dreamproit/uscode huggingface dataset:
16 U.S.C. § 19l (CONSERVATION)
§ 19l. Tax exemptions; contributions toward costs of local government; contributions, gifts, or transfers to or for use of United States
The Foundation and any income or property received or owned by it, and all transactions relating to such income or property, shall be exempt from all Federal, State, and local taxation with respect thereto. The Foundation may, however, in the discretion of its directors, contribute toward the costs of local government in amounts not in excess of those which it would be obligated to pay such government if it were not exempt from taxation by virtue of the foregoing or by virtue of its being a charitable and nonprofit corporation and may agree so to contribute with respect to property transferred to it and the income derived therefrom if such agreement is a condition of the transfer. Contributions, gifts, and other transfers made to or for the use of the Foundation shall be regarded as contributions, gifts, or transfers to or for the use of the United States.
(Pub. L. 90–209, § 8, Dec. 18, 1967, 81 Stat. 657.)
16 U.S.C. § 19n (CONSERVATION)
§ 19n. Omitted
heading: Codification
text: Section, Pub. L. 90–209, § 10, Dec. 18, 1967, 81 Stat. 657, which required the National Park Foundation to transmit to Congress an annual report of its proceedings and activities, including a full and complete statement of its receipts, expenditures, and investments, terminated, effective May 15, 2000, pursuant to section 3003 of Pub. L. 104–66, as amended, set out as a note under section 1113 of Title 31, Money and Finance. See, also, page 204 of House Document No. 103–7.
16 U.S.C. § 19o (CONSERVATION)
§ 19o. Promotion of local fundraising support
(a) Establishment
The Foundation shall design and implement a comprehensive program to assist and promote philanthropic programs of support at the individual national park unit level.
(b) Implementation
The program under subsection (a) of this section shall be implemented to—
(1) assist in the creation of local nonprofit support organizations; and
(2) provide support, national consistency, and management-improving suggestions for local nonprofit support organizations.
(c) Program
The program under subsection (a) of this section shall include the greatest number of national park units as is practicable.
(d) Requirements
The program under subsection (a) of this section shall include, at a minimum—
(1) a standard adaptable organizational design format to establish and sustain responsible management of a local nonprofit support organization for support of a national park unit;
(2) standard and legally tenable bylaws and recommended money-handling procedures that can easily be adapted as applied to individual national park units; and
(3) a standard training curriculum to orient and expand the operating expertise of personnel employed by local nonprofit support organizations.
(e) Annual report
The Foundation shall report the progress of the program under subsection (a) of this section in the annual report of the Foundation.
(f) Affiliations
(1) Charter or corporate bylaws
Nothing in this section requires—
(A) a nonprofit support organization or friends group to modify current practices or to affiliate with the 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 Foundation.
(2) Establishment
An affiliation with the Foundation shall be established only at the discretion of the governing board of a nonprofit organization.
(Pub. L. 90–209, § 11, as added Pub. L. 105–391, title VII, § 701, Nov. 13, 1998, 112 Stat. 3520.)
16 U.S.C. § 19aa to 19gg (CONSERVATION)
§§ 19aa to 19gg. Omitted
heading: Codification
text: Sections 19aa to 19gg were omitted pursuant to section 19gg which provided that all authorities contained in this subchapter expired Sept. 30, 1989.
Section 19aa, Pub. L. 97–433, § 2, Jan. 8, 1983, 96 Stat. 2277, defined terms for purposes of this subchapter.
Section 19bb, Pub. L. 97–433, § 3, Jan. 8, 1983, 96 Stat. 2277, established in United States Treasury the National Park System Visitor Facilities Fund and provided for funds to be credited to that Fund.
Section 19cc, Pub. L. 97–433, § 4, Jan. 8, 1983, 96 Stat. 2277, authorized appropriations to be made available to National Park Foundation to carry out its functions under this subchapter.
Section 19dd, Pub. L. 97–433, § 5, Jan. 8, 1983, 96 Stat. 2278, related to administration of Fund projects and required Foundation to include in its annual report a description of projects undertaken and accomplishments made under this subchapter.
Section 19ee, Pub. L. 97–433, § 6, Jan. 8, 1983, 96 Stat. 2278, related to authority of National Park Foundation.
Section 19ff, Pub. L. 97–433, § 7, Jan. 8, 1983, 96 Stat. 2279, provided that nothing in this subchapter affect responsibilities of Secretary of the Interior under other provisions of law.
Section 19gg, Pub. L. 97–433, § 8, Jan. 8, 1983, 96 Stat. 2279, provided that authorities contained in this subchapter expire Sept. 30, 1989, and that any moneys credited to Fund not appropriated, expended, or obligated be transferred to miscellaneous receipts of the Treasury.
heading: Short Title
text: Section 1 of Pub. L. 97–433 provided that this subchapter be cited as the “National Park System Visitor Facilities Fund Act”.
16 U.S.C. § 19jj (CONSERVATION)
§ 19jj. Definitions
As used in this subchapter the term:
(a) “Attorney General” means the Attorney General of the United States.
(b) “Damages” includes the following:
(1) Compensation for—
(A)
(i) the cost of replacing, restoring, or acquiring the equivalent of a park system resource; and
(ii) the value of any significant loss of use of a park system resource pending its restoration or replacement or the acquisition of an equivalent resource; or
(B) the value of the park system resource in the event the resource cannot be replaced or restored.
(2) The cost of damage assessments under section 19jj–2(b) of this title.
(c) “Response costs” means the costs of actions taken by the Secretary of the Interior to prevent or minimize destruction or loss of or injury to park system resources; or to abate or minimize the imminent risk of such destruction, loss, or injury; or to monitor ongoing effects of incidents causing such destruction, loss, or injury.
(d) “Park system resource” means any living or non-living resource that is located within the boundaries of a unit of the National Park System, except for resources owned by a non-Federal entity.
(e) “Regimen” means a water column and submerged lands, up to the high-tide or high-water line.
(f) “Secretary” means the Secretary of the Interior.
(g) “Marine or aquatic park system resource” means any living or non-living part of a marine or aquatic regimen within or is a living part of a marine or aquatic regimen within the boundaries of a unit of the National Park System, except for resources owned by a non-Federal entity.
(Pub. L. 101–337, § 1, July 27, 1990, 104 Stat. 379; Pub. L. 104–333, div. I, title VIII, § 814(h)(1), (2), Nov. 12, 1996, 110 Stat. 4199.)
heading: Amendments
text: 1996—Subsec. (d). Pub. L. 104–333, § 804(h)(1), amended subsec. (d) generally. Prior to amendment, subsec. (d) read as follows: “ ‘Park system resource’ means any living or nonliving resource that is located within or is a living part of a marine regimen or a Great Lakes aquatic regimen (including an aquatic regimen within Voyageurs National Park) within the boundaries of a unit of the National Park System, except for resources owned by a non-Federal entity.”
Subsec. (g). Pub. L. 104–333, § 814(h)(2), added subsec. (g).
16 U.S.C. § 19jj–1 (CONSERVATION)
§ 19jj–1. Liability
(a) In general
Subject to subsection (c) of this section, any person who destroys, causes the loss of, or injures any park system resource is liable to the United States for response costs and damages resulting from such destruction, loss, or injury.
(b) Liability in rem
Any instrumentality, including but not limited to a vessel, vehicle, aircraft, or other equipment that destroys, causes the loss of, or injures any park system resource or any marine or aquatic park resource shall be liable in rem to the United States for response costs and damages resulting from such destruction, loss, or injury to the same extent as a person is liable under subsection (a) of this section.
(c) Defenses
A person is not liable under this section if such person can establish that—
(1) the destruction, loss of, or injury to the park system resource was caused solely by an act of God or an act of war;
(2) such person acted with due care, and the destruction, loss of, or injury to the park system resource was caused solely by an act or omission of a third party, other than an employee or agent of such person; or
(3) the destruction, loss, or injury to the park system resource was caused by an activity authorized by Federal or State law.
(d) Scope
The provisions of this section shall be in addition to any other liability which may arise under Federal or State law.
(Pub. L. 101–337, § 2, July 27, 1990, 104 Stat. 379; Pub. L. 104–333, div. I, title VIII, § 814(h)(3), Nov. 12, 1996, 110 Stat. 4199; Pub. L. 106–176, title I, § 120(c), Mar. 10, 2000, 114 Stat. 29.)
heading: Amendments
text: 2000—Subsec. (b). Pub. L. 106–176 inserted “or” after “park system resource”.
1996—Subsec. (b). Pub. L. 104–333 inserted “any marine or aquatic park resource” after “any park system resource”.
16 U.S.C. § 19jj–2 (CONSERVATION)
§ 19jj–2. Actions
(a) Civil actions for response costs and damages
The Attorney General, upon request of the Secretary after a finding by the Secretary—
(1) of damage to a park system resource; or
(2) that absent the undertaking of response costs, damage to a park system resource would have occurred;
may commence a civil action in the United States district court for the appropriate district against any person who may be liable under section 19jj–1 of this title for response costs and damages. The Secretary shall submit a request for such an action to the Attorney General whenever a person may be liable or an instrumentality may be liable in rem for such costs and damages as provided in section 19jj–1 of this title.
(b) Response actions and assessment of damages
(1) The Secretary shall undertake all necessary actions to prevent or minimize the destruction, loss of, or injury to park system resources, or to minimize the imminent risk of such destruction, loss, or injury.
(2) The Secretary shall assess and monitor damages to park system resources.
(Pub. L. 101–337, § 3, July 27, 1990, 104 Stat. 380.)
16 U.S.C. § 19jj–3 (CONSERVATION)
§ 19jj–3. Use of recovered amounts
Response costs and damages recovered by the Secretary under the provisions of this subchapter or amounts recovered by the Federal Government under any Federal, State, or local law or regulation or otherwise as a result of damage to any living or nonliving resource located within a unit of the National Park System, except for damage to resources owned by a non-Federal entity, shall be available to the Secretary and without further congressional action may be used only as follows:
(a) Response costs and damage assessments
To reimburse response costs and damage assessments by the Secretary or other Federal agencies as the Secretary deems appropriate.
(b) Restoration and replacement
To restore, replace, or acquire the equivalent of resources which were the subject of the action and to monitor and study such resources: Provided, That no such funds may be used to acquire any lands or waters or interests therein or rights thereto unless such acquisition is specifically approved in advance in appropriations Acts and any such acquisition shall be subject to any limitations contained in the organic legislation for such park unit.
(c) Excess funds
Any amounts remaining after expenditures pursuant to subsections (a) and (b) of this section shall be deposited into the General Fund of the United States Treasury.
(Pub. L. 101–337, § 4, July 27, 1990, 104 Stat. 380; Pub. L. 103–437, § 6(d)(3), Nov. 2, 1994, 108 Stat. 4583.)
heading: Codification
text: Subsection (d), which required the Secretary to report annually to the Committee on Appropriations and the Committee on Energy and Natural Resources of the United States Senate and the Committee on Appropriations and the Committee on Natural Resources of the United States House of Representatives on funds expended pursuant to this subchapter, terminated, effective May 15, 2000, pursuant to section 3003 of Pub. L. 104–66, as amended, set out as a note under section 1113 of Title 31, Money and Finance. See, also, page 111 of House Document No. 103–7.
heading: Amendments
text: 1994—Subsec. (d). Pub. L. 103–437 substituted “Natural Resources” for “Interior and Insular Affairs” after “Committee on”.
16 U.S.C. § 19jj–4 (CONSERVATION)
§ 19jj–4. Donations
The Secretary may accept donations of money or services for expenditure or employment to meet expected, immediate, or ongoing response costs. Such donations may be expended or employed at any time after their acceptance, without further congressional action.
(Pub. L. 101–337, § 5, July 27, 1990, 104 Stat. 381.)
16 U.S.C. § 20 to 20g (CONSERVATION)
§§ 20 to 20g. Repealed. Pub. L. 105–391, title IV, § 415(a), Nov. 13, 1998, 112 Stat. 3515
text: Section 20, Pub. L. 89–249, § 1, Oct. 9, 1965, 79 Stat. 969, related to congressional findings and statement of purpose.
text: Section 20a, Pub. L. 89–249, § 2, Oct. 9, 1965, 79 Stat. 969, related to authority of Secretary of the Interior to encourage concessioners.
text: Section 20b, Pub. L. 89–249, § 3, Oct. 9, 1965, 79 Stat. 969, related to protection of concessioner’s investment.
text: Section 20c, Pub. L. 89–249, § 4, Oct. 9, 1965, 79 Stat. 970, related to new or additional services, preferential rights, and operations by a single concessioner.
text: Section 20d, Pub. L. 89–249, § 5, Oct. 9, 1965, 79 Stat. 970, related to renewal preference for satisfactory performance, extensions, new contracts, and public notice.
text: Section 20e, Pub. L. 89–249, § 6, Oct. 9, 1965, 79 Stat. 970, related to concessioner’s possessory interest in concession property, limitations, compensation for taking, and determination of just compensation.
text: Section 20f, Pub. L. 89–249, § 7, Oct. 9, 1965, 79 Stat. 971, related to use of non-monetary consideration in leases of government property.
text: Section 20g, Pub. L. 89–249, § 9, Oct. 9, 1965, 79 Stat. 971, related to recordkeeping, audit and examination, and access to books and records.
text: Sections 20 to 20g were popularly known as the National Park System Concessions Policy Act. For similar provisions, see section 5951 et seq. of this title.
heading: Repeal of National Park Service Concessions Policy Act; Savings Provision
text: Pub. L. 105–391, title IV, § 415(a), Nov. 13, 1998, 112 Stat. 3515, provided that: “Public Law 89–249 (commonly known as the National Park Service Concessions Policy Act; 16 U.S.C. 20 et seq.) is repealed. The repeal of such Act shall not affect the validity of any concessions contract or permit entered into under such Act, but the provisions of this title [see Short Title note set out under section 5901 of this title] shall apply to any such contract or permit except to the extent such provisions are inconsistent with the terms and conditions of any such contract or permit. References in this title to concessions contracts awarded under authority of such Act also apply to concessions permits awarded under such authority.”
16 U.S.C. § 21 (CONSERVATION)
§ 21. Establishment; boundaries; trespassers
The tract of land in the States of Montana and Wyoming, lying near the headwaters of the Yellowstone River and described as follows, to wit, commencing at the junction of Gardiner’s River, with the Yellowstone River, and running east to the meridian passing ten miles to the eastward of the most eastern point of Yellowstone Lake; thence south along said meridian to the parallel of latitude passing ten miles south of the most southern point of Yellowstone Lake; thence west along said parallel to the meridian passing fifteen miles west of the most western point of Madison Lake; thence north along said meridian to the latitude of the junction of the Yellowstone and Gardiner’s Rivers; thence east to the place of beginning, is reserved and withdrawn from settlement, occupancy, or sale under the laws of the United States, and dedicated and set apart as a public park or pleasuring ground for the benefit and enjoyment of the people; and all persons who locate, or settle upon, or occupy any part of the land thus set apart as a public park, except as provided in section 22 of this title, shall be considered trespassers and removed therefrom.
(R.S. § 2474.)
heading: Codification
text: R.S. § 2474 derived from act Mar. 1, 1872, ch. 24, § 1, 17 Stat. 32.
16 U.S.C. § 21b (CONSERVATION)
§ 21b. Extension of certain laws to park
The provisions of section 21 of this title, reserving lands for park purposes, the Act of July 10, 1890 admitting the State of Wyoming into the Union, and sections 1, 2, 3, 4, 24, 26, 30 and 30a of this title and all Acts supplementary to and amendatory of said sections are made applicable to and extended over the lands added to the park: Provided, That the provisions of the Federal Power Act [16 U.S.C. 791a et seq.] shall not apply to or extend over such lands.
(Mar. 1, 1929, ch. 437, § 2, 45 Stat. 1436.)
heading: References in Text
text: The Federal Power Act, referred to in text, was in the original the “Act of June 10, 1920, entitled ‘An Act to create a Federal Power Commission, to provide for the improvement of navigation, the development of water power, the use of the public lands in relation thereto, and to repeal section 18 of the River and Harbor Appropriation Act, approved August 8, 1917, and for other purposes,’ ” and was redesignated the Federal Power Act by section 791a of this title. The Federal Power Act is act June 10, 1920, ch. 285, 41 Stat. 1063, as amended, and is classified generally to chapter 12 (§ 791a et seq.) of this title. For complete classification of this Act to the Code, see section 791a of this title and Tables.
16 U.S.C. § 21d (CONSERVATION)
§ 21d. Existing claims, locations, and entries as affected by revised boundaries
Nothing herein contained shall affect any valid existing claim, location, or entry under the land laws of the United States, whether for homestead, mineral right of way, or any other purposes whatsoever, or shall affect the right of any such claimant, locator, or entryman to the full use and enjoyment of his land.
(Mar. 1, 1929, ch. 437, § 4, 45 Stat. 1436.)
heading: References in Text
text: Herein, referred to in text, means act Mar. 1, 1929, which is classified to sections 21a to 21d of this title. For complete classification of this Act to the Code, see Tables.
16 U.S.C. § 22 (CONSERVATION)
§ 22. Control of park by Secretary of the Interior; removal of trespassers
The Yellowstone National Park shall be under the exclusive control of the Secretary of the Interior. In addition to the powers and duties enumerated in section 3 of this title not inconsistent with this section, he shall make regulations providing for the preservation, from injury or spoliation, of all timber, mineral deposits, natural curiosities, or wonders, within the park, and their retention in their natural condition. The Secretary may, in his discretion, grant leases for building purposes for terms not exceeding thirty years, of small parcels of ground, at such places in the park as may require the erection of buildings for the accommodation of visitors. He shall provide against the wanton destruction of the fish and game found within the park, and against their capture or destruction for the purposes of merchandise or profit. He shall also cause all persons trespassing upon the same to be removed therefrom, and generally is authorized to take all such measures as may be necessary or proper to fully carry out the objects and purposes of this section.
(R.S. § 2475; Aug. 25, 1916, ch. 408, § 3, 39 Stat. 535; Pub. L. 85–434, May 29, 1958, 72 Stat. 152.)
heading: Codification
text: R.S. § 2475 derived from act Mar. 1, 1872, ch. 24, § 2, 17 Stat. 33.
The words “whose duty it shall be, as soon as practicable, to make and publish such regulations as he may deem necessary or proper for the care and management of the same” were omitted from the end of the first sentence as executed legislation.
The words “In addition to the powers and duties enumerated in section 3 of this title not inconsistent with this section” were added to relate this section to later law, defining the duties of the Secretary of the Interior as to national parks.
“Thirty years” was substituted for “ten years” in view of section 3 of act Aug. 25, 1916, and act May 29, 1958, which authorized the Secretary to grant privileges, leases, and permits in the various parks for periods not exceeding thirty years. See section 3 of this title.
As originally enacted, this section also contained a provision that “all of the proceeds of such leases, and all other revenues that may be derived from any source connected with the park, to be expended under his [Secretary of the Interior] direction in the management of the same, and the construction of roads and bridlepaths therein.” This provision was superseded by section 452 of this title providing for the disposition of all revenues from national parks.
16 U.S.C. § 23 (CONSERVATION)
§ 23. Detail of troops for protection of park
The Secretary of the Army, upon the request of the Secretary of the Interior, is authorized and directed to make the necessary details of troops to prevent trespassers or intruders from entering the park for the purpose of destroying the game or objects of curiosity therein, or for any other purpose prohibited by law, and to remove such persons from the park if found therein.
(Mar. 3, 1883, ch. 143, 22 Stat. 627; July 26, 1947, ch. 343, title II, § 205(a), 61 Stat. 501.)
heading: Change of Name
text: Department of War designated Department of the Army and title of Secretary of War changed to Secretary of the Army by section 205(a) of act July 26, 1947, ch. 343, title II, 61 Stat. 501. Section 205(a) of act July 26, 1947, was repealed by section 53 of act Aug. 10, 1956, ch. 1041, 70A Stat. 641. Section 1 of act Aug. 10, 1956, enacted “Title 10, Armed Forces” which in sections 3010 to 3013 continued military Department of the Army under administrative supervision of Secretary of the Army.