113TH CONGRESS 
1ST SESSION H. R. 1068 
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. 
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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, ‘‘Na-
tional 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 imperfec-
tions, 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 Pro-
grams’’, 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 
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 
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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 Na-
tive 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 Respon-
sibilities 
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 
–––––––––––––––––––––––––––––––––––––––––––––––––––– 
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 Na-
tional Park Service, shall promote and regulate the use of the National 
Park System by means and measures that conform to the fundamental pur-
pose 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 
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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 en-
joyment 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 Na-
tional Park System as cumulative expressions of a single national 
heritage; 
(C) individually and collectively, these areas derive increased na-
tional dignity and recognition of their superb environmental qual-
ity 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 Sys-
tem. 
(2) 1978 REAFFIRMATION.—Congress reaffirms, declares, and di-
rects that the promotion and regulation of the various System units 
shall be consistent with and founded in the purpose established by sub-
section (a), to the common benefit of all the people of the United 
States. The authorization of activities shall be construed and the pro-
tection, 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: 
(1) DIRECTOR.—The term ‘‘Director’’ means the Director of the Na-
tional 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. 
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(4) SERVICE.—The term ‘‘Service’’ means the National Park Serv-
ice. 
(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 di-
rector who shall be appointed by the President, by and with the advice 
and consent of the Senate. 
(2) QUALIFICATIONS.—The Director shall have substantial experi-
ence 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 contig-
uous 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 as-
signed to the Service. 
(c) OTHER EMPLOYEES.—The Service shall have such subordinate offi-
cers 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. 
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. 
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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, park-
way, 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 (in-
cluding 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 car-
rying 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 pre-
pare 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 re-
source management), visitor services (including maintenance, in-
terpretation, law enforcement, and search and rescue), and admin-
istration; and 
(B) allocations into each of the categories in subparagraph (A) 
of all funds retained from fees collected for that year, including 
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special use permits, concession franchise fees, and recreation use 
and entrance fees. 
§ 100504. Study and planning of park, parkway, and rec-
reational-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 Is-
lands. 
(2) STUDY.—The Secretary shall cause the Service to make a com-
prehensive study, other than on land under the jurisdiction of the Sec-
retary 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 jurisdic-
tion 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 Fed-
eral departments or agencies having jurisdiction of land belonging 
to the United States; and 
(B) may cooperate and make agreements with and seek and ac-
cept 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 recreational-area facilities for 
the people of the United States, the Secretary may aid States and po-
litical subdivisions of States in planning public park, parkway, and rec-
reational areas and in cooperating with one another to accomplish these 
ends. Aid shall be made available through the Service acting in co-
operation 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 
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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 agree-
ment 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 less often than every 3 years) 
submit to the Committee on Natural Resources and the Committee on Ap-
propriations 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 Sec-
retary shall consult with appropriate officials of affected Federal, State, and 
local agencies and national, regional, and local organizations. The consulta-
tion 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 No-
vember 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 par-
cel (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, construc-
tion, 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, includ-
ing— 
(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 
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(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 ac-
company the proposal with a statement reflecting the results of the ap-
plication 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 preservation, protection, 
interpretation, or management of a System unit, the Secretary may, 
following timely notice in writing to the Committee on Natural Re-
sources 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 ac-
quisition of any land, water, and interests in land or water added 
to the System unit by the boundary change subject to such statu-
tory limitations, if any, on methods of acquisition and appropria-
tions 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 inter-
ests 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; 
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(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 im-
pacts of the proposed action. 
(3) ACTION TO ADVANCE LOCAL PUBLIC AWARENESS.—The Sec-
retary 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, sub-
ject 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 (re-
sulting 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 inter-
ests 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 sig-
nificantly affecting the quality of the human environment, as de-
termined 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, 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 
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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 Di-
rector. 
(6) ACT OF CONGRESS REQUIRED.—Minor boundary changes involv-
ing only deletions of acreage owned by the Federal Government and ad-
ministered 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 poten-
tial for inclusion in the System. 
(b) SUBMISSION OF LIST OF AREAS RECOMMENDED FOR STUDY FOR PO-
TENTIAL INCLUSION.— 
(1) WHEN LIST IS TO BE SUBMITTED.—At the beginning of each cal-
endar year, with the annual budget submission, the Secretary shall sub-
mit to the Committee on Natural Resources of the House of Represent-
atives 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 sub-
mitted under this subsection, the Secretary shall consider— 
(A) the areas that have the greatest potential to meet the estab-
lished criteria of national significance, suitability, and feasibility; 
(B) themes, sites, and resources not already adequately rep-
resented 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 moni-
toring 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 prelimi-
nary resource assessments, gather data on potential study areas, pro-
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vide technical and planning assistance, prepare or process nominations 
for administrative 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 vi-
cinity 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 op-
eration; 
(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 en-
sure long-term resource protection and visitor use; 
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(B) shall consider whether direct Service management or alter-
native 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 effec-
tive and efficient in protecting significant resources and providing 
for public enjoyment; and 
(D) may include any other information that the Secretary con-
siders 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 contain a 
recommendation regarding the Secretary’s preferred management op-
tion 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 nu-
merical order of priority for addition to the System— 
(A) a list of areas that have been previously studied that con-
tain primarily historical resources; and 
(B) a list of areas that have been previously studied that con-
tain 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 IN-
TEGRITY 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 an-
ticipated damage or threats to the integrity of their resources, with nota-
tions as to the nature and severity of the damage or threats. 
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(f) REPORTS AND LISTINGS PRINTED AS HOUSE DOCUMENTS.—Each re-
port and annual listing described in this section shall be printed as a House 
document. If adequate supplies of previously printed identical reports re-
main 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 En-
ergy and Natural Resources of Senate indicating that to be the case. 
(g) DESIGNATION OF OFFICE.—The Secretary shall designate a single of-
fice 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 sub-
section (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 LAND-
MARKS.—To monitor the welfare and integrity of the national land-
marks, 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. 
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 regula-
tions. 
100733.
Recordation of mining claims; publication of notice. 
100734.
Report on finding or notification of potential damage to natural and historical land-
marks. 
100735.
Civil actions for just compensation by mining claim holders. 
100736.
Acquisition of land by Secretary. 
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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 re-
sources 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 informa-
tion on the long-term trends in the condition of System resources. The mon-
itoring program shall be developed in cooperation with other Federal moni-
toring 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 re-
quests from Federal or non-Federal public or private agencies, organiza-
tions, individuals, or other entities for the use of any System unit for pur-
poses 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 poli-
cies; 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. 
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(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 deci-
sions 
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 re-
source studies have been considered. The trend in the condition of resources 
of the System shall be a significant factor in the annual performance eval-
uation of each superintendent of a System unit. 
§ 100707. Confidentiality of information 
Information concerning the nature and specific location of a System re-
source that is endangered, threatened, rare, or commercially valuable, of 
mineral or paleontological objects within System units, or of objects of cul-
tural patrimony within System units, may be withheld from the public in 
response to a request under section 552 of title 5 unless the Secretary de-
termines 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 re-
source 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: 
(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 
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(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 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-
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 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 omis-
sion 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 liabil-
ity that may arise under Federal or State law. 
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§ 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 de-
struction, loss, or injury to a System unit resource or a finding that absent 
the undertaking of a response action, destruction, loss, or injury to a Sys-
tem unit resource would have occurred, may bring a civil action in United 
States district court against any person or instrumentality that may be lia-
ble 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 IN-
JURY.—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 Gov-
ernment 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. 
(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 establishing the 
System unit. 
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(b) EXCESS AMOUNTS.—Any amounts remaining after expenditures pur-
suant 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. 
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 con-
flicts 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 re-
sulting from the exercise of mineral rights on patented or unpatented min-
ing claims within any System unit shall be subject to such regulations pre-
scribed 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 no-
tice 
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 bound-
aries 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 recorda-
tion does not render valid any claim that was not valid on September 28, 
1976, or that becomes invalid after that date. 
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§ 100734. Report on finding or notification of potential dam-
age to natural and historical landmarks 
When the Secretary finds on the Secretary’s own motion or on being noti-
fied in writing by an appropriate scientific, historical, or archeological au-
thority that a district, site, building, structure, or object that has been 
found to be nationally significant in illustrating natural history or the his-
tory of the United States and that has been designated as a natural or his-
toric landmark may be irreparably lost or destroyed in whole or in part by 
any surface mining activity, including exploration for or removal or produc-
tion of minerals or materials, the Secretary shall notify the person con-
ducting the activity and submit a report on the findings or notification, in-
cluding the basis for the Secretary’s finding that the activity may cause ir-
reparable loss or destruction of a national landmark, to the Advisory Coun-
cil 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. 
§ 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 com-
pensation, 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 Gla-
cier 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 con-
tinued ownership of the right or property is causing, or would result in, 
undue hardship. 
§ 100737. Financial disclosure by officer or employee of Sec-
retary 
(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 
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(2) has any known financial interest— 
(A) in any person subject to this subchapter or any Act amend-
ed 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 bound-
ary 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 sub-
section (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 em-
ployees of the statements and the review by the Secretary of the state-
ments; 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 Sec-
retary may identify specific positions within the Department of the Interior 
that are of a nonregulatory or nonpolicymaking nature and provide that of-
ficers or employees occupying those positions shall be exempt from the re-
quirements of this section. 
(d) CRIMINAL PENALTIES.—Criminal penalties for a violation of this sec-
tion 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 Sys-
tem 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 boat-
ing and other activities on or relating to water located within System units, 
including water subject to the jurisdiction of the United States. Any regula-
tion 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. 
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(c) CRIMINAL PENALTIES.—Criminal penalties for a violation of a regula-
tion 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 Sec-
retary 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. Relinquish-
ment 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 Represent-
atives. 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 terri-
tory 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 authori-
ties 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 sub-
section (a) are— 
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(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 
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 alter-
natives by which to acquire or perform the necessary services, re-
sources, 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 tem-
peratures 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 rent equipment, 
to persons and agencies that, in cooperation with and subject to the ap-
proval of the Secretary, render services or perform functions that facilitate 
or supplement the activities of the Department of the Interior in the admin-
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istration of the System. The reimbursements may be credited to the appro-
priation 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 inter-
est 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 MAIN-
TAIN 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 pri-
vate 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 EQUIP-
MENT.— 
(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 re-
quested 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, mainte-
nance, 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, coun-
ty, private, or other non-Federal agencies that cooperate with the Sec-
retary in the administration of the System and other areas in fire con-
trol. The rental shall be under the terms of written cooperative agree-
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ments. The amount collected for the rentals shall be credited to appro-
priations currently 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 
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 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 promote irrigation or mining or quarrying, or the manufac-
turing 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 sub-
section 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 al-
lowed within or through a System unit only on the approval of the Sec-
retary 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 in-
terest 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 Sys-
tem unit to a citizen, association, or corporation of the United States 
that intends to use the right of way for— 
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(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 trans-
mitting, 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 al-
lowed within or through a System unit only on the approval of the Sec-
retary 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 cul-
tural values of the System and the property of the United States in the Sys-
tem, no solid waste disposal site (including any site for the disposal of do-
mestic 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 Sys-
tem unit so long as the site will not degrade any of the natural or cul-
tural resources of the System unit. 
(b) REGULATIONS.—The Secretary shall prescribe regulations to carry 
out this section, including reasonable regulations to mitigate the adverse ef-
fects 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.— 
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(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 ap-
propriation, for expenditure by the Secretary for the System unit with 
respect to which the amounts were collected for the purposes of en-
hancing the quality of the visitor experience, protection of resources, 
repair and maintenance, interpretation, signage, habitat or facility en-
hancement, resource preservation, annual operation (including fee col-
lection), 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 with subparagraph 
(B) of this subsection and 50 percent shall be allocated in accord-
ance 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 ex-
penses 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 alloca-
tion 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 
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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 sub-
section 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 Sec-
retary, volunteers at System units may sell permits and collect fees au-
thorized or established pursuant to this section. The Secretary shall en-
sure 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 (with-
out cost to the United States) annual admission permits (including 
Golden Eagle Passports) at any appropriate location. The arrange-
ments 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 Serv-
ice 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 admis-
sion 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 
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 im-
posed. The remaining 50 percent of the retained amount shall be ex-
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pended 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 estab-
lish 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 reason-
able 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). 
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§ 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 
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 as-
sessed in subsection (a). 
(c) STILL PHOTOGRAPHY.— 
(1) IN GENERAL.—Except as provided in paragraph (2), the Sec-
retary 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, as-
sess a fee, or both, if the photography takes place at other locations 
where members of the public are generally not allowed, or where addi-
tional 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 deter-
mines 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. 
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(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 estab-
lish a process to ensure that the Secretary responds in a timely manner to 
permit applicants for commercial filming, still photography, or other activ-
ity. 
§ 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 advi-
sory commission or advisory committee established by law in connection 
with any System unit during the period for which the commission or com-
mittee is authorized by law. 
(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 ap-
pointed. 
(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. 
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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. 
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 estab-
lished 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. 
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(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 ex-
penses incurred by them in the performance of their duties as members out 
of National Park Foundation funds available to the Board for those pur-
poses. 
§ 101113. Gifts, devises, or bequests 
(a) AUTHORITY TO ACCEPT GIFTS, DEVISES, OR BEQUESTS.— 
(1) IN GENERAL.—The National Park Foundation may accept, re-
ceive, 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, RE-
STRICTED, 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. 
(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 in-
terest 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 re-
sources. 
§ 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 dis-
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pose 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 re-
tain 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 reim-
bursed 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 act-
ing 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 con-
tracts, 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. 
§ 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 tax-
ation. 
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(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 imple-
ment a comprehensive program to assist and promote philanthropic pro-
grams of support at the individual System unit level. 
(b) IMPLEMENTATION.—The program under subsection (a) shall be im-
plemented to— 
(1) assist in the creation of local nonprofit support organizations; 
and 
(2) provide support, national consistency, and management-improv-
ing suggestions for local nonprofit support organizations. 
(c) PROGRAM.—The program under subsection (a)— 
(1) shall include the greatest number of System units as is prac-
ticable; and 
(2) at a minimum shall include— 
(A) a standard adaptable organizational design format to estab-
lish and sustain responsible management of a local nonprofit sup-
port 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 op-
erating expertise of personnel employed by local nonprofit support 
organizations. 
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(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 re-
quires— 
(A) a nonprofit support organization or friends group to modify 
current practices or to affiliate with the National Park Founda-
tion; or 
(B) a local nonprofit support organization, established as a re-
sult of this section, to be bound through its charter or corporate 
bylaws to be permanently affiliated with the National Park Foun-
dation. 
(2) ESTABLISHMENT.—An affiliation with the National Park Foun-
dation 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 in-
clude 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. 
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(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 an-
nual work plan identifying maintenance needs and financial resources 
to be devoted to each maintenance task. 
(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 mainte-
nance operations. 
§ 101302. Authority of Secretary to carry out certain activi-
ties 
(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 em-
ployees 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 Sec-
retary 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 re-
garded and listed as System equipment. 
(e) MEALS AND LODGING.—The Secretary may provide meals and lodg-
ing, 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 
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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 at-
tention 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 iso-
lated 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 bur-
ial. 
§ 101304. Personal equipment and property 
(a) PURCHASE OF PERSONAL EQUIPMENT AND SUPPLIES.—The Sec-
retary may purchase personal equipment and supplies for employees 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 of-
ficial 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 per-
formance of their official work; and 
(2) provide, at Federal Government expense, forage, care, and hous-
ing 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, rent-
al, or purchase of property from employees of the Service whenever it would 
promote the public interest to do so. 
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§ 101305. Travel expenses of System employees and depend-
ents of deceased employees 
In the administration of the System, the Secretary may, under regula-
tions 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 compensa-
tion for not to exceed 60 days rental cost, in the case of an em-
ployee 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 out-
side 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 em-
ployees 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. 
§ 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 
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there is no feasible alternative to the provision of Federal Govern-
ment housing, and the members of the individual’s family. 
(2) PRIMARY RESOURCE VALUES.—The term ‘‘primary resource val-
ues’’ 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 assign-
ments 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 ad-
ministrative jurisdiction of the Service; and 
(2) rent that housing to field employees at rates based on the reason-
able value of the housing in accordance with requirements applicable 
under section 5911 of title 5. 
(b) JOINT DEVELOPMENT AUTHORITY.—The Secretary may use authori-
ties 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 hous-
ing 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 estab-
lish 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. 
§ 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 re-
spect 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 sub-
chapter and subject to the appropriation of necessary funds in advance, 
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enter into housing agreements with housing entities under which the hous-
ing 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 stand-
ards; 
(C) shall contain additional terms and conditions as may be ap-
propriate 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 Sec-
retary determines that the lease will improve the quality and avail-
ability 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 plan-
ning, 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 nec-
essary funds in advance, the Secretary may enter into a lease-to-build 
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arrangement as set forth in subsection (a) with further agreement to 
guarantee the occupancy of field employee quarters constructed or re-
habilitated under the lease. A guarantee made under this paragraph 
shall be in writing. 
(2) LIMITATIONS ON GUARANTEES.— 
(A) SPECIFIC
GUARANTEES.—The Secretary may not guar-
antee— 
(i) the occupancy of more than 75 percent of the units con-
structed or rehabilitated under the lease; and 
(ii) at a rental rate that exceeds the rate based on the rea-
sonable 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
EMPLOY-
EES.—A guarantee may be made under this subsection only if the les-
see 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 les-
see 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 pro-
tect 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 Sec-
retary 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 tem-
porary; 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 re-
quirements applicable under section 5911 of title 5. 
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(c) UNRECOVERED COSTS.—The Secretary may pay the unrecovered 
costs of leasing seasonal quarters under this section from annual appropria-
tions 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. 
(b) PROCEEDS FROM LEASES.—The proceeds from any lease under sec-
tion 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 estab-
lished 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 ini-
tial construction. 
§ 101340. Use of funds 
(a) EXPENDITURE SHALL FOLLOW PRIORITY LISTING.—Expenditure of 
any funds authorized and appropriated for new construction, repair, or re-
habilitation 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 identi-
fication of nonconstruction funds to be spent for Service housing mainte-
nance 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. 
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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 prox-
imity to, System units, when the Secretary determines that the airports 
are necessary to the proper performance of the functions of the Depart-
ment of the Interior. 
(2) INCLUSION IN NATIONAL PLAN.—The Secretary shall not ac-
quire, 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 oper-
ation and maintenance of airports under this section shall be in accord-
ance 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 re-
spect to the airports as may be necessary to carry out this section. 
(2) CONSENT REQUIRED.—This section does not authorize the Sec-
retary 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 offi-
cial 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— 
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(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 oper-
ated 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 con-
struct, reconstruct, and improve roads and trails, including bridges, in Sys-
tem 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 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 ex-
ceed— 
(I) 60 miles in length between a System unit gateway 
and a point on or leading to the nearest convenient Na-
tional 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 ap-
proach road shall be designated in any one county. 
(C) SUPPLEMENTARY PART OF SYSTEM UNIT HIGHWAY SYS-
TEM.—An approach road designated for a System unit shall be 
treated as a supplementary part of the highway system of the Sys-
tem unit. 
(2) CONSTRUCTION, RECONSTRUCTION, AND IMPROVEMENT.— 
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(A) IN GENERAL.—The Secretary may construct, reconstruct, 
and improve approach roads designated under paragraph (1) (in-
cluding 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 im-
provement 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 agree-
ment 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, Puer-
to Rico, Guam, and the Virgin Islands. 
(b) AUTHORITY OF SECRETARY.—The Secretary may, subject to condi-
tions as seem proper to the Secretary, convey by proper quitclaim deed to 
any State, county, municipality, or agency of a State, county, or munici-
pality 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 Serv-
ice. 
(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 Sec-
retary in writing of its willingness to accept and maintain the road. 
(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 transpor-
tation projects where feasible pursuant to those plans for System units. 
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(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 pro-
vide transportation services, capital equipment, or facilities to im-
prove 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 adminis-
tered 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 ac-
quired 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 conven-
ience 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. 
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(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 Sec-
retary of Commerce, and the heads of other Federal departments or agen-
cies 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 author-
ity 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 publica-
tion 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 conven-
ient to the affected System unit. 
(b) PRIOR TO IMPLEMENTATION OF PROJECT.—Prior to the implementa-
tion 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 Com-
mittee on Energy and Natural Resources of the Senate and the Com-
mittee on Natural Resources of the House of Representatives. 
(c) WAITING PERIOD.—When a report on a project is required under sub-
section (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. 
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§ 101524. Special rule for service contract to provide trans-
portation 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 enti-
ty 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 ad-
mission fees may occur at the transportation staging area or any other rea-
sonably convenient location determined by the Secretary. The Secretary may 
enter into agreements, with public or private entities that qualify to the Sec-
retary’s satisfaction, to collect the transportation and admission fee. Trans-
portation fees collected pursuant to this section shall be retained by the Sys-
tem unit at which the transportation fee was collected, and the amount re-
tained 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 serv-
ices in carrying out authorized functions and responsibilities of the Sec-
retary with respect to any System unit or System program, any affili-
ated 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, corpora-
tion, individual, or other entity. 
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(b) AUTHORITY TO ENTER INTO CHALLENGE COST-SHARE AGREE-
MENTS.—The Secretary may negotiate and enter into challenge cost-share 
agreements with cooperators. 
(c) SOURCE OF FEDERAL SHARE.—In carrying out challenge cost-share 
agreements, the Secretary may provide the Federal funding share from any 
funds available to the Service. 
§ 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 train-
ing 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 equip-
ment, 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 procure-
ment 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 condi-
tions 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 re-
spect to living exhibits and interpretive demonstrations in System 
units; and 
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(3) credit the proceeds from those sales and contracts to the appro-
priation 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 agree-
ments with State, local, or tribal governments, other Federal agencies, 
other public entities, educational institutions, private nonprofit organi-
zations, or participating private landowners for the purpose of pro-
tecting 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— 
(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 wild-
life 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 pro-
vided by the Secretary or other parties to the agreement in sup-
port 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 Sec-
retary 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 pur-
poses 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. 
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(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, mainte-
nance, or operation of infrastructure, except for ancillary support facili-
ties 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 ad-
visable, may enter into an agreement with a State or local government agen-
cy 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 manage-
ment 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. 
(c) ASSIGNMENT OF EMPLOYEE.—An assignment arranged by the Sec-
retary 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 assign-
ment 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 ap-
propriate 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 pay-
ment. 
Chapter 1019—Concessions and 
Commercial Use Authorizations 
Subchapter I—Authority of Secretary 
Sec. 
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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 con-
cessioners, 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. 
Subchapter II—Commercial Visitor 
Services 
§ 101911. Definitions 
In this subchapter: 
(1) ADVISORY BOARD.—The term ‘‘Advisory Board’’ means the Na-
tional Park Service Concessions Management Advisory Board estab-
lished 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 deter-
mination 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 condi-
tions of any competing proposal that the Secretary determines to be 
the best proposal for a proposed new concession contract that author-
izes the continuation of the facilities and services provided by the con-
cessioner 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 re-
quires that public accommodations, facilities, and services that have to be 
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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 de-
velopment 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 preser-
vation 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 serv-
ices to visitors to System units. Concession contracts shall be awarded as 
follows: 
(1) COMPETITIVE SELECTION PROCESS.—Except as otherwise pro-
vided 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 competi-
tive selection process. The competitive process shall include simplified 
procedures for 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 re-
newals 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 avail-
ability 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 inter-
ested persons. 
(3) INFORMATION
TO
BE
INCLUDED
IN
PROSPECTUS.—The pro-
spectus shall include the following information: 
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(A) The minimum requirements for the contract as set forth in 
paragraph (4). 
(B) The terms and conditions of any existing concession con-
tract 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 oper-
ation that is provided to the Secretary pursuant to a concession 
contract or is otherwise available to the Secretary, as the Sec-
retary determines is necessary to allow for the submission of com-
petitive proposals. 
(H) Where applicable, a description of a preferential right to 
the renewal of the proposed concession contract held by an exist-
ing concessioner as set forth in paragraph (7). 
(4) CONSIDERATION OF PROPOSALS.— 
(A) MINIMUM REQUIREMENTS.—No proposal shall be consid-
ered that fails to meet the minimum requirements as determined 
by the Secretary. The minimum requirements shall include the fol-
lowing: 
(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, conserva-
tion, 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— 
(i) the person, corporation, or entity is not qualified or is 
not likely to provide satisfactory service; or 
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(ii) the proposal is not responsive to the objectives of pro-
tecting 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 Sec-
retary, the Secretary shall establish new minimum contract re-
quirements and re-initiate the competitive selection process pursu-
ant 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 amend-
ments or changes are considered appropriate by the Secretary, the 
Secretary shall resolicit offers for the concession contract incor-
porating 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 Sys-
tem 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 appro-
priate 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 regula-
tions to implement this subchapter, the Secretary shall consider 
the extent to which plans for employment of Indians (including 
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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 receipts in ex-
cess 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 Sen-
ate. 
(B) WAITING PERIOD.—The Secretary shall not award any pro-
posed concession contract to which subparagraph (A) applies until 
at least 60 days subsequent to the notification of both Commit-
tees. 
(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 re-
newals of the categories of concession contracts described by para-
graph (8), subject to the requirements of that paragraph. 
(C) ENTITLEMENT TO AWARD OF NEW CONTRACT.—A conces-
sioner that successfully exercises a preferential right of renewal in 
accordance with the requirements of this subchapter shall be enti-
tled 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 fol-
lowing: 
(i) Subject to subparagraph (B), concession contracts that 
solely authorize the provision of specialized backcountry out-
door 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. 
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(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 out-
fitting and guide concessioner is entitled to a preferential 
right of renewal under this subchapter only if— 
(I) the contract with the outfitting and guide conces-
sioner does not grant the concessioner any interest, in-
cluding any leasehold surrender interest or possessory in-
terest, 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; 
(II) the Secretary determines that the concessioner 
has operated satisfactorily during the term of the con-
tract (including any extension); and 
(III) the concessioner has submitted a responsive pro-
posal for a proposed new concession contract that satis-
fies the minimum requirements established by the Sec-
retary 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 (in-
cluding any extension); and 
(ii) the concessioner has submitted a responsive proposal 
for a proposed new concession contract that satisfies the min-
imum 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 serv-
ices in a System unit. 
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(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 tem-
porary concession contract or an extension of an existing conces-
sions 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 Sec-
retary may award a concession contract in extraordinary cir-
cumstances 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 subpara-
graph shall not be made by the Secretary until at least 30 days 
after— 
(i) publication in the Federal Register of notice of the Sec-
retary’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 Nat-
ural Resources of the House of Representatives. 
§ 101914. Term of concession contracts 
A concession contract entered into pursuant to this subchapter shall gen-
erally 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, 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 lo-
cated on land of the United States within a System unit. 
(2) CONSUMER PRICE INDEX.—The term ‘‘Consumer Price Index’’ 
means— 
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(A) the ‘‘Consumer Price Index—All Urban Consumers’’ pub-
lished 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 IMPROVEMENTS.— 
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 compensa-
tion for the capital improvement to the extent of the value of the con-
cessioner’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 acqui-
sition of a concession contract when approved by the Secretary pursu-
ant 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 inter-
est in a capital improvement shall be an amount equal to the initial 
value (construction cost of the capital improvement), increased (or de-
creased) by the same percentage increase (or decrease) as the percent-
age increase (or decrease) in the Consumer Price Index, from the date 
of making the investment in the capital improvement by the conces-
sioner 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.— 
(A) HOW VALUE IS DETERMINED.—The Secretary may provide, 
in any new concession contract that the Secretary estimates will 
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have a leasehold surrender interest of more than $10,000,000, 
that the value of any leasehold surrender interest in a capital im-
provement 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 Novem-
ber 12, 1998; or 
(ii) an alternative formula that is consistent with the objec-
tives of this subchapter. 
(B) WHEN ALTERNATIVE FORMULA MAY BE USED.—The Sec-
retary 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 con-
tract (including providing notice in the Federal Register and op-
portunity for comment), that the alternative formula is, compared 
to the standard method of determining value provided for in para-
graph (5), necessary to provide a fair return to the Federal Gov-
ernment and to foster competition for the new contract by pro-
viding a reasonable opportunity to make a profit under the new 
contract. If no responsive offers are received in response to a solic-
itation that includes the alternative formula, the concession oppor-
tunity shall be resolicited with the leasehold surrender interest 
value as described in paragraph (5). 
(7) INCREASE IN VALUE OF INTEREST.—Where a concessioner, pur-
suant to the terms of a concession contract, makes a capital improve-
ment to an existing capital improvement in which the concessioner has 
a leasehold surrender interest, the cost of the additional capital im-
provement shall be added to the then-current value of the conces-
sioner’s leasehold surrender interest. 
(c) SPECIAL RULE FOR POSSESSORY INTEREST EXISTING BEFORE NO-
VEMBER 13, 1998.— 
(1) IN GENERAL.—A concessioner that has obtained a possessory in-
terest (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 
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that possessory interest is not described in the existing concession con-
tract, compensation of possessory interest shall be determined in ac-
cordance with the laws in effect on November 12, 1998. 
(2) EXISTING CONCESSIONER AWARDED A NEW CONTRACT.—A con-
cessioner awarded a new concession contract to replace an existing con-
cession 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 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 conces-
sioner awarded a concession contract and required to pay a prior con-
cessioner 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 inter-
est 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 ter-
mination 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 con-
cession contract and the initial value of the leasehold surrender interest in 
the capital improvement (instead of construction cost) shall be the amount 
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of money the new concessioner is required to pay the prior concessioner for 
its leasehold surrender interest under the terms of the prior concession con-
tract. 
(e) TITLE TO IMPROVEMENTS.—Title to any capital improvement con-
structed 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. The Secretary shall approve rates and charges that 
the Secretary determines to be reasonable and appropriate. Unless oth-
erwise provided in the concession contract, the reasonableness and ap-
propriateness of rates and charges shall be determined primarily by 
comparison with those rates and charges for facilities, goods, and serv-
ices of comparable character under similar conditions, with due consid-
eration 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 conces-
sioner rates and charges to the public, the Secretary shall implement the 
recommendations or report to Congress the reasons for not implementing 
the recommendations. 
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§ 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 nec-
essary 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 con-
tract and may be modified only to reflect extraordinary unanticipated 
changes from the conditions anticipated as of the effective date of the con-
cession 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 cir-
cumstances. 
(c) SPECIAL ACCOUNT IN TREASURY.— 
(1) DEPOSIT AND AVAILABILITY.—All franchise fees (and other mon-
etary 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 ap-
propriation, to support activities throughout the System regardless of 
the System unit 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 estab-
lished 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, with-
out further appropriation, for use at the System unit for visitor services 
and for purposes of funding high-priority and urgently necessary re-
source management programs and operations. The funds credited to a 
subaccount shall remain available until expended. 
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§ 101918. Transfer or conveyance of concession contracts or 
leasehold surrender interests 
(a) APPROVAL OF SECRETARY.—No concession contract or leasehold sur-
render 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 in-
directly, 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 pro-
vided by the concessioner; or 
(C) result in a need for increased rates and charges to the pub-
lic to maintain the quality of the facilities and services. 
(c) MODIFICATION OR RENEGOTIATION OF TERMS.—The terms and con-
ditions 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.— 
(1) ADVICE.—The Advisory Board shall advise on each of the fol-
lowing: 
(A) Policies and procedures intended to ensure that services and 
facilities provided by concessioners— 
(i) are necessary and appropriate; 
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(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 oppor-
tunity 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 rec-
ommendations 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 mean-
ing 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 Advi-
sory Board shall be comprised of not more than 7 individuals appointed 
from among citizens of the United States not in the employment of the Fed-
eral 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 indus-
try and have both broad knowledge of hotel or food service manage-
ment 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 indus-
try; 
(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 
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(7) one member shall be active in a nonprofit conservation organiza-
tion involved in parks and recreation programs. 
(d) SERVICE ON ADVISORY BOARD.—Service of an individual as a mem-
ber 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 pen-
alties in relation to the employment of individuals, the performance of serv-
ices, 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 elec-
tive 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 De-
cember 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 prac-
ticable, the Secretary shall contract with private entities to conduct or 
assist in elements of the management of the Service concession pro-
gram considered by the Secretary to be suitable for non-Federal per-
formance. Those management elements shall include each of the fol-
lowing: 
(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 Sec-
retary 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 improve-
ment and maintenance program for all concession occupied facili-
ties. 
(C) Making recommendations to the Director regarding the con-
duct 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. 
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(c) AUTHORITY OF SECRETARY NOT DIMINISHED.—Nothing in this sec-
tion 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 deal-
ing with the management of the Service concessions program under this sec-
tion. 
§ 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 Sys-
tem unit, the Secretary shall establish a comparable franchise fee structure 
for those contracts or similar contracts, except that the terms and condi-
tions of any existing concession contract shall not be subject to modification 
or open to renegotiation by the Secretary because of an award of a new con-
tract 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 de-
termine 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 con-
cession 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 ex-
amine 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 
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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 au-
thorization. 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 deter-
mines— 
(A) will have minimal impact on resources and values of a Sys-
tem unit; and 
(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 Sec-
retary shall— 
(A) require payment of a reasonable fee for issuance of a com-
mercial use authorization, the fees to remain available without fur-
ther 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 commer-
cial use authorizations than are consistent with the preservation 
and proper management of System unit resources and values; and 
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205 
(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 Re-
lated 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 
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206 
(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 and following)’’ and sub-
stituting ‘‘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 sub-
stituting ‘‘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 Fed-
eral Power Act (16 U.S.C. 796(2)); and chapters 3201 and 3203 
of title 54, United States Code’’. 
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207 
(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’’. 
(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,’’. 
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208 
(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 Con-
servation 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 Conserva-
tion 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 Estab-
lishment 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 Enhance-
ment 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’’. 
(37) Section 813 of the Federal Lands Recreation Enhancement Act 
(16 U.S.C. 6812) is amended— 
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209 
(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 Na-
tional Historic Preservation Act (16 U.S.C. 470f)’’ and sub-
stituting ‘‘section 306108 of title 54’’; and 
(B) in subparagraph (C), by striking ‘‘section 106 of the Na-
tional Historic Preservation Act (16 U.S.C. 470f)’’ and sub-
stituting ‘‘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— 
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(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 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 sub-
stituting ‘‘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, 
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211 
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 Conserva-
tion Fund Act of 1965’’ and substituting ‘‘chapter 2003 of title 54, 
United States Code’’. 
(2) Section 208(2) of the Demonstration Cities and Metropolitan De-
velopment Act of 1966 (42 U.S.C. 3338(2)) is amended 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 Develop-
ment Act (42 U.S.C. 3534(c)) is amended by striking ‘‘the Land and 
Water Conservation Fund Act of 1965 (78 Stat. 897)’’ and sub-
stituting ‘‘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 sec-
tion 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 re-
ferred 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 
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212 
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 Re-
search, 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 Na-
tional Historic Preservation Act (16 U.S.C. 470h)’’ and sub-
stituting ‘‘chapter 3031 of title 54, United States Code’’. 
(l) TITLE 43, UNITED STATES CODE.— 
(1) The second paragraph under the heading ‘‘ADMINISTRATIVE PRO-
VISIONS’’ 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 ‘‘chap-
ters 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 amend-
ed— 
(A) in subsection (a)(2)(B)— 
(i) by striking ‘‘section 6 of the Land And Water Conserva-
tion 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’’. 
(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 ‘‘chap-
ter 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 sub-
stituting ‘‘chapter 2005 of title 54, United States Code’’. 
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213 
(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 Na-
tional Historic Preservation Act (16 U.S.C. 470 et seq.)’’ and sub-
stituting ‘‘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 Con-
servation 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 His-
toric 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 Preser-
vation Act (16 U.S.C. 470 et seq.)’’ and substituting ‘‘division A of 
subtitle III of title 54, United States Code’’. 
(n) TITLE 46, UNITED STATES CODE.—Section 13102(b)(2) of title 46, 
United States Code, is amended by striking ‘‘the Land and Water Conserva-
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Schedule of Laws Repealed—Continued 
Act 
Section 
United States Code Former 
Classification 
Omnibus Parks and Public Lands Man-
agement 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 Au-
thorization Act for Fiscal Year 1999 
(Pub. L. 105–261) ..............................
div. A, title X, § 1068 ..............
16 U.S.C. 5409.
National Parks Omnibus Management 
Act of 1998 (Pub. L. 105–391) ..........
2 ...............................................
16 U.S.C. 5901.
101 ...........................................
16 U.S.C. 5911.
102 ...........................................
16 U.S.C. 5912.
103 ...........................................
16 U.S.C. 5913.
104 ...........................................
16 U.S.C. 5914.
201 ...........................................
16 U.S.C. 5931.
202 ...........................................
16 U.S.C. 5932.
203 ...........................................
16 U.S.C. 5933.
204 ...........................................
16 U.S.C. 5934.
205 ...........................................
16 U.S.C. 5935.
206 ...........................................
16 U.S.C. 5936.
207 ...........................................
16 U.S.C. 5937.
402 ...........................................
16 U.S.C. 5951.
403 ...........................................
16 U.S.C. 5952.
404 ...........................................
16 U.S.C. 5953.
405 ...........................................
16 U.S.C. 5954.
406 ...........................................
16 U.S.C. 5955.
407 ...........................................
16 U.S.C. 5956.
408 ...........................................
16 U.S.C. 5957.
409 ...........................................
16 U.S.C. 5958.
410 ...........................................
16 U.S.C. 5959.
411 ...........................................
16 U.S.C. 5960.
412 ...........................................
16 U.S.C. 5961.
413 ...........................................
16 U.S C. 5962.
414 ...........................................
16 U.S.C. 5963.
416 ...........................................
16 U.S.C. 5964.
417 ...........................................
16 U.S.C. 5965.
418 ...........................................
16 U.S.C. 5966.
501 ...........................................
16 U.S.C. 5981.
801 ...........................................
16 U.S.C. 6011.
Public Law 106–206 ...............................
1 (relating to National Park 
System).
16 U.S.C. 460l–6d (relating to 
National Park System).
Department of the Interior and Related 
Agencies Appropriations Act, 2002 
(Pub. L. 107–63) ................................
title I (paragraph under 
heading ‘‘CONTRIBUTION FOR 
ANNUITY BENEFITS’’ under 
heading ‘‘NATIONAL PARK 
SERVICE’’).
16 U.S.C. 14e.
Consolidated Appropriations Resolution, 
2003 (Pub. L. 108–7) .........................
div. F, title I (words before 
proviso in last undesignated 
paragraph under heading 
‘‘ADMINISTRATIVE 
PROVISIONS’’ under heading 
‘‘NATIONAL PARK SERVICE’’).
16 U.S.C. 1h.
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.
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