16 U.S.C. § 1a–2 (CONSERVATION)
§ 1a–2. Secretary of the Interior’s authorization of activities
In order to facilitate the administration of the national park system, the Secretary of the Interior is authorized, under such terms and conditions as he may deem advisable, to carry out the following activities:
(a) Transportation
Provide transportation of employees located at isolated areas of the national park system and to members of their families, where (1) such areas are not adequately served by commercial transportation, and (2) such transportation is incidental to official transportation services.
(b) Recreation
Provide recreation facilities, equipment, and services for use by employees and their families located at isolated areas of the national park system.
(c) Advisory committees; compensation and travel expenses
Appoint and establish such advisory committees in regard to the functions of the National Park Service as he may deem advisable, members of which shall receive no compensation for their services as such but who shall be allowed necessary travel expenses as authorized by section 5703 of title 5.
(d) Park equipment purchases
Purchase field and special purpose equipment required by employees for the performance of assigned functions which shall be regarded and listed as park equipment.
(e) Services, resources, or water contracts
Enter into contracts which provide for the sale or lease to persons, States, or their political subdivisions, of services, resources, or water available within an area of the national park system, as long as such activity does not jeopardize or unduly interfere with the primary natural or historic resource of the area involved, if such person, State, or its political subdivision—
(1) provides public accommodations or services within the immediate vicinity of an area of the national park system to persons visiting the area; and
(2) has demonstrated to the Secretary that there are no reasonable alternatives by which to acquire or perform the necessary services, resources, or water.
(f) Vehicular air-conditioning
Acquire, and have installed, air-conditioning units for any Government-owned passenger motor vehicles used by the National Park 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.
(g) Exhibits and demonstrations; sale of products and services; contracts and cooperative arrangements; credits to appropriation
Sell at fair market value without regard to the requirements of chapters 1 to 11 of title 40 and division C (except sections 3302, 3307(e), 3501(b), 3509, 3906, 4710, and 4711) of subtitle I of title 41 products and services produced in the conduct of living exhibits and interpretive demonstrations in areas of the national park system, to enter into contracts including cooperative arrangements with respect to such living exhibits and interpretive demonstrations, and to credit the proceeds therefrom to the appropriation bearing the cost of such exhibits and demonstrations. Sixty percent of the fees paid by permittees for the privilege of entering into Glacier Bay for the period beginning on the first full fiscal year following November 12, 1996, shall be deposited into a special account and that such funds shall be available—
(1) to the extent determined necessary, to acquire and preposition necessary and adequate emergency response equipment to prevent harm or the threat of harm to aquatic park resources from permittees; and
(2) to conduct investigations to quantify any effect of permittees’ activity on wildlife and other natural resource values of Glacier Bay National Park. The investigations provided for in this subsection shall be designed to provide information of value to the Secretary, in determining any appropriate limitations on permittees’ activity in Glacier Bay. The Secretary may not impose any additional permittee operating conditions in the areas of air, water, and oil pollution beyond those determined and enforced by other appropriate agencies. When competitively awarding permits to enter Glacier Bay, the Secretary may take into account the relative impact particular permittees will have on park values and resources, provided that no operating conditions or limitations relating to noise abatement shall be imposed unless the Secretary determines, based on the weight of the evidence from all available studies including verifiable scientific information from the investigations provided for in this subsection, that such limitations or conditions are necessary to protect park values and resources. Fees paid by certain permittees for the privilege of entering into Glacier Bay shall not exceed $5 per passenger. For the purposes of this subsection, “certain permittee” shall mean a permittee which provides overnight accommodations for at least 500 passengers for an itinerary of at least 3 nights, and “permittee” shall mean a concessionaire providing visitor services within Glacier Bay. Nothing in this subsection authorizes the Secretary to require additional categories of permits in, or otherwise increase the number of permits to enter Glacier Bay National Park.
(h) Regulations; promulgation and enforcement
Promulgate and enforce regulations concerning boating and other activities on or relating to waters located within areas of the National Park System, including waters subject to the jurisdiction of the United States: Provided, That any regulations adopted pursuant to this subsection shall be complementary to, and not in derogation of, the authority of the United States Coast Guard to regulate the use of waters subject to the jurisdiction of the United States.
(i) United States Park Police and other National Park Service employees; meals and lodging
Provide meals and lodging, as the Secretary deems appropriate, for members of the United States Park Police and other employees of the National Park Service, as he may designate, serving temporarily on extended special duty in areas of the National Park System, and for this purpose he is authorized to use funds appropriated for the expenses of the Department of the Interior.
(j) Cooperative research and training programs
Enter into cooperative agreements with public or private educational institutions, States, and their political subdivisions, for the purpose of developing adequate, coordinated, cooperative research and training programs concerning the resources of the National Park System, and, pursuant to any such agreements, to accept from and make available to the cooperator such technical and support staff, financial assistance for mutually agreed upon research projects, supplies and equipment, facilities, and administrative services relating to cooperative research units as the Secretary deems appropriate; except that this paragraph shall not waive any requirements for research projects that are subject to the Federal procurement regulations.
(k) Leases
(1) In general
Except as provided in paragraph (2) and subject to paragraph (3), the Secretary may enter into a lease with any person or governmental entity for the use of buildings and associated property administered by the Secretary as part of the National Park System.
(2) Prohibited activities
The Secretary may not use a lease under paragraph (1) to authorize the lessee to engage in activities that are subject to authorization by the Secretary through a concessions contract, commercial use authorization, or similar instrument.
(3) Use
Buildings and associated property leased under paragraph (1)—
(A) shall be used for an activity that is consistent with the purposes established by law for the unit in which the building is located;
(B) shall not result in degradation of the purposes and values of the unit; and
(C) shall be compatible with National Park Service programs.
(4) Rental amounts
(A) In general
With respect to a lease under paragraph (1)—
(i) payment of fair market value rental shall be required; and
(ii) section 1302 of title 40 shall not apply.
(B) Adjustment
The Secretary may adjust the rental amount as appropriate to take into account any amounts to be expended by the lessee for preservation, maintenance, restoration, improvement, or repair and related expenses.
(C) Regulation
The Secretary shall promulgate regulations implementing this subsection that includes provisions to encourage and facilitate competition in the leasing process and provide for timely and adequate public comment.
(5) Special account
(A) Deposits
Rental payments under a lease under paragraph (1) shall be deposited in a special account in the Treasury of the United States.
(B) Availability
Amounts in the special account shall be available until expended, without further appropriation, for infrastructure needs at units of the National Park System, including—
(i) facility refurbishment;
(ii) repair and replacement;
(iii) infrastructure projects associated with park resource protection; and
(iv) direct maintenance of the leased buildings and associated properties.
(C) Accountability and results
The Secretary shall develop procedures for the use of the special account that ensure accountability and demonstrated results consistent with this Act.
(l) Cooperative management agreements
(1) In general
Where a unit of the National Park System is located adjacent to or near a State or local park area, and cooperative management between the National Park Service and a State or local government agency of a portion of either park will allow for more effective and efficient management of the parks, the Secretary may enter into an agreement with a State or local government agency to provide for the cooperative management of the Federal and State or local park areas. The Secretary may not transfer administration responsibilities for any unit of the National Park System under this paragraph.
(2) Provision of goods and services
Under a cooperative management agreement, the Secretary may acquire from and provide to a State or local government agency goods and services to be used by the Secretary and the State or local governmental agency in the cooperative management of land.
(3) Assignment
An assignment arranged by the Secretary under section 3372 of title 5 of a Federal, State, or local employee for work in any Federal, State, or local land or an extension of such an assignment may be for any period of time determined by the Secretary and the State or local agency to be mutually beneficial.
(Pub. L. 91–383, § 3, Aug. 18, 1970, 84 Stat. 826; Pub. L. 94–458, § 1, Oct. 7, 1976, 90 Stat. 1939; Pub. L. 104–333, div. I, title VII, § 703, title VIII, § 818, Nov. 12, 1996, 110 Stat. 4185, 4201; Pub. L. 105–391, title VIII, § 802(a), Nov. 13, 1998, 112 Stat. 3522; Pub. L. 106–176, title I, § 118, Mar. 10, 2000, 114 Stat. 28.)
heading: References in Text
text: This Act, referred to in subsec. (k)(5)(C), means Pub. L. 91–383, Aug. 18, 1970, 84 Stat. 825, as amended, known as the “National Park System General Authorities Act”. As originally enacted, Pub. L. 91–383 contained sections 1 to 4, the first 3 of which enacted sections 1a–1 and 1a–2 and amended sections 1b and 1c of this title. Pub. L. 94–458 amended Pub. L. 91–383 by adding sections 5 to 12, which enacted sections 1a–3 to 1a–7, amended sections 17j, 460n–5, 463, 470a, and 559, and repealed sections 10, 10a, 17b–1, and 415 of this title. Pub. L. 103–322 amended Pub. L. 91–383 by adding section 13, which enacted section 1a–7a of this title. For complete classification of this Act to the Code, see Short Title of 1970 Amendment note set out under section 1 of this title and Tables.
heading: Codification
text: In subsec. (c), “section 5703 of title 5” substituted for “section 5 of the Administrative Expenses Act of 1946 (5 U.S.C. 5703)” on authority of Pub. L. 89–554, § 7(b), Sept. 6, 1966, 80 Stat. 631, the first section of which enacted Title 5, Government Organization and Employees.
In subsec. (g), “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” substituted for “the Federal Property and Administrative Services Act of 1949, as amended,” on authority of Pub. L. 107–217, § 5(c), Aug. 21, 2002, 116 Stat. 1303, which Act enacted Title 40, Public Buildings, Property, and Works, and Pub. L. 111–350, § 6(c), Jan. 4, 2011, 124 Stat. 3854, which Act enacted Title 41, Public Contracts.
“Section 1302 of title 40” substituted in subsec. (k)(4)(A)(ii) for “section 321 of the Act of June 30, 1932 (47 Stat. 412, chapter 314; 40 U.S.C. 303b)” on authority of Pub. L. 107–217, § 5(c), Aug. 21, 2002, 116 Stat. 1303, the first section of which enacted Title 40, Public Buildings, Property, and Works.
heading: Amendments
text: 2000—Subsecs. (a) to (f). Pub. L. 106–176, § 118(2), (3), capitalized the first letter of the first word and substituted a period for the semicolon at end.
Subsec. (g). Pub. L. 106–176, § 118(1), (2), in introductory provisions, capitalized the first letter of the first word and substituted a period for the semicolon after “such exhibits and demonstrations”.
Subsec. (h). Pub. L. 106–176, § 118(2), (3), capitalized the first letter of the first word and substituted a period for the semicolon at end.
Subsec. (i). Pub. L. 106–176, § 118(2), (4), capitalized the first letter of the first word and substituted a period for “; and” at end.
Subsec. (j). Pub. L. 106–176, § 118(5), realigned margins.
1998—Subsecs. (k), (l). Pub. L. 105–391 added subsecs. (k) and (l).
1996—Subsec. (g). Pub. L. 104–333, § 703, inserted provisions relating to Glacier Bay and substituted “interpretive demonstrations” for “interpretive demonstrations and park programs”.
Subsec. (j). Pub. L. 104–333, § 818, added subsec. (j).
1976—Subsec. (e). Pub. L. 94–458, § 1(1), inserted provision requiring Secretary to consider impact on primary natural and historic resources of an area before entering into contracts.
Subsecs. (h), (i). Pub. L. 94–458, § 1(2), added subsecs. (h) and (i).
heading: Transfer of Functions
text: For transfer of authorities, functions, personnel, and assets of the Coast Guard, including the authorities and functions of the Secretary of Transportation relating thereto, to the Department of Homeland Security, and for treatment of related references, see sections 468(b), 551(d), 552(d), and 557 of Title 6, Domestic Security, and the Department of Homeland Security Reorganization Plan of November 25, 2002, as modified, set out as a note under section 542 of Title 6.
heading: Termination of Advisory Committees
text: Advisory committees in existence on Jan. 5, 1973, to terminate not later than the expiration of the 2-year period following Jan. 5, 1973, unless, in the case of a committee established by the President or an officer of the Federal Government, such committee is renewed by appropriate action prior to the expiration of such 2-year period, or in the case of a committee established by the Congress, its duration is otherwise provided by law. See section 14 of Pub. L. 92–463, Oct. 6, 1972, 86 Stat. 776, set out in the Appendix to Title 5, Government Organization and Employees.