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54 U.S.C. § 100755 (NATIONAL PARK SERVICE AND RELATED PROGRAMS)
§ 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.
(Pub. L. 113–287, § 3, Dec. 19, 2014, 128 Stat. 3112.)
text: Historical and Revision Notes
Revised
Section
Source (U.S. Code)
Source (Statutes at Large)
100755
16 U.S.C. 1c(b).
Aug. 8, 1953, ch. 384, § 2(b), 67 Stat. 496; Pub. L. 91–383, § 2(b), Aug. 18, 1970, 84 Stat. 826.
In subsection (a), the words “reference in such Act” are interpreted to mean “reference in such Acts” for clarity.
In subsection (b)(1), the words “relating to donation of land and money”, “relating to roads and trails”, “relating to approach roads to national monuments”, “relating to conveyance of roads to States”, “relating to acquisitions of inholdings”, and “relating to aid to visitors in emergencies” are omitted as unnecessary. The words “the Act of March 3, 1905 (33 Stat. 873; 16 U.S.C. 10), relating to arrests” are omitted because the Act was repealed by section 10(a)(2) of the Act of August 18, 1970 (known as the National Park System General Authorities Act) (Public Law 91–383), as added by section 2 of the Act of October 7, 1976 (Public Law 94–458, 90 Stat. 1941). The words “relating to services or other accommodations for the public, emergency supplies and services to concessioners, acceptability of travelers checks, care and removal of indigents” are omitted as unnecessary. The words “the Act of October 9, 1965 (79 Stat. 696; 16 U.S.C. 20–20g), relating to concessions” are omitted because the Act was repealed by section 415(a) of the National Parks Omnibus Management Act of 1998 (Public Law 105–391, 112 Stat. 3515).
In subsection (b)(2), the words “relating to rights of way” are omitted as unnecessary.
Subsection (b)(3) is added for clarity because many of the laws that established a System unit provided that the Secretary, in addition to administering the unit in accordance with the Act of August 25, 1916 (16 U.S.C. 1, 3, 3, and 4) and with laws generally applicable to System units, administer the unit in accordance with the Act of August 21, 1935 (16 U.S.C. 461 to 467).
54 U.S.C. § 100903 (NATIONAL PARK SERVICE AND RELATED PROGRAMS)
§ 100903. Solid waste disposal operations
(a) In General 1 —
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.
(Pub. L. 113–287, § 3, Dec. 19, 2014, 128 Stat. 3115.)
text: Historical and Revision Notes
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Section
Source (U.S. Code)
Source (Statutes at Large)
100903
16 U.S.C. 460l–22(c).
Pub. L. 90–401, § 5(c), as added Pub. L. 98–506, § 2, Oct. 19, 1984, 98 Stat. 2338.
54 U.S.C. § 100906 (NATIONAL PARK SERVICE AND RELATED PROGRAMS)
§ 100906. Advisory committees
(a) Establishment.—
To facilitate the administration of the System, the Secretary, under such terms and conditions as the Secretary may consider advisable, may appoint and establish advisory committees in regard to the functions of the Service as the Secretary considers advisable.
(b) Charter Exception On Renewal.—
Section 14(b) of the Federal Advisory Committee Act (5 U.S.C. App.) is waived with respect to any 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.
(c) Service of Members.—
Any member of any advisory commission or advisory committee established in connection with any System unit may serve after the expiration of the member’s term until a successor is 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.
(Pub. L. 113–287, § 3, Dec. 19, 2014, 128 Stat. 3118.)
text: Historical and Revision Notes
Revised
Section
Source (U.S. Code)
Source (Statutes at Large)
100906(a)
16 U.S.C. 1a–2 (matter before (a), (c) (words before comma).
Pub. L. 91–383, § 3 (matter before (a)), (c), Aug. 18, 1970, 84 Stat. 826; Pub. L. 106–176, title I, § 118(2), (3), Mar. 10, 2000, 114 Stat. 28.
100906(b), (c)
16 U.S.C. 1a–14.
Pub. L. 102–525, title III, § 301, Oct. 26, 1992, 106 Stat. 3441.
100906(d)
16 U.S.C. 1a–2(c) (words after comma).
heading: References in Text
text: Section 14 of the Federal Advisory Committee Act, referred to in subsec. (b), is section 14 of Pub. L. 92–463, which is set out in the Appendix to Title 5, Government Organization and Employees.
54 U.S.C. § 101102 (NATIONAL PARK SERVICE AND RELATED PROGRAMS)
§ 101102. Authority to accept and use funds to consolidate Federal land ownership
(a) In General.—
The Secretary may—
(1) accept and use funds that may be donated in order to consolidate Federal land ownership within the existing boundaries of any System unit; and
(2) encourage the donation of funds for that purpose, subject to the condition that donated funds are to be expended for purposes of this section only if Federal funds in an amount equal to the amount of the donated funds are appropriated for the purposes of this section.
(b) Authorization of Appropriations.—
There are authorized to be appropriated for each fiscal year not more than $500,000 to match funds that are donated for those purposes.
(Pub. L. 113–287, § 3, Dec. 19, 2014, 128 Stat. 3119.)
text: Historical and Revision Notes
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Section
Source (U.S. Code)
Source (Statutes at Large)
101102
16 U.S.C. 452a.
Aug. 31, 1954, ch. 1163, 68 Stat. 1037.
In subsection (b), the words “not more than $500,000” are substituted for “such funds as may be necessary” and the text of 16 U.S.C. 45a (proviso) to eliminate unnecessary words.
54 U.S.C. § 101111 (NATIONAL PARK SERVICE AND RELATED PROGRAMS)
§ 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 Foundation to accept and administer those gifts.
(Pub. L. 113–287, § 3, Dec. 19, 2014, 128 Stat. 3120.)
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Section
Source (U.S. Code)
Source (Statutes at Large)
101111
16 U.S.C. 19e.
Pub. L. 90–209, § 1, Dec. 18, 1967, 81 Stat. 656.
54 U.S.C. § 101112 (NATIONAL PARK SERVICE AND RELATED PROGRAMS)
§ 101112. Board
(a) Membership.—
The National Park Foundation shall consist of a Board having as members the Secretary, the Director, and no fewer than 6 private citizens of the United States appointed by the Secretary.
(b) Term of Office and Vacancies.—
The term of the private citizen members of the Board is 6 years. If a successor is chosen to fill a vacancy occurring prior to the expiration of a term, the successor shall be chosen only for the remainder of that term.
(c) Chairman and Secretary.—
The Secretary shall be the Chairman of the Board and the Director shall be the Secretary of the Board.
(d) Board Membership Not an Office.—
Membership on the Board shall not be an office within the meaning of the statutes of the United States.
(e) Quorum.—
A majority of the members of the Board serving at any time shall constitute a quorum for the transaction of business.
(f) Seal.—
The National Park Foundation shall have an official seal, which shall be judicially noticed.
(g) Meetings.—
The Board shall meet at the call of the Chairman and there shall be at least one meeting each year.
(h) Compensation and Reimbursement.—
No compensation shall be paid to the members of the Board for their services as members, but they shall be reimbursed for actual and necessary traveling and subsistence 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.
(Pub. L. 113–287, § 3, Dec. 19, 2014, 128 Stat. 3120.)
text: Historical and Revision Notes
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Section
Source (U.S. Code)
Source (Statutes at Large)
101112
16 U.S.C. 19f.
Pub. L. 90–209, § 2, Dec. 18, 1967, 81 Stat. 656.
In this section, the text of 16 U.S.C. 19f (2d and last sentences in last sentences) is omitted as obsolete.
In subsection (a), the words “ex officio” are omitted as unnecessary.
In subsection (b), the words “whose initial terms shall be staggered to assure continuity of administration. Thereafter” are omitted as obsolete.
54 U.S.C. § 101113 (NATIONAL PARK SERVICE AND RELATED PROGRAMS)
§ 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.
(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.
(Pub. L. 113–287, § 3, Dec. 19, 2014, 128 Stat. 3120.)
text: Historical and Revision Notes
Revised
Section
Source (U.S. Code)
Source (Statutes at Large)
101113(a)(1)
16 U.S.C. 19g (1st sentence words before proviso).
Pub. L. 90–209, § 3, Dec. 18, 1967, 81 Stat. 656.
101113(a)(2)
16 U.S.C. 19g (last sentence).
101113(b)
16 U.S.C. 19g (1st sentence proviso).
101113(c)
16 U.S.C. 19g (2d sentence).
In subsection (c), the words “among other things” are omitted as unnecessary.
54 U.S.C. § 101114 (NATIONAL PARK SERVICE AND RELATED PROGRAMS)
§ 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.
(Pub. L. 113–287, § 3, Dec. 19, 2014, 128 Stat. 3121.)
text: Historical and Revision Notes
Revised
Section
Source (U.S. Code)
Source (Statutes at Large)
101114
16 U.S.C. 19h.
Pub. L. 90–209, § 4, Dec. 18, 1967, 81 Stat. 656; Pub. L. 106–176, title III, § 305, Mar. 10, 2000, 114 Stat. 33.
54 U.S.C. § 101115 (NATIONAL PARK SERVICE AND RELATED PROGRAMS)
§ 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.
(Pub. L. 113–287, § 3, Dec. 19, 2014, 128 Stat. 3121.)
text: Historical and Revision Notes
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Section
Source (U.S. Code)
Source (Statutes at Large)
101115
16 U.S.C. 19i.
Pub. L. 90–209, § 5, Dec. 18, 1967, 81 Stat. 657.
54 U.S.C. § 101116 (NATIONAL PARK SERVICE AND RELATED PROGRAMS)
§ 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.
(Pub. L. 113–287, § 3, Dec. 19, 2014, 128 Stat. 3121.)
text: Historical and Revision Notes
Revised
Section
Source (U.S. Code)
Source (Statutes at Large)
101116
16 U.S.C. 19j.
Pub. L. 90–209, § 6, Dec. 18, 1967, 81 Stat. 657.
54 U.S.C. § 101117 (NATIONAL PARK SERVICE AND RELATED PROGRAMS)
§ 101117. Authority of Board
In carrying out this chapter, the Board may—
(1) adopt bylaws and regulations necessary for the administration of its functions; and
(2) contract for any necessary services.
(Pub. L. 113–287, § 3, Dec. 19, 2014, 128 Stat. 3121.)
text: Historical and Revision Notes
Revised
Section
Source (U.S. Code)
Source (Statutes at Large)
101117
16 U.S.C. 19k.
Pub. L. 90–209, § 7, Dec. 18, 1967, 81 Stat. 657.
54 U.S.C. § 101118 (NATIONAL PARK SERVICE AND RELATED PROGRAMS)
§ 101118. Tax exemptions; contributions toward costs of local government; contributions, gifts, or transfers to or for use of United States
(a) Tax Exemption.—
The National Park Foundation and any income or property received or owned by it, and all transactions relating to that income or property, shall be exempt from all Federal, State, and local 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.
(Pub. L. 113–287, § 3, Dec. 19, 2014, 128 Stat. 3122.)
text: Historical and Revision Notes
Revised
Section
Source (U.S. Code)
Source (Statutes at Large)
101118
16 U.S.C. 19l.
Pub. L. 90–209, § 8, Dec. 18, 1967, 81 Stat. 657.
In subsection (b), the words “in the discretion of its directors” are omitted as unnecessary.
54 U.S.C. § 101119 (NATIONAL PARK SERVICE AND RELATED PROGRAMS)
§ 101119. Liability of United States
The United States shall not be liable for any debts, defaults, acts, or omissions of the National Park Foundation.
(Pub. L. 113–287, § 3, Dec. 19, 2014, 128 Stat. 3122.)
text: Historical and Revision Notes
Revised
Section
Source (U.S. Code)
Source (Statutes at Large)
101119
16 U.S.C. 19m.
Pub. L. 90–209, § 9, Dec. 18, 1967, 81 Stat. 657.
54 U.S.C. § 101120 (NATIONAL PARK SERVICE AND RELATED PROGRAMS)
§ 101120. Promotion of local fundraising support
(a) Program.—
The National Park Foundation shall design and implement a comprehensive program to assist and promote philanthropic 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 organizations; 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 recommended money-handling procedures that can easily be adapted as applied to individual System units; and
(C) a standard training curriculum to orient and expand the operating expertise of personnel employed by local nonprofit 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—
(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.
(Pub. L. 113–287, § 3, Dec. 19, 2014, 128 Stat. 3122.)
text: Historical and Revision Notes
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Section
Source (U.S. Code)
Source (Statutes at Large)
101120
16 U.S.C. 19o.
Pub. L. 90–209, § 11, as added Pub. L. 105–391, title VII, § 701, Nov. 13, 1998, 112 Stat. 3520.
54 U.S.C. § 101301 (NATIONAL PARK SERVICE AND RELATED PROGRAMS)
§ 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 information that quantifies for all assets (including buildings, roads, utility systems, and grounds that must be maintained) the characteristics affecting the type of maintenance work performed.
(2) A set of maintenance tasks that describe the maintenance work in each System unit.
(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 financial resources to be devoted to each maintenance task.
(5) A work schedule that identifies and prioritizes tasks to be done in a specific time period and specifies required labor resources.
(6) Work orders specifying job authorizations and a record of work accomplished that can be used to record actual labor and material costs.
(7) Reports and special analyses that compare planned versus actual accomplishments and costs and that can be used to evaluate maintenance operations.
(Pub. L. 113–287, § 3, Dec. 19, 2014, 128 Stat. 3123.)
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Section
Source (U.S. Code)
Source (Statutes at Large)
101301
16 U.S.C. 1a–8(a).
Pub. L. 98–540, § 4(a), Oct. 24, 1984, 98 Stat. 2719; Pub. L. 103–437, § 6(d)(1), Nov. 2, 1994, 108 Stat. 4583.
54 U.S.C. § 101302 (NATIONAL PARK SERVICE AND RELATED PROGRAMS)
§ 101302. Authority of Secretary to carry out certain activities
(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 transportation; and
(2) the transportation is incidental to official transportation services.
(c) Recreation Facilities, Equipment, and Services.—
The Secretary 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.
(Pub. L. 113–287, § 3, Dec. 19, 2014, 128 Stat. 3124.)
text: Historical and Revision Notes
Revised
Section
Source (U.S. Code)
Source (Statutes at Large)
101302(a)
16 U.S.C. 1a–2 (matter before (a)).
Pub. L. 91–383, § 3 (matter before (a)), Aug. 18, 1970, 84 Stat. 826.
101302(b)
16 U.S.C. 1a–2(a).
Pub. L. 91–383, § 3(a), (b), (d), Aug. 18, 1970, 84 Stat. 826, 827; Pub. L. 106–176, title I, § 118(2), (3), Mar. 10, 2000, 114 Stat. 28.
101302(c)
16 U.S.C. 1a–2(b).
101302(d)
16 U.S.C. 1a–2(d).
101302(e)
16 U.S.C. 1a–2(i).
Pub. L. 91–383, § 3(i), as added Pub. L. 94–458, § 1(2), Oct. 7, 1976, 90 Stat. 1939; Pub. L. 106–176, title I, § 118(2), (4), Mar. 10, 2000, 114 Stat. 28.