be leased or granted to anyone on such terms as to interfere with free 
access by the public to any System unit. 
(2) EXCEPTION FOR GRAZING LIVESTOCK.—The Secretary, under such 
regulations and on such terms as the Secretary may prescribe, may 
grant the privilege to graze livestock within a System unit when, in the 
Secretary’s judgment, the use is not detrimental to the primary purpose 
for which the System unit was created. This paragraph does not apply 
to Yellowstone National Park. 
(b) ADVERTISING AND COMPETITIVE BIDS NOT REQUIRED.—The Secretary 
may grant privileges and enter into leases described in subsection (a), and 
enter into related contracts with responsible persons, firms, or corporations, 
without advertising and without securing competitive bids. 
(c) ASSIGNMENT OR TRANSFER.— No contract, lease, or privilege described 
in subsection (a) or (b) that is entered into or granted shall be assigned or 
transferred by the grantee, lessee, or licensee without the prior written ap-
proval of the Secretary. 
§ 102102. Authority of Secretary to enter into lease for build-
ings and associated property 
(a) IN GENERAL.—To facilitate the administration of the System, the Sec-
retary, under such terms and conditions as the Secretary may consider advis-
able, and except as provided in subsection (b) and subject to subsection (c), 
may enter into a lease with any person or government entity for the use of 
buildings and associated property administered by the Secretary as part of 
the System. 
(b) PROHIBITED ACTIVITIES.—The Secretary may not use a lease under 
subsection (a) to authorize the lessee to engage in activities that are subject 
to authorization by the Secretary through a concession contract, commercial 
use authorization, or similar instrument. 
(c) USE.—Buildings and associated property leased under subsection (a)— 
(1) shall be used for an activity that is consistent with the purposes 
established by law for the System unit in which the building is located; 
(2) shall not result in degradation of the purposes and values of the 
System unit; and 
(3) shall be compatible with Service programs. 
(d) RENTAL AMOUNTS.— 
(1) IN GENERAL.—With respect to a lease under subsection (a)— 
(A) payment of fair market value rental shall be required; and 
(B) section 1302 of title 40 shall not apply. 
(2) ADJUSTMENT.—The Secretary may adjust the rental amount as 
appropriate to take into account any amounts to be expended by the les-
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see for preservation, maintenance, restoration, improvement, or repair 
and related expenses. 
(e) SPECIAL ACCOUNT.— 
(1) DEPOSITS.—Rental payments under a lease under subsection (a) 
shall be deposited in a special account in the Treasury. 
(2) AVAILABILITY.—Amounts in the special account shall be available 
until expended, without further appropriation, for infrastructure needs 
at System units, including— 
(A) facility refurbishment; 
(B) repair and replacement; 
(C) infrastructure projects associated with System unit resource 
protection; and 
(D) direct maintenance of the leased buildings and associated 
property. 
(3) ACCOUNTABILITY AND RESULTS.—The Secretary shall develop pro-
cedures for the use of the special account that ensure accountability and 
demonstrated results consistent with this section and sections 100101(b), 
100502, 100507, 100751(b), 100754, 100901(b) and (c), 100906(a) and 
(d), 101302(b)(1) and (c) to (e), 101306, 101702(b) and (c), 101901, 
102701, and 102702 of this title. 
(f) REGULATIONS.—The Secretary shall prescribe regulations implementing 
this section that include provisions to encourage and facilitate competition in 
the leasing process and provide for timely and adequate public comment. 
Chapter 1023—Programs and 
Organizations 
Sec. 
102301.
Volunteers in parks program. 
102302.
National Capital region arts and cultural affairs. 
102303.
National Park System Advisory Board. 
102304.
National Park Service Advisory Council. 
§ 102301. Volunteers in parks program 
(a) ESTABLISHMENT.—The Secretary may recruit, train, and accept, with-
out regard to chapter 51 and subchapter III of chapter 53 of title 5 or regula-
tions prescribed under that chapter or subchapter, the services of individuals 
without compensation as volunteers for or in aid of interpretive functions or 
other visitor services or activities in and related to System units and related 
areas. In accepting those services, the Secretary shall not permit the use of 
volunteers in hazardous duty or law enforcement work or in policymaking 
processes, or to displace any employee. The services of individuals whom the 
Secretary determines are skilled in performing hazardous activities may be 
accepted. 
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(b) INCIDENTAL EXPENSES.—The Secretary may provide for incidental ex-
penses of volunteers, such as transportation, uniforms, lodging, and subsist-
ence. 
(c) FEDERAL EMPLOYEE STATUS FOR VOLUNTEERS.— 
(1) EMPLOYMENT STATUS OF VOLUNTEERS.—Except as otherwise pro-
vided in this section, a volunteer shall not be deemed a Federal employee 
and shall not be subject to the provisions of law relating to Federal em-
ployment, including those relating to hours of work, rates of compensa-
tion, leave, unemployment compensation, and Federal employee benefits. 
(2) TORT CLAIMS.—For the purpose of sections 1346(b) and 2401(b) 
and chapter 171 of title 28, a volunteer under this chapter shall be 
deemed a Federal employee. 
(3) VOLUNTEERS DEEMED CIVIL EMPLOYEES.—For the purposes of 
subchapter I of chapter 81 of title 5, volunteers under this chapter shall 
be deemed civil employees of the United States within the meaning of 
the term ‘‘employee’’ as defined in section 8101 of title 5, and subchapter 
I of chapter 81 of title 5 shall apply. 
(4) COMPENSATION FOR LOSSES AND DAMAGES.—For the purpose of 
claims relating to damage to, or loss of, personal property of a volunteer 
incident to volunteer service, a volunteer under this chapter shall be 
deemed a Federal employee, and section 3721 of title 31 shall apply. 
(d) AUTHORIZATION OF APPROPRIATIONS.—There is authorized to be ap-
propriated to carry out this section not more than $3,500,000 for each fiscal 
year. 
§ 102302. National Capital region arts and cultural affairs 
(a) ESTABLISHMENT.—There is under the direction of the Service a pro-
gram to support and enhance artistic and cultural activities in the National 
Capital region. 
(b) GRANT ELIGIBILITY.— 
(1) ELIGIBLE ORGANIZATIONS.—Eligibility for grants shall be limited 
to organizations— 
(A) that are of demonstrated national significance; and 
(B) that meet at least 2 of the criteria stated in paragraph (2). 
(2) CRITERIA.—The criteria referred to in paragraph (1) are the fol-
lowing: 
(A) The organization has an annual operating budget in excess 
of $1,000,000. 
(B) The organization has an annual audience or visitation of at 
least 200,000 people. 
(C) The organization has a paid staff of at least 100 individuals. 
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(D) The organization is eligible under section 320102(f) of this 
title. 
(3) ORGANIZATIONS NOT ELIGIBLE.—Public or private colleges and 
universities are not eligible for grants under the program under this sec-
tion. 
(c) USE OF GRANTS.—Grants awarded under this section may be used to 
support general operations and maintenance, security, or special projects. No 
organization may receive a grant in excess of $500,000 in a single year. 
(d) RESPONSBILITIES OF DIRECTOR.—The Director shall— 
(1) establish an application process; 
(2) appoint a review panel of 5 qualified individuals, at least a ma-
jority of whom reside in the National Capital region; and 
(3) develop other program guidelines and definitions as required. 
(e) FORD’S THEATER AND WOLF TRAP NATIONAL PARK FOR THE PER-
FORMING ARTS.—The contractual amounts required for the support of Ford’s 
Theater and Wolf Trap National Park for the Performing Arts shall be avail-
able within the amount provided in this section without regard to any other 
provision of this section. 
§ 102303. National Park System Advisory Board 
(a) DEFINITION.—In this section, the term ‘‘Board’’ means the National 
Park System Advisory Board established under subsection (b). 
(b) ESTABLISHMENT AND PURPOSE.—There is established a National Park 
System Advisory Board, whose purpose is to advise the Director on matters 
relating to the Service, the System, and programs administered by the Serv-
ice. The Board shall advise the Director on matters submitted to the Board 
by the Director as well as any other issues identified by the Board. 
(c) MEMBERSHIP.— 
(1) APPOINTMENT AND TERM OF OFFICE.—Members of the Board shall 
be appointed on a staggered term basis by the Secretary for a term not 
to exceed 4 years and shall serve at the pleasure of the Secretary. 
(2) COMPOSITION.—The Board shall be composed of no more than 12 
persons, appointed from among citizens of the United States having a 
demonstrated commitment to the mission of the Service. Board members 
shall be selected to represent various geographic regions, including each 
of the administrative regions of the Service. At least 6 of the members 
shall have outstanding expertise in one or more of the following fields: 
history, archeology, anthropology, historical or landscape architecture, 
biology, ecology, geology, marine science, or social science. At least 4 of 
the members shall have outstanding expertise and prior experience in the 
management of national or State parks or protected areas, or natural 
or cultural resources management. The remaining members shall have 
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