(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 non-
profit 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 improve-
ment 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 re-
newal 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. 
§ 101927. Regulations 
(a) IN GENERAL.—The Secretary shall prescribe regulations appropriate 
for the implementation of this subchapter. 
(b) CONTENTS.—The regulations— 
(1) shall include appropriate provisions to ensure that concession 
services and facilities to be provided in a System unit are not seg-
mented 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 Na-
tive, and Native Hawaiian handicrafts’’ for the purposes of this sub-
chapter. 
CHAPTER 1021—PRIVILEGES, LEASES, RENTALS, AND 
PERMITS 
Sec. 
102101.
General provisions. 
102102.
Disposal of timber. 
102103.
Authority of Secretary to enter into lease for buildings and associated property. 
102104.
Maintenance and repair of Federal Government improvements under concession con-
tracts. 
§ 102101. General provisions 
(a) LIMITATION.— 
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(1) NO LEASE, RENTAL, OR PRIVILEGE THAT INTERFERES WITH 
FREE ACCESS.—No natural curiosity, wonder, or object of interest shall 
be leased, rented, 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 Sec-
retary may grant privileges, leases, and permits described in subsection (a) 
and enter into related contracts with responsible persons, firms, or corpora-
tions without advertising and without securing competitive bids. 
(c) ASSIGNMENT OR TRANSFER.— No contract, lease, permit, or privilege 
described in subsection (a) or (b) that is entered into or granted shall be 
assigned or transferred by the grantee, permittee, or licensee without the 
prior written approval of the Secretary. 
§ 102102. 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. 
§ 102103. 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)— 
(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; 
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(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 re-
pair 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 avail-
able until expended, without further appropriation, for infrastructure 
needs at System units, including— 
(A) facility refurbishment; 
(B) repair and replacement; 
(C) infrastructure projects associated with park resource protec-
tion; and 
(D) direct maintenance of the leased buildings and associated 
properties. 
(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, 100503, 100506, 100901(b), 100902(1) and (2), 100909(a) 
and (d), 100910, 101301(1)(A) and (2) to (4), 101305, 101702(b) and 
(c), 101901(1), 102901, and 102902 of this title. 
(f) REGULATIONS.—The Secretary shall prescribe regulations imple-
menting this section that include provisions to encourage and facilitate com-
petition in the leasing process and provide for timely and adequate public 
comment. 
§ 102104. Maintenance and repair of Federal Government 
improvements under concession contracts 
Privileges, leases, and permits granted by the Secretary for the use of 
land for the accommodation of System unit visitors, pursuant to sections 
100901(a), 100906, 102101, and 102102 of this title, may provide for the 
maintenance and repair of Federal Government improvements by the grant-
ee notwithstanding section 1302 of title 40 or any other provision of law. 
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CHAPTER 1023—SYSTEM UNIT RESOURCE PROTECTION 
Sec. 
102301.
Definitions. 
102302.
Liability. 
102303.
Actions. 
102304.
Use of recovered amounts. 
102305.
Donations. 
§ 102301. Definitions 
In this chapter: 
(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 102303(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; and 
(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. 
§ 102302. 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 destruc-
tion, 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 re-
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sponse 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— 
(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 omis-
sion of a third 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 liabil-
ity that may arise under Federal or State law. 
§ 102303. Actions 
(a) CIVIL ACTION FOR RESPONSE COSTS AND DAMAGES.—The Attorney 
General, on request of the Secretary after a finding by the Secretary of de-
struction, loss, or injury to a System unit resource or a finding that absent 
the undertaking of response costs, destruction, loss, or damage 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 102302 of this title for response costs and damages. The Secretary 
shall submit a request for the action to the Attorney General whenever a 
person or instrumentality may be liable for those costs and damages under 
section 102302 of this title. 
(b) RESPONSE ACTIONS AND ASSESSMENT OF DAMAGES.— 
(1) ACTIONS TO PREVENT OR MINIMIZE DESTRUCTION, LOSS, OR IN-
JURY.—The Secretary shall undertake all necessary actions to prevent 
or minimize the destruction, loss of, or injury to System unit resources, 
or to minimize the imminent risk of such destruction, loss, or injury. 
(2) ASSESSMENT AND MONITORING.—The Secretary shall assess and 
monitor destruction, loss, or injury to System unit resources. 
§ 102304. Use of recovered amounts 
(a) LIMITATION ON USE.—Response costs and damages recovered by the 
Secretary under this chapter or amounts recovered by the Federal Govern-
ment 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 as-
sessments by the Secretary or other Federal agencies as the Secretary 
considers appropriate. 
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(2) RESTORATION AND REPLACEMENT.—To restore, replace, or ac-
quire 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 authorizing the 
System unit. 
(b) EXCESS AMOUNTS.—Any amounts remaining after expenditures pur-
suant to paragraphs (1) and (2) of subsection (a) shall be deposited in the 
Treasury. 
§ 102305. 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. 
CHAPTER 1025—VOLUNTEERS IN PARKS PROGRAMS 
Sec. 
102501.
Establishment of program. 
102502.
Incidental expenses. 
102503.
Federal employee status for volunteers. 
102504.
Authorization of appropriations. 
§ 102501. Establishment of program 
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 com-
pensation as volunteers for or in aid of interpretive functions or other visitor 
services or activities in and related to System units. In accepting those serv-
ices, 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. 
§ 102502. Incidental expenses 
The Secretary may provide for incidental expenses of volunteers, such as 
transportation, uniforms, lodging, and subsistence. 
§ 102503. Federal employee status for volunteers 
(a) EMPLOYMENT STATUS OF VOLUNTEERS.—Except as otherwise pro-
vided 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 employ-
ment, including those relating to hours of work, rates of compensation, 
leave, unemployment compensation, and Federal employee benefits. 
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(b) 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. 
(c) VOLUNTEERS DEEMED CIVIL EMPLOYEES.—For the purposes of sub-
chapter 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 chap-
ter 81 of title 5 shall apply. 
(d) 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. 
§ 102504. Authorization of appropriations 
There are authorized to be appropriated such amounts as are necessary 
to carry out this chapter, but not more than $3,500,000 shall be appro-
priated in any one year. 
CHAPTER 1027—MUSEUMS 
Sec. 
102701.
Purpose. 
102702.
Definition. 
102703.
Authority of Secretary. 
102704.
Review and approval. 
102705.
Disposal of unnecessary or duplicate museum objects. 
§ 102701. Purpose 
The purpose of this chapter is to increase the public benefits from muse-
ums established within System units and the Department of the Interior 
Museum as a means of informing the public concerning the areas and pre-
serving valuable objects and relics relating to the areas. 
§ 102702. Definition 
(a) IN GENERAL.—In this chapter, the term ‘‘museum object’’ means an 
object that— 
(1) is eligible to be, or is made part of, a museum, library, or archive 
collection through a formal procedure, such as accessioning; and 
(2) is usually movable. 
(b) INCLUSIONS.—In this chapter, the term ‘‘museum object’’ includes a 
prehistoric or historic artifact, work of art, book, document, photograph, or 
natural history specimen. 
§ 102703. Authority of Secretary 
Notwithstanding other provisions or limitations of law, the Secretary may 
perform the following functions in the manner that the Secretary considers 
to be in the public interest: 
(1) DONATIONS AND BEQUESTS.—The Secretary may accept dona-
tions and bequests of money or other personal property, and hold, use, 
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expend, and administer the money or other personal property for pur-
poses of this chapter. 
(2) PURCHASES.—The Secretary may purchase museum objects and 
other personal property at prices that the Secretary considers to be 
reasonable. 
(3) EXCHANGES.—The Secretary may make exchanges by accepting 
museum objects and other personal property and by granting in ex-
change 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 con-
summated on a basis that the Secretary considers to be equitable and 
in the public interest. 
(4) ACCEPTING LOANS OF PROPERTY.—The Secretary may accept 
the loan of museum objects and other personal property and pay trans-
portation costs incidental to the museum objects or other personal 
property. Loans shall be accepted on terms and conditions that the 
Secretary considers necessary. 
(5) LOANING 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. 
(6) 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 Smithso-
nian 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 reim-
bursement. The head of any other Federal agency may transfer, with-
out reimbursement, museum objects directly to the administrative juris-
diction of the Secretary for the purpose of this chapter. 
(7) DESTRUCTION OF MUSEUM OBJECTS.—The Secretary may de-
stroy or cause to be destroyed museum objects that the Secretary de-
termines to have no scientific, cultural, historic, educational, esthetic, 
or monetary value. 
(8) 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 
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institutions exempt from Federal taxation under section 501(c)(3) of 
the Internal Revenue Code of 1986 (26 U.S.C. 501(c)(3)) and to non- 
Federal governmental entities if the Secretary determines that the re-
cipient 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 paragraph and paragraphs (6) and (7). 
§ 102704. 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 section 102703(6), (7), or (8) 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 section 102703(6), (7), or (8) of this 
title. 
§ 102705. Disposal of unnecessary or duplicate museum ob-
jects 
The Secretary may dispose of objects no longer needed for the Depart-
ment of the Interior Museum or held in duplicate among museum properties 
and apply the proceeds to the purchase of museum objects and other per-
sonal property at reasonable prices. 
CHAPTER 1029—LAW ENFORCEMENT AND EMERGENCY 
ASSISTANCE 
Subchapter I—Law Enforcement 
Sec. 
102901.
Law enforcement personnel within System. 
102902.
Crime prevention assistance. 
Subchapter II—Emergency Assistance 
102911.
Authority of Secretary to carry out certain activities. 
102912.
Aid to visitors, grantees, permittees, or licensees in emergencies. 
Subchapter I—Law Enforcement 
§ 102901. Law enforcement personnel within System 
(a) OFFICERS AND EMPLOYEES OF THE DEPARTMENT OF THE INTE-
RIOR.— 
(1) DESIGNATION AUTHORITY OF SECRETARY.—The Secretary, pur-
suant to standards prescribed in regulations by the Secretary, may des-
ignate 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 em-
ployees may— 
(A) carry firearms; 
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