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 pro-
posed agreement to the Committee on Energy and Natural Resources of the 
Senate and the Committee on Natural Resources of the House of Representa-
tives. The Secretary shall not finalize the agreement until 60 calendar days 
after the submission has elapsed. 
(c) CONCURRENT LEGISLATIVE JURISDICTION.—The Secretary shall dili-
gently 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. 
§ 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 provi-
sions 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 sub-
section (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 activi-
ties 
(a) IN GENERAL.—To facilitate the administration of the System, the Sec-
retary, under such terms and conditions as the Secretary may consider advis-
able, may carry out the activities described in this section. 
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(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 with-
in a System unit, as long as the activity does not jeopardize or unduly inter-
fere 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 alter-
natives 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 Government-owned 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 pro-
tection 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 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 supple-
ment the activities of the Department of the Interior in the administration 
of the System. The reimbursements may be credited to the appropriation cur-
rent 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 
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(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 ad-
justment is effected. 
(3) RENTAL OF EQUIPMENT FOR FIRE CONTROL PURPOSES.—The Sec-
retary 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 cur-
rently available at the time payment is received. 
§ 100902. Rights of way for public utilities and power and 
communication facilities 
(a) PUBLIC UTILITIES.— 
(1) IN GENERAL.—Under regulations the Secretary prescribes, the Sec-
retary 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 dis-
tribution 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 pro-
mote 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. 
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(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 pub-
lic 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 Sec-
retary 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 distribu-
tion of electrical power; 
(B) poles and lines for communication purposes; and 
(C) radio, television, and other forms of communication transmit-
ting, relay, and receiving structures and facilities. 
(2) EXTENT OF RIGHT OF WAY.—A right of way under this sub-
section— 
(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. 
(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 
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and on a finding that the right of way is not incompatible with the pub-
lic 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 Sys-
tem 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 CAN-
NOT 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 en-
trance fees or admission fees cannot be collected by reason of deed restric-
tions. 
(2) USE OF AMOUNTS.—Amounts withheld under paragraph (1) shall 
be retained by the Secretary and shall be available, without further ap-
propriation, 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), main-
tenance, and law enforcement. 
(b) ALLOCATION OF FUNDS TO SYSTEM UNITS.— 
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(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.—Not-
withstanding 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 be deposited in the same man-
ner as receipts from fees collected pursuant to this section. Fifty percent 
of the amount retained shall be expended only for maintenance of trans-
portation 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 ex-
ceed the maximum amount of the admission fee thate could otherwise be im-
posed. 
(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 Sys-
tem 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. 
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(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 sub-
section. 
(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 Re-
serve, Halemauu Trail, Kaupo Gap Trail, or any designated tourist 
viewpoint in Haleakala¯ National Park or of Grand Canyon Na-
tional 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 es-
tablish 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: 
(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 de-
termining 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.— 
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(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 Sys-
tem 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 ex-
pended. 
(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 ad-
visable, may appoint and establish advisory committees in regard to the func-
tions of the Service as the Secretary considers advisable. 
(b) CHARTER EXCEPTION ON RENEWAL.—Section 14(b) of the Federal Ad-
visory 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 au-
thorized by law. 
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(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 author-
ized 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.
Dispostion of property or income. 
101115.
Corporate succession and powers and duties acting as trustee; personal liability for 
malfeasance. 
101116.
Corporate powers. 
101117.
Authority of Board. 
101118.
Tax exemptions; contributions toward costs of local government; contributions, gifts, or 
transfers to or for use of United States. 
101119.
Liability of United States. 
101120.
Promotion of local fundraising support. 
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 sec-
tion only if Federal funds in an amount equal to the amount of the do-
nated funds are appropriated for the purposes of this section. 
(b) AUTHORIZATION OF APPROPRIATIONS.—There are authorized to be ap-
propriated for each fiscal year not more than $500,000 to match funds that 
are donated for those purposes. 
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