Museum shall be deemed to be a reference 

to that museum as a museum of America’s National Maritime 

Museum. 

§ 308706. Regulations 

The Secretary, after consultation with the National Trust, the 

National Conference of State Historic Preservation Officers, and 

appropriate members of the maritime heritage community, shall 

prescribe appropriate guidelines, procedures, and regulations to 

carry out the chapter, including direct grant and subgrant priorities, 

the method of solicitation and review of direct grant and subgrant 

proposals, criteria for review of direct grant and subgrant proposals, 

administrative requirements, reporting and recordkeeping requirements, and any other requirements the Secretary considers appropriate. 

§ 308707. Applicability of other authorities 

The authorities contained in this chapter shall be in addition 

to, and shall not be construed to supersede or modify those contained in division A of this subtitle. 

Chapter 3089—Save America’s Treasures 

Program 

Sec. 

308901. Definitions. 

308902. Establishment. 

308903. Grants. 

308904. Guidelines and regulations. 

308905. Authorization of appropriations. 

§ 308901. Definitions 

In this chapter: 

(1) COLLECTION.—The term ‘‘collection’’ means a collection 

of intellectual and cultural artifacts, including documents, 

sculpture, and works of art. 

(2) ELIGIBLE ENTITY.—The term ‘‘eligible entity’’ means a 

Federal entity, State, local, or tribal government, educational 

institution, or nonprofit organization. 

(3) HISTORIC PROPERTY.—The term ‘‘historic property’’ has 

the meaning given the term in section 300308 of this title. 

(4) NATIONALLY SIGNIFICANT.—The term ‘‘nationally significant’’, in reference to a collection or historic property, means 

a collection or historic property that meets the applicable criteria for national significance, in accordance with regulations 
H. R. 1068—151 

promulgated by the Secretary pursuant to section 302103 of 

this title. 

(5) PROGRAM.—The term ‘‘program’’ means the Save America’s Treasures Program established under section 308902(a) 

of this title. 

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

acting through the Director. 

§ 308902. Establishment 

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

Interior the Save America’s Treasures Program. 

(b) PARTICIPANTS.—In consultation and partnership with the 

National Endowment for the Arts, the National Endowment for 

the Humanities, the Institute of Museum and Library Services, 

the National Trust for Historic Preservation in the United States, 

the National Conference of State Historic Preservation Officers, 

the National Association of Tribal Historic Preservation Officers, 

and the President’s Committee on the Arts and the Humanities, 

the Secretary shall use the amounts made available under section 

308905 of this title to provide grants to eligible entities for projects 

to preserve nationally significant collections and historic property. 

§ 308903. Grants 

(a) DETERMINATION OF GRANTS.—Of the amounts made available 

for grants under section 308905 of this title, not less than 50 

percent shall be made available for grants for projects to preserve 

collections and historic property, to be distributed through a 

competitive grant process administered by the Secretary, subject 

to the selection criteria established under subsection (d). 

(b) APPLICATION FOR GRANTS.—To be considered for a grant under 

the program an eligible entity shall submit to the Secretary an 

application containing such information as the Secretary may 

require. 

(c) COLLECTIONS AND HISTORIC PROPERTY ELIGIBLE FOR

GRANTS.— 

(1) IN GENERAL.—A collection or historic property shall be 

provided a grant under the program only if the Secretary determines that the collection or historic property is— 

(A) nationally significant; and 

(B) threatened or endangered. 

(2) ELIGIBLE COLLECTIONS.—A determination by the Secretary 

regarding the national significance of a collection under paragraph (1)(A) shall be made in consultation with the organizations described in section 308902(b) of this title, as appropriate. 

(3) ELIGIBLE HISTORIC PROPERTY.—To be eligible for a grant 

under the program, a historic property shall, as of the date 

of the grant application— 

(A) be listed on the National Register of Historic Places 

at the national level of significance; or 

(B) be designated as a National Historic Landmark. 

(d) SELECTION CRITERIA.— (1) IN GENERAL.—The Secretary shall not provide a grant 

under this chapter to a project for a collection or historic 

property unless the project— 

(A) eliminates or substantially mitigates the threat of 

destruction or deterioration of the collection or historic 

property; 
H. R. 1068—152 

(B) has a clear public benefit; and 

(C) is able to be completed on schedule and within the 

budget described in the grant application. 

(2) PREFERENCE.—In providing grants under this chapter, 

the Secretary may give preference to projects that carry out 

the purposes of both the program and the Preserve America 

Program. 

(3) LIMITATION.—In providing grants under this chapter, the 

Secretary shall provide only one grant to each project selected 

for a grant. 

(e) CONSULTATION AND NOTIFICATION BY SECRETARY.— 

(1) CONSULTATION.— 

(A) IN GENERAL.—Subject to subparagraph (B), the Secretary shall consult with the organizations described in 

section 308902(b) of this title in preparing the list of 

projects to be provided grants for a fiscal year under the 

program. 

(B) LIMITATION.—If an organization described in section 

308902(b) of this title has submitted an application for 

a grant under the program, the organization shall be 

recused by the Secretary from the consultation requirements under subparagraph (A) and section 308902(b) of 

this title. 

(2) NOTIFICATION.—Not later than 30 days before the date 

on which the Secretary provides grants for a fiscal year under 

the program, the Secretary shall submit to the Committee 

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

and Committee on Appropriations of the House of Representatives a list of any eligible projects that are to be provided 

grants under the program for the fiscal year. 

(f) COST-SHARING REQUIREMENT.— 

(1) IN GENERAL.—The non-Federal share of the cost of carrying out a project provided a grant under this chapter shall 

be not less than 50 percent of the total cost of the project. 

(2) FORM OF NON-FEDERAL SHARE.—The non-Federal share 

required under paragraph (1) shall be in the form of— 

(A) cash; or 

(B) donated supplies or related services, the value of 

which shall be determined by the Secretary. 

(3) REQUIREMENT.—The Secretary shall ensure that each 

applicant for a grant has the capacity and a feasible plan 

for securing the non-Federal share for an eligible project 

required under paragraph (1) before a grant is provided to 

the eligible project under the program. 

§ 308904. Guidelines and regulations 

The Secretary shall develop any guidelines and prescribe any 

regulations that the Secretary determines to be necessary to carry 

out this chapter. 

§ 308905. Authorization of appropriations 

There is authorized to be appropriated to carry out this chapter 

$50,000,000 for each fiscal year, to remain available until expended. 
H. R. 1068—153 

Chapter 3091—Commemoration of Former 

Presidents 

Sec. 

309101. Sites and structures that commemorate former Presidents. 

§ 309101. Sites and structures that commemorate former 

Presidents 

(a) SURVEY.—The Secretary may conduct a survey of sites that 

the Secretary considers exhibit qualities most appropriate for the 

commemoration of each former President. The survey may— 

(1) include sites associated with the deeds, leadership, or 

lifework of a former President; and 

(2) identify sites or structures historically unrelated to a 

former President but that may be suitable as a memorial to 

honor that President. 

(b) REPORTS.—The Secretary shall, from time to time, prepare 

and transmit to the Committee on Natural Resources of the House 

of Representatives and the Committee on Energy and Natural 

Resources of the Senate reports on individual sites and structures 

identified in a survey under subsection (a), together with the Secretary’s recommendation as to whether the site or structure is 

suitable for establishment as a national historic site or national 

memorial to commemorate a former President. Each report shall 

include pertinent information with respect to the need for acquisition of land and interests in land, the development of facilities, 

and the operation and maintenance of the site or structure and 

the estimated cost of the operation and maintenance. 

(c) ESTABLISHMENT AS NATIONAL HISTORIC SITE.—If during the 

6-month period following the transmittal of a report pursuant to 

subsection (b) neither Committee has by vote of a majority of 

its members disapproved a recommendation of the Secretary that 

a site or structure is suitable for establishment as a national 

historic site, the Secretary may by appropriate order establish the 

site or structure as a national historic site, including the land 

and interests in land identified in the report accompanying the 

recommendation of the Secretary. 

(d) ACQUISTION OF LAND AND INTERESTS IN LAND.—The Secretary 

may acquire the land and interests in land by donation, purchase 

with donated or appropriated funds, transfer from any other Federal 

agency, or exchange. 

(e) EFFECT OF SECTION.—Nothing in this section shall be construed as diminishing the authority of the Secretary under chapter 

3201 of this title or as authorizing the Secretary to establish any 

national memorial, creation of which is expressly reserved to Congress. 

Subdivision 2—Administered Jointly With 

National Park Service 

Chapter 3111—Preserve America Program 

Sec. 

311101. Definitions. 

311102. Establishment. 
H. R. 1068—154 

311103. Designation of Preserve America Communities. 

311104. Regulations. 

311105. Authorization of appropriations. 

§ 311101. Definitions 

In this chapter: 

(1) COUNCIL.—The term ‘‘Council’’ means the Advisory 

Council on Historic Preservation. 

(2) HERITAGE TOURISM.—The term ‘‘heritage tourism’’ means 

the conduct of activities to attract and accommodate visitors 

to a site or area based on the unique or special aspects of 

the history, landscape (including trail systems), and culture 

of the site or area. 

(3) PROGRAM.—The term ‘‘program’’ means the Preserve 

America Program established under section 311102(a). 

§ 311102. Establishment 

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

Interior the Preserve America Program, under which the Secretary, 

in partnership with the Council, may provide competitive grants 

to States, local governments (including local governments in the 

process of applying for designation as Preserve America Communities under section 311103 of this title, Indian tribes, communities 

designated as Preserve America Communities under section 311103 

of this title, State historic preservation offices, and tribal historic 

preservation offices to support preservation efforts through heritage 

tourism, education, and historic preservation planning activities. 

(b) ELIGIBLE PROJECTS.— 

(1) IN GENERAL.—The following projects shall be eligible for 

a grant under this chapter: 

(A) A project for the conduct of— 

(i) research on, and documentation of, the history 

of a community; and 

(ii) surveys of the historic resources of a community. 

(B) An education and interpretation project that conveys 

the history of a community or site. 

(C) A planning project (other than building rehabilitation) 

that advances economic development using heritage 

tourism and historic preservation. 

(D) A training project that provides opportunities for 

professional development in areas that would aid a community in using and promoting its historic resources. 

(E) A project to support heritage tourism in a Preserve 

America Community designated under section 311103 of 

this title. 

(F) Other nonconstruction projects that identify or promote historic properties or provide for the education of 

the public about historic properties that are consistent 

with the purposes of this chapter. 

(2) LIMITATION.—In providing grants under this chapter, the 

Secretary shall provide only one grant to each eligible project 

selected for a grant. 

(c) PREFERENCE.—In providing grants under this chapter, the 

Secretary may give preference to projects that carry out the purposes of both the program and the Save America’s Treasures Program. 

(d) CONSULTATION AND NOTIFICATION.— 
H. R. 1068—155 

(1) CONSULTATION.—The Secretary shall consult with the 

Council in preparing the list of projects to be provided grants 

for a fiscal year under the program. 

(2) NOTIFICATION.—Not later than 30 days before the date 

on which the Secretary provides grants for a fiscal year under 

the program, the Secretary shall submit to the Committee 

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

and Committee on Appropriations of the House of Representatives a list of any eligible projects that are to be provided 

grants under the program for the fiscal year. 

(e) COST-SHARING REQUIREMENT.— 

(1) IN GENERAL.—The non-Federal share of the cost of carrying out a project provided a grant under this chapter shall 

be not less than 50 percent of the total cost of the project. 

(2) FORM OF NON-FEDERAL SHARE.—The non-Federal share 

required under paragraph (1) shall be in the form of— 

(A) cash; or 

(B) donated supplies and related services, the value of 

which shall be determined by the Secretary. 

(3) REQUIREMENT.—The Secretary shall ensure that each 

applicant for a grant has the capacity to secure, and a feasible 

plan for securing, the non-Federal share for an eligible project 

required under paragraph (1) before a grant is provided to 

the eligible project under the program. 

§ 311103. Designation of Preserve America Communities 

(a) APPLICATION.—To be considered for designation as a Preserve 

America Community, a community, tribal area, or neighborhood 

shall submit to the Council an application containing such information as the Council may require. 

(b) CRITERIA.—To be designated as a Preserve America Community under the program, a community, tribal area, or neighborhood 

that submits an application under subsection (a) shall, as determined by the Council, in consultation with the Secretary, meet 

criteria required by the Council and, in addition, consider— 

(1) protection and celebration of the heritage of the community, tribal area, or neighborhood; 

(2) use of the historic assets of the community, tribal area, 

or neighborhood for economic development and community 

revitalization; and 

(3) encouragement of people to experience and appreciate 

local historic resources through education and heritage tourism 

programs. 

(c) LOCAL GOVERNMENTS PREVIOUSLY CERTIFIED FOR HISTORIC

PRESERVATION ACTIVITIES.—The Council shall establish an expedited process for Preserve America Community designation for local 

governments previously certified for historic preservation activities 

under section 302502 of this title. 

(d) GUIDELINES.—The Council, in consultation with the Secretary, 

shall establish any guidelines that are necessary to carry out this 

section. 

§ 311104. Regulations 

The Secretary shall develop any guidelines and issue any regulations that the Secretary determines to be necessary to carry out 

this chapter. 
H. R. 1068—156 

§ 311105. Authorization of appropriations 

There is authorized to be appropriated to carry out this chapter $25,000,000 for each fiscal year, to remain available until expended. 

Subdivision 3—Administered by Other 

Than National Park Service 

Chapter 3121—National Trust for Historic 

Preservation in the United States 

Sec. 

312101. Definitions. 

312102. Establishment and purposes. 

312103. Principal office. 

312104. Board of trustees. 

312105. Powers. 

312106. Consultation with National Park System Advisory Board. 

§ 312101. Definitions 

In this chapter: 

(1) BOARD.—The term ‘‘Board’’ means the board of trustees 

of the National Trust. 

(2) NATIONAL TRUST.—The term ‘‘National Trust’’ means the 

National Trust for Historic Preservation in the United States 

established under section 312102 of this title. 

§ 312102. Establishment and purposes 

(a) ESTABLISHMENT.—To further the policy enunciated in chapter 

3201 of this title, and to facilitate public participation in the 

preservation of sites, buildings, and objects of national significance 

or interest, there is established a charitable, educational, and nonprofit corporation to be known as the National Trust for Historic 

Preservation in the United States. 

(b) PURPOSES.—The purposes of the National Trust shall be to— 

(1) receive donations of sites, buildings, and objects significant 

in American history and culture; 

(2) preserve and administer the sites, buildings, and objects 

for public benefit; 

(3) accept, hold, and administer gifts of money, securities, 

or other property of any character for the purpose of carrying 

out the preservation program; and 

(4) execute other functions vested in the National Trust by 

this chapter. 

§ 312103. Principal office 

The National Trust shall have its principal office in the District 

of Columbia and shall be deemed, for purposes of venue in civil 

actions, to be a resident of the District of Columbia. The National 

Trust may establish offices in other places as it may consider 

necessary or appropriate in the conduct of its business. 

§ 312104. Board of trustees 

(a) MEMBERSHIP.—The affairs of the National Trust shall be 

under the general direction of a board of trustees composed as 

follows: 

(1) The Attorney General, the Secretary, and the Director 

of the National Gallery of Art, ex officio. 
H. R. 1068—157 

(2) Not fewer than 6 general trustees who shall be citizens 

of the United States. 

(b) DESIGNATION OF ANOTHER OFFICER.—The Attorney General 

and the Secretary, when it appears desirable in the interest of 

the conduct of the business of the Board and to such extent as 

they consider it advisable, may, by written notice to the National 

Trust, designate any officer of their respective departments to act 

for them in the discharge of their duties as a member of the 

Board. 

(c) GENERAL TRUSTEES.— (1) NUMBER AND SELECTION.—The number of general trustees 

shall be fixed by the Board and shall be chosen by the members 

of the National Trust from its members at any regular meeting 

of the National Trust. 

(2) TERM OF OFFICE.—The respective terms of office of the 

general trustees shall be as prescribed by the Board but in 

no case shall exceed a period of 5 years from the date of 

election. 

(3) SUCCESSOR.—A successor to a general trustee shall be 

chosen in the same manner and shall have a term expiring 

5 years from the date of the expiration of the term for which 

the predecessor was chosen, except that a successor chosen 

to fill a vacancy occurring prior to the expiration of a term 

shall be chosen only for the remainder of that term. 

(d) CHAIRMAN.—The chairman of the Board shall be elected by 

a majority vote of the members of the Board. 

(e) COMPENSATION AND REIMBURSEMENT.—No compensation shall 

be paid to the members of the Board for their services as such 

members, but they shall be reimbursed for travel and actual 

expenses necessarily incurred by them in attending board meetings 

and performing other official duties on behalf of the National Trust 

at the direction of the Board. 

§ 312105. Powers 

(a) IN GENERAL.—To the extent necessary to enable it to carry 

out the functions vested in it by this chapter, the National Trust 

has the general powers described in this section. 

(b) SUCCESSION.—The National Trust has succession until dissolved by Act of Congress, in which event title to the property 

of the National Trust, both real and personal, shall, insofar as 

consistent with existing contractual obligations and subject to all 

other legally enforceable claims or demands by or against the 

National Trust, pass to and become vested in the United States. 

(c) SUE AND BE SUED.—The National Trust may sue and be 

sued in its corporate name. 

(d) CORPORATE SEAL.—The National Trust may adopt, alter, and 

use a corporate seal that shall be judicially noticed. 

(e) CONSTITUTION, BYLAWS, AND REGULATIONS.—The National 

Trust may adopt a constitution and prescribe such bylaws and 

regulations, not inconsistent with the laws of the United States 

or of any State, as it considers necessary for the administration 

of its functions under this chapter, including among other matters, 

bylaws and regulations governing visitation to historic properties, 

administration of corporate funds, and the organization and procedure of the Board. 

(f) PERSONAL PROPERTY.—The National Trust may accept, hold, 

and administer gifts and bequests of money, securities, or other 
H. R. 1068—158 

personal property of any character, absolutely or in trust, for the 

purposes for which the National Trust is created. Unless otherwise 

restricted by the terms of a gift or bequest, the National Trust 

may sell, exchange, or otherwise dispose of, and invest or reinvest 

in investments as it may determine from time to time, the moneys, 

securities, or other property given or bequeathed to it. The principal 

of corporate funds and the income from those funds and all other 

revenues received by the National Trust from any source shall 

be placed in such depositories as the National Trust shall determine 

and shall be subject to expenditure by the National Trust for 

its corporate purposes. 

(g) REAL PROPERTY.—The National Trust may acquire by gift, 

devise, purchase, or otherwise, absolutely or in trust, and hold 

and, unless otherwise restricted by the terms of the gift or devise, 

encumber, convey, or otherwise dispose of, any real property, or 

any estate or interest in real property (except property within 

the exterior boundaries of a System unit), as may be necessary 

and proper in carrying into effect the purposes of the National 

Trust. 

(h) CONTRACTS AND COOPERATIVE AGREEMENTS RESPECTING

PROTECTION, PRESERVATION, MAINTENANCE, OR OPERATION.—The 

National Trust may contract and make cooperative agreements 

with Federal, State, or local agencies, corporations, associations, 

or individuals, under terms and conditions that the National Trust 

considers advisable, respecting the protection, preservation, maintenance, or operation of any historic site, building, object, or property 

used in connection with the site, building, object, or property for 

public use, regardless of whether the National Trust has acquired 

title to the property, or any interest in the property. 

(i) ENTER INTO CONTRACTS AND EXECUTE INSTRUMENTS.—The 

National Trust may enter into contracts generally and execute 

all instruments necessary or appropriate to carry out its corporate 

purposes, including concession contracts, leases, or permits for the 

use of land, buildings, or other property considered desirable either 

to accommodate the public or to facilitate administration. 

(j) OFFICERS, AGENTS, AND EMPLOYEES.—The National Trust may 

appoint and prescribe the duties of officers, agents, and employees 

as may be necessary to carry out its functions, and fix and pay 

compensation to them for their services as the National Trust 

may determine. 

(k) LAWFUL ACTS.—The National Trust may generally do any 

and all lawful acts necessary or appropriate to carry out the purposes for which the National Trust is created. 

§ 312106. Consultation with National Park System Advisory 

Board 

In carrying out its functions under this chapter, the National 

Trust may consult with the National Park System Advisory Board 

on matters relating to the selection of sites, buildings, and objects 

to be preserved and protected pursuant to this chapter. 

Chapter 3123—Commission for the 

Preservation of America’s Heritage Abroad 

Sec. 

312301. Definition. 
H. R. 1068—159 

312302. Declaration of national interest. 

312303. Establishment. 

312304. Duties and powers; administrative support. 

312305. Reports. 

§ 312301. Definition 

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

for the Preservation of America’s Heritage Abroad established under 

section 312303 of this title. 

§ 312302. Declaration of national interest 

Because the fabric of a society is strengthened by visible 

reminders of the historical roots of the society, it is in the national 

interest to encourage the preservation and protection of the cemeteries, monuments, and historic buildings associated with the foreign heritage of United States citizens. 

§ 312303. Establishment 

(a) ESTABLISHMENT.—There is established a commission to be 

known as the Commission for the Preservation of America’s Heritage Abroad. 

(b) MEMBERSHIP.—The Commission shall consist of 21 members 

appointed by the President, 7 of whom shall be appointed after 

consultation with the Speaker of the House of Representatives 

and 7 of whom shall be appointed after consultation with the 

President pro tempore of the Senate. 

(c) TERM.— (1) IN GENERAL.—Except as provided in paragraph (2), a 

member of the Commission shall be appointed for a term of 

3 years. 

(2) VACANCY.—A member appointed to fill a vacancy on the 

Commission shall serve for the remainder of the term for which 

the member’s predecessor was appointed. 

(3) MEMBER UNTIL SUCCESSOR APPOINTED.—A member may 

retain membership on the Commission until the member’s successor has been appointed. 

(d) CHAIRMAN.—The President shall designate the Chairman of 

the Commission from among its members. 

(e) MEETINGS.—The Commission shall meet at least once every 

6 months. 

(f) COMPENSATION AND EXPENSES.— 

(1) COMPENSATION.—Members of the Commission shall 

receive no pay on account of their service on the Commission. 

(2) EXPENSES.—While away from their homes or regular 

places of business in the performance of services for the 

Commission, members of the Commission shall be allowed 

travel expenses, including per diem in lieu of subsistence, in 

the same manner as individuals employed intermittently in 

the Government service are allowed expenses under section 

5703 of title 5. 

§ 312304. Duties and powers; administrative support 

(a) DUTIES.—The Commission shall— 

(1) identify and publish a list of cemeteries, monuments, 

and historic buildings located abroad that are associated with 

the foreign heritage of United States citizens from eastern 

and central Europe, particularly cemeteries, monuments, and 

buildings that are in danger of deterioration or destruction; 
H. R. 1068—160 

(2) encourage the preservation and protection of those cemeteries, monuments, and historic buildings by obtaining, in 

cooperation with the Secretary of State, assurances from foreign 

governments that the cemeteries, monuments, and buildings 

will be preserved and protected; and 

(3) prepare and disseminate reports on the condition of, and 

the progress toward preserving and protecting, those cemeteries, monuments, and historic buildings. 

(b) POWERS.— 

(1) HOLD HEARINGS, REQUEST ATTENDANCE, TAKE TESTIMONY, 

AND RECEIVE EVIDENCE.—The Commission or any member it 

authorizes may, for the purposes of carrying out this chapter, 

hold such hearings, sit and act at such times and places, 

request such attendance, take such testimony, and receive such 

evidence, as the Commission considers appropriate. 

(2) APPOINT PERSONNEL AND FIX PAY.—The Commission may 

appoint such personnel (subject to the provisions of title 5 

governing appointments in the competitive service) and may 

fix the pay of such personnel (subject to the provisions of 

chapter 51 and subchapter III of chapter 53 of title 5), as 

the Commission considers desirable. 

(3) PROCURE TEMPORARY AND INTERMITTENT SERVICES.—The 

Commission may procure temporary and intermittent services 

to the same extent as is authorized by section 3109(b) of title 

5, but at rates for individuals not to exceed the daily equivalent 

of the maximum annual rate of basic pay then in effect under 

section 5376 of title 5. 

(4) DETAIL PERSONNEL TO COMMISISON.—On request of the 

Commission, the head of any Federal department or agency, 

including the Secretary of State, may detail, on a reimbursable 

basis, any of the personnel of that department or agency to 

the Commission to assist it in carrying out its duties under 

this chapter. 

(5) SECURE INFORMATION.—The Commission may secure 

directly from any department or agency of the United States, 

including the Department of State, any information necessary 

to enable it to carry out this chapter. On the request of the 

Chairman of the Commission, the head of the department or 

agency shall furnish the information to the Commission. 

(6) GIFTS OR DONATIONS.—The Commission may accept, use, 

and dispose of gifts or donations of money or property. 

(7) USE OF MAILS.—The Commission may use the United 

States mails in the same manner and on the same conditions 

as other departments and agencies of the United States. 

(c) ADMINISTRATIVE SUPPORT.—The Administrator of General 

Services shall provide to the Commission on a reimbursable basis 

administrative support services as the Commission may request. 

§ 312305. Reports 

As soon as practicable after the end of each fiscal year, the 

Commission shall transmit to the President a report that includes— 

(1) a detailed statement of the activities and accomplishments 

of the Commission during the fiscal year; and 

(2) any recommendations of the Commission for legislation 

and administrative actions. 
H. R. 1068—161 

Chapter 3125—Preservation of Historical 

and Archeological Data 

Sec. 

312501. Definition. 

312502. Threat of irreparable loss or destruction of significant scientific, prehistorical, historical, or archeological data by Federal construction 

projects. 312503. Survey and recovery by Secretary. 

312504. Progress reports by Secretary on surveys and work undertaken as result 

of surveys. 312505. Notice of dam construction. 

312506. Administration. 

312507. Assistance to Secretary by Federal agencies responsible for construction 

projects. 312508. Costs for identification, surveys, evaluation, and data recovery with respect to historic property. 

§ 312501. Definition 

In this chapter, the term ‘‘State’’ includes a State, the District 

of Columbia, Puerto Rico, Guam, American Samoa, the Virgin 

Islands, and the Northern Mariana Islands. 

§ 312502. Threat of irreparable loss or destruction of significant scientific, prehistorical, historical, or 

archeological data by Federal construction 

projects 

(a) ACTIVITY OF FEDERAL AGENCY.— 

(1) NOTIFICATION OF SECRETARY.—When any Federal agency 

finds, or is notified, in writing, by an appropriate historical 

or archeological authority, that its activities in connection with 

any Federal construction project or federally licensed project, 

activity, or program may cause irreparable loss or destruction 

of significant scientific, prehistorical, historical, or archeological 

data, the agency shall notify the Secretary, in writing, and 

shall provide the Secretary with appropriate information concerning the project, program, or activity. 

(2) RECOVERY, PROTECTION, AND PRESERVATION OF DATA.— The agency— 

(A) may request the Secretary to undertake the recovery, 

protection, and preservation of the data (including preliminary survey, or other investigation as needed, and analysis 

and publication of the reports resulting from the investigation); or 

(B) may, with funds appropriated for the project, program, or activity, undertake those activities. 

(3) AVAILABILITY OF REPORTS.—Copies of reports of any investigations made pursuant to this section shall be submitted 

to the Secretary, who shall make them available to the public 

for inspection and review. 

(b) ACTIVITY OF PRIVATE PERSON, ASSOCIATION, OR PUBLIC

ENTITY.— 

(1) RECOVERY BY SECRETARY.—When any Federal agency provides financial assistance by loan, grant, or otherwise to any 

private person, association, or public entity, the Secretary, if 

the Secretary determines that significant scientific, prehistorical, historical, or archeological data might be irrevocably 

lost or destroyed, may, with funds appropriated expressly for 

this purpose— 
H. R. 1068—162 

(A) conduct, with the consent of all persons, associations, 

or public entities having a legal interest in the property, 

a survey of the affected site; and 

(B) undertake the recovery, protection, and preservation 

of the data (including analysis and publication). 

(2) COMPENSATION.—The Secretary shall, unless otherwise 

agreed to in writing, compensate any person, association, or 

public entity damaged as a result of delays in construction 

or as a result of the temporary loss of the use of private 

or any nonfederally owned land. 

§ 312503. Survey and recovery by Secretary 

(a) IN GENERAL.—The Secretary, on notification, in writing, by 

any Federal or State agency or appropriate historical or archeological authority that scientific, prehistorical, historical, or archeological data are being or may be irrevocably lost or destroyed 

by any Federal or federally assisted or licensed project, activity, 

or program, shall, if the Secretary determines that the data are 

significant and are being or may be irrevocably lost or destroyed 

and after reasonable notice to the agency responsible for funding 

or licensing the project, activity, or program— 

(1) conduct or cause to be conducted a survey and other 

investigation of the areas that are or may be affected; and 

(2) recover and preserve the data (including analysis and 

publication) that, in the opinion of the Secretary, are not being, 

but should be, recovered and preserved in the public interest. 

(b) WHEN SURVEY OR RECOVERY NOT REQUIRED.—No survey or 

recovery work shall be required pursuant to this section that, in 

the determination of the head of the responsible agency, would 

impede Federal or federally assisted or licensed projects or activities 

undertaken in connection with any emergency, including projects 

or activities undertaken in anticipation of, or as a result of, a 

natural disaster. 

(c) INITIATION OF SURVEY.—The Secretary shall initiate the survey 

or recovery effort within— 

(1) 60 days after notification pursuant to subsection (a); or 

(2) such time as may be agreed on with the head of the 

agency responsible for funding or licensing the project, activity, 

or program in all other cases. 

(d) COMPENSATION BY SECRETARY.—The Secretary shall, unless 

otherwise agreed to in writing, compensate any person, association, 

or public entity damaged as a result of delays in construction 

or as a result of the temporary loss of the use of private or nonfederally owned land. 

§ 312504. Progress reports by Secretary on surveys and work 

undertaken as result of surveys 

(a) PROGRESS REPORTS TO FUNDING OR LICENSING AGENCY.— 

The Secretary shall keep the agency responsible for funding or 

licensing the project notified at all times of the progress of any 

survey made under this chapter or of any work undertaken as 

a result of a survey, in order that there will be as little disruption 

or delay as possible in the carrying out of the functions of the 

agency. The survey and recovery programs shall terminate at a 

time agreed on by the Secretary and the head of the agency unless 

extended by agreement. 
H. R. 1068—163 

(b) DISPOSITION OF RELICS AND SPECIMENS.—The Secretary shall 

consult with any interested Federal and State agencies, educational 

and scientific organizations, private institutions, and qualified 

individuals, with a view to determining the ownership of, and 

the most appropriate repository for, any relics and specimens recovered as a result of any work performed as provided for in this 

section. 

(c) COORDINATION OF ACTIVITIES.—The Secretary shall coordinate 

all Federal survey and recovery activities authorized under this 

chapter. 

§ 312505. Notice of dam construction 

(a) IN GENERAL.—Before any Federal agency undertakes the 

construction of a dam, or issues a license to any private individual 

or corporation for the construction of a dam, it shall give written 

notice to the Secretary setting forth the site of the proposed dam 

and the approximate area to be flooded and otherwise changed 

if construction is undertaken. 

(b) DAMS WITH CERTAIN DETENTION CAPACITY OR RESERVOIR.— With respect to any flood water retarding dam that provides fewer 

than 5,000 acre-feet of detention capacity, and with respect to 

any other type of dam that creates a reservoir of fewer than 40 

surface acres, this section shall apply only when the constructing 

agency, in its preliminary surveys, finds or is presented with evidence that historical or archeological materials exist or may be 

present in the proposed reservoir area. 

§ 312506. Administration 

In the administration of this chapter, the Secretary may— 

(1) enter into contracts or make cooperative agreements with 

any Federal or State agency, educational or scientific organization, or institution, corporation, association, or qualified individual; 

(2) obtain the services of experts and consultants or organizations of experts and consultants in accordance with section 

3109 of title 5; and 

(3) accept and utilize funds made available for salvage archeological purposes by any private person or corporation or transferred to the Secretary by any Federal agency. 

§ 312507. Assistance to Secretary by Federal agencies 

responsible for construction projects 

(a) ASSISTANCE OF FEDERAL AGENCIES.—To carry out this chapter, 

any Federal agency responsible for a construction project may assist 

the Secretary or may transfer to the Secretary funds as may be 

agreed on, but not more than 1 percent of the total amount authorized to be appropriated for the project, except that the 1 percent 

limitation under this section shall not apply if the cost of the 

project is $50,000 or less. The costs of the survey, recovery, analysis, 

and publication shall be deemed nonreimbursable project costs. 

(b) AVAILABILITY OF APPROPRIATIONS.—Amounts appropriated for 

purposes of this section shall remain available until expended. 

§ 312508. Costs for identification, surveys, evaluation, and 

data recovery with respect to historic property 

Notwithstanding section 312507(a) of this title or any other provision of law— 
H. R. 1068—164 

(1) identification, surveys, and evaluation carried out with 

respect to historic property within project areas may be treated 

for purposes of any law or rule of law as planning costs of 

the project and not as costs of mitigation; 

(2) reasonable costs for identification, surveys, evaluation, 

and data recovery carried out with respect to historic property 

within project areas may be charged to Federal licensees and 

permittees as a condition to the issuance of the license or 

permit; and 

(3) Federal agencies, with the concurrence of the Secretary 

and after notification of the Committee on Natural Resources 

of the House of Representatives and the Committee on Energy 

and Natural Resources of the Senate, may waive, in appropriate 

cases, the 1 percent limitation under section 312507(a) of this 

title. 

Division C—American Antiquities 

Chapter 3201—Policy and Administrative 

Provisions 

Sec. 

320101. Declaration of national policy. 

320102. Powers and duties of Secretary. 

320103. Cooperation with governmental and private agencies and individuals. 

320104. Jurisdiction of States in acquired land. 

320105. Criminal penalties. 

320106. Limitation on obligation or expenditure of appropriated amounts. 

§ 320101. Declaration of national policy 

It is declared that it is a national policy to preserve for public 

use historic sites, buildings, and objects of national significance 

for the inspiration and benefit of the people of the United States. 

§ 320102. Powers and duties of Secretary 

(a) IN GENERAL.—The Secretary, acting through the Director, 

for the purpose of effectuating the policy expressed in section 320101 

of this title, has the powers and shall perform the duties set 

out in this section. 

(b) PRESERVATION OF DATA.—The Secretary shall secure, collate, 

and preserve drawings, plans, photographs, and other data of historic and archeologic sites, buildings, and objects. 

(c) SURVEY.—The Secretary shall make a survey of historic and 

archeologic sites, buildings, and objects for the purpose of determining which possess exceptional value as commemorating or illustrating the history of the United States. 

(d) INVESTIGATIONS AND RESEARCHES.—The Secretary shall make 

necessary investigations and researches in the United States 

relating to particular sites, buildings, and objects to obtain accurate 

historical and archeological facts and information concerning the 

sites, buildings, and objects. 

(e) ACQUISITION OF PROPERTY.—The Secretary may, for the purpose of this chapter, acquire in the name of the United States 

by gift, purchase, or otherwise any property, personal or real, or 

any interest or estate in property, title to any real property to 

be satisfactory to the Secretary. Property that is owned by any 

religious or educational institution or that is owned or administered 
H. R. 1068—165 

for the benefit of the public shall not be acquired without the 

consent of the owner. No property shall be acquired or contract 

or agreement for the acquisition of the property made that will 

obligate the general fund of the Treasury for the payment of the 

property, unless Congress has appropriated money that is available 

for that purpose. 

(f) CONTRACTS AND COOPERATIVE AGREEMENTS.—The Secretary 

may contract and make cooperative agreements with States, municipal subdivisions, corporations, associations, or individuals, with 

proper bond where considered advisable, to protect, preserve, maintain, or operate any historic or archeologic building, site, or object, 

or property used in connection with the building, site, or object, 

for public use, regardless whether the title to the building, site, 

object, or property is in the United States. No contract or cooperative 

agreement shall be made or entered into that will obligate the 

general fund of the Treasury unless or until Congress has appropriated money for that purpose. 

(g) PROTECTION OF SITES, BUILDINGS, OBJECTS, AND PROPERTY.— 

The Secretary shall restore, reconstruct, rehabilitate, preserve, and 

maintain historic or prehistoric sites, buildings, objects, and property of national historical or archeological significance and where 

considered desirable establish and maintain museums in connection 

with the sites, buildings, objects, and property. 

(h) TABLETS TO MARK OR COMMEMORATE PLACES AND EVENTS.— 

The Secretary shall erect and maintain tablets to mark or 

commemorate historic or prehistoric places and events of national 

historical or archeological significance. 

(i) OPERATION FOR BENEFIT OF PUBLIC.—The Secretary may 

operate and manage historic and archeologic sites, buildings, and 

property acquired under this chapter together with land and 

subordinate buildings for the benefit of the public and may charge 

reasonable visitation fees and grant concessions, leases, or permits 

for the use of land, building space, roads, or trails when necessary 

or desirable either to accommodate the public or to facilitate 

administration. The Secretary may grant those concessions, leases, 

or permits and enter into contracts relating to the contracts, leases, 

or permits with responsible persons, firms, or corporations without 

advertising and without securing competitive bids. 

(j) CORPORATION TO CARRY OUT DUTIES.—When the Secretary 

determines that it would be administratively burdensome to restore, 

reconstruct, operate, or maintain any particular historic or 

archeologic site, building, or property donated to the United States 

through the Service, the Secretary may cause the restoration, 

reconstruction, operation, or maintenance to be done by organizing 

a corporation for that purpose under the laws of the District of 

Columbia or any State. 

(k) EDUCATIONAL PROGRAM AND SERVICE.—The Secretary shall 

develop an educational program and service for the purpose of 

making available to the public information pertaining to American 

historic and archeologic sites, buildings, and properties of national 

significance. Reasonable charges may be made for the dissemination 

of any such information. 

(l) ACTIONS AND REGULATIONS NECESSARY TO CARRY OUT

CHAPTER.—The Secretary shall perform any and all acts and make 

regulations not inconsistent with this chapter that may be necessary 

and proper to carry out this chapter. 
H. R. 1068—166 

§ 320103. Cooperation with governmental and private agencies and individuals 

(a) AUTHORIZATION OF SECRETARY.—The Secretary may cooperate 

with and may seek and accept the assistance of any Federal, State, 

or local agency, educational or scientific institution, patriotic 

association, or individual. 

(b) TECHNICAL ADVISORY COMMITTEES.—When the Secretary considers it necessary, the Secretary may establish technical advisory 

committees to act in an advisory capacity in connection with the 

restoration or reconstruction of any historic or prehistoric building 

or other structure. 

(c) EMPLOYMENT OF ASSISTANCE.—The Secretary may employ 

professional and technical assistance and establish service as may 

be required to accomplish the purposes of this chapter and for 

which money may be appropriated by Congress or made available 

by gifts for those purposes. 

§ 320104. Jurisdiction of States in acquired land 

Nothing in this chapter shall be held to deprive any State, or 

political subdivision of a State, of its civil and criminal jurisdiction 

in and over land acquired by the United States under this chapter. 

§ 320105. Criminal penalties 

Criminal penalties for a violation of a regulation authorized by 

this chapter are provided by section 1866 of title 18. 

§ 320106. Limitation on obligation or expenditure of appropriated amounts 

Notwithstanding any other provision of law, no funds appropriated or otherwise made available to the Secretary to carry out 

subsection (f) or (g) of section 320102 of this title may be obligated 

or expended— 

(1) unless the appropriation of the funds has been specifically 

authorized by law enacted on or after October 30, 1992; or 

(2) in excess of the amount prescribed by law enacted on 

or after October 30, 1992. 

Chapter 3203—Monuments, Ruins, Sites, 

and Objects of Antiquity 

Sec. 

320301. National monuments. 

320302. Permits. 

320303. Regulations. 

§ 320301. National monuments 

(a) PRESIDENTIAL DECLARATION.—The President may, in the 

President’s discretion, declare by public proclamation historic landmarks, historic and prehistoric structures, and other objects of 

historic or scientific interest that are situated on land owned or 

controlled by the Federal Government to be national monuments. 

(b) RESERVATION OF LAND.—The President may reserve parcels 

of land as a part of the national monuments. The limits of the 

parcels shall be confined to the smallest area compatible with 

the proper care and management of the objects to be protected. 

(c) RELINQUISHMENT TO FEDERAL GOVERNMENT.—When an object 

is situated on a parcel covered by a bona fide unperfected claim 
H. R. 1068—167 

or held in private ownership, the parcel, or so much of the parcel 

as may be necessary for the proper care and management of the 

object, may be relinquished to the Federal Government and the 

Secretary may accept the relinquishment of the parcel on behalf 

of the Federal Government. 

(d) LIMITATION ON EXTENSION OR ESTABLISHMENT OF NATIONAL

MONUMENTS IN WYOMING.—No extension or establishment of 

national monuments in Wyoming may be undertaken except by 

express authorization of Congress. 

§ 320302. Permits 

(a) AUTHORITY TO GRANT PERMIT.—The Secretary, the Secretary 

of Agriculture, or the Secretary of the Army may grant a permit 

for the examination of ruins, the excavation of archeological sites, 

and the gathering of objects of antiquity on land under their respective jurisdictions to an institution that the Secretary concerned 

considers properly qualified to conduct the examination, excavation, 

or gathering, subject to such regulations as the Secretary concerned 

may prescribe. 

(b) PURPOSE OF EXAMINATION, EXCAVATION, OR GATHERING.— A permit may be granted only if— 

(1) the examination, excavation, or gathering is undertaken 

for the benefit of a reputable museum, university, college, or 

other recognized scientific or educational institution, with a 

view to increasing the knowledge of the objects; and 

(2) the gathering shall be made for permanent preservation 

in a public museum. 

§ 320303. Regulations 

The Secretary, the Secretary of Agriculture, and the Secretary 

of the Army shall make and publish uniform regulations for the 

purpose of carrying out this chapter. 

SEC. 4. CONFORMING AMENDMENTS. 

(a) TITLE 18.— 

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

is amended by adding at the end the following: 

‘‘§ 1865. National Park Service 

‘‘(a) VIOLATION OF REGULATIONS RELATING TO USE AND MANAGE- MENT OF NATIONAL PARK SYSTEM UNITS.—A person that violates 

any regulation authorized by section 100751(a) of title 54 shall 

be imprisoned not more than 6 months, fined under this title, 

or both, and be adjudged to pay all cost of the proceedings. 

‘‘(b) FINANCIAL DISCLOSURE BY OFFICERS OR EMPLOYEES PER- FORMING FUNCTIONS OR DUTIES UNDER SUBCHAPTER III OF CHAPTER

1007 OF TITLE 54.—An officer or employee of the Department of 

the Interior who is subject to, and knowingly violates, section 

100737 of title 54 or any regulation prescribed under that section 

shall be imprisoned not more than one year, fined under this 

title, or both. 

‘‘(c) OFFENSES RELATING TO STRUCTURES AND VEGETATION.—A 

person that willfully destroys, mutilates, defaces, injures, or 

removes any monument, statue, marker, guidepost, or other structure, or that willfully destroys, cuts, breaks, injures, or removes 

any tree, shrub, or plant within a national military park shall 

be imprisoned not less than 15 days nor more than one year, 

fined under this title but not less than $10 for each monument, 
H. R. 1068—168 

statue, marker, guidepost, or other structure, tree, shrub, or plant 

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

‘‘(d) TRESPASSING IN A NATIONAL MILITARY PARK TO HUNT OR

SHOOT.—An individual who trespasses in a national military park 

to hunt or shoot, or hunts game of any kind in a national military 

park with a gun or dog, or sets a trap or net or other device 

in a national military park to hunt or catch game of any kind, 

shall be imprisoned not less than 5 nor more than 30 days, fined 

under this title, or both. 

‘‘§ 1866. Historic, archeologic, or prehistoric items and antiquities 

‘‘(a) VIOLATION OF REGULATIONS AUTHORIZED BY CHAPTER 3201 

OF TITLE 54.—A person that violates any of the regulations authorized by chapter 3201 of title 54 shall be fined under this title 

and be adjudged to pay all cost of the proceedings. 

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

OR PREHISTORIC RUIN OR MONUMENT OR OBJECT OF ANTIQUITY.— 

A person that appropriates, excavates, injures, or destroys any 

historic or prehistoric ruin or monument or any other object of 

antiquity that is situated on land owned or controlled by the Federal 

Government without the permission of the head of the Federal 

agency having jurisdiction over the land on which the object is 

situated, shall be imprisoned not more than 90 days, fined under 

this title, or both.’’. 

(2) TABLE OF CONTENTS.—The table of contents of chapter 

91 of title 18, United States Code, is amended by adding at 

the end the following: 

‘‘1865. National Park Service. 

‘‘1866. Historic, archeologic, or prehistoric items and antiquities.’’. 

(b) TITLE 28.— 

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

is amended by adding at the end the following: 

‘‘CHAPTER 190—MISCELLANEOUS 

‘‘Sec. 

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

‘‘§ 5001. Civil action for death or personal injury in a place 

subject to exclusive jurisdiction of United States 

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

neglect or wrongful act of another in a place subject to the exclusive 

jurisdiction of the United States within a State, a right of action 

shall exist as though the place were under the jurisdiction of the 

State in which the place is located. 

‘‘(b) PERSONAL INJURY.—In a civil action brought to recover on 

account of an injury sustained in a place described in subsection 

(a), the rights of the parties shall be governed by the law of 

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

(2) TABLE OF CONTENTS.—The table of contents of part VI 

of title 28, United States Code, is amended by adding at the 

end the following: 

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

(c) ACT OF MAY 26, 2000.—Section 1 of Public Law 106–206 

(114 Stat. 314) is amended to read as follows: 
H. R. 1068—169 

‘‘SECTION 1. COMMERCIAL FILMING. 

‘‘(a) COMMERCIAL FILMING FEE.— 

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

‘Secretary’ with respect to land (except land in a System unit 

as defined in section 100102 of title 54, United States Code) 

under their respective jurisdictions) shall require a permit and 

shall establish a reasonable fee for commercial filming activities 

or similar projects on Federal land administered by the Secretary. The fee shall provide a fair return to the United States 

and shall be based on the following criteria: 

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

project takes place on Federal land under the Secretary’s 

jurisdiction. 

‘‘(B) The size of the film crew present on Federal land 

under the Secretary’s jurisdiction. 

‘‘(C) The amount and type of equipment present. 

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

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

incurred as a result of filming activities or similar project, including 

administrative and personnel costs. All costs recovered shall be 

in addition to the fee assessed in subsection (a). 

‘‘(c) STILL PHOTOGRAPHY.— 

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

Secretary shall not require a permit nor assess a fee for still 

photography on land administered by the Secretary if such 

photography takes place where members of the public are generally allowed. The Secretary may require a permit, fee, or 

both, if such photography takes place at other locations where 

members of the public are generally not allowed, or where 

additional administrative costs are likely. 

‘‘(2) EXCEPTION.—The Secretary shall require and shall establish a reasonable fee for still photography that uses models 

or props which are not a part of the site’s natural or cultural 

resources or administrative facilities. 

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

any filming, still photography or other related activity if the Secretary determines that— 

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

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

use and enjoyment of the site; or 

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

‘‘(e) USE OF PROCEEDS.— 

‘‘(1) FEES.—All fees collected under this section shall be available for expenditure by the Secretary, without further appropriation and shall remain available until expended. 

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

available for expenditure by the Secretary, without further 

appropriation, at the site where the costs are collected and 

shall remain available until expended. 

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

establish a process to ensure that the Secretary responds in a 

timely manner to permit applicants for commercial filming, still 

photography, or other activity.’’. 
H. R. 1068—170 

(d) PUBLIC LAW 111–24.—Section 512 of Public Law 111–24 (123 

Stat. 1764) is amended to read as follows: 

‘‘SEC. 512. PROTECTION OF RIGHT OF INDIVIDUALS TO 

BEAR ARMS 

‘‘(a) CONGRESSIONAL FINDINGS.—Congress finds the following: 

‘‘(1) The 2d amendment to the Constitution provides that 

‘the right of the people to keep and bear Arms, shall not 

be infringed’. 

‘‘(2) Section 27.42 of title 50, Code of Federal Regulations, 

provides that, except in special circumstances, citizens of the 

United States may not ‘possess, use, or transport firearms 

on national wildlife refuges’ of the United States Fish and 

Wildlife Service. 

‘‘(3) The regulations described in paragraph (2) prevent 

individuals complying with Federal and State laws from exercising the 2d amendment rights of the individuals while at 

units of the National Wildlife Refuge System. 

‘‘(4) The existence of different laws relating to the transportation and possession of firearms at different units of the 

National Wildlife Refuge System entrapped law-abiding gun 

owners while at units of the National Wildlife Refuge System. 

‘‘(5) Although the Bush administration issued new regulations 

relating to the 2d amendment rights of law-abiding citizens 

in units of the National Wildlife Refuge System that went 

into effect on January 9, 2009— 

‘‘(A) on March 19, 2009, the United States District Court 

for the District of Columbia granted a preliminary injunction with respect to the implementation and enforcement 

of the new regulations; and 

‘‘(B) the new regulations— 

‘‘(i) are under review by the Obama administration; 

and 

‘‘(ii) may be altered. 

‘‘(6) Congress needs to weigh in on the new regulations to 

ensure that unelected bureaucrats and judges cannot again 

override the 2d amendment rights of law-abiding citizens on 

90,790,000 acres of land under the jurisdiction of the United 

States Fish and Wildlife Service. 

‘‘(7) Federal laws should make it clear that the 2d amendment 

rights of an individual at a unit of the National Wildlife Refuge 

System should not be infringed. 

‘‘(b) PROTECTION OF RIGHT OF INDIVIDUALS TO BEAR ARMS IN

UNITS OF THE NATIONAL WILDLIFE REFUGE SYSTEM.—The Secretary 

shall not promulgate or enforce any regulation that prohibits an 

individual from possessing a firearm, including an assembled or 

functional firearm, in any unit of the National Wildlife Refuge 

System if— 

‘‘(1) the individual is not otherwise prohibited by law from 

possessing the firearm; and 

‘‘(2) the possession of the firearm is in compliance with the 

law of the State in which the unit of the National Wildlife 

Refuge System is located.’’. 

SEC. 5. CONFORMING CROSS-REFERENCES. 

(a) TITLE 7, UNITED STATES CODE.—Section 32(e) of the 

Bankhead-Jones Farm Tenant Act (7 U.S.C. 1011(e)) is amended 
H. R. 1068—171 

by striking ‘‘the Land and Water Conservation Fund Act of 1965 

(78 Stat. 897)’’ and substituting ‘‘chapter 2003 of title 54, United 

States Code’’. 

(b) TITLE 10, UNITED STATES CODE.—Section 2684(c)(1) of title 

10, United States Code, is amended by striking ‘‘section 101(a) 

of the National Historic Preservation Act (16 U.S.C. 470a(a))’’ and 

substituting ‘‘section 2023.01 of title 54’’. 

(c) TITLE 15, UNITED STATES CODE.—Section 1072(a)(3)(D) of the 

Alaska Natural Gas Pipeline Act (15 U.S.C. 720(a)(3)(D)) is 

amended by striking ‘‘the National Historic Preservation Act (16 

U.S.C. 470 et seq.)’’ and substituting ‘‘chapter 2003 of title 54, 

United States Code’’. 

(d) TITLE 16, UNITED STATES CODE.— 

(1) Section 6 of Public Law 89–72 (16 U.S.C. 460l–17) is 

amended— 

(A) in subsection (a), by striking ‘‘subsection 5(d) of the 

Land and Water Conservation Fund Act of 1965 (78 Stat. 

897)’’ and substituting ‘‘section 200305(d) of title 54, United 

States Code’’; and 

(B) in subsection (g), by striking ‘‘Subsection 6(a)(2) of 

the Land and Water Development Fund Act of 1965 (78 

Stat. 897)’’ and substituting ‘‘section 200306(a)(3) of title 

54, United States Code,’’. 

(2) Section 8 of Public Law 90–540 (16 U.S.C. 460v–7) is 

amended by striking ‘‘section 6 of the Act of September 3, 

1964 (78 Stat. 897, 903)’’ and substituting ‘‘section 200306 

of title 54, United States Code’’. 

(3) Section 7(c) of the Springs Mountain National Recreation 

Area Act (16 U.S.C. 460hhh–5(c)) is amended by striking ‘‘section 7 of the Land and Water Conservation Fund Act of 1965 

(16 U.S.C. 460l–9)’’ and substituting ‘‘section 100506 of title 

54, United States Code’’. 

(4) Section 5(b) of Public Law 103–64 (16 U.S.C. 460iii– 

4(b)) is amended by striking ‘‘section 7(a) of the Land and 

Water Conservation Fund Act of 1964 (16 U.S.C. 460l–9(a))’’ 

and substituting ‘‘section 200306(a) of title 54, United States 

Code’’. 

(5) Section 702(a) of the Steens Mountain Cooperative 

Management and Protection Act of 2000 (16 U.S.C. 460nnn– 

122(a)) is amended by striking ‘‘section 2 of the Land and 

Water Conservation Fund Act of 1965 (16 U.S.C. 460l–5)’’ and 

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

(6) Section 4 of the Archaeological Resources Protection Act 

of 1979 (16 U.S.C. 470cc) is amended— 

(A) in subsection (h)— 

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

8, 1906 (16 U.S.C. 431–433)’’ and substituting ‘‘chapter 

3203 of title 54, United States Code’’; and 

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

8, 1906’’ each place it appears and substituting 

‘‘chapter 3203 of title 54, United States Code’’; and 

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

of October 15, 1966 (80 Stat. 917, 16 U.S.C. 470f)’’ and 

substituting ‘‘section 306108 of title 54, United States 

Code’’. 

(7) Section 5 of the Archaeological Resources Protection Act 

of 1979 (16 U.S.C. 470dd) is amended by striking ‘‘the Act 
H. R. 1068—172 

of June 27, 1960 (16 U.S.C. 469–469c) or the Act of June 

8, 1906 (16 U.S.C. 431–433)’’ and substituting ‘‘chapter 3125 

or chapter 3203 of title 54, United States Code’’. 

(8) Section 9(a)(2) of the Archaeological Resources Protection 

Act of 1979 (16 U.S.C. 470hh(a)(2)) is amended by striking 

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

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

Act of 2009 (16 U.S.C. 470aaa–10(1)) is amended by striking 

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

Parks Act’ (16 U.S.C. 1901 et seq.)’’ and substituting ‘‘subchapter 3 of chapter 1007 of title 54, United States Code’’. 

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

Act of 1998 (16 U.S.C. 471i(h)(1)(B)) is amended by striking 

‘‘the Land and Water Conservation Fund Act’’ and substituting 

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

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

and Related Agencies Appropriations Act, 2000 (Public Law 

106–113, div. B, § 1000(a)(3), title III, 16 U.S.C. 528 note), 

is amended by striking ‘‘Section 4 of the Land and Water 

Conservation Fund Act of 1965 (16 U.S.C. 460l–6a)’’ and substituting ‘‘Section 100904 of title 54, United States Code’’. 

(12) Section 6(d) of the Alaska Land Status Technical Corrections Act of 1992 (Public Law 102–415, 16 U.S.C. 539 note) 

is amended by striking ‘‘section 7 of the Land and Water 

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

(13) Section 2(b) of the Greer Spring Acquisition and Protection Act of 1991 (Public Law 102–220, 16 U.S.C. 539h note) 

is amended by striking ‘‘section 7 of the Land and Water 

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

(14) Section 606 of the Interstate 90 Land Exchange Act 

of 1998 (Public Law 105–277, div. A, § 101(e), title VI, 16 

U.S.C. 539k note) is amended— 

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

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

460l–9)’’ and substituting ‘‘section 100506 of title 54, United 

States Code,’’; 

(B) in subsection (b)(2), by striking ‘‘the National Historic 

Preservation Act’’ and substituting ‘‘division A of subtitle 

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

(C) in subsection (g)(1), by striking ‘‘the National Historic 

Preservation Act’’ and substituting ‘‘division A of subtitle 

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

(15) Section 6 of Public Law 93–535 (16 U.S.C. 541e) is 

amended by striking ‘‘clause 7(a)(1) of the Act of September 

3, 1964 (78 Stat. 903), as amended’’ and substituting ‘‘section 

200306(a)(2) of title 54, United States Code’’. 

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

National Scenic Area Act (16 U.S.C. 544l(e)(3)(D)(iii)) is 

amended by striking ‘‘the Land and Water Conservation Fund 

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

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

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

Scenic Area Act (16 U.S.C. 544n(a)(1) is amended by striking 

‘‘the Land and Water Conservation Fund (16 U.S.C. 460l–4 
H. R. 1068—173 

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

United States Code,’’. 

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

Area Act (16 U.S.C. 546a(b)) is amended by striking ‘‘section 

8 of the Land and Water Conservation Fund Act of 1965 (16 

U.S.C. 460l–9)’’ and substituting ‘‘section 100506 of title 54, 

United States Code’’. 

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

the Thye-Blatnik Act) (16 U.S.C. 577h(a)) is amended by 

striking ‘‘the Land and Water Conservation Fund Act (78 Stat. 

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

United States Code’’. 

(20) Section 104(f) of the Valles Caldera Preservation Act 

(16 U.S.C. 688v–2(f)) is amended by striking ‘‘section 7 of the 

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

460l–9)’’ and substituting ‘‘section 100506 of title 54, United 

States Code’’. 

(21) Section 4(a)(3) of the Wilderness Act (16 U.S.C. 

1133(a)(3)) is amended— 

(A) by striking ‘‘the Act of August 25, 1916’’ and substituting ‘‘section 100101(b)(1), chapter 1003, and sections 

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

States Code’’; and 

(B) by striking ‘‘the Act of June 8, 1906 (34 Stat. 225; 

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

Act (16 U.S.C. 796(2)); and the Act of August 21, 1935 

(49 Stat. 666; 16 U.S.C. 461 et seq.)’’ and substituting 

‘‘section 3(2) of the Federal Power Act (16 U.S.C. 796(2)); 

and chapters 3201 and 3203 of title 54, United States 

Code’’. 

(22) Section 5 of Public Law 90–454 (16 U.S.C. 1225) is 

amended by striking ‘‘the Land and Water Conservation Fund 

Act of 1965 (78 Stat. 897)’’ and substituting ‘‘chapter 2003 

of title 54, United States Code’’. 

(23) Section 7(h)(1) of the National Trails System Act (16 

U.S.C. 1246(h)(1) is amended by striking ‘‘the Volunteers in 

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

title 54, United States Code,’’. 

(24) Section 8(a) of the National Trails System Act (16 U.S.C. 

1247(a)) is amended— 

(A) by striking ‘‘the Land and Water Conservation Fund 

Act’’ and substituting ‘‘chapter 2003 of title 54, United 

States Code’’; 

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

915), as amended’’ and substituting ‘‘division A of subtitle 

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

(C) by striking ‘‘the Act of May 28, 1963 (77 Stat. 49’’ 

and substituting ‘‘chapter 2003 of title 54, United States 

Code’’. 

(25) Section 9(e)(3) of the National Trails System Act (16 

U.S.C. 1248 (e)(3)) is amended by striking ‘‘section 2 of the 

Land and Water Conservation Fund Act of 1965’’ and substituting ‘‘section 200302 of title 54, United States Code’’. 

(26) Section 10(a)(1) of the National Trails System Act (16 

U.S.C. 1249(a)(1)) is amended by striking ‘‘the Land and Water 

Conservation Fund Act (78 Stat. 897), as amended’’ and substituting ‘‘chapter 2003 of title 54, United States Code’’. 
H. R. 1068—174 

(27) Section 11(a)(2) of the National Trails System Act (16 

U.S.C. 1250(a)(2)) is amended— 

(A) by striking ‘‘the Volunteers in the Parks Act of 1969’’ 

and substituting ‘‘section 102301 of title 54, United States 

Code’’; and 

(B) by striking ‘‘section 6 of the Land and Water Conservation Fund Act of 1965’’ and substituting ‘‘200305 of 

title 54, United States Code’’. 

(28) Section 12(4) of the National Trails System Act (16 

U.S.C. 1251(4)) is amended by striking ‘‘the Land and Water 

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

of title 54, United States Code,’’. 

(29) Section 2(a) of the Wild and Scenic Rivers Act (16 U.S.C. 

1273(a)) is amended by striking ‘‘the Land and Water Conservation Act of 1965’’ and substituting ‘‘chapter 2003 of title 54, 

United States Code,’’. 

(30) Section 7(d) of the Wild and Scenic Rivers Act (16 U.S.C. 

1278(d)) is amended by striking ‘‘the Land and Water Conservation Fund Act of 1965’’ and substituting ‘‘chapter 2003 of title 

54, United States Code’’. 

(31) Section 11 of the Wild and Scenic Rivers Act (16 U.S.C. 

1282) is amended— 

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

Conservation Fund Act of 1965 (78 Stat. 897’’ and substituting ‘‘chapter 2003 of title 54, United States Code’’; 

and 

(B) in subsection (b)(2)— 

(i) in subparagraph (A), by striking ‘‘the Volunteers 

in the Parks Act of 1969’’ and substituting ‘‘section 

102301 of title 54, United States Code,’’; and 

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

Water Conservation Fund Act of 1965’’ and substituting ‘‘chapter 2003 of title 54, United States Code’’. 

(32) Section 5(b) of the Endangered Species Act of 1973 

(16 U.S.C. 1534(b) is amended by striking ‘‘the Land and Water 

Conservation Fund Act of 1965, as amended’’ and substituting 

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

(33) Section 815(4) of the Alaska National Interest Lands 

Conservation Act (16 U.S.C. 3125(4)’’ is amended— 

(A) by striking ‘‘the National Park Service Organic Act 

(39 Stat. 535, 16 U.S.C. 1, 2, 3, 4)’’ and substituting ‘‘section 

100101(b)(1), chapter 1003, and sections 100751(a), 100752, 

100753, and 102101 of title 54, United States Code’’; and 

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

(34) Section 6(a)(6)(C) of the Coastal Barrier Act of 1968 

(16 U.S.C. 3505(a)(6)(C)) is amended by striking ‘‘the Land 

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

4 through 11)’’ and substituting ‘‘chapter 2003 of title 54, United 

States Code,’’. 

(35) Section 11 of the National Fish and Wildlife Foundation 

Establishment Act (16 U.S.C. 3710) is amended by striking 

‘‘Public Law 90–209 (16 U.S.C. 19e et seq.)’’ and substituting 

‘‘subchapter II of chapter 1011 of title 54, United States Code’’. 

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

Enhancement Act (16 U.S.C. 6804(f)(1)) is amended— 

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

(B) by striking ‘‘; 16 U.S.C. 5991–5995’’. 
H. R. 1068—175 

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

(A) in subsection (A), by striking ‘‘(16 U.S.C. 460l–6a 

et seq.)’’; 

(B) in subsection (b), by striking ‘‘; 16 U.S.C. 460l–6a’’; 

(C) in subsection (c)— 

(i) in paragraph (1), by striking ‘‘; 16 U.S.C. 5982’’; 

and 

(ii) in paragraph (2), by striking ‘‘; 16 U.S.C. 5991– 

5995’’; and 

(D) in subsection (e)— 

(i) in paragraph (1), by striking ‘‘(16 U.S.C. 460l– 

6a(i)(1))’’; 

(ii) in paragraph (2), by striking ‘‘; 16 U.S.C. 5991– 

5995’’; and 

(iii) in paragraph (3), by striking ‘‘; 16 U.S.C. 460l– 

6a’’. 

(e) TITLE 20, UNITED STATES CODE.— 

(1) Section 2 of the Act of August 15, 1949 (20 U.S.C. 78a) 

is amended by striking ‘‘the Act of June 8, 1906 (16 U.S.C. 

432, 433)’’ and substituting ‘‘section 1866(b) of title 18, United 

States Code, and sections 320302 and 320303 of title 54, United 

States Code’’. 

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

and Native Hawaiian Culture and Art Development Act (20 

U.S.C. 4424(a)(3)) is amended by striking ‘‘the National Historic 

Preservation Act (16 U.S.C. 470 et seq.)’’ and substituting ‘‘division A of subtitle III of title 54, United States Code’’. 

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

Act (20 U.S.C. 7512(13)(D)) is amended by striking ‘‘ the 

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

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

States Code’’. 

(f) TITLE 23, UNITED STATES CODE.— 

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

amended— 

(A) in subparagraph (B)(i), by striking ‘‘section 106 of 

the National Historic Preservation Act (16 U.S.C. 470f)’’ 

and substituting ‘‘section 306108 of title 54’’; and 

(B) in subparagraph (C), by striking ‘‘section 106 of the 

National Historic Preservation Act (16 U.S.C. 470f)’’ and 

substituting ‘‘section 306108 of title 54’’. 

(2) Section 138(b)(2)(A) of title 23, United States Code, is 

amended by striking ‘‘section 106 of the National Historic 

Preservation Act (16 U.S.C. 470f)’’ and substituting ‘‘section 

306108 of title 54’’. 

(3) Section 206 of title 23, United States Code, is amended— 

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

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

4 et seq.)’’ and substituting ‘‘chapter 2003 of title 54’’; 

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

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

4 et seq.)’’ and substituting ‘‘chapter 2003 of title 54’’; 

and 

(C) in subsection (h)(3), by striking ‘‘section 6(f)(3) of 

the Land and Water Conservation Fund Act of 1965 (16 
H. R. 1068—176 

U.S.C. 460l–8(f)(3))’’ and substituting ‘‘section 200305(f)(3) 

of title 54’’. 

(g) TITLE 25, UNITED STATES CODE.—Section 509(a) of the Indian 

Self-Determination and Education Assistance Act (25 U.S.C. 

458aaa–8(a)) is amended by striking ‘‘the National Historic 

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

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

(h) TITLE 26, UNITED STATES CODE.—Section 9503(c)(3)(A)(i) of 

the Internal Revenue Code of 1986 (26 U.S.C. 9503(c)(3)(A)(i)) is 

amended by striking ‘‘title I of the Land and Water Conservation 

Fund Act of 1965’’ and substituting ‘‘chapter 2003 of title 54’’. 

(i) TITLE 36, UNITED STATES CODE.—Section 153513(a)(1) of title 

36, United States Code, is amended by striking ‘‘the Act of August 

25, 1916 (16 U.S.C. 1 et seq.) (known as the National Park Service 

Organic Act)’’ and substituting ‘‘section 100101(a), chapter 1003, 

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

United States Code’’. 

(j) TITLE 40, UNITED STATES CODE.— 

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

is amended— 

(A) by striking ‘‘section 308(e)(2) of the National Historic 

Preservation Act (16 U.S.C. 470w–7(e)(2))’’ and substituting 

‘‘section 305101(4) of title 54’’; and 

(B) by striking ‘‘subsection (b) of that section’’ and substituting ‘‘section 305103 of title 54’’. 

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

amended by striking ‘‘section 3 of the Act of August 21, 1935 

(16 U.S.C. 463) (known as the Historic Sites, Buildings, and 

Antiquities Act)’’ and substituting ‘‘section 102303 of title 54’’. 

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

by striking ‘‘the Act of August 21, 1935 (16 U.S.C. 461 et 

seq.) (known as the Historic Sites, Buildings, and Antiquities 

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

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

is amended by striking ‘‘the Act of August 25, 1916 (16 U.S.C. 

1, 2, 3, 4) (known as the National Park Service Organic Act)’’ 

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

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

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

by striking ‘‘title II of the National Historic Preservation Act 

(16 U.S.C. 470i et seq.)’’ and substituting ‘‘section 304101 of 

title 54’’. 

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

amended by striking ‘‘section 101 of the National Historic 

Preservation Act (16 U.S.C. 470a)’’ and substituting ‘‘chapter 

3021 of title 54’’. 

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

is amended by striking ‘‘the Land and Water Conservation 

Fund Act of 1965 (16 U.S.C. 460l–4 et seq.)’’ and substituting 

‘‘chapter 2003 of title 54’’. 

(k) TITLE 42, UNITED STATES CODE.— (1) Section 303(2) of the Water Resources Planning Act (42 

U.S.C. 1962c–2(2)) is amended by striking ‘‘the Land and Water 

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

of title 54, United States Code’’. 

(2) Section 208(2) of the Demonstration Cities and Metropolitan Development Act of 1966 (42 U.S.C. 3338(2)) is amended 
H. R. 1068—177 

by striking ‘‘section 5(e) of the Land And Water Conservation 

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

54, United States Code’’. 

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

Development Act (42 U.S.C. 3534(c)) is amended by striking 

‘‘the Land and Water Conservation Fund Act of 1965 (78 Stat. 

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

Code,’’. 

(4) Section 121 of the Housing and Community Development 

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

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

‘‘(a) With respect to applications for assistance under section 

5318 of this title, the Secretary of the Interior, after consulting 

with the Secretary, shall prescribe and implement regulations concerning projects funded under section 5318 of this title and their 

relationship with division A of subtitle III and chapter 3125 of 

title 54, United States Code.’’; and 

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

Act referred to in subsection (a)(1)’’ and substituting ‘‘section 306108 of title 54, United States Code,’’. 

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

of 1990 (42 U.S.C. 12204(c)(2)) is amended by striking ‘‘the 

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

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

States Code’’. 

(6) Section 999H(c)(2) of the Energy Policy Act of 2005 Energy 

Research, Development, Demonstration, and Commercial 

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

(A) in subparagraph (B), by striking ‘‘section 2(c) of the 

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

460l–5(c))’’ and substituting ‘‘section 200302(c) of title 54, 

United States Code’’; and 

(B) in subparagraph (C), by striking ‘‘section 108 of the 

National Historic Preservation Act (16 U.S.C. 470h)’’ and 

substituting ‘‘chapter 3031 of title 54, United States Code’’. 

(l) TITLE 43, UNITED STATES CODE.— (1) The second paragraph under the heading ‘‘ADMINISTRATIVE

PROVISIONS’’ under the heading ‘‘BUREAU OF RECLAMATION’’ (43 

U.S.C. 377b) is amended by striking ‘‘the Acts of August 21, 

1935 (16 U.S.C. 461–467) and June 27 1960 (16 U.S.C. 469)’’ 

and substituting ‘‘chapters 3125 and 3201 of title 54, United 

States Code’’. 

(2) Section 105 of the Gulf of Mexico Energy Security Act 

of 2006 (Public Law 109–432, div. C, title I, 43 U.S.C. 1331 

note) is amended— 

(A) in subsection (a)(2)(B)— 

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

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

and substituting ‘‘section 200305 of title 54, United 

States Code’’; and 

(ii) by striking ‘‘section 2 of that Act (16 U.S.C. 

460l–5)’’ and substituting ‘‘section 200302 of that title’’; 

and 

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

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

4 et seq.)’’ and substituting ‘‘chapter 2003 of title 54, United 

States Code’’. 
H. R. 1068—178 

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

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

(A) by striking ‘‘the Land and Water Conservation Fund 

Act of 1965 (78 Stat; 897; 16 U.S.C. 460z)’’ and substituting 

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

(B) by striking ‘‘the National Historic Preservation Act 

of 1966 (80 Stat. 915; 16 U.S.C. 470)’’ and substituting 

‘‘division A of subtitle III of title 54, United States Code’’; 

and 

(C) by striking ‘‘the Urban Park and Recreation Recovery 

Act of 1978 (92 Stat. 3538; 16 U.S.C. 2501, et seq.)’’ and 

substituting ‘‘chapter 2005 of title 54, United States Code’’. 

(4) The paragraph under the heading ‘‘NATURAL RESOURCE

DAMAGE ASSESSMENT AND RESTORATION FUND’’ under the 

heading ‘‘UNITED STATES FISH AND WILDLIFE SERVICE’’ in Public 

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

Act of July 27, 1990 (Public Law 101–337)’’ and substituting 

‘‘subchapter II of chapter 1007 of title 54, United States Code,’’. 

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

Act (43 U.S.C. 1600e(e)(3)) is amended by striking ‘‘the Land 

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

4 through 11)’’ and substituting ‘‘chapter 2003 of title 54, United 

States Code’’. 

(6) Section 202(c)(9) of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1712(c)(9)) is amended by striking 

‘‘the Act of September 3, 1964 (78 Stat. 897), as amended’’ 

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

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

Act of 1976 (43 U.S.C. 1714(j)) is amended by striking ‘‘the 

Act of June 8, 1906 (34 Stat. 225; 16 U.S.C. 431–433)’’ and 

substituting ‘‘chapter 3203 of title 54, United States Code’’. 

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

Act of 2008 (43 U.S.C. 1786(d)(3)(E)) is amended by striking 

‘‘the National Historic Preservation Act (16 U.S.C. 470 et seq.)’’ 

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

States Code,’’. 

(9) Section 206 of the Federal Land Transaction Facilitation 

Act (43 U.S.C. 2305) is amended— 

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

Conservation Fund Act (16 U.S.C. 460l–4 et seq.)’’ and 

substituting ‘‘chapter 2003 of title 54, United States Code’’; 

and 

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

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

460l–6)’’ and substituting ‘‘section 200303 of title 54, United 

States Code’’. 

(m) TITLE 45, UNITED STATES CODE.— 

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

Act of 1981 (45 U.S.C. 1111(a)) is amended by striking ‘‘the 

National Historic Preservation Act’’ and substituting ‘‘division 

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

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

1982 (45 U.S.C. 1212(a)) is amended by striking ‘‘the National 

Historic Preservation Act (16 U.S.C. 470 et seq.)’’ and substituting ‘‘division A of subtitle III of title 54, United States 

Code’’. 
H. R. 1068—179 

(n) TITLE 46, UNITED STATES CODE.—Section 13102(b)(2) of title 

46, United States Code, is amended by striking ‘‘the Land and 

Water Conservation Fund Act of 1965 (16 U.S.C. 460l–4—460– 

11)’’ and substituting ‘‘chapter 2003 of title 54, United States Code,’’. 

(o) TITLE 48, UNITED STATES CODE.— (1) Section 105(l) of Public Law 99–239 (known as the Compact of Free Association Amendments Act of 2003) (48 U.S.C. 

1905(l)) is amended by striking ‘‘the National Historic Preservation Act (80 Stat. 915; 16 U.S.C. 470–470t)’’ and substituting 

‘‘division A of subtitle III of title 54, United States Code’’. 

(2) Section 105(j) of Public Law 108–188 (known as the Compact of Free Association Act of 1985) (48 U.S.C. 1921(d)) is 

amended by striking ‘‘the National Historic Preservation Act 

(80 Stat. 915; 16 U.S.C. 470–470t)’’ and substituting ‘‘division 

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

(p) TITLE 49, UNITED STATES CODE.—Section 303(d)(2) of title 

49, United States Code, is amended by striking ‘‘section 106 of 

the National Historic Preservation Act (16 U.S.C. 470f)’’ and substituting ‘‘section 306108 of title 54, United States Code’’. 

SEC. 6. TRANSITIONAL AND SAVINGS PROVISIONS. 

(a) DEFINITIONS.—In this section: 

(1) SOURCE PROVISION.—The term ‘‘source provision’’ means 

a provision of law that is replaced by a title 54 provision. 

(2) TITLE 54 PROVISION.—The term ‘‘title 54 provision’’ means 

a provision of title 54, United States Code, that is enacted 

by section 3. 

(b) CUTOFF DATE.—The title 54 provisions replace certain provisions of law enacted on or before January 15, 2013. If a law 

enacted after that date amends or repeals a source provision, that 

law is deemed to amend or repeal, as the case may be, the corresponding title 54 provision. If a law enacted after that date 

is otherwise inconsistent with a title 54 provision or a provision 

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

of this Act to the extent of the inconsistency. 

(c) ORIGINAL DATE OF ENACTMENT UNCHANGED.—For purposes 

of determining whether one provision of law supersedes another 

based on enactment later in time, a title 54 provision is deemed 

to have been enacted on the date of enactment of the source provision that the title 54 provision replaces. 

(d) REFERENCES TO TITLE 54 PROVISIONS.—A reference to a title 

54 provision is deemed to refer to the corresponding source provision. 

(e) REFERENCES TO SOURCE PROVISIONS.—A reference to a source 

provision, including a reference in a regulation, order, or other 

law, is deemed to refer to the corresponding title 54 provision. 

(f) REGULATIONS, ORDERS, AND OTHER ADMINISTRATIVE

ACTIONS.—A regulation, order, or other administrative action in 

effect under a source provision continues in effect under the corresponding title 54 provision. 

(g) ACTIONS TAKEN AND OFFENSES COMMITTED.—An action taken 

or an offense committed under a source provision is deemed to 

have been taken or committed under the corresponding title 54 

provision. 

SEC. 7. REPEALS. 

The following provisions of law are repealed, except with respect 

to rights and duties that matured, penalties that were incurred, 
H. R. 1068—180 

or proceedings that were begun before the date of enactment of 

this Act: 

Schedule of Laws Repealed 

Act Section United States Code Former 

Classification 

Act of February 15, 1901 (ch. 

372 relating to System units) .................................................. 16 U.S.C. 79.

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

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

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

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

Act of March 4, 1911 (ch. 238 

(4th and last paragraphs (relating to System units) under 

heading ‘‘IMPROVEMENT OF

THE NATIONAL FOREST’’ under 

heading ‘‘FOREST SERVICE’’) ... .................................................. 16 U.S.C. 5.

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

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

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

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

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

paragraph under heading 

‘‘NATIONAL PARKS’’).

16 U.S.C. 452.

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

paragraph under heading 

‘‘NATIONAL PARKS’’).

16 U.S.C. 6.

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

undesignated paragraph 

under heading ‘‘NATIONAL 

PARKS’’).

16 U.S.C. 452.

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

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

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

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

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

paragraph under heading 

‘‘NATIONAL PARKS’’).

16 U.S.C. 456.

1 (last undesignated 

paragraph under heading 

‘‘NATIONAL PARKS’’).

16 U.S.C. 11.

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.
H. R. 1068—181 

Schedule of Laws Repealed—Continued 

Act Section United States Code Former 

Classification 

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

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

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

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

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

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

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

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

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

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

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

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

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

undesignated paragraph 

under heading ‘‘NATIONAL

PARK SERVICE’’).

16 U.S.C. 9a.

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

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

paragraph under heading 

‘‘NATIONAL PARK 

SERVICE’’).

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

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

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

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

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

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

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

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

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

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

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

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

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

paragraph under heading 

‘‘NATIONAL PARK 

SERVICE’’).

16 U.S.C. 14a.

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

paragraph under heading 

‘‘NATIONAL PARK 

SERVICE’’).

16 U.S.C. 17j–1.

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

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

paragraph under heading 

‘‘NATIONAL PARK 

SERVICE’’).

16 U.S.C. 14c.

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

(g).

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

Act of June 3, 1948 (ch. 401) ..... 1 ............................................... 16 U.S.C. 8e.
H. R. 1068—182 

Schedule of Laws Repealed—Continued 

Act Section United States Code Former 

Classification 

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

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

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

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

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

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

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

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

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

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

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

Act of September 14, 1950 (ch. 

950) .......................................... 1 (last sentence proviso 

relating to national 

monuments).

16 U.S.C. 431a.

1 (last sentence proviso 

relating to national parks).

16 U.S.C. 451a.

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

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

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

Act of August 31, 1954 (ch. 

1163) ........................................ .................................................. 16 U.S.C. 452a.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Land and Water Conservation 

Fund Act of 1965 (Pub. L. 88– 

578) .......................................... title I, § 2 ................................ 16 U.S.C. 460l–5.

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

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

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

(n).

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

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

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

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

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

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

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

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

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

title II, § 201 ........................... 16 U.S.C. 460l–11.
H. R. 1068—183 

Schedule of Laws Repealed—Continued 

Act Section United States Code Former 

Classification 

National Historic Preservation 

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Demonstration Cities and Metropolitan Development Act of 

1966 (Pub. L. 89–754) ............. 603 ........................................... 16 U.S.C. 470b–1.

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

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

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

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

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

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

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

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

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

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

11 ............................................. 16 U.S.C. 19o.

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

Volunteers in the Parks Act of 

1969 (Pub. L. 91–357) ............. 1 ............................................... 16 U.S.C. 18g.

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

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

4 ............................................... 16 U.S.C. 18j.
H. R. 1068—184 

Schedule of Laws Repealed—Continued 

Act Section United States Code Former 

Classification 

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Urban Park and Recreation Recovery Act of 1978 (Pub. L. 

95–625) .................................... title X, § 1004 ......................... 16 U.S.C. 2503.

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

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

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

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

title X, § 1009 ......................... 16 U.S.C. 2308.

title X, § 1010 ......................... 16 U.S.C. 2309.

title X, § 1011 ......................... 16 U.S.C. 2310.

title X, § 1012 ......................... 16 U.S.C. 2311.

title X, § 1013 ......................... 16 U.S.C. 2312.

title X, § 1014 ......................... 16 U.S.C. 2313.

title X, § 1015 ......................... 16 U.S.C. 2314.

Public Law 96–199 ..................... title I, § 120 ............................ 16 U.S.C. 467b.

National Historic Preservation 

Act Amendments of 1980 

(Pub. L. 96–515) ...................... 208 ........................................... 16 U.S.C. 469c–2.

401 ........................................... 16 U.S.C. 470a–1.

402 ........................................... 16 U.S.C. 470a–2.

Public Law. 98–473 .................... title I, § 101(c) [title I, § 100] 16 U.S.C. 1e.

Public Law 98–540 ..................... 4(a) .......................................... 16 U.S.C. 1a–8(a).

International Security and Development Cooperation Act of 

1985 (Pub. L. 99–83) ............... 1303 ......................................... 16 U.S.C. 469j.

Public Law 101–337 ................... 1 ............................................... 19jj.

2 ............................................... 19jj–1.

3 ............................................... 19jj–2.

4 ............................................... 19jj–3.

5 ............................................... 19jj–4.
H. R. 1068—185 

Schedule of Laws Repealed—Continued 

Act Section United States Code Former 

Classification 

Public Law 101–628 ................... title XII, § 1213 ...................... 16 U.S.C. 1a–9.

title XII, § 1214 ...................... 16 U.S.C. 1a–10.

title XII, § 1215 ...................... 16 U.S.C. 1a–11.

title XII, § 1216 ...................... 16 U.S.C. 1a–12.

title XII, § 1217 ...................... 16 U.S.C. 1a–13.

Department of the Interior and 

Related Agencies Appropriations Act, 1993 (Pub. L. 102– 

381) .......................................... title I (1st proviso in 

paragraph under heading 

‘‘ADMINISTRATIVE PROVISIONS’’ 

under heading ‘‘NATIONAL

PARK SERVICE’’).

16 U.S.C. 14d.

Public Law 102–525 ................... title III, § 301 ......................... 16 U.S.C. 1a–14.

Department of the Interior and 

Related Agencies Appropriations Act, 1994 (Pub. L. 103– 

138) .......................................... title I (3d proviso in 

paragraph under heading 

‘‘ADMINISTRATIVE PROVISIONS’’ 

under heading ‘‘NATIONAL

PARK SERVICE’’).

16 U.S.C. 3a.

National Maritime Heritage Act 

of 1994 (Pub. L. 103–451) ...... 3 ............................................... 16 U.S.C. 5402.

4 ............................................... 16 U.S.C. 5403.

5 ............................................... 16 U.S.C. 5404.

6 ............................................... 16 U.S.C. 5405.

7 ............................................... 16 U.S.C. 5406.

8 ............................................... 16 U.S.C. 5407.

9 ............................................... 16 U.S.C. 5408.

Omnibus Consolidated Appropriations Act, 1997 (Pub. L. 

104–208) .................................. div. A, title I, § 101(d) [title I 

(3d undesignated paragraph 

under heading 

‘‘ADMINISTRATIVE PROVISIONS’’ 

under heading ‘‘NATIONAL

PARK SERVICE’’)].

16 U.S.C. 1g.

Omnibus Parks and Public 

Lands Management Act of 

1996 (Pub. L. 104–333) ........... div. I, title VI, § 604 ............... 16 U.S.C. 469k.

div. I, title VIII, § 814(a)(2) 

through (19).

16 U.S.C. 17o(2) through (19).

div. I, title VIII, § 814(g) ........ 16 U.S.C. 1f.

National Underground Railroad 

Network to Freedom Act of 

1998 (Pub. L. 105–203) ........... 3 ............................................... 16 U.S.C. 469l–1.

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

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

Strom Thurmond National Defense Authorization Act for 

Fiscal Year 1999 (Pub. L. 

105–261) .................................. div. A, title X, § 1068 ............. 16 U.S.C. 5409.

National Parks Omnibus Management Act of 1998 (Pub. L. 

105–391) .................................. 2 ............................................... 16 U.S.C. 5901.

101 ........................................... 16 U.S.C. 5911.
H. R. 1068—186 

Schedule of Laws Repealed—Continued 

Act Section United States Code Former 

Classification 

102 ........................................... 16 U.S.C. 5912.

103 ........................................... 16 U.S.C. 5913.

104 ........................................... 16 U.S.C. 5914.

201 ........................................... 16 U.S.C. 5931.

202 ........................................... 16 U.S.C. 5932.

203 ........................................... 16 U.S.C. 5933.

204 ........................................... 16 U.S.C. 5934.

205 ........................................... 16 U.S.C. 5935.

206 ........................................... 16 U.S.C. 5936.

207 ........................................... 16 U.S.C. 5937.

402 ........................................... 16 U.S.C. 5951.

403 ........................................... 16 U.S.C. 5952.

404 ........................................... 16 U.S.C. 5953.

405 ........................................... 16 U.S.C. 5954.

406 ........................................... 16 U.S.C. 5955.

407 ........................................... 16 U.S.C. 5956.

408 ........................................... 16 U.S.C. 5957.

409 ........................................... 16 U.S.C. 5958.

410 ........................................... 16 U.S.C. 5959.

411 ........................................... 16 U.S.C. 5960.

412 ........................................... 16 U.S.C. 5961.

413 ........................................... 16 U.S C. 5962.

414 ........................................... 16 U.S.C. 5963.

416 ........................................... 16 U.S.C. 5964.

417 ........................................... 16 U.S.C. 5965.

418 ........................................... 16 U.S.C. 5966.

501 ........................................... 16 U.S.C. 5981.

801 ........................................... 16 U.S.C. 6011.

Public Law 106–206 ................... 1 (relating to National Park 

System).

16 U.S.C. 460l–6d (relating 

to National Park System).

Department of the Interior and 

Related Agencies Appropriations Act, 2002 (Pub. L. 107– 

63) ............................................ title I (paragraph under 

heading ‘‘CONTRIBUTION FOR

ANNUITY BENEFITS’’ under 

heading ‘‘NATIONAL PARK

SERVICE’’).

16 U.S.C. 14e.

Consolidated Appropriations 

Resolution, 2003 (Pub. L. 

108–7) ...................................... div. F, title I (words before 

proviso in last undesignated 

paragraph under heading 

‘‘ADMINISTRATIVE PROVISIONS’’ 

under heading ‘‘NATIONAL

PARK SERVICE’’).

16 U.S.C. 1h.

div. F, title I (proviso in last 

undesignated paragraph 

under heading 

‘‘ADMINISTRATIVE PROVISIONS’’ 

under heading ‘‘NATIONAL

PARK SERVICE’’).

16 U.S.C. 1i.

Consolidated Appropriations Act 

of 2008 (Pub. L. 110–161) ...... div. F, title I (1st paragraph 

under heading 

‘‘ADMINISTRATIVE PROVISIONS’’ 

under heading ‘‘NATIONAL

PARK SERVICE’’).

16 U.S.C. 5954 note.

Consolidated Natural Resources 

Act of 2008 (Pub. L. 110–229) title III, subtitle A, § 301 ....... 16 U.S.C. 1j.

Omnibus Public Land Management Act of 2009 (Pub. L. 

111–11) .................................... title VII, subtitle B, § 7111(b) 16 U.S.C. 469m(b).
H. R. 1068—187 

Schedule of Laws Repealed—Continued 

Act Section United States Code Former 

Classification 

title VII, subtitle B, § 7111(c) 16 U.S.C. 469m(c).

title VII, subtitle D, 

§ 7301(b), (c).

16 U.S.C. 469k–1)(b), (c).

title VII, subtitle D, § 7302(b) 

through (f).

16 U.S.C. 469n(b) through (f).

title VII, subtitle D, § 7303 ... 16 U.S.C. 469o.

Credit Card Accountability Responsibility and Disclosure 

Act of 2009 (Pub. L. 111–24) .. title V, § 512 (relating to 

National Park System).

16 U.S.C. 1a–7b (relating to 

National Park System).

Speaker of the House of Representatives. 

Vice President of the United States and

President of the Senate.