H. R. 1068 
One Hundred Thirteenth Congress 
of the 
United States of America 
AT THE SECOND SESSION 
Begun and held at the City of Washington on Friday, 
the third day of January, two thousand and fourteen 
An Act 
To enact title 54, United States Code, ‘‘National Park Service and Related Programs’’, 
as positive law. 
Be it enacted by the Senate and House of Representatives of 
the United States of America in Congress assembled, 
SECTION 1. TABLE OF CONTENTS. 
The table of contents for this Act is as follows: 
Sec. 1.
Table of contents. 
Sec. 2.
Purpose; conformity with original intent. 
Sec. 3.
Enactment of title 54, United States Code. 
Sec. 4.
Conforming amendments. 
Sec. 5.
Conforming cross-references. 
Sec. 6.
Transitional and savings provisions. 
Sec. 7.
Repeals. 
SEC. 2. PURPOSE; CONFORMITY WITH ORIGINAL INTENT. 
(a) PURPOSE.—The purpose of this Act is to codify certain existing 
laws relating to the National Park System as title 54, United 
States Code, ‘‘National Park Service and Related Programs’’. 
(b) CONFORMITY WITH ORIGINAL INTENT.—In the codification of 
laws by this Act, the intent is to conform to the understood policy, 
intent, and purpose of Congress in the original enactments, with 
such amendments and corrections as will remove ambiguities, con-
tradictions, and other imperfections, in accordance with section 
205(c)(1) of House Resolution No. 988, 93d Congress, as enacted 
into law by Public Law 93–554 (2 U.S.C. 285b(1)). 
SEC. 3. ENACTMENT OF TITLE 54, UNITED STATES CODE. 
Title 54, United States Code, ‘‘National Park Service and Related 
Programs’’, is enacted as follows: 
TITLE 54—NATIONAL PARK SERVICE 
AND RELATED PROGRAMS 
Subtitle I—National Park System 
Division A—Establishment and General Administration 
Chap. 
Sec. 
1001. General Provisions ......................................................................................100101 
1003. Establishment, Directors, and Other Employees .....................................100301 
1005. Areas of National Park System .................................................................100501 
1007. Resource Management ...............................................................................100701 
1009. Administration ............................................................................................100901 
1011. Donations ....................................................................................................101101 
1013. Employees ...................................................................................................101301
H. R. 1068—2 
1015. Transportation ............................................................................................101501 
1017. Financial Agreements ................................................................................101701 
1019. Concessions and Commercial Use Authorizations ...................................101901 
1021. Privileges and Leases .................................................................................102101 
1023. Programs and Organizations .....................................................................102301 
1025. Museums .....................................................................................................102501 
1027. Law Enforcement and Emergency Assistance .........................................102701 
1029. Land Transfers ...........................................................................................102901 
1031. Appropriations and Accounting .................................................................103101 
1033. National Military Parks .............................................................................103301 
1035 through 1047 ...............................................................................................
Reserved 
1049. Miscellaneous ..............................................................................................104901 
Division B—System Units and Related Areas—Reserved 
Subtitle II—Outdoor Recreation Programs 
2001. Coordination of Programs ..........................................................................200101 
2003. Land and Water Conservation Fund ........................................................200301 
2005. Urban Park and Recreation Recovery Program .......................................200501 
Subtitle III—National Preservation Programs 
Division A—Historic Preservation 
Subdivision 1—General Provisions 
3001. Policy ...........................................................................................................300101 
3003. Definitions ...................................................................................................300301 
Subdivision 2—Historic Preservation Program 
3021. National Register of Historic Places .........................................................302101 
3023. State Historic Preservation Programs ......................................................302301 
3025. Certification of Local Governments ...........................................................302501 
3027. Historic Preservation Programs and Authorities for Indian Tribes and 
Native Hawaiian Organizations.
302701 
3029. Grants ..........................................................................................................302901 
3031. Historic Preservation Fund ........................................................................303101 
3033 Through 3037 ..............................................................................................
Reserved 
3039. Miscellaneous ..............................................................................................303901 
Subdivision 3—Advisory Council on Historic Preservation 
3041. Advisory Council on Historic Preservation ...............................................304101 
Subdivision 4—Other Organizations and Programs 
3051. Historic Light Station Preservation ..........................................................305101 
3053. National Center for Preservation Technology and Training ...................305301 
3055. National Building Museum ........................................................................305501 
Subdivision 5—Federal Agency Historic Preservation 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 
––––––––––––––––––––––––––––––––––––––––––––––––––––
H. R. 1068—3 
Subtitle I—National Park System 
Division A—Establishment and General 
Administration 
Chapter 1001—General Provisions 
Sec. 
100101.
Promotion and regulation. 
100102.
Definitions. 
§ 100101. Promotion and regulation 
(a) IN GENERAL.—The Secretary, acting through the Director 
of the National Park Service, shall promote and regulate the use 
of the National Park System by means and measures that conform 
to the fundamental purpose of the System units, which purpose 
is to conserve the scenery, natural and historic objects, and wild 
life in the System units and to provide for the enjoyment of the 
scenery, natural and historic objects, and wild life in such manner 
and by such means as will leave them unimpaired for the enjoyment 
of future generations. 
(b) DECLARATIONS.— 
(1) 1970 DECLARATIONS.—Congress declares that— 
(A) the National Park System, which began with 
establishment of Yellowstone National Park in 1872, has 
since grown to include superlative natural, historic, and 
recreation areas in every major region of the United States 
and its territories and possessions; 
(B) these areas, though distinct in character, are united 
through their interrelated purposes and resources into one 
National Park System as cumulative expressions of a single 
national heritage; 
(C) individually and collectively, these areas derive 
increased national dignity and recognition of their superb 
environmental quality through their inclusion jointly with 
each other in one System preserved and managed for the 
benefit and inspiration of all the people of the United 
States; and 
(D) it is the purpose of this division to include all these 
areas in the System and to clarify the authorities applicable 
to the System. 
(2) 1978 REAFFIRMATION.—Congress reaffirms, declares, and 
directs that the promotion and regulation of the various System 
units shall be consistent with and founded in the purpose 
established by subsection (a), to the common benefit of all 
the people of the United States. The authorization of activities 
shall be construed and the protection, management, and 
administration of the System units shall be conducted in light 
of the high public value and integrity of the System and shall 
not be exercised in derogation of the values and purposes 
for which the System units have been established, except as 
directly and specifically provided by Congress. 
§ 100102. Definitions 
In this title:
H. R. 1068—4 
(1) DIRECTOR.—The term ‘‘Director’’ means the Director of 
the National Park Service. 
(2) NATIONAL
PARK
SYSTEM.—The term ‘‘National Park 
System’’ means the areas of land and water described in section 
100501 of this title. 
(3) SECRETARY.—The term ‘‘Secretary’’ means the Secretary 
of the Interior. 
(4) SERVICE.—The term ‘‘Service’’ means the National Park 
Service. 
(5) SYSTEM.—The term ‘‘System’’ means the National Park 
System. 
(6) SYSTEM UNIT.—The term ‘‘System unit’’ means one of 
the areas described in section 100501 of this title. 
Chapter 1003—Establishment, Directors, 
and Other Employees 
Sec. 
100301.
Establishment. 
100302.
Directors and other employees. 
100303.
Effect on other laws. 
§ 100301. Establishment 
There is in the Department of the Interior a service called the 
National Park Service. 
§ 100302. Directors and other employees 
(a) DIRECTOR.— 
(1) APPOINTMENT.—The Service shall be under the charge 
of a director who shall be appointed by the President, by 
and with the advice and consent of the Senate. 
(2) QUALIFICATIONS.—The Director shall have substantial 
experience and demonstrated competence in land management 
and natural or cultural resource conservation. 
(3) AUTHORITY.—Under the direction of the Secretary, the 
Director shall have the supervision, management, and control 
of System units. In the supervision, management, and control 
of System units contiguous to national forests the Secretary 
of Agriculture may cooperate with the Service to such extent 
as may be requested by the Secretary. 
(b) DEPUTY DIRECTORS.—The Director shall select 2 Deputy Direc-
tors. One Deputy Director shall have responsibility for Service 
operations, and the other Deputy Director shall have responsibility 
for other programs assigned to the Service. 
(c) OTHER EMPLOYEES.—The Service shall have such subordinate 
officers and employees as may be appropriated for by Congress. 
§ 100303. Effect on other laws 
This chapter and sections 100101(a), 100751(a), 100752, 100753, 
and 102101 of this title do not affect or modify section 100902(a) 
of this title.
H. R. 1068—5 
Chapter 1005—Areas of National Park 
System 
Sec. 
100501.
Areas included in System. 
100502.
General management plans. 
100503.
Five-year strategic plans. 
100504.
Study and planning of park, parkway, and recreational-area facilities. 
100505.
Periodic review of System. 
100506.
Boundary changes to System units. 
100507.
Additional areas for System. 
§ 100501. Areas included in System 
The System shall include any area of land and water administered 
by the Secretary, acting through the Director, for park, monument, 
historic, parkway, recreational, or other purposes. 
§ 100502. General management plans 
General management plans for the preservation and use of each 
System unit, including areas within the national capital area, shall 
be prepared and revised in a timely manner by the Director. On 
January 1 of each year, the Secretary shall submit to Congress 
a list indicating the current status of completion or revision of 
general management plans for each System unit. General manage-
ment plans for each System unit shall include— 
(1) measures for the preservation of the area’s resources; 
(2) indications of types and general intensities of development 
(including visitor circulation and transportation patterns, sys-
tems, and modes) associated with public enjoyment and use 
of the area, including general locations, timing of implementa-
tion, and anticipated costs; 
(3) identification of and implementation commitments for 
visitor carrying capacities for all areas of the System unit; 
and 
(4) indications of potential modifications to the external 
boundaries of the System unit, and the reasons for the modifica-
tions. 
§ 100503. Five-year strategic plans 
(a) STRATEGIC AND PERFORMANCE PLANS.—Each System unit shall 
prepare and make available to the public a 5-year strategic plan 
and an annual performance plan. The plans shall reflect the Service 
policies, goals, and outcomes represented in the Service-wide stra-
tegic plan prepared pursuant to section 306 of title 5. 
(b) ANNUAL BUDGET.— 
(1) IN GENERAL.—As a part of the annual performance plan 
for a System unit prepared pursuant to subsection (a), following 
receipt of the appropriation for the unit from the Operations 
of the National Park System account (but not later than 
January 1 of each year), the superintendent of the System 
unit shall develop and make available to the public the budget 
for the current fiscal year for that System unit. 
(2) CONTENTS.—The budget shall include— 
(A) 
funding 
allocations 
for 
resource 
preservation 
(including 
resource 
management), 
visitor 
services 
(including maintenance, interpretation, law enforcement, 
and search and rescue), and administration; and
H. R. 1068—6 
(B) allocations into each of the categories in subpara-
graph (A) of all funds retained from fees collected for that 
year, including special use permits, concession franchise 
fees, and recreation use and entrance fees. 
§ 100504. Study and planning of park, parkway, and 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 Islands. 
(2) STUDY.—The Secretary shall cause the Service to make 
a comprehensive study, other than on land under the jurisdic-
tion of the Secretary of Agriculture, of the public park, parkway, 
and recreational area programs of the United States, States, 
and political subdivisions of States and of areas of land through-
out the United States that are or may be chiefly valuable 
as public park, parkway, or recreational areas. A study shall 
not be made in any State without the consent and approval 
of the State officials, boards, or departments having jurisdiction 
over the land. The study shall be such as, in the judgment 
of the Secretary, will provide data helpful in developing a 
plan for coordinated and adequate public park, parkway, and 
recreational-area facilities for the people of the United States. 
(3) COOPERATION AND AGREEMENTS WITH OTHER ENTITIES.— 
In making the study and to accomplish the purposes of this 
section, the Secretary, acting through the Director— 
(A) shall seek and accept the cooperation and assistance 
of Federal departments or agencies having jurisdiction of 
land belonging to the United States; and 
(B) may cooperate and make agreements with and seek 
and accept the assistance of— 
(i) other Federal agencies and instrumentalities; and 
(ii) States, political subdivisions of States, and agen-
cies and instrumentalities of either of them. 
(4) STATE PLANNING.—For the purpose of developing coordi-
nated and adequate public park, parkway, and recreational- 
area facilities for the people of the United States, the Secretary 
may aid States and political subdivisions of States in planning 
public park, parkway, and recreational areas and in cooperating 
with one another to accomplish these ends. Aid shall be made 
available through the Service acting in cooperation with such 
State agencies or agencies of political subdivisions of States 
as the Secretary considers best. 
(b) CONSENT OF CONGRESS TO AGREEMENTS BETWEEN STATES.— 
The consent of Congress is given to any 2 or more States to 
negotiate and enter into compacts or agreements with one another 
with reference to planning, establishing, developing, improving, and 
maintaining any park, parkway, or recreational area. No compact 
or agreement shall be effective until approved by the legislatures 
of the States that are parties to the compact or agreement and 
by Congress. 
§ 100505. Periodic review of System 
(a) AUTHORITY OF SECRETARY TO CONDUCT REVIEW.—The Sec-
retary shall conduct a systematic and comprehensive review of 
certain aspects of the System and on a periodic basis (but not
H. R. 1068—7 
less often than every 3 years) submit to the Committee on Natural 
Resources and the Committee on Appropriations of the House of 
Representatives and the Committee on Energy and Natural 
Resources and the Committee on Appropriations of the Senate 
a report on the findings of the review, together with recommenda-
tions as the Secretary determines to be necessary. 
(b) CONSULTATION.—In conducting and preparing the report, the 
Secretary shall consult with appropriate officials of affected Federal, 
State, and local agencies and national, regional, and local organiza-
tions. The consultation shall include holding public hearings that 
the Secretary determines to be appropriate to provide a full oppor-
tunity for public comment. 
(c) CONTENTS OF REPORT.—The report shall contain the following: 
(1) A comprehensive listing of all authorized but unacquired 
parcels of land within the exterior boundaries of each System 
unit as of November 28, 1990. 
(2) A priority listing of all those unacquired parcels by System 
unit and for the System as a whole. The list shall describe 
the acreage and ownership of each parcel, the estimated cost 
of acquisition for each parcel (subject to any statutory acquisi-
tion 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, interpreta-
tion, construction, operation and maintenance, personnel, and 
housing, together with an estimate of the costs. 
§ 100506. Boundary changes to System units 
(a) CRITERIA
FOR EVALUATION.—The Secretary shall maintain 
criteria to evaluate any proposed changes to the boundaries of 
System units, including— 
(1) analysis of whether or not an existing boundary provides 
for the adequate protection and preservation of the natural, 
historic, cultural, scenic and recreational resources integral 
to the System unit; 
(2) an evaluation of each parcel proposed for addition or 
deletion to a System unit based on the analysis under para-
graph (1); and 
(3) an assessment of the impact of potential boundary adjust-
ments 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 govern-
ments, surrounding communities, affected landowners, and pri-
vate national, regional, and local organizations; 
(2) apply the criteria developed pursuant to subsection (a) 
and accompany the proposal with a statement reflecting the 
results of the application of the criteria; and 
(3) include with the proposal an estimate of the cost for 
acquiring any parcels proposed for acquisition, the basis for 
the estimate, and a statement on the relative priority for the 
acquisition of each parcel within the priorities for acquisition 
of other parcels for the System unit and for the System. 
(c) MINOR BOUNDARY CHANGES.— 
(1) IN
GENERAL.—When the Secretary determines that to 
do so will contribute to, and is necessary for, the proper
H. R. 1068—8 
preservation, protection, interpretation, or management of a 
System unit, the Secretary may, following timely notice in 
writing to the Committee on Natural Resources of the House 
of Representatives and the Committee on Energy and Natural 
Resources of the Senate of the Secretary’s intention to do so, 
and by publication of a revised boundary map or other descrip-
tion in the Federal Register— 
(A) make minor changes to the boundary of the System 
unit, and amounts appropriated from the Fund shall be 
available for acquisition of any land, water, and interests 
in land or water added to the System unit by the boundary 
change subject to such statutory limitations, if any, on 
methods of acquisition and appropriations thereof as may 
be specifically applicable to the System unit; and 
(B) acquire by donation, purchase with donated funds, 
transfer from any other Federal agency, or exchange, land, 
water, or interests in land or water adjacent to the System 
unit, except that in exercising the Secretary’s authority 
under this subparagraph the Secretary— 
(i) shall not alienate property administered as part 
of the System to acquire land by exchange; 
(ii) shall not acquire property without the consent 
of the owner; and 
(iii) may acquire property owned by a State or polit-
ical 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 jurisdic-
tions having primary taxing authority over the land or interest 
to be acquired as to the impacts of the proposed action. 
(3) ACTION TO ADVANCE LOCAL PUBLIC AWARENESS.—The Sec-
retary shall take such steps as the Secretary considers appro-
priate to advance local public awareness of the proposed action. 
(4) ADMINISTRATION
OF
ACQUISITIONS.—Land, water, and 
interests in land or water acquired in accordance with this 
subsection shall be administered as part of the System unit 
to which they are added, subject to the laws and regulations 
applicable to the System unit. 
(5) WHEN AUTHORITY APPLIES.—For the purposes of para-
graph (1)(A), in all cases except the case of technical boundary 
changes (resulting from such causes as survey error or changed 
road alignments), the authority of the Secretary under para-
graph (1)(A) shall apply only if each of the following conditions 
is met: 
(A) The sum of the total acreage of the land, water, 
and interests in land or water to be added to the System 
unit and the total acreage of the land, water, and interests 
in land or water to be deleted from the System unit is 
not more than 5 percent of the total Federal acreage author-
ized to be included in the System unit and is less than 
200 acres. 
(B) The acquisition, if any, is not a major Federal action 
significantly affecting the quality of the human environ-
ment, as determined by the Secretary. 
(C) The sum of the total appraised value of the land, 
water, and interests in land or water to be added to the 
System unit and the total appraised value of the land,
H. R. 1068—9 
water, and interests in land or water to be deleted from 
the System unit does not exceed $750,000. 
(D) The proposed boundary change is not an element 
of a more comprehensive boundary change proposal. 
(E) The proposed boundary has been subject to a public 
review and comment period. 
(F) The Director obtains written consent for the boundary 
change from all property owners whose land, water, or 
interests in land or water, or a portion of whose land, 
water, or interests in land or water, will be added to 
or deleted from the System unit by the boundary change. 
(G) The land abuts other Federal land administered by 
the Director. 
(6) ACT OF CONGRESS REQUIRED.—Minor boundary changes 
involving only deletions of acreage owned by the Federal 
Government and administered by the Service may be made 
only by Act of Congress. 
§ 100507. Additional areas for System 
(a) MONITORING AREAS FOR INCLUSION IN SYSTEM.—The Secretary 
shall investigate, study, and continually monitor the welfare of 
areas whose resources exhibit qualities of national significance and 
that may have potential for inclusion in the System. 
(b) SUBMISSION OF LIST OF AREAS RECOMMENDED FOR STUDY 
FOR POTENTIAL INCLUSION.— 
(1) WHEN LIST IS TO BE SUBMITTED.—At the beginning of 
each calendar year, with the annual budget submission, the 
Secretary shall submit to the Committee on Natural Resources 
of the House of Representatives and the Committee on Energy 
and Natural Resources of the Senate a list of areas rec-
ommended for study for potential inclusion in the System. 
(2) FACTORS TO BE CONSIDERED.—In developing the list to 
be submitted under this subsection, the Secretary shall con-
sider— 
(A) the areas that have the greatest potential to meet 
the established criteria of national significance, suitability, 
and feasibility; 
(B) themes, sites, and resources not already adequately 
represented in the System; and 
(C) public petitions and Congressional resolutions. 
(3) ACCOMPANYING
SYNOPSIS.—Accompanying the annual 
listing of areas shall be a synopsis, for each report previously 
submitted, of the current and changed condition of the resource 
integrity of the area and other relevant factors, compiled as 
a result of continual periodic monitoring and embracing the 
period since the previous submission or initial report submis-
sion 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
LIM-
ITED.—This section and sections 100901(b), 101702(b) and (c), 
and 102102 of this title do not limit the authority of the 
Service to conduct preliminary resource assessments, gather 
data on potential study areas, provide technical and planning 
assistance, prepare or process nominations for administrative
H. R. 1068—10 
designations, update previous studies, or complete reconnais-
sance surveys of individual areas requiring a total expenditure 
of less than $25,000. 
(6) STUDY OF RIVERS OR TRAILS NOT AFFECTED.—This section 
does not apply to or affect or alter the study of— 
(A) any river segment for potential addition to the 
national wild and scenic rivers system; or 
(B) any trail for potential addition to the national trails 
system. 
(c) STUDY OF AREAS FOR POTENTIAL INCLUSION.— 
(1) STUDY TO BE COMPLETED WITHIN 3 YEARS.—The Secretary 
shall complete the study for each area for potential inclusion 
in the System within 3 complete fiscal years following the 
date on which funds are first made available for that purpose. 
(2) OPPORTUNITY FOR PUBLIC INVOLVEMENT REQUIRED.—Each 
study under this section shall be prepared with appropriate 
opportunity for public involvement, including at least one public 
meeting in the vicinity of the area under study, and after 
reasonable efforts to notify potentially affected landowners and 
State and local governments. 
(3) CONSIDERATIONS.—In conducting the study, the Secretary 
shall consider whether the area under study— 
(A) possesses nationally significant natural or cultural 
resources and represents one of the most important exam-
ples of a particular resource type in the country; and 
(B) is a suitable and feasible addition to the System. 
(4) SCOPE OF STUDY.—Each study— 
(A) with regard to the area being studied, shall consider— 
(i) the rarity and integrity of the resources; 
(ii) the threats to those resources; 
(iii) whether similar resources are already protected 
in the System or in other public or private ownership; 
(iv) the public use potential; 
(v) the interpretive and educational potential; 
(vi) costs associated with acquisition, development, 
and operation; 
(vii) the socioeconomic impacts of any designation; 
(viii) the level of local and general public support; 
and 
(ix) whether the area is of appropriate configuration 
to ensure long-term resource protection and visitor use; 
(B) shall consider whether direct Service management 
or alternative protection by other public agencies or the 
private sector is appropriate for the area; 
(C) shall identify what alternative or combination of 
alternatives would in the professional judgment of the 
Director be most effective and efficient in protecting signifi-
cant resources and providing for public enjoyment; and 
(D) may include any other information that the Secretary 
considers to be relevant. 
(5) COMPLIANCE WITH NATIONAL ENVIRONMENTAL POLICY ACT 
OF 1969.—Each study shall be completed in compliance with 
the National Environmental Policy Act of 1969 (42 U.S.C. 4321 
et seq.). 
(6) RECOMMENDATION OF PREFERRED MANAGEMENT OPTION.— 
The letter transmitting each completed study to Congress shall
H. R. 1068—11 
contain a recommendation regarding the Secretary’s preferred 
management option for the area. 
(d) LIST OF AREAS PREVIOUSLY STUDIED.— 
(1) SUBMISSION OF LIST.—At the beginning of each calendar 
year, with the annual budget submission, the Secretary shall 
submit to the Committee on Natural Resources of the House 
of Representatives and the Committee on Energy and Natural 
Resources of the Senate, in numerical order of priority for 
addition to the System— 
(A) a list of areas that have been previously studied 
that contain primarily historical resources; and 
(B) a list of areas that have been previously studied 
that contain primarily natural resources. 
(2) CONSIDERATIONS.—In developing the lists, the Secretary 
should consider threats to resource values, cost escalation fac-
tors, and other factors listed in subsection (c). 
(3) AREAS ELIGIBLE FOR INCLUSION.—The Secretary should 
include on the lists only areas for which the supporting data 
are current and accurate. 
(e) LIST OF AREAS THAT EXHIBIT DANGER OR THREATS TO THE 
INTEGRITY OF THEIR RESOURCES.—At the beginning of each fiscal 
year, the Secretary shall submit to the Speaker of the House of 
Representatives and the President of the Senate a complete and 
current list of all areas listed on the Registry of Natural Landmarks, 
and areas of national significance listed on the National Register 
of Historic places, that exhibit known or anticipated damage or 
threats to the integrity of their resources, with notations as to 
the nature and severity of the damage or threats. 
(f) REPORTS
AND LISTINGS PRINTED
AS HOUSE DOCUMENTS.— 
Each report and annual listing described in this section shall be 
printed as a House document. If adequate supplies of previously 
printed identical reports remain available, newly submitted iden-
tical reports shall be omitted from printing on receipt by the 
Speaker of the House of Representatives of a joint letter from 
the chairman of the Committee on Natural Resources of the House 
of Representatives and the chairman of the Committee on Energy 
and Natural Resources of Senate indicating that to be the case. 
(g) DESIGNATION OF OFFICE.—The Secretary shall designate a 
single office to prepare all new area studies and to implement 
other functions under this section. 
(h) AUTHORIZATION OF APPROPRIATIONS.— 
(1) STUDIES
OF
POTENTIAL
NEW
SYSTEM
UNITS
AND
MONI-
TORING THE WELFARE OF SYSTEM UNIT RESOURCES.—To carry 
out studies for potential new System units and for monitoring 
the welfare of historical and natural resources referred to in 
subparagraphs (A) and (B) of subsection (d)(1), there is author-
ized 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 
landmarks, there is authorized to be appropriated not more 
than $1,500,000 for each fiscal year. 
(3) CARRYING OUT SUBSECTIONS (b), (c), and (g).—To carry 
out subsections (b), (c), and (g), there is authorized to be appro-
priated $2,000,000 for each fiscal year.
H. R. 1068—12 
Chapter 1007—Resource Management 
Subchapter I—System Resource Inventory and Management 
Sec. 
100701.
Protection, interpretation, and research in System. 
100702.
Research mandate. 
100703.
Cooperative study units. 
100704.
Inventory and monitoring program. 
100705.
Availability of System units for scientific study. 
100706.
Integration of study results into management decisions. 
100707.
Confidentiality of information. 
Subchapter II—System Unit Resource Protection 
100721.
Definitions. 
100722.
Liability. 
100723.
Actions. 
100724.
Use of recovered amounts. 
100725.
Donations. 
Subchapter III—Mining Activity Within System Units 
100731.
Findings and declaration. 
100732.
Preservation and management of System units by Secretary; promulgation 
of regulations. 
100733.
Recordation of mining claims; publication of notice. 
100734.
Report on finding or notification of potential damage to natural and histor-
ical landmarks. 
100735.
Civil actions for just compensation by mining claim holders. 
100736.
Acquisition of land by Secretary. 
100737.
Financial disclosure by officer or employee of Secretary. 
Subchapter IV—Administration 
100751.
Regulations. 
100752.
Destruction of animals and plant life. 
100753.
Disposal of timber. 
100754.
Relinquishment of legislative jurisdiction. 
100755.
Applicability of other laws. 
Subchapter I—System Resource Inventory 
and Management 
§ 100701. Protection, interpretation, and research in System 
Recognizing the ever increasing societal pressures being placed 
upon America’s unique natural and cultural resources contained 
in the System, the Secretary shall continually improve the ability 
of the Service to provide state-of-the-art management, protection, 
and interpretation of, and research on, the resources of the System. 
§ 100702. Research mandate 
The Secretary shall ensure that management of System units 
is enhanced by the availability and utilization of a broad program 
of the highest quality science and information. 
§ 100703. Cooperative study units 
The Secretary shall enter into cooperative agreements with col-
leges and universities, including land grant schools, in partnership 
with other Federal and State agencies, to establish cooperative 
study units to conduct multi-disciplinary research and develop 
integrated information products on the resources of the System, 
or the larger region of which System units are a part. 
§ 100704. Inventory and monitoring program 
The Secretary shall undertake a program of inventory and moni-
toring of System resources to establish baseline information and 
to provide information on the long-term trends in the condition
H. R. 1068—13 
of System resources. The monitoring program shall be developed 
in cooperation with other Federal monitoring and information collec-
tion efforts to ensure a cost-effective approach. 
§ 100705. Availability of System units for scientific study 
(a) IN GENERAL.—The Secretary may solicit, receive, and consider 
requests from Federal or non-Federal public or private agencies, 
organizations, individuals, or other entities for the use of any 
System unit for purposes of scientific study. 
(b) CRITERIA.—A request for use of a System unit under sub-
section (a) may be approved only if the Secretary determines that 
the proposed study— 
(1) is consistent with applicable laws and Service manage-
ment policies; and 
(2) will be conducted in a manner that poses no threat to 
the System unit resources or public enjoyment derived from 
System unit resources. 
(c) FEE WAIVER.—The Secretary may waive any System unit 
admission or recreational use fee in order to facilitate the conduct 
of scientific study under this section. 
(d) BENEFIT-SHARING ARRANGEMENTS.—The Secretary may nego-
tiate for and enter into equitable, efficient benefit-sharing arrange-
ments with the research community and private industry. 
§ 100706. Integration of study results into management 
decisions 
The Secretary shall take such measures as are necessary to 
ensure the full and proper utilization of the results of scientific 
study for System unit management decisions. In each case in which 
an action undertaken by the Service may cause a significant adverse 
effect on a System unit resource, the administrative record shall 
reflect the manner in which System unit resource studies have 
been considered. The trend in the condition of resources of the 
System shall be a significant factor in the annual performance 
evaluation of each superintendent of a System unit. 
§ 100707. Confidentiality of information 
Information concerning the nature and specific location of a 
System resource that is endangered, threatened, rare, or commer-
cially valuable, of mineral or paleontological objects within System 
units, or of objects of cultural patrimony within System units, 
may be withheld from the public in response to a request under 
section 552 of title 5 unless the Secretary determines that— 
(1) disclosure of the information would further the purposes 
of the System unit in which the resource or object is located 
and would not create an unreasonable risk of harm, theft, 
or destruction of the resource or object, including individual 
organic or inorganic specimens; and 
(2) disclosure is consistent with other laws protecting the 
resource or object. 
Subchapter II—System Unit Resource 
Protection 
§ 100721. Definitions 
In this subchapter:
H. R. 1068—14 
(1) DAMAGES.—The term ‘‘damages’’ includes— 
(A) compensation for— 
(i)(I) the cost of replacing, restoring, or acquiring 
the equivalent of a System unit resource; and 
(II) the value of any significant loss of use of a 
System unit resource pending its restoration or replace-
ment or the acquisition of an equivalent resource; or 
(ii) the value of the System unit resource if the 
System unit resource cannot be replaced or restored; 
and 
(B) the cost of a damage assessment under section 
100723(b) of this title. 
(2) RESPONSE COSTS.—The term ‘‘response costs’’ means the 
costs of actions taken by the Secretary to— 
(A) prevent or minimize destruction or loss of or injury 
to a System unit resource; 
(B) abate or minimize the imminent risk of the destruc-
tion, loss, or injury; or 
(C) monitor ongoing effects of incidents causing the 
destruction, loss, or injury. 
(3) SYSTEM UNIT RESOURCE.— 
(A) IN
GENERAL.—The term ‘‘System unit resource’’ 
means any living or non-living resource that is located 
within the boundaries of a System unit. 
(B) EXCLUSION.—The term ‘‘System unit resource’’ does 
not include a resource owned by a non-Federal entity. 
§ 100722. Liability 
(a) IN GENERAL.—Subject to subsection (c), any person that 
destroys, causes the loss of, or injures any System unit resource 
is liable to the United States for response costs and damages 
resulting from the destruction, loss, or injury. 
(b) LIABILITY IN REM.—Any instrumentality, including a vessel, 
vehicle, aircraft, or other equipment, that destroys, causes the loss 
of, or injures any System unit resource shall be liable in rem 
to the United States for response costs and damages resulting 
from the destruction, loss, or injury to the same extent as a person 
is liable under subsection (a). 
(c) DEFENSES.—A person is not liable under this section if the 
person establishes that— 
(1) the destruction, loss of, or injury to the System unit 
resource was caused solely by an act of God or an act of 
war; 
(2) the person acted with due care, and the destruction, 
loss of, or injury to the System unit resource was caused solely 
by an act or omission of a 3d party, other than an employee 
or agent of the person; or 
(3) the destruction, loss, or injury to the System unit resource 
was caused by an activity authorized by Federal or State law. 
(d) SCOPE.—Liability under this section is in addition to any 
other liability that may arise under Federal or State law. 
§ 100723. Actions 
(a) CIVIL ACTION
FOR RESPONSE COSTS
AND DAMAGES.—The 
Attorney General, on request of the Secretary after a finding by 
the Secretary of destruction, loss, or injury to a System unit resource 
or a finding that absent the undertaking of a response action,
H. R. 1068—15 
destruction, loss, or injury to a System unit resource would have 
occurred, may bring a civil action in United States district court 
against any person or instrumentality that may be liable under 
section 100722 of this title for response costs and damages. The 
Secretary shall submit a request for the civil action to the Attorney 
General whenever a person may be liable or an instrumentality 
may be liable in rem for those costs and damages under section 
100722 of this title. 
(b) RESPONSE ACTIONS AND ASSESSMENT OF DESTRUCTION, LOSS, 
OR INJURY.— 
(1) ACTIONS TO PREVENT OR MINIMIZE DESTRUCTION, LOSS, 
OR
INJURY.—The Secretary shall undertake all necessary 
actions to— 
(A) prevent or minimize the destruction, loss of, or injury 
to System unit resources; or 
(B) minimize the imminent risk of destruction, loss, or 
injury to System unit resources. 
(2) ASSESSMENT
AND
MONITORING.—The Secretary shall 
assess and monitor destruction, loss, or injury to System unit 
resources. 
§ 100724. Use of recovered amounts 
(a) LIMITATION ON USE.—Response costs and damages recovered 
by the Secretary under this subchapter or amounts recovered by 
the Federal Government under any Federal, State, or local law 
or regulation or otherwise as a result of destruction, loss of, or 
injury to any System unit resource shall be available to the Sec-
retary and without further Congressional action may be used only 
as follows: 
(1) REIMBURSEMENT.—To reimburse response costs and dam-
age assessments by the Secretary or other Federal agencies 
as the Secretary considers appropriate. 
(2) RESTORATION AND REPLACEMENT.—To restore, replace, or 
acquire the equivalent of System unit resources that were the 
subject of the action and to monitor and study those System 
unit resources. The funds may not be used to acquire any 
land or water, interest in land or water, or right to land 
or water unless the acquisition is specifically approved in 
advance in appropriations Acts. The acquisition shall be subject 
to any limitations contained in the legislation establishing the 
System unit. 
(b) EXCESS AMOUNTS.—Any amounts remaining after expendi-
tures pursuant to paragraphs (1) and (2) of subsection (a) shall 
be deposited in the Treasury. 
§ 100725. Donations 
The Secretary may accept donations of money or services for 
expenditure or employment to meet expected, immediate, or ongoing 
response costs. The donations may be expended or employed at 
any time after their acceptance, without further Congressional 
action.
H. R. 1068—16 
Subchapter III—Mining Activity Within 
System Units 
§ 100731. Findings and declaration 
Congress finds and declares that— 
(1) the level of technology of mineral exploration and develop-
ment has changed radically, and continued application of the 
mining laws of the United States to System units to which 
the mining laws apply conflicts with the purposes for which 
the System units were established; and 
(2) all mining operations in System units should be conducted 
so as to prevent or minimize damage to the environment and 
other resource values. 
§ 100732. Preservation and management of System units by 
Secretary; promulgation of regulations 
To preserve for the benefit of present and future generations 
the pristine beauty of System units, and to further the purposes 
of section 100101(a), chapter 1003, and sections 100751(a), 100752, 
100753, and 102101 of this title and the individual organic Acts 
for the System units, all activities resulting from the exercise of 
mineral rights on patented or unpatented mining claims within 
any System unit shall be subject to such regulations prescribed 
by the Secretary as the Secretary considers necessary or desirable 
for the preservation and management of the System units. 
§ 100733. Recordation of mining claims; publication of notice 
All mining claims under the Mining Law of 1872 (30 U.S.C. 
chapter 2, sections 161 and 162, and chapters 12A and 16) that 
lie within the boundaries of System units in existence on September 
28, 1976, that were not recorded with the Secretary within one 
year after September 28, 1976, shall be conclusively presumed 
to be abandoned and shall be void. The recordation does not render 
valid any claim that was not valid on September 28, 1976, or 
that becomes invalid after that date. 
§ 100734. Report on finding or notification of potential dam-
age to natural and historical landmarks 
When the Secretary finds on the Secretary’s own motion or on 
being notified in writing by an appropriate scientific, historical, 
or archeological authority that a district, site, building, structure, 
or object that has been found to be nationally significant in illus-
trating natural history or the history of the United States and 
that has been designated as a natural or historic landmark may 
be irreparably lost or destroyed in whole or in part by any surface 
mining activity, including exploration for or removal or production 
of minerals or materials, the Secretary shall notify the person 
conducting the activity and submit a report on the findings or 
notification, including the basis for the Secretary’s finding that 
the activity may cause irreparable loss or destruction of a national 
landmark, to the Advisory Council on Historic Preservation, with 
a request for advice of the Council as to alternative measures 
that may be taken by the United States to mitigate or abate 
the activity.
H. R. 1068—17 
§ 100735. Civil actions for just compensation by mining claim 
holders 
The holder of any patented or unpatented mining claim subject 
to this subchapter that believes the holder has suffered a loss 
by operation of this subchapter, or by orders or regulations issued 
pursuant to this subchapter, may bring a civil action in United 
States district court to recover just compensation, which shall be 
awarded if the court finds that the loss constitutes a taking of 
property compensable under the Constitution. 
§ 100736. Acquisition of land by Secretary 
Nothing in this subchapter shall be construed to limit the 
authority of the Secretary to acquire land and interests in land 
within the boundary of any System unit. The Secretary shall give 
prompt and careful consideration to any offer made by the owner 
of any valid right or other property in Glacier Bay National Monu-
ment, Death Valley National Monument, Organ Pipe Cactus 
National Monument, or Mount McKinley National Park to sell 
the right or other property if the owner notifies the Secretary 
that the continued ownership of the right or property is causing, 
or would result in, undue hardship. 
§ 100737. Financial disclosure by officer or employee of Sec-
retary 
(a) WRITTEN STATEMENTS.—Each officer or employee of the Sec-
retary who— 
(1) performs any function or duty under this subchapter, 
or any Act amended by the Mining in the Parks Act (Public 
Law 94–429, 90 Stat. 1342) concerning the regulation of mining 
in the System; and 
(2) has any known financial interest— 
(A) in any person subject to this subchapter or any Act 
amended by the Mining in the Parks Act (Public Law 
94–429, 90 Stat. 1342); or 
(B) in any person who holds a mining claim within the 
boundary of any System unit; 
shall annually file with the Secretary a written statement con-
cerning all such interests held by the officer or employee during 
the preceding calendar year. The statement shall be available to 
the public. 
(b) MONITORING AND ENFORCEMENT PROCEDURES.—The Secretary 
shall— 
(1) define the term ‘‘known financial interest’’ for purposes 
of subsection (a); 
(2) establish the methods by which the requirement to file 
written statements specified in subsection (a) will be monitored 
and enforced, including appropriate provisions for the filing 
by the officers and employees of the statements and the review 
by the Secretary of the statements; and 
(3) submit to Congress on June 1 of each year a report 
with respect to the disclosures and the actions taken in regard 
to the disclosures during the preceding calendar year. 
(c) EXEMPTIONS.—In the rules prescribed under subsection (b), 
the Secretary may identify specific positions within the Department 
of the Interior that are of a nonregulatory or nonpolicymaking 
nature and provide that officers or employees occupying those posi-
tions shall be exempt from the requirements of this section.
H. R. 1068—18 
(d) CRIMINAL PENALTIES.—Criminal penalties for a violation of 
this section are provided by section 1865 of title 18. 
Subchapter IV—Administration 
§ 100751. Regulations 
(a) IN GENERAL.—The Secretary shall prescribe such regulations 
as the Secretary considers necessary or proper for the use and 
management of System units. 
(b) BOATING AND OTHER ACTIVITIES ON OR RELATING TO WATER.— 
The Secretary, under such terms and conditions as the Secretary 
considers advisable, may prescribe regulations under subsection 
(a) concerning boating and other activities on or relating to water 
located within System units, including water subject to the jurisdic-
tion of the United States. Any regulation under this subsection 
shall be complementary to, and not in derogation of, the authority 
of the Coast Guard to regulate the use of water subject to the 
jurisdiction of the United States. 
(c) CRIMINAL PENALTIES.—Criminal penalties for a violation of 
a regulation prescribed under this section are provided by section 
1865 of title 18. 
§ 100752. Destruction of animals and plant life 
The Secretary may provide for the destruction of such animals 
and plant life as may be detrimental to the use of any System 
unit. 
§ 100753. Disposal of timber 
The Secretary, on terms and conditions to be fixed by the Sec-
retary, may sell or dispose of timber in cases where, in the judgment 
of the Secretary, the cutting of timber is required to control attacks 
of insects or diseases or otherwise conserve the scenery or the 
natural or historic objects in any System unit. 
§ 100754. Relinquishment of legislative jurisdiction 
(a) IN GENERAL.—Notwithstanding any other provision of law, 
the Secretary may relinquish to a State or a territory (including 
a possession) of the United States part of the legislative jurisdiction 
of the United States over System land or interests in land in 
that State or territory. Relinquishment may be accomplished— 
(1) by filing with the chief executive official of the State 
or territory a notice of relinquishment to take effect on accept-
ance; or 
(2) as the laws of the State or territory may otherwise provide. 
(b) SUBMISSION OF AGREEMENT TO CONGRESS.—Prior to consum-
mating a relinquishment under subsection (a), the Secretary shall 
submit the proposed agreement to the Committee on Energy and 
Natural Resources of the Senate and the Committee on Natural 
Resources of the House of Representatives. The Secretary shall 
not finalize the agreement until 60 calendar days after the submis-
sion has elapsed. 
(c) CONCURRENT LEGISLATIVE JURISDICTION.—The Secretary shall 
diligently pursue the consummation of arrangements with each 
State or territory within which a System unit is located so that 
insofar as practicable the United States shall exercise concurrent 
legislative jurisdiction within System units.
H. R. 1068—19 
§ 100755. Applicability of other laws 
(a) IN GENERAL.—This section and sections 100501, 100901(d) 
to (h), 101302(b)(2), 101901(c), and 102711 of this title, and the 
various authorities relating to the administration and protection 
of System units, including the provisions of law listed in subsection 
(b), shall, to the extent that those provisions are not in conflict 
with any such specific provision, be applicable to System units, 
and any reference in any of these provisions to a System unit 
does not limit those provisions to that System unit. 
(b) APPLICABLE PROVISIONS.—The provisions of law referred to 
in subsection (a) are— 
(1) section 100101(a), chapter 1003, sections 100751(a), 
100752, 100753, 101101, 101102, 101511, 102101, 102712, 
102901, 104905, and 104906, and chapter 2003 of this title; 
(2) the Act of March 4, 1911 (43 U.S.C. 961); and 
(3) chapter 3201 of this title. 
Chapter 1009—Administration 
Sec. 
100901.
Authority of Secretary to carry out certain activities. 
100902.
Rights of way for public utilities and power and communication facilities. 
100903.
Solid waste disposal operations. 
100904.
Admission and special recreation use fees. 
100905.
Commercial filming. 
100906.
Advisory committees. 
§ 100901. Authority of Secretary to carry out certain 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 
alternatives by which to acquire or perform the necessary serv-
ices, resources, or water. 
(c) VEHICULAR AIR CONDITIONING.—The Secretary may acquire, 
and have installed, air conditioning units for any Government- 
owned passenger motor vehicles used by the Service, where assigned 
duties necessitate long periods in automobiles or in regions of 
the United States where high temperatures and humidity are 
common and prolonged. 
(d) UTILITY FACILITIES.—The Secretary may erect and maintain 
fire protection facilities, water lines, telephone lines, electric lines, 
and other utility facilities adjacent to any System unit, where 
necessary, to provide service in the System unit. 
(e) SUPPLIES AND RENTAL OF EQUIPMENT.—The Secretary may 
furnish, on a reimbursement of appropriation basis, supplies, and
H. R. 1068—20 
rent equipment, to persons and agencies that, in cooperation with 
and subject to the approval of the Secretary, render services or 
perform functions that facilitate or supplement the activities of 
the Department of the Interior in the administration of the System. 
The reimbursements may be credited to the appropriation current 
at the time reimbursements are received. 
(f) CONTRACTS FOR UTILITY FACILITIES.—The Secretary may con-
tract, under terms and conditions that the Secretary considers 
to be in the interest of the Federal Government, for the sale, 
operation, maintenance, repair, or relocation of Government-owned 
electric and telephone lines and other utility facilities used for 
the administration and protection of the System, regardless of 
whether the lines and facilities are located within or outside the 
System. 
(g) RIGHTS OF WAY NECESSARY TO CONSTRUCT, IMPROVE, AND 
MAINTAIN ROADS.—The Secretary may acquire— 
(1) rights of way necessary to construct, improve, and main-
tain roads within the authorized boundaries of any System 
unit; and 
(2) land and interests in land adjacent to the rights of way, 
when— 
(A) considered necessary by the Secretary— 
(i) to provide adequate protection of natural features; 
or 
(ii) to avoid traffic and other hazards resulting from 
private road access connections; or 
(B) the acquisition of adjacent residual tracts, which 
otherwise would remain after acquiring the rights of way, 
would be in the public interest. 
(h) OPERATION AND MAINTENANCE OF MOTOR AND OTHER EQUIP-
MENT.— 
(1) IN GENERAL.—The Secretary may operate, repair, main-
tain, and replace motor and other equipment on a reimbursable 
basis when the equipment is used on Federal projects of the 
System, chargeable to other appropriations, or on work of other 
Federal agencies, when requested by the agencies. 
(2) REIMBURSEMENT.—Reimbursement shall be— 
(A) made from appropriations applicable to the work 
on which the equipment is used at rental rates established 
by the Secretary, based on actual or estimated cost of 
operation, repair, maintenance, depreciation, and equip-
ment management control; and 
(B) credited to appropriations currently available at the 
time adjustment is effected. 
(3) RENTAL OF EQUIPMENT FOR FIRE CONTROL PURPOSES.— 
The Secretary may rent equipment for fire control purposes 
to State, county, private, or other non-Federal agencies that 
cooperate with the Secretary in the administration of the 
System and other areas in fire control. The rental shall be 
under the terms of written cooperative agreements. The amount 
collected for the rentals shall be credited to appropriations 
currently available at the time payment is received. 
§ 100902. Rights of way for public utilities and power and 
communication facilities 
(a) PUBLIC UTILITIES.—
H. R. 1068—21 
(1) IN GENERAL.—Under regulations the Secretary prescribes, 
the Secretary may grant a right of way through a System 
unit to a citizen, association, or corporation of the United States 
that intends to use the right of way for— 
(A) electrical plants, poles, and lines for the generation 
and distribution of electrical power; 
(B) telephone and telegraph purposes; and 
(C) canals, ditches, pipes and pipe lines, flumes, tunnels, 
or other water conduits and water plants, dams, and res-
ervoirs used to promote irrigation or mining or quarrying, 
or the manufacturing or cutting of timber or lumber, or 
the supplying of water for domestic, public, or any other 
beneficial uses. 
(2) EXTENT OF RIGHT OF WAY.—A right of way under this 
subsection shall be for— 
(A) the ground occupied by the canals, ditches, flumes, 
tunnels, reservoirs, or other water conduits or water plants, 
or electrical or other works permitted under paragraph 
(1); and 
(B) not more than 50 feet— 
(i) on each side of the marginal limits of the ground; 
or 
(ii) on each side of the center line of the pipes and 
pipe lines, electrical, telegraph, and telephone lines 
and poles. 
(3) APPROVAL.—A right of way under this subsection shall 
be allowed within or through a System unit only on the approval 
of the Secretary and on a finding that the right of way is 
not incompatible with the public interest. 
(4) REVOCATION.—The Secretary may revoke a right of way 
under this subsection. 
(5) RIGHT, EASEMENT, OR INTEREST NOT CONFERRED.—A right 
of way under this subsection does not confer any right, ease-
ment, or interest in, to, or over a System unit. 
(b) POWER AND COMMUNICATION FACILITIES.— 
(1) IN GENERAL.—Under regulations the Secretary prescribes, 
the Secretary may grant a right of way over, across, and on 
through a System unit to a citizen, association, or corporation 
of the United States that intends to use the right of way 
for— 
(A) electrical poles and lines for the transmission and 
distribution of electrical power; 
(B) poles and lines for communication purposes; and 
(C) radio, television, and other forms of communication 
transmitting, relay, and receiving structures and facilities. 
(2) EXTENT OF RIGHT OF WAY.—A right of way under this 
subsection— 
(A) shall be for not more than 50 years from the date 
the right of way is granted; and 
(B) for— 
(i) lines and poles shall be for 200 feet on each 
side of the center line of the lines and poles; and 
(ii) radio, television, and other forms of communica-
tion transmitting, relay, and receiving structures and 
facilities shall be for not more than 400 feet by 400 
feet.
H. R. 1068—22 
(3) APPROVAL.—A right of way under this subsection shall 
be allowed within or through a System unit only on the approval 
of the Secretary and on a finding that the right of way is 
not incompatible with the public interest. 
(4) FORFEITURE AND ANNULMENT.—The Secretary may forfeit 
and annul any part of a right of way under this subsection 
for— 
(A) nonuse for a period of 2 years; or 
(B) abandonment. 
§ 100903.
Solid waste disposal operations 
(a) IN GENERAL—To protect the air, land, water, and natural 
and cultural values of the System and the property of the United 
States in the System, no solid waste disposal site (including any 
site for the disposal of domestic or industrial solid waste) may 
be operated within the boundary of any System unit, other than— 
(1) a site that was operating as of September 1, 1984; or 
(2) a site used only for disposal of waste generated within 
that System unit so long as the site will not degrade any 
of the natural or cultural resources of the System unit. 
(b) REGULATIONS.—The Secretary shall prescribe regulations to 
carry out this section, including reasonable regulations to mitigate 
the adverse effects of solid waste disposal sites in operation as 
of September 1, 1984, on property of the United States. 
§ 100904. Admission and special recreation use fees 
(a) SYSTEM UNITS AT WHICH ENTRANCE FEES OR ADMISSIONS 
FEES CANNOT BE COLLECTED.— 
(1) WITHHOLDING OF AMOUNTS.—Notwithstanding section 107 
of the Department of the Interior and Related Agencies Appro-
priations 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 restric-
tions. 
(2) USE OF AMOUNTS.—Amounts withheld under paragraph 
(1) shall be retained by the Secretary and shall be available, 
without further appropriation, for expenditure by the Secretary 
for the System unit with respect to which the amounts were 
collected for the purposes of enhancing the quality of the visitor 
experience, protection of resources, repair and maintenance, 
interpretation, signage, habitat or facility enhancement, 
resource preservation, annual operation (including fee collec-
tion), 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 avail-
able to the Director under subsection (a) in each fiscal 
year shall be allocated among System units in accordance
H. R. 1068—23 
with subparagraph (B) of this subsection and 50 percent 
shall be allocated in accordance with subparagraph (C). 
(B) ALLOCATION BASED ON EXPENSES.—The amount allo-
cated to each System unit under this paragraph for each 
fiscal year based on expenses shall be a fraction of the 
total allocation to all System units under this paragraph. 
The fraction for each System unit shall be determined 
by dividing the operating expenses at that System unit 
during the prior fiscal year by the total operating expenses 
at all System units during the prior fiscal year. 
(C) ALLOCATION
BASED
ON
FEES
COLLECTED.—The 
amount allocated to each System unit under this paragraph 
for each fiscal year based on fees collected shall be a 
fraction of the total allocation to all System units under 
this paragraph. The fraction for each System unit shall 
be determined by dividing the user fees and admission 
fees collected under this section at that System unit during 
the prior fiscal year by the total of user fees and admission 
fees collected under this section at all System units during 
the prior fiscal year. 
(3) AVAILABILITY OF AMOUNTS.—Amounts allocated under this 
subsection to any System unit for any fiscal year and not 
expended in that fiscal year shall remain available for expendi-
ture at that System unit until expended. 
(c) SELLING OF PERMITS.— 
(1) AUTHORITY TO SELL PERMITS.—When authorized by the 
Secretary, volunteers at System units may sell permits and 
collect fees authorized or established pursuant to this section. 
The Secretary shall ensure that the volunteers have adequate 
training regarding— 
(A) the sale of permits and the collection of fees; 
(B) the purposes and resources of the System units in 
which they are assigned; and 
(C) the provision of assistance and information to visitors 
to the System unit. 
(2) SURETY
BOND
REQUIRED.—The Secretary shall require 
a surety bond for any such volunteer performing services under 
this subsection. Funds available to the Service may be used 
to cover the cost of the surety bond. The Secretary may enter 
into arrangements with qualified public or private entities 
pursuant to which the entities may sell (without cost to the 
United States) annual admission permits (including Golden 
Eagle Passports) at any appropriate location. The arrangements 
shall require each such entity to reimburse the United States 
for the full amount to be received from the sale of the permits 
at or before the Secretary delivers the permits to the entity 
for sale. 
(d) CHARGE
FOR TRANSPORTATION PROVIDED
BY SERVICE
FOR 
VIEWING SYSTEM UNITS.— 
(1) CHARGE WHEN TRANSPORTATION PROVIDED.—Where the 
Service provides transportation to view all or a portion of 
any System unit, the Director may impose a charge for the 
service in lieu of an admission fee under this section. 
(2) RETENTION OF CHARGE AND USE OF RETAINED AMOUNT.— 
Notwithstanding any other provision of law, half of the charges 
imposed under paragraph (1) shall be retained by the System 
unit at which the service was provided. The remainder shall
H. R. 1068—24 
be deposited in the same manner as receipts from fees collected 
pursuant to this section. Fifty percent of the amount retained 
shall be expended only for maintenance of transportation sys-
tems at the System unit where the charge was imposed. The 
remaining 50 percent of the retained amount shall be expended 
only for activities related to resource protection at those System 
units. 
(e) ADMISSION FEES.—Where the primary public access to a 
System unit is provided by a concessioner, the Secretary may charge 
an admission fee at the System unit only to the extent that the 
total of the fee charged by the concessioner for access to the System 
unit and the admission fee does not exceed the maximum amount 
of the admission fee that could otherwise be imposed. 
(f) COMMERCIAL TOUR USE FEES.— 
(1) ESTABLISHMENT.—In the case of each System unit for 
which an admission fee is charged under this section, the 
Secretary shall establish a commercial tour use fee to be 
imposed on each vehicle entering the System unit for the pur-
pose of providing commercial tour services within the System 
unit. 
(2) AMOUNT.—The Secretary shall establish the amount of 
fee per entry as follows: 
(A) Twenty-five dollars per vehicle with a passenger 
capacity of 25 individuals or less. 
(B) Fifty dollars per vehicle with a passenger capacity 
of more than 25 individuals. 
(3) ADJUSTMENTS.—The Secretary may periodically make 
reasonable adjustments to the commercial tour use fee imposed 
under this subsection. 
(4) NONAPPLICABILITY.—The commercial tour use fee imposed 
under this subsection shall not apply to the following: 
(A) Any vehicle transporting organized school groups or 
outings conducted for educational purposes by schools or 
other bona fide educational institutions. 
(B) Any vehicle entering a System unit pursuant to a 
contract issued under subchapter II of chapter 1019 of 
this title. 
(5) APPLICABILITY.—This subsection shall apply to aircraft 
entering the airspace of— 
(A) Haleakala¯
Crater, Crater Cabins, the Scientific 
Research Reserve, Halemauu Trail, Kaupo Gap Trail, or 
any designated tourist viewpoint in Haleakala¯ National 
Park or of Grand Canyon National Park; or 
(B) any other System unit for the specific purpose of 
providing commercial tour services if the Secretary deter-
mines that the level of the services is equal to or greater 
than the level at the System units specified in subpara-
graph (A). 
§ 100905. Commercial filming 
(a) COMMERCIAL FILMING FEE.— 
(1) IN GENERAL.—The Secretary shall require a permit and 
shall establish a reasonable fee for commercial filming activities 
or similar projects in a System unit. The fee shall provide 
a fair return to the United States and shall be based on the 
following criteria:
H. R. 1068—25 
(A) The number of days the filming activity or similar 
project takes place in the System unit. 
(B) The size of the film crew present in the System 
unit. 
(C) The amount and type of equipment present in the 
System unit. 
(2) OTHER FACTORS.—The Secretary may include other factors 
in determining an appropriate fee as the Secretary considers 
necessary. 
(b) RECOVERY OF COSTS.—The Secretary shall collect any costs 
incurred as a result of filming activities or similar projects, 
including administrative and personnel costs. All costs recovered 
shall be in addition to the fee assessed in subsection (a). 
(c) STILL PHOTOGRAPHY.— 
(1) IN GENERAL.—Except as provided in paragraph (2), the 
Secretary shall not require a permit or assess a fee for still 
photography in a System unit if the photography takes place 
where members of the public are generally allowed. The Sec-
retary may require a permit, assess a fee, or both, if the 
photography takes place at other locations where members 
of the public are generally not allowed, or where additional 
administrative costs are likely. 
(2) EXCEPTION.—The Secretary shall require and shall estab-
lish 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 Sec-
retary determines that— 
(1) there is a likelihood of resource damage; 
(2) there would be an unreasonable disruption of the public’s 
use and enjoyment of the site; or 
(3) the activity poses health or safety risks to the public. 
(e) USE OF PROCEEDS.— 
(1) FEES.—All fees collected under this section shall be avail-
able for expenditure by the Secretary, without further appro-
priation and shall remain available until expended. 
(2) COSTS.—All costs recovered under this section shall be 
available for expenditure by the Secretary, without further 
appropriation, at the site where the costs are collected and 
shall remain available until expended. 
(f) PROCESSING OF PERMIT APPLICATIONS.—The Secretary shall 
establish a process to ensure that the Secretary responds in a 
timely manner to permit applicants for commercial filming, still 
photography, or other activity. 
§ 100906. Advisory committees 
(a) ESTABLISHMENT.—To facilitate the administration of the 
System, the Secretary, under such terms and conditions as the 
Secretary may consider advisable, may appoint and establish 
advisory committees in regard to the functions of the Service as 
the Secretary considers advisable. 
(b) CHARTER EXCEPTION ON RENEWAL.—Section 14(b) of the Fed-
eral Advisory Committee Act (5 U.S.C. App.) is waived with respect 
to any advisory commission or advisory committee established by 
law in connection with any System unit during the period for 
which the commission or committee is authorized by law.
H. R. 1068—26 
(c) SERVICE OF MEMBERS.—Any member of any advisory commis-
sion or advisory committee established in connection with any 
System unit may serve after the expiration of the member’s term 
until a successor is appointed. 
(d) COMPENSATION
AND
TRAVEL
EXPENSES.—Members of an 
advisory committee established under subsection (a) shall receive 
no compensation for their services as such but shall be allowed 
necessary travel expenses as authorized by section 5703 of title 
5. 
Chapter 1011—Donations 
Subchapter I—Authority of Secretary 
Sec. 
101101.
Authority to accept land, rights-of-way, buildings, other property, and 
money. 
101102.
Authority to accept and use funds to consolidate Federal land ownership. 
Subchapter II—National Park Foundation 
101111.
Purpose and establishment of Foundation. 
101112.
Board. 
101113.
Gifts, devises, or bequests. 
101114.
Disposition of property or income. 
101115.
Corporate succession and powers and duties acting as trustee; personal li-
ability for malfeasance. 
101116.
Corporate powers. 
101117.
Authority of Board. 
101118.
Tax exemptions; contributions toward costs of local government; contribu-
tions, gifts, or transfers to or for use of United States. 
101119.
Liability of United States. 
101120.
Promotion of local fundraising support. 
Subchapter I—Authority of Secretary 
§ 101101. Authority to accept land, rights-of-way, buildings, 
other property, and money 
The Secretary in the administration of the Service may accept— 
(1) patented land, rights-of-way over patented land or other 
land, buildings, or other property within a System unit; and 
(2) money that may be donated for the purposes of the 
System. 
§ 101102. Authority to accept and use funds to consolidate 
Federal land ownership 
(a) IN GENERAL.—The Secretary may— 
(1) accept and use funds that may be donated in order to 
consolidate Federal land ownership within the existing bound-
aries of any System unit; and 
(2) encourage the donation of funds for that purpose, subject 
to the condition that donated funds are to be expended for 
purposes of this section only if Federal funds in an amount 
equal to the amount of the donated funds are appropriated 
for the purposes of this section. 
(b) AUTHORIZATION OF APPROPRIATIONS.—There are authorized 
to be appropriated for each fiscal year not more than $500,000 
to match funds that are donated for those purposes.
H. R. 1068—27 
Subchapter II—National Park Foundation 
§ 101111. Purpose and establishment of Foundation 
To encourage private gifts of real and personal property, or any 
income from, or other interest in, the property, for the benefit 
of, or in connection with, the Service, its activities, or its services, 
and thereby to further the conservation of natural, scenic, historic, 
scientific, educational, inspirational, or recreational resources for 
future generations of Americans, there is established a charitable 
and nonprofit corporation to be known as the National Park Founda-
tion 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 Chair-
man of the Board and the Director shall be the Secretary of the 
Board. 
(d) BOARD MEMBERSHIP NOT AN OFFICE.—Membership on the 
Board shall not be an office within the meaning of the statutes 
of the United States. 
(e) QUORUM.—A majority of the members of the Board serving 
at any time shall constitute a quorum for the transaction of busi-
ness. 
(f) SEAL.—The National Park Foundation shall have an official 
seal, which shall be judicially noticed. 
(g) MEETINGS.—The Board shall meet at the call of the Chairman 
and there shall be at least one meeting each year. 
(h) COMPENSATION AND REIMBURSEMENT.—No compensation shall 
be paid to the members of the Board for their services as members, 
but they shall be reimbursed for actual and necessary traveling 
and subsistence expenses incurred by them in the performance 
of their duties as members out of National Park Foundation funds 
available to the Board for those purposes. 
§ 101113. Gifts, devises, or bequests 
(a) AUTHORITY TO ACCEPT GIFTS, DEVISES, OR BEQUESTS.— 
(1) IN GENERAL.—The National Park Foundation may accept, 
receive, solicit, hold, administer, and use any gifts, devises, 
or bequests, either absolutely or in trust of real or personal 
property, or any income from, or other interest in, the gift, 
devise, or bequest, for the benefit of, or in connection with, 
the Service, its activities, or its services. 
(2) GIFT, 
DEVISE, 
OR
BEQUEST
THAT
IS
ENCUMBERED, 
RESTRICTED, OR
SUBJECT
TO
BENEFICIAL
INTERESTS.—A gift, 
devise, or bequest may be accepted by the National Park 
Foundation even though it is encumbered, restricted, or subject 
to beneficial interests of private persons if any current or future 
interest in the gift, devise, or bequest is for the benefit of 
the Service, its activities, or its services.
H. R. 1068—28 
(b) WHEN GIFT, DEVISE, OR BEQUEST MAY NOT BE ACCEPTED.— 
The National Park Foundation may not accept any gift, devise, 
or bequest that entails any expenditure other than from the 
resources of the Foundation. 
(c) INTEREST IN REAL PROPERTY.—For purposes of this section, 
an interest in real property includes easements or other rights 
for preservation, conservation, protection, or enhancement by and 
for the public of natural, scenic, historic, scientific, educational, 
inspirational, or recreational resources. 
§ 101114. Disposition of property or income 
(a) AUTHORITY
TO
DISPOSE
OR
DEAL
WITH
PROPERTY
OR 
INCOME.—Except as otherwise required by the instrument of 
transfer, the National Park Foundation may sell, lease, invest, 
reinvest, retain, or otherwise dispose of or deal with any property 
or income from the property as the Board may determine. 
(b) RESTRICTION.—The National Park Foundation shall not engage 
in any business or make any investment that may not lawfully 
be made by a trust company in the District of Columbia, except 
that the Foundation may make any investment authorized by the 
instrument of transfer, and may retain any property accepted by 
the Foundation. 
(c) USE OF SERVICES AND FACILITIES OF THE DEPARTMENTS OF 
THE INTERIOR AND JUSTICE.—The National Park Foundation may 
utilize the services and facilities of the Department of the Interior 
and the Department of Justice, and the services and facilities may 
be made available on request to the extent practicable with or 
without reimbursement. Amounts reimbursed to either Department 
shall be returned by the Department to the account from which 
the funds for which the reimbursement is made were drawn and 
may, without further appropriation, be expended for any purpose 
for which the account is authorized. 
§ 101115. Corporate succession and powers and duties acting 
as trustee; personal liability for malfeasance 
(a) PERPETUAL SUCCESSION.—The National Park Foundation shall 
have perpetual succession. 
(b) POWERS
AND
DUTIES
OF
TRUSTEE.—The National Park 
Foundation shall have all the usual powers and obligations of 
a corporation acting as a trustee, including the power to sue and 
to be sued in its own name. 
(c) PERSONAL LIABILITY OF BOARD MEMBERS.—The members of 
the Board shall not be personally liable, except for malfeasance. 
§ 101116. Corporate powers 
The National Park Foundation shall have the power to enter 
into contracts, to execute instruments, and generally to do any 
and all lawful acts necessary or appropriate to its purposes. 
§ 101117. Authority of Board 
In carrying out this chapter, the Board may— 
(1) adopt bylaws and regulations necessary for the adminis-
tration of its functions; and 
(2) contract for any necessary services.
H. R. 1068—29 
§ 101118. Tax exemptions; contributions toward costs of local 
government; contributions, gifts, or transfers to 
or for use of United States 
(a) TAX EXEMPTION.—The National Park Foundation and any 
income or property received or owned by it, and all transactions 
relating to that income or property, shall be exempt from all Fed-
eral, State, and local taxation. 
(b) CONTRIBUTIONS IN LIEU
OF TAXES.—The National Park 
Foundation may— 
(1) contribute toward the costs of local government in 
amounts not in excess of those which it would be obligated 
to pay that government if it were not exempt from taxation 
by virtue of subsection (a) or by virtue of its being a charitable 
and nonprofit corporation; and 
(2) agree to contribute with respect to property transferred 
to it and the income derived from the property if the agreement 
is a condition of the transfer. 
(c) TRANSFERS DEEMED TO BE TO OR FOR THE USE OF UNITED 
STATES.—Contributions, gifts, and other transfers made to or for 
the use of the Foundation shall be deemed to be contributions, 
gifts, or transfers to or for the use of the United States. 
§ 101119. Liability of United States 
The United States shall not be liable for any debts, defaults, 
acts, or omissions of the National Park Foundation. 
§ 101120. Promotion of local fundraising support 
(a) PROGRAM.—The National Park Foundation shall design and 
implement a comprehensive program to assist and promote philan-
thropic programs of support at the individual System unit level. 
(b) IMPLEMENTATION.—The program under subsection (a) shall 
be implemented to— 
(1) assist in the creation of local nonprofit support organiza-
tions; and 
(2) provide support, national consistency, and management- 
improving suggestions for local nonprofit support organizations. 
(c) PROGRAM.—The program under subsection (a)— 
(1) shall include the greatest number of System units as 
is practicable; and 
(2) at a minimum shall include— 
(A) a standard adaptable organizational design format 
to establish and sustain responsible management of a local 
nonprofit support organization for support of a System 
unit; 
(B) standard and legally tenable bylaws and rec-
ommended money-handling procedures that can easily be 
adapted as applied to individual System units; and 
(C) a standard training curriculum to orient and expand 
the operating expertise of personnel employed by local non-
profit support organizations. 
(d) ANNUAL REPORT.—The National Park Foundation shall report 
the progress of the program under subsection (a) in the annual 
report of the Foundation. 
(e) AFFILIATIONS.— 
(1) CHARTER OR CORPORATE BYLAWS.—Nothing in this section 
requires—
H. R. 1068—30 
(A) a nonprofit support organization or friends group 
to modify current practices or to affiliate with the National 
Park Foundation; or 
(B) a local nonprofit support organization, established 
as a result of this section, to be bound through its charter 
or corporate bylaws to be permanently affiliated with the 
National Park Foundation. 
(2) ESTABLISHMENT.—An affiliation with the National Park 
Foundation shall be established only at the discretion of the 
governing board of a nonprofit organization. 
Chapter 1013—Employees 
Subchapter I—General Provisions 
Sec. 
101301.
Maintenance management system. 
101302.
Authority of Secretary to carry out certain activities. 
101303.
Medical attention for employees. 
101304.
Personal equipment and property. 
101305.
Travel expenses of System employees and dependents of deceased employ-
ees. 
Subchapter II—Service Career Development, Training, and Management 
101321.
Service employee training. 
101322.
Management development and training. 
Subchapter III—Housing Improvement 
101331.
Definitions. 
101332.
General authority of Secretary. 
101333.
Criteria for providing housing. 
101334.
Authorization for housing agreements. 
101335.
Housing programs. 
101336.
Contracts for the management of field employee quarters. 
101337.
Leasing of seasonal employee quarters. 
101338.
General leasing provisions. 
101339.
Assessment and priority listing. 
101340.
Use of funds. 
Subchapter I—General Provisions 
§ 101301. Maintenance management system 
The Service shall implement a maintenance management system 
in the maintenance and operations programs of the System. The 
system shall include the following elements: 
(1) A workload inventory of assets including detailed informa-
tion that quantifies for all assets (including buildings, roads, 
utility systems, and grounds that must be maintained) the 
characteristics affecting the type of maintenance work per-
formed. 
(2) A set of maintenance tasks that describe the maintenance 
work in each System unit. 
(3) A description of work standards including— 
(A) frequency of maintenance; 
(B) measurable quality standard to which assets should 
be maintained; 
(C) methods for accomplishing work; 
(D) required labor, equipment, and material resources; 
and 
(E) expected worker production for each maintenance 
task. 
(4) A work program and performance budget that develops 
an annual work plan identifying maintenance needs and finan-
cial resources to be devoted to each maintenance task.
H. R. 1068—31 
(5) A work schedule that identifies and prioritizes tasks to 
be done in a specific time period and specifies required labor 
resources. 
(6) Work orders specifying job authorizations and a record 
of work accomplished that can be used to record actual labor 
and material costs. 
(7) Reports and special analyses that compare planned versus 
actual accomplishments and costs and that can be used to 
evaluate maintenance operations. 
§ 101302. Authority of Secretary to carry out certain 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 employees located at an isolated area of the System and to 
members of their families, if— 
(1) the area is not adequately served by commercial transpor-
tation; 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 regarded and listed as System equipment. 
(e) MEALS AND LODGING.—The Secretary may provide meals and 
lodging, as the Secretary considers appropriate, for members of 
the United States Park Police and other employees of the Service, 
as the Secretary may designate, serving temporarily on extended 
special duty in System units. For this purpose the Secretary may 
use funds appropriated for the expenses of the Department of 
the Interior. 
§ 101303. Medical attention for employees 
(a) IN GENERAL.—In the administration of the Service, the Sec-
retary may contract for medical attention and service for employees 
and to make necessary payroll deductions agreed to by the 
employees for that medical attention and service. 
(b) EMPLOYEES LOCATED AT ISOLATED SITUATIONS.—The Secretary 
may provide, out of amounts appropriated for the general expense 
of the System units, medical attention for employees of the Service 
located at isolated situations, including— 
(1) moving the employees to hospitals or other places where 
medical assistance is available; and 
(2) in case of death, to remove the bodies of deceased 
employees to the nearest place where they can be prepared 
for shipment or for burial. 
§ 101304. Personal equipment and property 
(a) PURCHASE OF PERSONAL EQUIPMENT AND SUPPLIES.—The Sec-
retary may purchase personal equipment and supplies for employees
H. R. 1068—32 
of the Service and make deductions for the equipment and supplies 
from amounts appropriated for salary payments or otherwise due 
the employees. 
(b) LOST, DAMAGED, OR DESTROYED PROPERTY.—The Secretary, 
in the administration of the Service, may reimburse employees 
and other owners of horses, vehicles, and other equipment lost, 
damaged, or destroyed while in the custody of the employee or 
the Department of the Interior, under authorization, contract, or 
loan, for necessary firefighting, trail, or other official business. 
Reimbursement shall be made from any available funds in the 
appropriation to which the hire of the equipment would be properly 
chargeable. 
(c) 
EQUIPMENT
REQUIRED
TO
BE
FURNISHED
BY
FIELD 
EMPLOYEES.—The Secretary may— 
(1) require field employees of the Service to furnish horses, 
motor and other vehicles, and miscellaneous equipment nec-
essary for the performance of their official work; and 
(2) provide, at Federal Government expense, forage, care, 
and housing for animals, and housing or storage and fuel 
for vehicles and other equipment required to be furnished. 
(d) HIRE, RENTAL, AND PURCHASE OF PROPERTY.—The Secretary, 
under regulations the Secretary may prescribe, may authorize the 
hire, rental, or purchase of property from employees of the Service 
whenever it would promote the public interest to do so. 
§ 101305. Travel expenses of System employees and depend-
ents of deceased employees 
In the administration of the System, the Secretary may, under 
regulations the Secretary may prescribe, pay the travel expenses 
(including the costs of packing, crating, and transporting (including 
draying) personal property) of— 
(1) employees, on permanent change of station of the 
employees; and 
(2) dependents of deceased employees— 
(A) to the nearest housing reasonably available that is 
of a standard not less than that which is vacated, including 
compensation for not to exceed 60 days rental cost, in 
the case of an employee who occupied Federal Government 
housing and whose death requires the housing to be 
promptly vacated; and 
(B) to the nearest port of entry in the conterminous 
48 States in the case of an employee whose last permanent 
station was outside the conterminous 48 States. 
Subchapter II—Service Career 
Development, Training, and Management 
§ 101321. Service employee training 
The Secretary shall develop a comprehensive training program 
for employees in all professional careers in the workforce of the 
Service for the purpose of ensuring that the workforce has available 
the best up-to-date knowledge, skills, and abilities with which to 
manage, interpret, and protect the resources of the System.
H. R. 1068—33 
§ 101322. Management development and training 
The Secretary shall maintain a clear plan for management 
training and development under which career professional Service 
employees from any appropriate academic field may obtain suffi-
cient training, experience, and advancement opportunity to enable 
those qualified to move into System unit management positions, 
including the position of superintendent of a System unit. 
Subchapter III—Housing Improvement 
§ 101331. Definitions 
In this subchapter: 
(1) FIELD EMPLOYEE.—The term ‘‘field employee’’ means— 
(A) an employee of the Service who is exclusively assigned 
by the Service to perform duties at a field unit, and the 
members of the employee’s family; and 
(B) any other individual who is authorized to occupy 
Federal Government quarters under section 5911 of title 
5, and for whom there is no feasible alternative to the 
provision of Federal Government housing, and the members 
of the individual’s family. 
(2) PRIMARY RESOURCE VALUES.—The term ‘‘primary resource 
values’’ means resources that are specifically mentioned in the 
enabling legislation for that field unit or other resource value 
recognized under Federal statute. 
(3) QUARTERS.—The term ‘‘quarters’’ means quarters owned 
or leased by the Federal Government. 
(4) SEASONAL
QUARTERS.—The term ‘‘seasonal quarters’’ 
means quarters typically occupied by field employees who are 
hired on assignments of 6 months or less. 
§ 101332. General authority of Secretary 
(a) RENTAL HOUSING.—To enhance the ability of the Secretary, 
acting through the Director, to effectively manage System units, 
the Secretary may where necessary and justified— 
(1) make available employee housing, on or off land under 
the administrative jurisdiction of the Service; and 
(2) rent that housing to field employees at rates based on 
the reasonable value of the housing in accordance with require-
ments applicable under section 5911 of title 5. 
(b) JOINT DEVELOPMENT AUTHORITY.—The Secretary may use 
authorities granted by statute in combination with one another 
in the furtherance of providing where necessary and justified afford-
able field employee housing. 
(c) CONSTRUCTION LIMITATIONS
ON FEDERAL LAND.—The Sec-
retary may not utilize any land for the purposes of providing field 
employee housing under this subchapter that will affect a primary 
resource value of the area or adversely affect the mission of the 
Service. 
(d) RENTAL RATES.—To the extent practicable, the Secretary shall 
establish rental rates for all quarters occupied by field employees 
of the Service that are based on the reasonable value of the quarters 
in accordance with requirements applicable under section 5911 
of title 5.
H. R. 1068—34 
§ 101333. Criteria for providing housing 
The Secretary shall maintain criteria under which housing is 
provided to employees of the Service. The Secretary shall examine 
the criteria with respect to the circumstances under which the 
Service requires an employee to occupy Federal Government quar-
ters, so as to provide necessary services or protect Federal Govern-
ment property or because of a lack of availability of non-Federal 
housing in a geographic area. 
§ 101334. Authorization for housing agreements 
The Secretary may, pursuant to the authorities contained in 
this subchapter and subject to the appropriation of necessary funds 
in advance, enter into housing agreements with housing entities 
under which the housing entities may develop, construct, rehabili-
tate, or manage housing, located on or off public land, for rent 
to Service employees who meet the housing eligibility criteria devel-
oped 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 pro-
viding 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 proce-
dures. 
(3) TERMS AND CONDITIONS.—Each lease under paragraph 
(1)(A)— 
(A) shall stipulate whether operation and maintenance 
of field employee quarters is to be provided by the lessee, 
field employees, or the Federal Government; 
(B) shall require that the construction and rehabilitation 
of field employee quarters be done in accordance with the 
requirements of the Service and local applicable building 
codes and industry standards; 
(C) shall contain additional terms and conditions as may 
be appropriate to protect the Federal interest, including 
limits on rents that the lessee may charge field employees 
for the occupancy of quarters, conditions on maintenance 
and repairs, and agreements on the provision of charges 
for utilities and other infrastructure; and 
(D) may be granted at less than fair market value if 
the Secretary determines that the lease will improve the 
quality and availability of field employee quarters. 
(4) CONTRIBUTIONS BY FEDERAL GOVERNMENT.—The Secretary 
may make payments, subject to appropriations, or contributions 
in kind, in advance or on a continuing basis, to reduce the 
costs of planning, construction, or rehabilitation of quarters 
on or off Federal land under a lease under this subsection. 
(b) RENTAL GUARANTEE PROGRAM.— 
(1) GENERAL AUTHORITY.—Subject to the appropriation of nec-
essary funds in advance, the Secretary may enter into a lease-
H. R. 1068—35 
to-build arrangement as set forth in subsection (a) with further 
agreement to guarantee the occupancy of field employee quar-
ters constructed or rehabilitated under the lease. A guarantee 
made under this paragraph shall be in writing. 
(2) LIMITATIONS ON GUARANTEES.— 
(A) SPECIFIC GUARANTEES.—The Secretary may not guar-
antee— 
(i) the occupancy of more than 75 percent of the 
units constructed or rehabilitated under the lease; and 
(ii) at a rental rate that exceeds the rate based 
on the reasonable value of the housing in accordance 
with requirements applicable under section 5911 of 
title 5. 
(B) TOTAL OF OUTSTANDING GUARANTEES.—Outstanding 
guarantees shall not be in excess of $3,000,000. 
(3) 
AGREEMENT
TO
RENT
TO
FEDERAL
GOVERNMENT 
EMPLOYEES.—A guarantee may be made under this subsection 
only if the lessee agrees to permit the Secretary to utilize 
for housing purposes any units for which the guarantee is 
made. 
(4) OPERATION
AND
MAINTENANCE.—A lease shall be void 
if the lessee fails to maintain a satisfactory level of operation 
and maintenance. 
§ 101336. Contracts for the management of field employee 
quarters 
Subject to the appropriation of necessary funds in advance, the 
Secretary may enter into contracts of any duration for the manage-
ment, repair, and maintenance of field employee quarters. The 
contract shall contain terms and conditions that the Secretary con-
siders necessary or appropriate to protect the interests of the United 
States and ensure that necessary quarters are available to field 
employees. 
§ 101337. Leasing of seasonal employee quarters 
(a) GENERAL AUTHORITY.—The Secretary may lease quarters at 
or near a System unit for use as seasonal quarters for field 
employees if the Secretary finds that there is a shortage of adequate 
and affordable seasonal quarters at or near the System unit and 
that— 
(1) the requirement for the seasonal field employee quarters 
is temporary; or 
(2) leasing would be more cost-effective than construction 
of new seasonal field employee quarters. 
(b) RENT.—The rent charged to field employees under the lease 
shall be a rate based on the reasonable value of the quarters 
in accordance with requirements applicable under section 5911 
of title 5. 
(c) UNRECOVERED COSTS.—The Secretary may pay the unre-
covered costs of leasing seasonal quarters under this section from 
annual appropriations for the year in which the lease is made. 
§ 101338. General leasing provisions 
(a) EXEMPTION FROM LEASING REQUIREMENTS.—Section 102901 
of this title and section 1302 of title 40 shall not apply to leases 
issued by the Secretary under this section.
H. R. 1068—36 
(b) PROCEEDS FROM LEASES.—The proceeds from any lease under 
section 101335(a)(1) of this title and any lease under section 101337 
of this title shall be retained by the Service and deposited in 
the special fund established for maintenance and operation of quar-
ters. 
§ 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, identi-
fying the units in greatest need for repair, rehabilitation, 
replacement, or initial construction. 
§ 101340. Use of funds 
(a) EXPENDITURE SHALL FOLLOW PRIORITY LISTING.—Expenditure 
of any funds authorized and appropriated for new construction, 
repair, or rehabilitation of housing under this chapter shall follow 
the housing priority listing established by the Secretary under 
section 101339 of this title, in sequential order, to the maximum 
extent practicable. 
(b) NONCONSTRUCTION FUNDS IN ANNUAL BUDGET SUBMITTAL.— 
Each fiscal year the President’s proposed budget to Congress shall 
include identification of nonconstruction funds to be spent for 
Service housing maintenance and operations that are in addition 
to rental receipts collected. 
Chapter 1015—Transportation 
Subchapter I—Airports 
Sec. 
101501.
Airports in or near System units. 
Subchapter II—Roads and Trails 
101511.
Authority of Secretary. 
101512.
Conveyance to States of roads leading to certain historical areas. 
Subchapter III—Public Transportation Programs for System Units 
101521.
Transportation service and facility programs. 
101522.
Transportation projects. 
101523.
Procedures applicable to transportation plans and projects. 
101524.
Special rule for service contract to provide transportation services. 
Subchapter IV—Fees 
101531.
Fee for use of transportation services. 
Subchapter I—Airports 
§ 101501. Airports in or near System units 
(a) DEFINITIONS.—In this section, the terms ‘‘airport’’, ‘‘project’’, 
‘‘project costs’’, ‘‘public agency’’, and ‘‘sponsor’’ have the meanings 
given the terms in section 47102 of title 49. 
(b) ACQUISITION, OPERATION, AND MAINTENANCE OF AIRPORTS.— 
(1) AUTHORIZATION.—The Secretary may plan, acquire, estab-
lish, construct, enlarge, improve, maintain, equip, operate, regu-
late, and protect airports in the continental United States in, 
or in close proximity to, System units, when the Secretary 
determines that the airports are necessary to the proper 
performance of the functions of the Department of the Interior.
H. R. 1068—37 
(2) INCLUSION IN NATIONAL PLAN.—The Secretary shall not 
acquire, establish, or construct an airport under this section 
unless the airport is included in the national plan of integrated 
airport systems formulated by the Secretary of Transportation 
pursuant to section 47103 of title 49. 
(3) OPERATION AND MAINTENANCE MUST ACCORD WITH STAND-
ARDS AND REGULATIONS OF SECRETARY OF TRANSPORTATION.— 
The operation and maintenance of airports under this section 
shall be in accordance with the standards and regulations pre-
scribed by the Secretary of Transportation. 
(c) AUTHORITY OF SECRETARY.— 
(1) IN GENERAL.—To carry out this section, the Secretary 
may— 
(A) acquire necessary land and interests in or over land; 
(B) contract for the construction, improvement, operation, 
and maintenance of airports and incidental facilities; 
(C) enter into agreements with other public agencies 
providing for the construction, operation, or maintenance 
of airports by those agencies or jointly by the Secretary 
and those agencies on mutually satisfactory terms; and 
(D) enter into other agreements and take other action 
with respect to the airports as may be necessary to carry 
out this section. 
(2) CONSENT REQUIRED.—This section does not authorize the 
Secretary to acquire any land, or interest in or over land, 
by purchase, condemnation, grant, or lease, without first 
obtaining the consent of the Governor of the State, and the 
consent of the chief executive official of the State political 
subdivision, in which the land is located. 
(d) AUTHORIZATION TO SPONSOR AIRPORT PROJECTS.—To carry 
out this section, the Secretary may— 
(1) sponsor projects under subchapter I of chapter 471 of 
title 49 independently or jointly with other public agencies; 
and 
(2) use, for payment of the sponsor’s share of the project 
costs of those projects, any funds that may be— 
(A) contributed or otherwise made available to the Sec-
retary for those purposes; or 
(B) appropriated or otherwise specifically authorized for 
that purpose. 
(e) JURISDICTION OVER AIRPORTS.—All airports under the jurisdic-
tion of the Secretary, unless otherwise specifically provided by 
law, shall be operated as public airports, available for public use 
on fair and reasonable terms and without unjust discrimination. 
Subchapter II—Roads and Trails 
§ 101511. Authority of Secretary 
(a) ROADS AND TRAILS IN SYSTEM UNITS.—The Secretary may 
construct, reconstruct, and improve roads and trails, including 
bridges, in System units. 
(b) APPROACH ROADS.— 
(1) IN GENERAL.— 
(A) DESIGNATION.—When the Secretary determines it to 
be in the public interest, the Secretary may designate, 
as System unit approach roads, roads whose primary value
H. R. 1068—38 
is to carry System unit travel and that lead across land 
at least 90 percent owned by the Federal Government 
and that will connect the highways within a System unit 
with a convenient point on or leading to the National 
Highway System. 
(B) LIMIT ON LENGTH OF APPROACH ROADS.— 
(i) IN GENERAL.—A designated approach road shall 
not exceed— 
(I) 60 miles in length between a System unit 
gateway and a point on or leading to the nearest 
convenient National Highway System road; or 
(II) 30 miles in length if the approach road is 
on the National Highway System. 
(ii) COUNTY LIMIT.—Not to exceed 40 miles of any 
one approach road shall be designated in any one 
county. 
(C) SUPPLEMENTARY
PART
OF
SYSTEM
UNIT
HIGHWAY 
SYSTEM.—An approach road designated for a System unit 
shall be treated as a supplementary part of the highway 
system of the System unit. 
(2) CONSTRUCTION, RECONSTRUCTION, AND IMPROVEMENT.— 
(A) 
IN
GENERAL.—The 
Secretary 
may 
construct, 
reconstruct, and improve approach roads designated under 
paragraph (1) (including bridges) and enter into agreements 
for the maintenance of the approach roads by State or 
county authorities or to maintain the approach roads when 
otherwise necessary. 
(B) ANNUAL
ALLOCATION.—Not more than $1,500,000 
shall be allocated annually for the construction, reconstruc-
tion, and improvement of System unit approach roads. 
(3) APPROVAL OF SECRETARY OF AGRICULTURE REQUIRED.— 
When an approach road is proposed under this section across 
or within any national forest, the Secretary shall secure the 
approval of the Secretary of Agriculture before construction 
begins. 
(c) AGREEMENT WITH SECRETARY OF TRANSPORTATION.—Under 
agreement with the Secretary, the Secretary of Transportation may 
carry out any provision of this section. 
§ 101512.
Conveyance to States of roads leading to certain 
historical areas 
(a) DEFINITION.—In this section, the term ‘‘State’’ means a State, 
Puerto Rico, Guam, and the Virgin Islands. 
(b) AUTHORITY OF SECRETARY.—The Secretary may, subject to 
conditions as seem proper to the Secretary, convey by proper quit-
claim deed to any State, county, municipality, or agency of a State, 
county, or municipality in which the road is located, all right, 
title, and interest of the United States in and to any Federal 
Government owned or controlled road leading to any national ceme-
tery, national military park, national historical park, national 
battlefield park, or national historic site administered by the 
Service. 
(c) NOTIFICATION BY STATE, AGENCY, OR MUNICIPALITY.—Prior 
to the delivery of any conveyance of a road under this section, 
the State, county, or municipality to which the conveyance is to 
be made shall notify the Secretary in writing of its willingness 
to accept and maintain the road.
H. R. 1068—39 
(d) TRANSFER OF JURISDICTION.—On the execution and delivery 
of the conveyance of a road under this section, any jurisdiction 
previously ceded to the United States by a State over the road 
is retroceded and shall vest in the State in which the road is 
located. 
Subchapter III—Public Transportation 
Programs for System Units 
§ 101521. Transportation service and facility programs 
(a) FORMULATION OF PLANS AND IMPLEMENTATION OF PROJECTS.— 
The Secretary may formulate transportation plans and implement 
transportation projects where feasible pursuant to those plans for 
System units. 
(b) CONTRACTS, OPERATIONS, AND ACQUISITIONS FOR IMPROVE-
MENT OF ACCESS TO SYSTEM UNITS.— 
(1) AUTHORITY OF SECRETARY.—To carry out subsection (a), 
the Secretary may— 
(A) contract with public or private agencies or carriers 
to provide transportation services, capital equipment, or 
facilities to improve access to System units; 
(B) operate those services directly in the absence of suit-
able 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
ACQUISI-
TION.— 
(A) ADMINISTRATION.—The acquired property shall be 
administered as part of the System unit. 
(B) ACQUISTION OF LAND OR INTERESTS IN LAND OWNED 
BY STATE OR POLITICAL SUBDIVISION.—Any land or interests 
in land owned by a State or any of its political subdivisions 
may be acquired only by donation. 
(C) ACQUISITION SUBJECT TO STATUTORY LIMITATIONS.— 
Any land acquisition shall be subject to any statutory 
limitations on methods of acquisition and appropriations 
as may be specifically applicable to the area. 
(c) ESTABLISHMENT OF INFORMATION PROGRAMS.—The Secretary 
shall establish information programs to inform the public of avail-
able 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 neces-
sity or other similar matters. The Secretary or contractor shall 
consult with the appropriate State or local public service commission 
or other body having authority to issue certificates of convenience
H. R. 1068—40 
and necessity. A contractor shall be subject to applicable require-
ments of that body unless the Secretary determines that the require-
ments would not be consistent with the purposes and provisions 
of this subchapter. 
(e) CONSTRUCTION OF GRANT OF AUTHORITY RESPECTING OPER-
ATION
OF MOTOR VEHICLES EXCEPTED FROM STATUTORY COV-
ERAGE.—No grant of authority in this subchapter shall be deemed 
to expand the exemption of section 13506(a)(9) of title 49. 
§ 101522. Transportation projects 
(a) ASSISTANCE OF HEADS OF OTHER FEDERAL DEPARTMENTS AND 
AGENCIES IN FORMULATION AND IMPLEMENTATION.—To carry out 
this subchapter, the Secretary of Transportation, the Secretary 
of Housing and Urban Development, the Secretary of Health and 
Human Services, the Secretary of Commerce, and the heads of 
other Federal departments or agencies that the Secretary considers 
necessary shall assist the Secretary in the formulation and 
implementation of transportation projects. 
(b) COMPILATION OF STATUTES AND PROGRAMS.—The Secretary 
shall maintain a compilation of Federal statutes and programs 
providing authority for the planning, funding, or operation of 
transportation projects that might be utilized by the Secretary 
to carry out this subchapter. 
§ 101523. Procedures applicable to transportation plans and 
projects 
(a) DURING FORMULATION OF PLAN.—The Secretary shall, during 
the formulation of any transportation plan authorized pursuant 
to section 101521 of this title— 
(1) give public notice of intention to formulate the plan by 
publication in the Federal Register and in a newspaper or 
periodical having general circulation in the vicinity of the 
affected System unit; and 
(2) following the notice, hold a public meeting at a location 
convenient to the affected System unit. 
(b) PRIOR
TO
IMPLEMENTATION
OF
PROJECT.—Prior to the 
implementation of any project developed pursuant to the transpor-
tation plan formulated pursuant to subsection (a), the Secretary 
shall— 
(1) establish procedures, including public meetings, to give 
State and local governments and the public adequate notice 
and an opportunity to comment on the proposed transportation 
project; and 
(2) when the proposed project would involve an expenditure 
in excess of $100,000 in any fiscal year, submit a detailed 
report to the Committee on Energy and Natural Resources 
of the Senate and the Committee on Natural Resources of 
the House of Representatives. 
(c) WAITING PERIOD.—When a report on a project is required 
under subsection (b)(2), the Secretary may proceed with the 
implementation of the project only after 60 days (not counting 
days on which the Senate or House of Representatives has 
adjourned for more than 3 consecutive days) have elapsed following 
submission of the report.
H. R. 1068—41 
§ 101524. Special rule for service contract to provide 
transportation services 
Notwithstanding any other provision of law, a service contract 
entered into by the Secretary for the provision solely of transpor-
tation services in a System unit shall be not more than 10 years 
in length, including a base period of 5 years and annual extensions 
for up to an additional 5 years based on satisfactory performance 
and approval by the Secretary. 
Subchapter IV—Fees 
§ 101531. Fee for use of transportation services 
Notwithstanding any other provision of law, where the Service 
or an entity under a service contract, cooperative agreement, or 
other contractual agreement with the Service provides transpor-
tation 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 admis-
sion fees may occur at the transportation staging area or any 
other reasonably convenient location determined by the Secretary. 
The Secretary may enter into agreements, with public or private 
entities that qualify to the Secretary’s satisfaction, to collect the 
transportation and admission fee. Transportation fees collected 
pursuant to this section shall be retained by the System unit 
at which the transportation fee was collected, and the amount 
retained shall be expended only for costs associated with the 
transportation systems at the System unit where the charge was 
imposed. 
Chapter 1017—Financial Agreements 
Sec. 
101701.
Challenge cost-share agreement authority. 
101702.
Cooperative agreements. 
101703.
Cooperative management agreements. 
101704.
Reimbursable agreements. 
§ 101701. Challenge cost-share agreement authority 
(a) DEFINITIONS.—In this section: 
(1) CHALLENGE
COST-SHARE
AGREEMENT.—The term ‘‘chal-
lenge cost-share agreement’’ means any agreement entered into 
between the Secretary and any cooperator for the purpose of 
sharing costs or services in carrying out authorized functions 
and responsibilities of the Secretary with respect to any System 
unit or System program, any affiliated area, or any designated 
national scenic trail or national historic trail. 
(2) COOPERATOR.—The term ‘‘cooperator’’ means any State 
or local government, public or private agency, organization, 
institution, corporation, individual, or other entity. 
(b) AUTHORITY TO ENTER INTO CHALLENGE COST-SHARE 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.
H. R. 1068—42 
§ 101702. Cooperative agreements 
(a) TRANSFER OF SERVICE APPROPRIATED FUNDS.—A cooperative 
agreement entered into by the Secretary that involves the transfer 
of Service appropriated funds to a State, local, or tribal government 
or other public entity, an educational institution, or a private non-
profit 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 pri-
vate educational institutions, States, and political subdivi-
sions of States to develop adequate, coordinated, coopera-
tive research and training programs concerning the 
resources of the System; and 
(B) pursuant to an agreement, accept from and make 
available to the cooperator technical and support staff, 
financial assistance for mutually agreed upon research 
projects, supplies and equipment, facilities, and administra-
tive 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 Fed-
eral procurement regulations. 
(c) SALE OF PRODUCTS AND SERVICES PRODUCED IN THE CONDUCT 
OF LIVING EXHIBITS AND INTERPRETIVE DEMONSTRATIONS.—To facili-
tate the administration of the System, the Secretary, under such 
terms and conditions as the Secretary considers advisable, may— 
(1) sell at fair market value, without regard to the require-
ments of chapters 1 to 11 of title 40 and division C (except 
sections 3302, 3307(e), 3501(b), 3509, 3906, 4710, and 4711) 
of subtitle I of title 41, products and services produced in 
the conduct of living exhibits and interpretive demonstrations 
in System units; 
(2) enter into contracts, including cooperative arrangements, 
with respect to living exhibits and interpretive demonstrations 
in System units; and 
(3) credit the proceeds from those sales and contracts to 
the appropriation bearing the cost of the exhibits and dem-
onstrations. 
(d) COOPERATIVE
AGREEMENTS
FOR
SYSTEM
UNIT
NATURAL 
RESOURCE PROTECTION.— 
(1) IN GENERAL.—The Secretary may enter into cooperative 
agreements with State, local, or tribal governments, other Fed-
eral agencies, other public entities, educational institutions, 
private nonprofit organizations, or participating private land-
owners for the purpose of protecting natural resources of 
System units through collaborative efforts on land inside and 
outside the System units. 
(2) TERMS
AND
CONDITIONS.—A cooperative agreement 
entered into under paragraph (1) shall provide clear and direct 
benefits to System unit natural resources and— 
(A) provide for—
H. R. 1068—43 
(i) the preservation, conservation, and restoration 
of coastal and riparian systems, watersheds, and wet-
lands; 
(ii) preventing, controlling, or eradicating invasive 
exotic species that are within a System unit or adjacent 
to a System unit; or 
(iii) restoration of natural resources, including native 
wildlife habitat or ecosystems; 
(B) include a statement of purpose demonstrating how 
the agreement will— 
(i) enhance science-based natural resource steward-
ship at the System unit; and 
(ii) benefit the parties to the agreement; 
(C) specify any staff required and technical assistance 
to be provided by the Secretary or other parties to the 
agreement in support of activities inside and outside the 
System unit that will— 
(i) protect natural resources of the System unit; and 
(ii) benefit the parties to the agreement; 
(D) identify any materials, supplies, or equipment and 
any other resources that will be contributed by the parties 
to the agreement or by other Federal agencies; 
(E) describe any financial assistance to be provided by 
the Secretary or the partners to implement the agreement; 
(F) ensure that any expenditure by the Secretary pursu-
ant to the agreement is determined by the Secretary to 
support the purposes of natural resource stewardship at 
a System unit; and 
(G) include such other terms and conditions as are agreed 
to by the Secretary and the other parties to the agreement. 
(3) LIMITATIONS.—The Secretary shall not use any funds asso-
ciated with an agreement entered into under paragraph (1) 
for the purposes of land acquisition, regulatory activity, or 
the development, maintenance, or operation of infrastructure, 
except for ancillary support facilities that the Secretary deter-
mines to be necessary for the completion of projects or activities 
identified in the agreement. 
§ 101703.
Cooperative management agreements 
(a) IN GENERAL.—To facilitate the administration of the System, 
the Secretary, under such terms and conditions as the Secretary 
considers advisable, may enter into an agreement with a State 
or local government agency to provide for the cooperative manage-
ment of the Federal and State or local park areas where a System 
unit is located adjacent to or near a State or local park area, 
and cooperative management between the Service and a State or 
local government agency of a portion of either the System unit 
or State or local park will allow for more effective and efficient 
management of the System unit and State or local park. The 
Secretary may not transfer administration responsibilities for any 
System unit under this paragraph. 
(b) PROVISION OF GOODS AND SERVICES.—Under a cooperative 
management agreement, the Secretary may acquire from and pro-
vide to a State or local government agency goods and services 
to be used by the Secretary and the State or local governmental 
agency in the cooperative management of land.
H. R. 1068—44 
(c) ASSIGNMENT OF EMPLOYEE.—An assignment arranged by the 
Secretary under section 3372 of title 5 of a Federal, State, or 
local employee for work on any Federal, State, or local land or 
an extension of the assignment may be for any period of time 
determined by the Secretary and the State or local agency to be 
mutually beneficial. 
§ 101704. Reimbursable agreements 
(a) IN GENERAL.—In carrying out work under reimbursable agree-
ments with any State, local, or tribal government, the Secretary, 
without regard to any provision of law or a regulation— 
(1) may record obligations against accounts receivable from 
those governments; and 
(2) shall credit amounts received from those governments 
to the appropriate account. 
(b) WHEN AMOUNTS SHALL BE CREDITED.—Amounts shall be cred-
ited within 90 days of the date of the original request by the 
Service for payment. 
Chapter 1019—Concessions and 
Commercial Use Authorizations 
Subchapter I—Authority of Secretary 
Sec. 
101901.
Utility services. 
Subchapter II—Commercial Visitor Services 
101911.
Definitions. 
101912.
Findings and declaration of policy. 
101913.
Award of concession contracts. 
101914.
Term of concession contracts. 
101915.
Protection of concessioner investment. 
101916.
Reasonableness of rates and charges. 
101917.
Franchise fees. 
101918.
Transfer or conveyance of concession contracts or leasehold surrender in-
terests. 
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 advis-
able, may furnish, on a reimbursement of appropriation basis, all 
types of utility services to concessioners, contractors, permittees, 
or other users of the services, within the System. The reimburse-
ments for cost of the services may be credited to the appropriation 
current at the time reimbursements are received.
H. R. 1068—45 
Subchapter II—Commercial Visitor 
Services 
§ 101911. Definitions 
In this subchapter: 
(1) ADVISORY BOARD.—The term ‘‘Advisory Board’’ means the 
National Park Service Concessions Management Advisory 
Board established under section 101919 of this title. 
(2) PREFERENTIAL
RIGHT
OF
RENEWAL.—The term ‘‘pref-
erential right of renewal’’ means the right of a concessioner, 
subject to a determination by the Secretary that the facilities 
or services authorized by a prior contract continue to be nec-
essary and appropriate within the meaning of section 101912 
of this title, to match the terms and conditions of any competing 
proposal that the Secretary determines to be the best proposal 
for a proposed new concession contract that authorizes the 
continuation of the facilities and services provided by the 
concessioner under its prior contract. 
§ 101912. Findings and declaration of policy 
(a) FINDINGS.—In furtherance of section 100101(a), Congress finds 
that the preservation and conservation of System unit resources 
and values requires that public accommodations, facilities, and 
services that have to be provided within those System units should 
be provided only under carefully controlled safeguards against 
unregulated and indiscriminate use, so that— 
(1) visitation will not unduly impair those resources and 
values; and 
(2) development of public accommodations, facilities, and 
services within System units can best be limited to locations 
that are consistent to the highest practicable degree with the 
preservation and conservation of the resources and values of 
the System units. 
(b) DECLARATION OF POLICY.—It is the policy of Congress that 
the development of public accommodations, facilities, and services 
in System units shall be limited to accommodations, facilities, and 
services that— 
(1) are necessary and appropriate for public use and enjoy-
ment of the System unit in which they are located; and 
(2) are consistent to the highest practicable degree with the 
preservation and conservation of the resources and values of 
the System unit. 
§ 101913. Award of concession contracts 
In furtherance of the findings and policy stated in section 101912 
of this title, and except as provided by this subchapter or otherwise 
authorized by law, the Secretary shall utilize concession contracts 
to authorize a person, corporation, or other entity to provide accom-
modations, facilities, and services to visitors to System units. 
Concession contracts shall be awarded as follows: 
(1) COMPETITIVE SELECTION PROCESS.—Except as otherwise 
provided in this section, all proposed concession contracts shall 
be awarded by the Secretary to the person, corporation, or 
other entity submitting the best proposal, as determined by 
the Secretary through a competitive selection process. The 
competitive process shall include simplified procedures for
H. R. 1068—46 
small, individually-owned entities seeking award of a concession 
contract. 
(2) SOLICITATION OF PROPOSALS.—Except as otherwise pro-
vided in this section, prior to awarding a new concession con-
tract (including renewals or extensions of existing concession 
contracts) the Secretary— 
(A) shall publicly solicit proposals for the concession con-
tract; and 
(B) in connection with the solicitation, shall— 
(i) prepare a prospectus and publish notice of its 
availability at least once in local or national news-
papers or trade publications, by electronic means, or 
both, as appropriate; and 
(ii) make the prospectus available on request to all 
interested persons. 
(3) INFORMATION TO BE INCLUDED IN PROSPECTUS.—The pro-
spectus shall include the following information: 
(A) The minimum requirements for the contract as set 
forth in paragraph (4). 
(B) The terms and conditions of any existing concession 
contract relating to the services and facilities to be pro-
vided, including all fees and other forms of compensation 
provided to the United States by the concessioner. 
(C) Other authorized facilities or services that may be 
provided in a proposal. 
(D) Facilities and services to be provided by the Secretary 
to the concessioner, including public access, utilities, and 
buildings. 
(E) An estimate of the amount of compensation due an 
existing concessioner from a new concessioner under the 
terms of a prior concession contract. 
(F) A statement as to the weight to be given to each 
selection factor identified in the prospectus and the relative 
importance of those factors in the selection process. 
(G) Other information related to the proposed concession 
operation that is provided to the Secretary pursuant to 
a concession contract or is otherwise available to the Sec-
retary, as the Secretary determines is necessary to allow 
for the submission of competitive proposals. 
(H) Where applicable, a description of a preferential right 
to the renewal of the proposed concession contract held 
by an existing concessioner as set forth in paragraph (7). 
(4) CONSIDERATION OF PROPOSALS.— 
(A) MINIMUM
REQUIREMENTS.—No proposal shall be 
considered that fails to meet the minimum requirements 
as determined by the Secretary. The minimum require-
ments shall include the following: 
(i) The minimum acceptable franchise fee or other 
forms of consideration to the Federal Government. 
(ii) Any facilities, services, or capital investment 
required to be provided by the concessioner. 
(iii) Measures necessary to ensure the protection, 
conservation, and preservation of resources of the 
System unit. 
(B) REJECTION OF PROPOSAL.—The Secretary shall reject 
any proposal, regardless of the franchise fee offered, if 
the Secretary determines that—
H. R. 1068—47 
(i) the person, corporation, or entity is not qualified 
or is not likely to provide satisfactory service; or 
(ii) the proposal is not responsive to the objectives 
of protecting and preserving resources of the System 
unit and of providing necessary and appropriate facili-
ties and services to the public at reasonable rates. 
(C) ALL
PROPOSALS
FAIL
TO
MEET
MIMIMUM
REQUIRE-
MENTS OR ARE REJECTED.—If all proposals submitted to 
the Secretary fail to meet the minimum requirements or 
are rejected by the Secretary, the Secretary shall establish 
new minimum contract requirements and re-initiate the 
competitive selection process pursuant to this section. 
(D) TERMS
AND
CONDITIONS
MATERIALLY
AMENDED
OR 
NOT INCORPORATED IN CONTRACT.—The Secretary may not 
execute a concession contract that materially amends or 
does not incorporate the proposed terms and conditions 
of the concession contract as set forth in the applicable 
prospectus. If proposed material amendments or changes 
are considered appropriate by the Secretary, the Secretary 
shall resolicit offers for the concession contract incor-
porating the material amendments or changes. 
(5) SELECTION OF THE BEST PROPOSAL.— 
(A) FACTORS IN SELECTION.—In selecting the best pro-
posal, the Secretary shall consider the following principal 
factors: 
(i) The responsiveness of the proposal to the objec-
tives 
of 
protecting, 
conserving, 
and 
preserving 
resources of the System unit and of providing necessary 
and appropriate facilities and services to the public 
at reasonable rates. 
(ii) The experience and related background of the 
person, corporation, or entity submitting the proposal, 
including the past performance and expertise of the 
person, corporation or entity in providing the same 
or similar facilities or services. 
(iii) The financial capability of the person, corpora-
tion, or entity submitting the proposal. 
(iv) The proposed franchise fee, except that consider-
ation of revenue to the United States shall be subordi-
nate to the objectives of protecting, conserving, and 
preserving resources of the System unit and of pro-
viding necessary and appropriate facilities to the public 
at reasonable rates. 
(B) SECONDARY FACTORS.—The Secretary may also con-
sider such secondary factors as the Secretary considers 
appropriate. 
(C) DEVELOPMENT OF REGULATIONS.—In developing regu-
lations to implement this subchapter, the Secretary shall 
consider the extent to which plans for employment of 
Indians (including Native Alaskans) and involvement of 
businesses owned by Indians, Indian tribes, or Native Alas-
kans 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 pro-
posed concession contract with anticipated annual gross
H. R. 1068—48 
receipts in excess of $5,000,000 or a duration of more 
than 10 years to the Committee on Natural Resources 
of the House of Representatives and the Committee on 
Energy and Natural Resources of the Senate. 
(B) WAITING PERIOD.—The Secretary shall not award any 
proposed concession contract to which subparagraph (A) 
applies until at least 60 days subsequent to the notification 
of both Committees. 
(7) PREFERENTIAL RIGHT OF RENEWAL.— 
(A) IN GENERAL.—Except as provided in subparagraph 
(B), the Secretary shall not grant a concessioner a pref-
erential right to renew a concession contract, or any other 
form of preference to a concession contract. 
(B) EXCEPTION.—The Secretary shall grant a preferential 
right of renewal to an existing concessioner with respect 
to proposed renewals of the categories of concession con-
tracts described by paragraph (8), subject to the require-
ments of that paragraph. 
(C) ENTITLEMENT
TO
AWARD
OF
NEW
CONTRACT.—A 
concessioner that successfully exercises a preferential right 
of renewal in accordance with the requirements of this 
subchapter shall be entitled to award of the proposed new 
concession contract to which the preference applies. 
(8) OUTFITTER AND GUIDE SERVICES AND SMALL CONTRACTS.— 
(A) APPLICATION.—Paragraph (7) shall apply only to the 
following: 
(i) Subject to subparagraph (B), concession contracts 
that solely authorize the provision of specialized 
backcountry outdoor recreation guide services that 
require the employment of specially trained and experi-
enced guides to accompany System unit visitors in 
the backcountry so as to provide a safe and enjoyable 
experience for visitors who otherwise may not have 
the skills and equipment to engage in that activity. 
(ii) Subject to subparagraph (C), concession contracts 
with anticipated annual gross receipts under $500,000. 
(B) OUTFITTING AND GUIDE CONCESSIONERS.— 
(i) DESCRIPTION.—Outfitting and guide conces-
sioners, where otherwise qualified, include conces-
sioners that provide guided river running, hunting, 
fishing, horseback, camping, and mountaineering 
experiences. 
(ii) WHEN
ENTITLED
TO
PREFERENTIAL
RIGHT.—An 
outfitting and guide concessioner is entitled to a pref-
erential right of renewal under this subchapter only 
if— 
(I) the contract with the outfitting and guide 
concessioner does not grant the concessioner any 
interest, 
including 
any 
leasehold 
surrender 
interest or possessory interest, in capital improve-
ments on land owned by the United States within 
a System unit, other than a capital improvement 
constructed by a concessioner pursuant to the 
terms of a concession contract prior to November 
13, 1998, or constructed or owned by a concessioner 
or the concessioner’s predecessor before the subject 
land was incorporated into the System;
H. R. 1068—49 
(II) the Secretary determines that the conces-
sioner has operated satisfactorily during the term 
of the contract (including any extension); and 
(III) the concessioner has submitted a responsive 
proposal for a proposed new concession contract 
that satisfies the minimum requirements estab-
lished by the Secretary pursuant to paragraph (4). 
(C) CONTRACT WITH ESTIMATED GROSS RECEIPTS OF LESS 
THAN $500,000.—A concessioner that holds a concession con-
tract 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 conces-
sioner has operated satisfactorily during the term of 
the contract (including any extension); and 
(ii) 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). 
(9) NEW OR ADDITIONAL SERVICES.—The Secretary shall not 
grant a preferential right to a concessioner to provide new 
or additional services in a System unit. 
(10) AUTHORITY OF SECRETARY NOT LIMITED.—Nothing in this 
subchapter shall be construed as limiting the authority of the 
Secretary to determine whether to issue a concession contract 
or to establish its terms and conditions in furtherance of the 
policies expressed in this subchapter. 
(11) EXCEPTIONS.—Notwithstanding this section, the Sec-
retary may award, without public solicitation, the following: 
(A) TEMPORARY
CONTRACT.—To avoid interruption of 
services to the public at a System unit, the Secretary 
may award a temporary concession contract or an extension 
of an existing concessions contract for a term not to exceed 
3 years, except that prior to making the award, the Sec-
retary shall take all reasonable and appropriate steps to 
consider alternatives to avoid the interruption. 
(B) CONTRACT IN EXTRAORDINARY CIRCUMSTANCES.—The 
Secretary may award a concession contract in extraordinary 
circumstances where compelling and equitable consider-
ations require the award of a concession contract to a 
particular party in the public interest. Award of a conces-
sion contract under this subparagraph shall not be made 
by the Secretary until at least 30 days after— 
(i) publication in the Federal Register of notice of 
the Secretary’s intention to award the contract and 
the reasons for the action; and 
(ii) submission of notice to the Committee on Energy 
and Natural Resources of the Senate and the Com-
mittee on Natural Resources of the House of Represent-
atives. 
§ 101914. Term of concession contracts 
A concession contract entered into pursuant to this subchapter 
shall generally be awarded for a term of 10 years or less. The 
Secretary may award a contract for a term of up to 20 years 
if the Secretary determines that the contract terms and conditions,
H. R. 1068—50 
including the required construction of capital improvements, war-
rant 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 pro-
vided by a concessioner pursuant to the terms of a concession 
contract and located on land of the United States within a 
System unit. 
(2) CONSUMER
PRICE
INDEX.—The term ‘‘Consumer Price 
Index’’ means— 
(A) the ‘‘Consumer Price Index—All Urban Consumers’’ 
published by the Bureau of Labor Statistics of the Depart-
ment of Labor; or 
(B) if the Index is not published, another regularly pub-
lished cost-of-living index approximating the Consumer 
Price Index. 
(b) LEASEHOLD
SURRENDER
INTEREST
IN
CAPITAL
IMPROVE-
MENTS.—A concessioner that constructs a capital improvement on 
land owned by the United States within a System unit pursuant 
to a concession contract shall have a leasehold surrender interest 
in the capital improvement subject to the following terms and 
conditions: 
(1) IN GENERAL.—A concessioner shall have a leasehold sur-
render interest in each capital improvement constructed by 
a concessioner under a concession contract, consisting solely 
of a right to compensation for the capital improvement to 
the extent of the value of the concessioner’s leasehold surrender 
interest in the capital improvement. 
(2) PLEDGE AS SECURITY.—A leasehold surrender interest may 
be pledged as security for financing of a capital improvement 
or the acquisition of a concession contract when approved by 
the Secretary pursuant to this subchapter. 
(3) 
TRANSFER
AND
RELINQUISHMENT
OR
WAIVER
OF 
INTEREST.—A leasehold surrender interest shall be transferred 
by the concessioner in connection with any transfer of the 
concession contract and may be relinquished or waived by the 
concessioner. 
(4) LIMIT ON EXTINGUISHING OR TAKING INTEREST.—A lease-
hold surrender interest shall not be extinguished by the expira-
tion or other termination of a concession contract and may 
not be taken for public use except on payment of just compensa-
tion. 
(5) VALUE OF INTEREST.—The value of a leasehold surrender 
interest in a capital improvement shall be an amount equal 
to the initial value (construction cost of the capital improve-
ment), increased (or decreased) by the same percentage increase 
(or decrease) as the percentage increase (or decrease) in the 
Consumer Price Index, from the date of making the investment 
in the capital improvement by the concessioner to the date 
of payment of the value of the leasehold surrender interest, 
less depreciation of the capital improvement as evidenced by 
the condition and prospective serviceability in comparison with 
a new unit of like kind. 
(6) VALUE OF INTEREST IN CERTAIN NEW CONCESSION CON-
TRACTS.—
H. R. 1068—51 
(A) HOW VALUE IS DETERMINED.—The Secretary may pro-
vide, in any new concession contract that the Secretary 
estimates will have a leasehold surrender interest of more 
than $10,000,000, that the value of any leasehold surrender 
interest in a capital improvement shall be based on— 
(i) a reduction on an annual basis, in equal portions, 
over the same number of years as the time period 
associated with the straight line depreciation of the 
initial value (construction cost of the capital improve-
ment), as provided by applicable Federal income tax 
laws and regulations in effect on November 12, 1998; 
or 
(ii) an alternative formula that is consistent with 
the objectives of this subchapter. 
(B) WHEN
ALTERNATIVE
FORMULA
MAY
BE
USED.—The 
Secretary may use an alternative formula under subpara-
graph (A)(ii) only if the Secretary determines, after scrutiny 
of the financial and other circumstances involved in the 
particular concession contract (including providing notice 
in the Federal Register and opportunity for comment), that 
the alternative formula is, compared to the standard 
method of determining value provided for in paragraph 
(5), necessary to provide a fair return to the Federal 
Government and to foster competition for the new contract 
by providing a reasonable opportunity to make a profit 
under the new contract. If no responsive offers are received 
in response to a solicitation that includes the alternative 
formula, the concession opportunity shall be resolicited 
with the leasehold surrender interest value as described 
in paragraph (5). 
(7) INCREASE IN VALUE OF INTEREST.—Where a concessioner, 
pursuant to the terms of a concession contract, makes a capital 
improvement to an existing capital improvement in which the 
concessioner has a leasehold surrender interest, the cost of 
the additional capital improvement shall be added to the then- 
current value of the concessioner’s leasehold surrender interest. 
(c) SPECIAL RULE FOR POSSESSORY INTEREST EXISTING BEFORE 
NOVEMBER 13, 1998.— 
(1) IN
GENERAL.—A concessioner that has obtained a 
possessory interest (as defined pursuant to the Act of October 
9, 1965 (known as the National Park Service Concessions Policy 
Act; Public Law 89–249, 79 Stat. 969), as in effect on November 
12, 1998) under the terms of a concession contract entered 
into before November 13, 1998, shall, on the expiration or 
termination of the concession contract, be entitled to receive 
compensation for the possessory interest improvements in the 
amount and manner as described by the concession contract. 
Where that possessory interest is not described in the existing 
concession contract, compensation of possessory interest shall 
be determined in accordance with the laws in effect on 
November 12, 1998. 
(2) EXISTING CONCESSIONER AWARDED A NEW CONTRACT.— 
A concessioner awarded a new concession contract to replace 
an existing concession contract after November 13, 1998, 
instead of directly receiving the possessory interest compensa-
tion, shall have a leasehold surrender interest in its existing 
possessory interest improvements under the terms of the new
H. R. 1068—52 
concession contract and shall carry over as the initial value 
of the leasehold surrender interest (instead of construction cost) 
an amount equal to the value of the existing possessory interest 
as of the termination date of the previous concession contract. 
In the event of a dispute between the concessioner and the 
Secretary as to the value of the possessory interest, the matter 
shall be resolved through binding arbitration. 
(3) NEW
CONCESSIONER
AWARDED
A
CONTRACT.—A new 
concessioner awarded a concession contract and required to 
pay a prior concessioner for possessory interest in prior 
improvements shall have a leasehold surrender interest in the 
prior improvements. The initial value in the leasehold sur-
render interest (instead of construction cost) shall be an amount 
equal to the value of the existing possessory interest as of 
the termination date of the previous concession contract. 
(4) DE NOVO REVIEW OF VALUE DETERMINATION.—If the Sec-
retary, 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 under-
lying 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 deter-
mination decision. 
(d) TRANSITION TO SUCCESSOR CONCESSIONER.—On expiration or 
termination of a concession contract entered into after November 
13, 1998, a concessioner shall be entitled under the terms of the 
concession contract to receive from the United States or a successor 
concessioner the value of any leasehold surrender interest in a 
capital improvement as of the date of the expiration or termination. 
A successor concessioner shall have a leasehold surrender interest 
in the capital improvement under the terms of a new concession 
contract and the initial value of the leasehold surrender interest 
in the capital improvement (instead of construction cost) shall be 
the amount of money the new concessioner is required to pay 
the prior concessioner for its leasehold surrender interest under 
the terms of the prior concession contract. 
(e) TITLE TO IMPROVEMENTS.—Title to any capital improvement 
constructed by a concessioner on land owned by the United States 
in a System unit shall be vested in the United States. 
§ 101916. Reasonableness of rates and charges 
(a) IN GENERAL.—A concession contract shall permit the conces-
sioner 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 Sec-
retary. 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 reasonable-
ness of rates and charges to the maximum extent practicable.
H. R. 1068—53 
The Secretary shall approve rates and charges that the Sec-
retary determines to be reasonable and appropriate. Unless 
otherwise provided in the concession contract, the reasonable-
ness and appropriateness of rates and charges shall be deter-
mined primarily by comparison with those rates and charges 
for facilities, goods, and services of comparable character under 
similar conditions, with due consideration to the following fac-
tors and other factors deemed relevant by the Secretary: 
(A) Length of season. 
(B) Peakloads. 
(C) Average percentage of occupancy. 
(D) Accessibility. 
(E) Availability and costs of labor and materials. 
(F) Type of patronage. 
(2) RATES AND CHARGES NOT TO EXCEED MARKET RATES AND 
CHARGES.—Rates and charges may not exceed the market rates 
and charges for comparable facilities, goods, and services, after 
taking into account the factors referred to in paragraph (1). 
(c) IMPLEMENTATION OF RECOMMENDATIONS.—Not later than 6 
months after receiving recommendations from the Advisory Board 
regarding concessioner rates and charges to the public, the Sec-
retary shall implement the recommendations or report to Congress 
the reasons for not implementing the recommendations. 
§ 101917. Franchise fees 
(a) IN GENERAL.—A concession contract shall provide for payment 
to the Federal Government of a franchise fee or other monetary 
consideration as determined by the Secretary, on consideration 
of the probable value to the concessioner of the privileges granted 
by the particular contract involved. Probable value shall be based 
on a reasonable opportunity for net profit in relation to capital 
invested and the obligations of the concession contract. Consider-
ation of revenue to the United States shall be subordinate to the 
objectives of protecting and preserving System units and of pro-
viding necessary and appropriate services for visitors at reasonable 
rates. 
(b) PROVISIONS TO BE SPECIFIED
IN CONTRACT.—The amount 
of the franchise fee or other monetary consideration paid to the 
United States for the term of the concession contract shall be 
specified in the concession contract and may be modified only to 
reflect extraordinary unanticipated changes from the conditions 
anticipated as of the effective date of the concession contract. The 
Secretary shall include in concession contracts with a term of more 
than 5 years a provision that allows reconsideration of the franchise 
fee at the request of the Secretary or the concessioner in the 
event of extraordinary unanticipated changes. The provision shall 
provide for binding arbitration in the event that the Secretary 
and the concessioner are unable to agree on an adjustment to 
the franchise fee in those circumstances. 
(c) SPECIAL ACCOUNT IN TREASURY.— 
(1) DEPOSIT AND AVAILABILITY.—All franchise fees (and other 
monetary consideration) paid to the United States pursuant 
to concession contracts shall be deposited in a special account 
established in the Treasury. Twenty percent of the funds depos-
ited in the special account shall be available for expenditure 
by the Secretary, without further appropriation, to support 
activities throughout the System regardless of the System unit
H. R. 1068—54 
in which the funds were collected. The funds deposited in 
the special account shall remain available until expended. 
(2) SUBACCOUNT
FOR
EACH
SYSTEM
UNIT.—There shall be 
established within the special account a subaccount for each 
System unit. Each subaccount shall be credited with 80 percent 
of the franchise fees (and other monetary consideration) col-
lected at a single System unit under concession contracts. The 
funds credited to the subaccount for a System unit shall be 
available for expenditure by the Secretary, without further 
appropriation, for use at the System unit for visitor services 
and for purposes of funding high-priority and urgently nec-
essary resource management programs and operations. The 
funds credited to a subaccount shall remain available until 
expended. 
§ 101918. Transfer or conveyance of concession contracts or 
leasehold surrender interests 
(a) APPROVAL OF SECRETARY.—No concession contract or leasehold 
surrender interest may be transferred, assigned, sold, or otherwise 
conveyed or pledged by a concessioner without prior written notifica-
tion to, and approval by, the Secretary. 
(b) CONDITIONS.—The Secretary shall approve a transfer or 
conveyance described in subsection (a) unless the Secretary finds 
that— 
(1) the individual, corporation, or other entity seeking to 
acquire a concession contract is not qualified or able to satisfy 
the terms and conditions of the concession contract; 
(2) the transfer or conveyance would have an adverse impact 
on— 
(A) the protection, conservation, or preservation of the 
resources of the System unit; or 
(B) the provision of necessary and appropriate facilities 
and services to visitors at reasonable rates and charges; 
and 
(3) the terms of the transfer or conveyance are likely, directly 
or indirectly, to— 
(A) reduce the concessioner’s opportunity for a reasonable 
profit over the remaining term of the concession contract; 
(B) adversely affect the quality of facilities and services 
provided by the concessioner; or 
(C) result in a need for increased rates and charges 
to the public to maintain the quality of the facilities and 
services. 
(c) MODIFICATION OR RENEGOTIATION OF TERMS.—The terms and 
conditions of any concession contract under this section shall not 
be subject to modification or open to renegotiation by the Secretary 
because of a transfer or conveyance described in subsection (a) 
unless the transfer or conveyance would have an adverse impact 
as described in subsection (b)(2). 
§ 101919. National Park Service Concessions Management 
Advisory Board 
(a) ESTABLISHMENT
AND PURPOSE.—There is a National Park 
Service Concessions Management Advisory Board whose purpose 
shall be to advise the Secretary and Service on matters relating 
to management of concessions in the System. 
(b) DUTIES.—
H. R. 1068—55 
(1) ADVICE.—The Advisory Board shall advise on each of 
the following: 
(A) Policies and procedures intended to ensure that serv-
ices and facilities provided by concessioners— 
(i) are necessary and appropriate; 
(ii) meet acceptable standards at reasonable rates 
with a minimum of impact on System unit resources 
and values; and 
(iii) provide the concessioners with a reasonable 
opportunity to make a profit. 
(B) Ways to make Service concession programs and proce-
dures 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 burden-
some, and timelier. 
(C) The nature and scope of products that qualify as 
Indian, Alaska Native, and Native Hawaiian handicrafts 
within the meaning of this subchapter. 
(D) The allocation of concession fees. 
(3) ANNUAL REPORT.—The Advisory Board shall provide an 
annual report on its activities to the Committee on Natural 
Resources of the House of Representatives and the Committee 
on Energy and Natural Resources of the Senate. 
(c) ADVISORY BOARD MEMBERSHIP.—Members of the Advisory 
Board shall be appointed on a staggered basis by the Secretary 
for a term not to exceed 4 years and shall serve at the pleasure 
of the Secretary. The Advisory Board shall be comprised of not 
more than 7 individuals appointed from among citizens of the 
United States not in the employment of the Federal Government 
and not in the employment of or having an interest in a Service 
concession. Of the 7 members of the Advisory Board— 
(1) one member shall be privately employed in the hospitality 
industry and have both broad knowledge of hotel or food service 
management and experience in the parks and recreation conces-
sion business; 
(2) one member shall be privately employed in the tourism 
industry; 
(3) one member shall be privately employed in the accounting 
industry; 
(4) one member shall be privately employed in the outfitting 
and guide industry; 
(5) one member shall be a State government employee with 
expertise in park concession management; 
(6) one member shall be active in promotion of traditional 
arts and crafts; and 
(7) one member shall be active in a nonprofit conservation 
organization involved in parks and recreation programs. 
(d) SERVICE ON ADVISORY BOARD.—Service of an individual as 
a member of the Advisory Board shall not be deemed to be service 
or employment bringing the individual within the provisions of 
any Federal law relating to conflicts of interest or otherwise 
imposing restrictions, requirements, or penalties in relation to the
H. R. 1068—56 
employment of individuals, the performance of services, or the pay-
ment or receipt of compensation in connection with claims, pro-
ceedings, or matters involving the United States. Service as a 
member of the Advisory Board shall not be deemed service in 
an appointive or elective position in the Federal Government for 
purposes of section 8344 of title 5 or other comparable provisions 
of Federal law. 
(e) TERMINATION.—The Advisory Board shall continue to exist 
until December 31, 2009. In all other respects, it shall be subject 
to the Federal Advisory Committee Act (5 U.S.C. App.). 
§ 101920. Contracting for services 
(a) CONTRACTING AUTHORIZED.— 
(1) MANAGEMENT ELEMENTS FOR WHICH CONTRACT REQUIRED 
TO MAXIMUM EXTENT PRACTICABLE.—To the maximum extent 
practicable, the Secretary shall contract with private entities 
to conduct or assist in elements of the management of the 
Service concession program considered by the Secretary to be 
suitable for non-Federal performance. Those management ele-
ments shall include each of the following: 
(A) Health and safety inspections. 
(B) Quality control of concession operations and facilities. 
(C) Strategic capital planning for concession facilities. 
(D) Analysis of rates and charges to the public. 
(2) 
MANAGEMENT
ELEMENTS
FOR
WHICH
CONTRACT 
ALLOWED.—The Secretary may also contract with private enti-
ties to assist the Secretary with each of the following: 
(A) Preparation of the financial aspects of prospectuses 
for Service concession contracts. 
(B) Development of guidelines for a System capital 
improvement and maintenance program for all concession 
occupied facilities. 
(C) Making recommendations to the Director regarding 
the conduct of annual audits of concession fee expenditures. 
(b) OTHER MANAGEMENT ELEMENTS.—The Secretary shall con-
sider, taking into account the recommendations of the Advisory 
Board, contracting out other elements of the concessions manage-
ment program, as appropriate. 
(c) AUTHORITY OF SECRETARY NOT DIMINISHED.—Nothing in this 
section shall diminish the governmental responsibilities and 
authority of the Secretary to administer concession contracts and 
activities pursuant to this subchapter and section 100101(a), 
chapter 1003, and sections 100751(a), 100752, 100753, and 102101 
of this title. The Secretary reserves the right to make the final 
decision or contract approval on contracting services dealing with 
the management of the Service concessions program under this 
section. 
§ 101921. Multiple contracts within a System unit 
If multiple concession contracts are awarded to authorize conces-
sioners to provide the same or similar outfitting, guiding, river 
running, or other similar services at the same approximate location 
or resource within a System unit, the Secretary shall establish 
a comparable franchise fee structure for those contracts or similar 
contracts, except that the terms and conditions of any existing 
concession contract shall not be subject to modification or open
H. R. 1068—57 
to renegotiation by the Secretary because of an award of a new 
contract at the same approximate location or resource. 
§ 101922. Use of nonmonetary consideration in concession 
contracts 
Section 1302 of title 40 shall not apply to concession contracts 
awarded by the Secretary pursuant to this subchapter. 
§ 101923. Recordkeeping requirements 
(a) IN GENERAL.—A concessioner and any subconcessioner shall 
keep such records as the Secretary may prescribe to enable the 
Secretary to determine that all terms of a concession contract 
have been and are being faithfully performed. The Secretary and 
any authorized representative of the Secretary shall, for the purpose 
of audit and examination, have access to those records and to 
other records of the concessioner or subconcessioner pertinent to 
the concession contract and all terms and conditions of the conces-
sion contract. 
(b) ACCESS TO RECORDS BY COMPTROLLER GENERAL.—The Comp-
troller General and any authorized representative of the Comp-
troller General shall, until the expiration of 5 calendar years after 
the close of the business year of each concessioner or subconces-
sioner, have access to and the right to examine any pertinent 
records described in subsection (a) of the concessioner or subconces-
sioner related to the contract involved. 
§ 101924. Promotion of sale of Indian, Alaska Native, Native 
Samoan, and Native Hawaiian handicrafts 
(a) IN GENERAL.—Promoting the sale of authentic United States 
Indian, Alaskan Native, Native Samoan, and Native Hawaiian 
handicrafts relating to the cultural, historical, and geographic 
characteristics of System units is encouraged, and the Secretary 
shall ensure that there is a continuing effort to enhance the handi-
craft 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 pur-
poses of subsection (a), the revenue derived from the sale of United 
States Indian, Alaska Native, Native Samoan, and Native Hawaiian 
handicrafts shall be exempt from any franchise fee payments under 
this subchapter. 
§ 101925. Commercial use authorizations 
(a) IN GENERAL.—To the extent specified in this section, the 
Secretary, on request, may authorize a private person, corporation, 
or other entity to provide services to visitors to System units 
through a commercial use authorization. A commercial use 
authorization shall not be considered to be a concession contract 
under this subchapter and no other section of this subchapter 
shall be applicable to a commercial use authorization except where 
expressly stated. 
(b) CRITERIA
FOR ISSUANCE
OF COMMERCIAL USE AUTHORIZA-
TIONS.— 
(1) REQUIRED DETERMINATIONS.—The authority of this section 
may be used only to authorize provision of services that the 
Secretary determines— 
(A) will have minimal impact on resources and values 
of a System unit; and
H. R. 1068—58 
(B) are consistent with the purpose for which the System 
unit was established and with all applicable management 
plans and Service policies and regulations. 
(2) ELEMENTS OF COMMERCIAL USE AUTHORIZATION.—The Sec-
retary shall— 
(A) require payment of a reasonable fee for issuance 
of a commercial use authorization, the fees to remain avail-
able without further appropriation to be used, at a min-
imum, to recover associated management and administra-
tive costs; 
(B) require that the provision of services under a commer-
cial use authorization be accomplished in a manner con-
sistent to the highest practicable degree with the preserva-
tion and conservation of System unit resources and values; 
(C) take appropriate steps to limit the liability of the 
United States arising from the provision of services under 
a commercial use authorization; 
(D) have no authority under this section to issue more 
commercial use authorizations than are consistent with 
the preservation and proper management of System unit 
resources and values; and 
(E) shall establish other conditions for issuance of a 
commercial use authorization that the Secretary deter-
mines to be appropriate for the protection of visitors, provi-
sion of adequate and appropriate visitor services, and 
protection and proper management of System unit 
resources and values. 
(c) LIMITATIONS.—Any commercial use authorization shall be lim-
ited to— 
(1) commercial operations with annual gross receipts of not 
more than $25,000 resulting from services originating and pro-
vided solely within a System unit pursuant to the commercial 
use authorization; 
(2) the incidental use of resources of the System unit by 
commercial operations that provide services originating and 
terminating outside the boundaries of the System unit; or 
(3)(A) uses by organized children’s camps, outdoor clubs, and 
nonprofit institutions (including back country use); and 
(B) other uses, as the Secretary determines to be appropriate. 
(d) NONPROFIT INSTITUTIONS.—Nonprofit institutions are not 
required to obtain commercial use authorizations unless taxable 
income is derived by the institution from the authorized use. 
(e) PROHIBITION ON CONSTRUCTION.—A commercial use authoriza-
tion shall not provide for the construction of any structure, fixture, 
or improvement on federally-owned land within the boundaries 
of a System unit. 
(f) DURATION.—The term of any commercial use authorization 
shall not exceed 2 years. No preferential right of renewal or similar 
provisions for renewal shall be granted by the Secretary. 
(g) OTHER CONTRACTS.—A person, corporation, or other entity 
seeking or obtaining a commercial use authorization shall not be 
precluded from submitting a proposal for concession contracts. 
§ 101926. Regulations 
(a) IN GENERAL.—The Secretary shall prescribe regulations appro-
priate for the implementation of this subchapter. 
(b) CONTENTS.—The regulations—
H. R. 1068—59 
(1) shall include appropriate provisions to ensure that conces-
sion services and facilities to be provided in a System unit 
are not segmented or otherwise split into separate concession 
contracts for the purposes of seeking to reduce anticipated 
annual gross receipts of a concession contract below $500,000; 
and 
(2) shall further define the term ‘‘United States Indian, 
Alaskan Native, and Native Hawaiian handicrafts’’ for the pur-
poses of this subchapter. 
Chapter 1021—Privileges and Leases 
Sec. 
102101.
General provisions. 
102102.
Authority of Secretary to enter into lease for buildings and associated 
property. 
§ 102101. General provisions 
(a) LIMITATION.— 
(1) NO LEASE OR GRANT OF A PRIVILEGE THAT INTERFERES 
WITH FREE ACCESS.—No natural curiosity, wonder, or object 
of interest shall be leased or granted to anyone on such terms 
as to interfere with free access by the public to any System 
unit. 
(2) EXCEPTION
FOR
GRAZING
LIVESTOCK.—The Secretary, 
under such regulations and on such terms as the Secretary 
may prescribe, may grant the privilege to graze livestock within 
a System unit when, in the Secretary’s judgment, the use 
is not detrimental to the primary purpose for which the System 
unit was created. This paragraph does not apply to Yellowstone 
National Park. 
(b) ADVERTISING AND COMPETITIVE BIDS NOT REQUIRED.—The 
Secretary may grant privileges and enter into leases described 
in subsection (a), and enter into related contracts with responsible 
persons, firms, or corporations, without advertising and without 
securing competitive bids. 
(c) ASSIGNMENT OR TRANSFER.—No contract, lease, or privilege 
described in subsection (a) or (b) that is entered into or granted 
shall be assigned or transferred by the grantee, lessee, or licensee 
without the prior written approval of the Secretary. 
§ 102102. Authority of Secretary to enter into lease for 
buildings and associated property 
(a) IN GENERAL.—To facilitate the administration of the System, 
the Secretary, under such terms and conditions as the Secretary 
may consider advisable, and except as provided in subsection (b) 
and subject to subsection (c), may enter into a lease with any 
person or government entity for the use of buildings and associated 
property administered by the Secretary as part of the System. 
(b) PROHIBITED ACTIVITIES.—The Secretary may not use a lease 
under subsection (a) to authorize the lessee to engage in activities 
that are subject to authorization by the Secretary through a conces-
sion contract, commercial use authorization, or similar instrument. 
(c) USE.—Buildings and associated property leased under sub-
section (a)—
H. R. 1068—60 
(1) shall be used for an activity that is consistent with the 
purposes established by law for the System unit in which 
the building is located; 
(2) shall not result in degradation of the purposes and values 
of the System unit; and 
(3) shall be compatible with Service programs. 
(d) RENTAL AMOUNTS.— 
(1) IN GENERAL.—With respect to a lease under subsection 
(a)— 
(A) payment of fair market value rental shall be required; 
and 
(B) section 1302 of title 40 shall not apply. 
(2) ADJUSTMENT.—The Secretary may adjust the rental 
amount as appropriate to take into account any amounts to 
be expended by the lessee for preservation, maintenance, res-
toration, improvement, or repair and related expenses. 
(e) SPECIAL ACCOUNT.— 
(1) DEPOSITS.—Rental payments under a lease under sub-
section (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 associ-
ated property. 
(3) ACCOUNTABILITY
AND
RESULTS.—The Secretary shall 
develop procedures for the use of the special account that 
ensure accountability and demonstrated results consistent with 
this section and sections 100101(b), 100502, 100507, 100751(b), 
100754, 100901(b) and (c), 100906(a) and (d), 101302(b)(1) and 
(c) to (e), 101306, 101702(b) and (c), 101901, 102701, and 102702 
of this title. 
(f) REGULATIONS.—The Secretary shall prescribe regulations 
implementing this section that include provisions to encourage and 
facilitate competition in the leasing process and provide for timely 
and adequate public comment. 
Chapter 1023—Programs and 
Organizations 
Sec. 
102301.
Volunteers in parks program. 
102302.
National Capital region arts and cultural affairs. 
102303.
National Park System Advisory Board. 
102304.
National Park Service Advisory Council. 
§ 102301. Volunteers in parks program 
(a) ESTABLISHMENT.—The Secretary may recruit, train, and 
accept, without regard to chapter 51 and subchapter III of chapter 
53 of title 5 or regulations prescribed under that chapter or sub-
chapter, the services of individuals without compensation as volun-
teers for or in aid of interpretive functions or other visitor services 
or activities in and related to System units and related areas.
H. R. 1068—61 
In accepting those services, the Secretary shall not permit the 
use of volunteers in hazardous duty or law enforcement work or 
in policymaking processes, or to displace any employee. The services 
of individuals whom the Secretary determines are skilled in per-
forming hazardous activities may be accepted. 
(b) INCIDENTAL EXPENSES.—The Secretary may provide for inci-
dental expenses of volunteers, such as transportation, uniforms, 
lodging, and subsistence. 
(c) FEDERAL EMPLOYEE STATUS FOR VOLUNTEERS.— 
(1) EMPLOYMENT STATUS OF VOLUNTEERS.—Except as other-
wise provided in this section, a volunteer shall not be deemed 
a Federal employee and shall not be subject to the provisions 
of law relating to Federal employment, including those relating 
to hours of work, rates of compensation, leave, unemployment 
compensation, and Federal employee benefits. 
(2) TORT CLAIMS.—For the purpose of sections 1346(b) and 
2401(b) and chapter 171 of title 28, a volunteer under this 
chapter shall be deemed a Federal employee. 
(3) VOLUNTEERS DEEMED CIVIL EMPLOYEES.—For the purposes 
of subchapter I of chapter 81 of title 5, volunteers under this 
chapter shall be deemed civil employees of the United States 
within the meaning of the term ‘‘employee’’ as defined in section 
8101 of title 5, and subchapter I of chapter 81 of title 5 shall 
apply. 
(4) COMPENSATION FOR LOSSES AND DAMAGES.—For the pur-
pose of claims relating to damage to, or loss of, personal prop-
erty of a volunteer incident to volunteer service, a volunteer 
under this chapter shall be deemed a Federal employee, and 
section 3721 of title 31 shall apply. 
(d) AUTHORIZATION OF APPROPRIATIONS.—There is authorized to 
be appropriated to carry out this section not more than $3,500,000 
for each fiscal year. 
§ 102302. National Capital region arts and cultural affairs 
(a) ESTABLISHMENT.—There is under the direction of the Service 
a program to support and enhance artistic and cultural activities 
in the National Capital region. 
(b) GRANT ELIGIBILITY.— 
(1) ELIGIBLE ORGANIZATIONS.—Eligibility for grants shall be 
limited to organizations— 
(A) that are of demonstrated national significance; and 
(B) that meet at least 2 of the criteria stated in paragraph 
(2). 
(2) CRITERIA.—The criteria referred to in paragraph (1) are 
the following: 
(A) The organization has an annual operating budget 
in excess of $1,000,000. 
(B) The organization has an annual audience or visitation 
of at least 200,000 people. 
(C) The organization has a paid staff of at least 100 
individuals. 
(D) The organization is eligible under section 320102(f) 
of this title. 
(3) ORGANIZATIONS NOT ELIGIBLE.—Public or private colleges 
and universities are not eligible for grants under the program 
under this section.
H. R. 1068—62 
(c) USE OF GRANTS.—Grants awarded under this section may 
be used to support general operations and maintenance, security, 
or special projects. No organization may receive a grant in excess 
of $500,000 in a single year. 
(d) RESPONSBILITIES OF DIRECTOR.—The Director shall— 
(1) establish an application process; 
(2) appoint a review panel of 5 qualified individuals, at least 
a majority of whom reside in the National Capital region; 
and 
(3) develop other program guidelines and definitions as 
required. 
(e) FORD’S THEATER AND WOLF TRAP NATIONAL PARK FOR THE 
PERFORMING ARTS.—The contractual amounts required for the sup-
port of Ford’s Theater and Wolf Trap National Park for the Per-
forming Arts shall be available within the amount provided in 
this section without regard to any other provision of this section. 
§ 102303. National Park System Advisory Board 
(a) DEFINITION.—In this section, the term ‘‘Board’’ means the 
National Park System Advisory Board established under subsection 
(b). 
(b) ESTABLISHMENT
AND
PURPOSE.—There is established a 
National Park System Advisory Board, whose purpose is to advise 
the Director on matters relating to the Service, the System, and 
programs administered by the Service. The Board shall advise 
the Director on matters submitted to the Board by the Director 
as well as any other issues identified by the Board. 
(c) MEMBERSHIP.— 
(1) APPOINTMENT
AND
TERM
OF
OFFICE.—Members of the 
Board shall be appointed on a staggered term basis by the 
Secretary for a term not to exceed 4 years and shall serve 
at the pleasure of the Secretary. 
(2) COMPOSITION.—The Board shall be composed of no more 
than 12 persons, appointed from among citizens of the United 
States having a demonstrated commitment to the mission of 
the Service. Board members shall be selected to represent var-
ious geographic regions, including each of the administrative 
regions of the Service. At least 6 of the members shall have 
outstanding expertise in one or more of the following fields: 
history, archeology, anthropology, historical or landscape 
architecture, biology, ecology, geology, marine science, or social 
science. At least 4 of the members shall have outstanding 
expertise and prior experience in the management of national 
or State parks or protected areas, or natural or cultural 
resources management. The remaining members shall have 
outstanding expertise in one or more of the areas described 
above or in another professional or scientific discipline, such 
as financial management, recreation use management, land 
use planning, or business management, important to the mis-
sion of the Service. At least one individual shall be a locally 
elected official from an area adjacent to a park. 
(3) FIRST MEETING.—The Board shall hold its 1st meeting 
no later than 60 days after the date on which all members 
of the Board who are to be appointed have been appointed. 
(4) VACANCY.—Any vacancy in the Board shall not affect 
its powers, but shall be filled in the same manner in which 
the original appointment was made.
H. R. 1068—63 
(5) COMPENSATION.—All members of the Board shall be 
reimbursed for travel and per diem in lieu of subsistence 
expenses during the performance of duties of the Board while 
away from home or their regular place of business, in accord-
ance with subchapter I of chapter 57 of title 5. With the 
exception of travel and per diem, a member of the Board 
who otherwise is an officer or employee of the United States 
Government shall serve on the Board without additional com-
pensation. 
(d) DUTIES AND POWERS OF BOARD.— 
(1) ADOPT RULES.—The Board may adopt such rules as may 
be necessary to establish its procedures and to govern the 
manner of its operations, organization, and personnel. 
(2) ADVICE AND RECOMMENDATIONS.—The Board shall advise 
the Secretary on matters relating to the System, to other related 
areas, and to the administration of chapter 3201 of this title, 
including matters submitted to it for consideration by the Sec-
retary, but it shall not be required to provide recommendations 
as to the suitability or desirability of surplus real and related 
personal property for use as a historic monument. The Board 
shall also provide recommendations on the designation of 
national historic landmarks and national natural landmarks. 
The Board is strongly encouraged to consult with the major 
scholarly and professional organizations in the appropriate dis-
ciplines in making the recommendations. 
(3) ACTIONS ON REQUEST OF DIRECTOR.—On request of the 
Director, the Board is authorized to— 
(A) hold such hearings and sit and act at such times; 
(B) take such testimony; 
(C) have such printing and binding done; 
(D) enter into such contracts and other arrangements; 
(E) make such expenditures; and 
(F) take such other actions 
as the Board may consider advisable. 
(4) OATHS OR AFFIRMATIONS.—Any member of the Board may 
administer oaths or affirmations to witnesses appearing before 
the Board. 
(5) COMMITTEES AND SUBCOMMITTEES.—The Board may estab-
lish committees or subcommittees. The subcommittees or 
committees shall be chaired by a voting member of the Board. 
(6) USE OF MAILS.—The Board may use the United States 
mails in the same manner and under the same conditions 
as other departments and agencies in the United States. 
(e) STAFF.—The Secretary may hire 2 full-time staffers to meet 
the needs of the Board. 
(f) FEDERAL LAW NOT APPLICABLE TO SERVICE.—Service as a 
member of the Board shall not be deemed service or employment 
bringing the individual within the provisions of any Federal law 
relating to conflicts of interest or otherwise imposing restrictions, 
requirements, or penalties relating to the employment of individ-
uals, the performance of services, or the payment or receipt of 
compensation in connection with claims, proceedings, or matters 
involving the United States. Service as a member or an employee 
of the Board shall not be deemed service in an appointive or 
elective position in the Federal Government for purposes of section 
8344 of title 5 or comparable provisions of Federal law. 
(g) COOPERATION OF FEDERAL AGENCIES.—
H. R. 1068—64 
(1) INFORMATION.—The Board may secure directly from any 
office, department, agency, establishment, or instrumentality 
of the Federal Government such information as the Board 
may require for the purpose of this section, and each office, 
department, agency, establishment, or instrumentality shall 
furnish, to the extent permitted by law, the information, sugges-
tions, estimates, and statistics directly to the Board, on request 
made by a member of the Board. 
(2) FACILITIES AND SERVICES.—On request of the Board, the 
head of any Federal department, agency, or instrumentality 
may make any of the facilities and services of the department, 
agency, or instrumentality available to the Board, on a nonreim-
bursable basis, to assist the Board in carrying out its duties 
under this section. 
(h) FEDERAL ADVISORY COMMITTEE ACT.—The Federal Advisory 
Committee Act (5 U.S.C. App.), with the exception of section 14(b), 
applies to the Board. 
(i) TERMINATION.—The Board continues to exist until January 
1, 2010. 
§ 102304. National Park Service Advisory Council 
(a) DEFINITIONS.—In this section: 
(1) BOARD.—The term ‘‘Board’’ means the National Park 
System Advisory Board established under section 102303 of 
this title. 
(2) COUNCIL.—The term ‘‘Council’’ means the National Park 
Service Advisory Council established under subsection (b). 
(b) ESTABLISHMENT
AND
PURPOSE.—There is established a 
National Park Service Advisory Council that shall provide advice 
and counsel to the Board. 
(c) MEMBERSHIP.— 
(1) ELIGIBILITY.—Membership on the Council shall be limited 
to individuals whose term on the Board has expired. Those 
individuals may serve as long as they remain active except 
that not more than 12 members may serve on the Council 
at any one time. 
(2) COMPENSATION.—Members of the Council shall receive 
no salary but may be paid expenses incidental to travel when 
engaged in discharging their duties as members. 
(d) VOTING RESTRICTION.—Members of the Council shall not have 
a vote on the Board. 
Chapter 1025—Museums 
Sec. 
102501.
Purpose. 
102502.
Definition of museum object. 
102503.
Authority of Secretary. 
102504.
Review and approval. 
§ 102501. Purpose 
The purpose of this chapter is to increase the public benefits 
from museums established within System units as a means of 
informing the public concerning the areas and preserving valuable 
objects and relics relating to the areas. 
§ 102502. Definition of museum object 
In this chapter:
H. R. 1068—65 
(1) IN GENERAL.—The term ‘‘museum object’’ means an object 
that— 
(A) typically is movable; and 
(B) is eligible to be, or is made part of, a museum, 
library, or archive collection through a formal procedure, 
such as accessioning. 
(2) INCLUSIONS.—The term ‘‘museum object’’ includes a pre-
historic or historic artifact, work of art, book, document, photo-
graph, or natural history specimen. 
§ 102503. Authority of Secretary 
(a) IN GENERAL.—Notwithstanding other provisions or limitations 
of law, the Secretary may perform the functions described in this 
section in the manner that the Secretary considers to be in the 
public interest. 
(b) DONATIONS AND BEQUESTS.—The Secretary may accept dona-
tions and bequests of money or other personal property, and hold, 
use, expend, and administer the money or other personal property 
for purposes of this chapter. 
(c) PURCHASES.—The Secretary may purchase museum objects 
and other personal property at prices that the Secretary considers 
to be reasonable. 
(d) EXCHANGES.—The Secretary may make exchanges by 
accepting museum objects and other personal property and by 
granting in exchange for the museum objects or other personal 
property museum property under the administrative jurisdiction 
of the Secretary that no longer is needed or that may be held 
in duplicate among the museum properties administered by the 
Secretary. Exchanges shall be consummated on a basis that the 
Secretary considers to be equitable and in the public interest. 
(e) ACCEPTANCE OF LOANS OF PROPERTY.—The Secretary may 
accept the loan of museum objects and other personal property 
and pay transportation costs incidental to the museum objects 
or other personal property. Loans shall be accepted on terms and 
conditions that the Secretary considers necessary. 
(f) LOANS OF PROPERTY.—The Secretary may loan to responsible 
public or private organizations, institutions, or agencies, without 
cost to the United States, such museum objects and other personal 
property as the Secretary shall consider advisable. Loans shall 
be made on terms and conditions that the Secretary considers 
necessary to protect the public interest in those properties. 
(g) TRANSFER OF MUSEUM OBJECTS.—The Secretary may transfer 
museum objects that the Secretary determines are no longer needed 
for museum purposes to qualified Federal agencies, including the 
Smithsonian Institution, that have programs to preserve and inter-
pret cultural or natural heritage, and accept the transfer of museum 
objects for the purposes of this chapter from any other Federal 
agency, without reimbursement. The head of any other Federal 
agency may transfer, without reimbursement, museum objects 
directly to the administrative jurisdiction of the Secretary for the 
purpose of this chapter. 
(h) CONVEYANCE
OF MUSEUM OBJECTS.—The Secretary may 
convey museum objects that the Secretary determines are no longer 
needed for museum purposes, without monetary consideration but 
subject to such terms and conditions as the Secretary considers 
necessary, to private institutions exempt from Federal taxation 
under section 501(c)(3) of the Internal Revenue Code of 1986 (26
H. R. 1068—66 
U.S.C. 501(c)(3)) and to non-Federal governmental entities if the 
Secretary determines that the recipient is dedicated to the preserva-
tion and interpretation of natural or cultural heritage and is quali-
fied to manage the property, prior to any conveyance under this 
subsection and subsection (g). 
(i) DESTRUCTION
OF MUSEUM OBJECTS.—The Secretary may 
destroy or cause to be destroyed museum objects that the Secretary 
determines to have no scientific, cultural, historic, educational, 
esthetic, or monetary value. 
§ 102504. Review and approval 
The Secretary shall ensure that museum objects are treated in 
a careful and deliberate manner that protects the public interest. 
Prior to taking any action under subsection (g), (h), or (i) of section 
102503 of this title, the Secretary shall establish a systematic 
review and approval process, including consultation with appro-
priate experts, that meets the highest standards of the museum 
profession for all actions taken under those subsections. 
Chapter 1027—Law Enforcement and 
Emergency Assistance 
Subchapter I—Law Enforcement 
Sec. 
102701.
Law enforcement personnel within System. 
102702.
Crime prevention assistance. 
Subchapter II—Emergency Assistance 
102711.
Authority of Secretary to use applicable appropriations for the System to 
render assistance to nearby law enforcement and fire prevention agen-
cies and for related activities outside the System. 
102712.
Aid to visitors, grantees, permittees, or licensees in emergencies. 
Subchapter I—Law Enforcement 
§ 102701. Law enforcement personnel within System 
(a) OFFICERS
AND EMPLOYEES
OF
THE DEPARTMENT
OF
THE 
INTERIOR.— 
(1) DESIGNATION AUTHORITY OF SECRETARY.—The Secretary, 
pursuant to standards prescribed in regulations by the Sec-
retary, may designate certain officers or employees of the 
Department of the Interior who shall maintain law and order 
and protect individuals and property within System units. 
(2) POWERS AND DUTIES OF DESIGNEES.—In the performance 
of the duties described in paragraph (1), the designated officers 
or employees may— 
(A) carry firearms; 
(B) make arrests without warrant for any offense against 
the United States committed in the presence of the officer 
or employee, or for any felony cognizable under the laws 
of the United States if the officer or employee has reason-
able grounds to believe that the individual to be arrested 
has committed or is committing the felony, provided the 
arrests occur within the System or the individual to be 
arrested is fleeing from the System to avoid arrest; 
(C) execute any warrant or other process issued by a 
court or officer of competent jurisdiction for the enforcement 
of the provisions of any Federal law or regulation issued
H. R. 1068—67 
pursuant to law arising out of an offense committed in 
the System or, where the individual subject to the warrant 
or process is in the System, in connection with any Federal 
offense; and 
(D) conduct investigations of offenses against the United 
States committed in the System in the absence of investiga-
tion of the offenses by any other Federal law enforcement 
agency having investigative jurisdiction over the offense 
committed or with the concurrence of the other agency. 
(b) SPECIAL POLICE OFFICERS.— 
(1) IN GENERAL.—The Secretary may designate officers and 
employees of any other Federal agency, or law enforcement 
personnel of a State or political subdivision of a State, when 
determined to be economical and in the public interest and 
with the concurrence of that agency, State, or subdivision, 
to— 
(A) act as special police officers in System units when 
supplemental law enforcement personnel may be needed; 
and 
(B) exercise the powers and authority provided by sub-
paragraphs (A) to (D) of subsection (a)(2). 
(2) COOPERATION WITH STATES AND POLITICAL SUBDIVISIONS.— 
The Secretary may— 
(A) cooperate, within the System, with any State or polit-
ical subdivision of a State in the enforcement of supervision 
of the laws or ordinances of that State or subdivision; 
(B) mutually waive, in any agreement pursuant to 
subparagraph (A) and paragraph (1) or pursuant to sub-
paragraphs (A) and (B) of subsection (a)(2) with any State 
or political subdivision of a State where State law requires 
the waiver and indemnification, all civil claims against 
all the other parties to the agreement and, subject to avail-
able appropriations, indemnify and save harmless the other 
parties to the agreement from all claims by third parties 
for property damage or personal injury, that may arise 
out of the parties’ activities outside their respective jurisdic-
tions under the agreement; and 
(C) provide limited reimbursement, to a State or political 
subdivisions of a State, in accordance with such regulations 
as the Secretary may prescribe, where the State has ceded 
concurrent legislative jurisdiction over the affected area 
of the System, for expenditures incurred in connection with 
its activities within the System that were rendered pursu-
ant to paragraph (1). 
(3) SUPPLEMENTAL AUTHORITY; DELEGATION OF SERVICE LAW 
ENFORCEMENT RESPONSIBILITIES NOT AUTHORIZED.—Paragraphs 
(1) and (2) supplement the law enforcement responsibilities 
of the Service and do not authorize the delegation of law 
enforcement responsibilities of the Service to State or local 
governments. 
(4) 
SPECIAL
POLICE
OFFICERS
NOT
DEEMED
FEDERAL 
EMPLOYEES.— 
(A) IN GENERAL.—Except as otherwise provided in this 
subsection, a law enforcement officer of a State or political 
subdivision of a State designated to act as a special police 
officer under paragraph (1) shall not be deemed a Federal 
employee and shall not be subject to the provisions of
H. R. 1068—68 
law relating to Federal employment, including those 
relating to hours of work, rates of compensation, leave, 
unemployment compensation, and Federal benefits. 
(B) EXCEPTIONS.—A law enforcement officer of a State 
or political subdivision of a State, when acting as a special 
police officer under paragraph (1), is deemed to be— 
(i) a Federal employee for purposes of sections 
1346(b) and 2401(b) and chapter 171 of title 28; and 
(ii) a civil service employee of the United States 
within the meaning of the term ‘‘employee’’ as defined 
in section 8101 of title 5, for purposes of subchapter 
I of chapter 81 of title 5, relating to compensation 
to Federal employees for work injuries, and the provi-
sions of subchapter I of chapter 81 of title 5 shall 
apply. 
(c) FEDERAL INVESTIGATIVE JURISDICTION AND STATE CIVIL AND 
CRIMINAL JURISDICTION NOT PREEMPTED.—This section and sections 
100101(b), 100502, 100507, 100751(b), 100754, 100901(b) and (c), 
100906(a) and (d), 101302(b)(1) and (c) to (e), 101306, 101702(b) 
and (c), 101901, 102102, and 102702 of this title shall not be 
construed or applied to limit or restrict the investigative jurisdiction 
of any Federal law enforcement agency other than the Service, 
and nothing shall be construed or applied to affect any right of 
a State or political subdivision of a State to exercise civil and 
criminal jurisdiction within the System. 
§ 102702. Crime prevention assistance 
(a) RECOMMENDATIONS FOR IMPROVEMENT.—The Secretary shall 
direct the chief official responsible for law enforcement within the 
Service to— 
(1) compile a list of System units with the highest rates 
of violent crime; 
(2) make recommendations concerning capital improvements, 
and other measures, needed within the System to reduce the 
rates of violent crime, including the rate of sexual assault; 
and 
(3) publish the information required by paragraphs (1) and 
(2) in the Federal Register. 
(b) DISTRIBUTION OF FUNDS.—Based on the recommendations and 
list issued pursuant to subsection (a), the Secretary shall distribute 
the funds authorized by subsection (d) throughout the System. 
Priority shall be given to areas with the highest rates of sexual 
assault. 
(c) USE OF FUNDS.—Funds provided under this section may be 
used— 
(1) to increase lighting within or adjacent to System units; 
(2) to provide emergency phone lines to contact law enforce-
ment or security personnel in areas within or adjacent to 
System units; 
(3) to increase security or law enforcement personnel within 
or adjacent to System units; or 
(4) for any other project intended to increase the security 
and safety of System units. 
(d) AUTHORIZATION OF APPROPRIATIONS.—There is authorized to 
be appropriated out of the Violent Crime Reduction Trust Fund 
not more than $10,000,000 for the Secretary to take all necessary
H. R. 1068—69 
actions to seek to reduce the incidence of violent crime in the 
System. 
Subchapter II—Emergency Assistance 
§ 102711. Authority of Secretary to use applicable appropria-
tions for the System to render assistance to 
nearby law enforcement and fire prevention 
agencies and for related activities outside the 
System 
To facilitate the administration of the System, the Secretary 
may use applicable appropriations for the System to render emer-
gency rescue, firefighting, and cooperative assistance to nearby 
law enforcement and fire prevention agencies and for related pur-
poses outside the System. 
§ 102712. Aid to visitors, grantees, permittees, or licensees 
in emergencies 
(a) VISITORS.—The Secretary may aid visitors within a System 
unit in an emergency, when no other source is available for the 
procurement of food or supplies, by the sale, at cost, of food or 
supplies in quantities sufficient to enable the visitors to reach 
safely a point where food or supplies can be purchased. Receipts 
from the sales shall be deposited as a refund to the appropriation 
current at the date of the deposit and shall be available for the 
purchase of similar food or supplies. 
(b) GRANTEES, PERMITTEES, AND LICENSEES.—The Secretary may 
in an emergency, when no other source is available for the imme-
diate procurement of supplies, materials, or special services, aid 
grantees, permittees, or licensees conducting operations for the 
benefit of the public in a System unit by the sale, at cost, including 
transportation and handling, of supplies, materials, or special serv-
ices as may be necessary to relieve the emergency and ensure 
uninterrupted service to the public. Receipts from the sales shall 
be deposited as a refund to the appropriation current at the date 
of the deposit and shall be available for expenditure for System 
unit purposes. 
Chapter 1029—Land Transfers 
Sec. 
102901.
Conveyance of property and interests in property in System units or re-
lated areas. 
§ 102901. Conveyance of property and interests in property 
in System units or related areas 
(a) FREEHOLD AND LEASEHOLD INTERESTS.—With respect to any 
property acquired by the Secretary within a System unit or related 
area, except property within national parks or within national 
monuments of scientific significance, the Secretary may convey 
a freehold or leasehold interest in the property, subject to such 
terms and conditions as will ensure the use of the property in 
a manner that is, in the judgment of the Secretary, consistent 
with the purpose for which the System unit or related area was 
authorized by Congress. The Secretary shall convey the interest 
to the highest bidder, in accordance with such regulations as the