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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) Coordination with service.—
Activities of the National Park Foundation under paragraph (1) shall be undertaken after consultation with the Director to ensure that those activities are consistent with the programs and policies of the Service.
(3) 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; Pub. L. 114–289, title IV, § 401(2), Dec. 16, 2016, 130 Stat. 1488.)
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.
heading: Amendments
text: 2016—Subsec. (a)(2), (3). Pub. L. 114–289 added par. (2) and redesignated former par. (2) as (3).
54 U.S.C. § 101122 (NATIONAL PARK SERVICE AND RELATED PROGRAMS)
§ 101122. Authorization of appropriations; use of funds
(a) Authorization of Appropriations.—
There are authorized to be appropriated to carry out this subchapter $5,000,000 for each of fiscal years 2017 through 2023.
(b) Use of Funds.—
Funds made available under subsection (a)—
(1) may be advanced each fiscal year to the National Park Foundation in a lump sum without regard to when expenses are incurred;
(2) shall be provided to the National Park Foundation for use to match contributions (whether in currency, services, or property) made to the Foundation;
(3) may not be used by the National Park Foundation for administrative expenses of the Foundation, including for salaries, travel and transportation expenses, and other overhead expenses; and
(4) may not be deposited by the National Park Foundation into any fund that will be invested or earn interest in any way.
(Added Pub. L. 114–289, title IV, § 402(a), Dec. 16, 2016, 130 Stat. 1488.)
54 U.S.C. § 101931 (NATIONAL PARK SERVICE AND RELATED PROGRAMS)
§ 101931. Contract authority
(a) General Authority.—
Notwithstanding subchapter II, the Secretary may award and administer commercial services contracts (and related professional services contracts) for the operation and expansion of commercial visitor facilities and visitor services programs in System units. The commercial services contracts that may be awarded shall be limited to those that are necessary and appropriate for public use and enjoyment of the unit of the System in which they are located, and, that are consistent with the preservation and conservation of the resources and values of the unit.
(b) Additional Authority.—
Contracts may be awarded under subsection (a) without regard to Federal laws and regulations governing procurement by Federal agencies, with the exception of laws and regulations related to Federal government contracts governing working conditions and wage rates, including the Alaska National Interest Lands Conservation Act (16 U.S.C. 3101 et seq.), sections 3141–3144, 3146, and 3147 of title 40, United States Code (commonly known as the “Davis-Bacon Act”), and any civil rights provisions otherwise applicable thereto.
(c) Use of Commercial Services Contracts.—
(1) In general.—
The Secretary may issue a commercial services contract under this subchapter when the Secretary determines that the contract meets the objectives of expanding, modernizing, and improving the condition of commercial visitor facilities and the services provided to visitors.
(2) Exceptions.—
No contracts may be awarded under this subchapter—
(A) for the provision of outfitter and guide services described in section 101913(8); or
(B) to authorize the provision of facilities or services for which the Secretary has granted to an existing concessioner a preferential right of renewal as defined in sections 101911 and 101913.
(Added Pub. L. 114–289, title VII, § 701, Dec. 16, 2016, 130 Stat. 1492.)
heading: References in Text
text: The Alaska National Interest Lands Conservation Act, referred to in subsec. (b), is Pub. L. 96–487, Dec. 2, 1980, 94 Stat. 2371. For complete classification of this Act to the Code, see Short Title note set out under section 3101 of Title 16, Conservation, and Tables.
54 U.S.C. § 101932 (NATIONAL PARK SERVICE AND RELATED PROGRAMS)
§ 101932. Award of commercial services contracts
(a) Competitive Selection Process.—
Except as provided in subsection (c), commercial services contracts shall be awarded by the Secretary through a competitive selection process.
(b) Solicitation of Proposals.—
Before awarding a new commercial services contract, the Secretary shall publicly solicit proposals for the contract, except as provided in subsection (c). In connection with such solicitation, the Secretary shall prepare a request for proposals and shall publish notice of its availability.
(Added Pub. L. 114–289, title VII, § 701, Dec. 16, 2016, 130 Stat. 1493.)
54 U.S.C. § 101933 (NATIONAL PARK SERVICE AND RELATED PROGRAMS)
§ 101933. Term of commercial services contracts
A commercial services contract entered into pursuant to this title shall be awarded for a term not to exceed 10 years.
(Added Pub. L. 114–289, title VII, § 701, Dec. 16, 2016, 130 Stat. 1493.)
54 U.S.C. § 101934 (NATIONAL PARK SERVICE AND RELATED PROGRAMS)
§ 101934. Capital improvements
A person or entity awarded a contract under this subchapter shall receive no leasehold surrender interest, as defined in section 101915, in capital improvements constructed under the terms of the contract.
(Added Pub. L. 114–289, title VII, § 701, Dec. 16, 2016, 130 Stat. 1493.)
54 U.S.C. § 101935 (NATIONAL PARK SERVICE AND RELATED PROGRAMS)
§ 101935. Financial management
(a) Revolving Fund.—
There is established a revolving fund that shall be available to the Secretary without fiscal year limitation for—
(1) expenses necessary for the management, improvement, enhancement, operation, construction, and maintenance of commercial visitor services and facilities; and
(2) payment of possessory interest and leasehold surrender interest.
(b) Collection of Funds.—
(1) Funds collected by the Secretary pursuant to the contracts awarded under this subchapter shall be credited to the revolving fund.
(2) The Secretary is authorized to transfer to the revolving fund, without reimbursement, any additional funds or revenue in connection with the functions to be carried out under this subchapter.
(c) Use of Funds.—
Amounts in the revolving fund shall be used by the Secretary in furtherance of the purposes of this title. No funds from this account may be used to decrease the availability of services and programs to the public.
(Added Pub. L. 114–289, title VII, § 701, Dec. 16, 2016, 130 Stat. 1493.)
54 U.S.C. § 101936 (NATIONAL PARK SERVICE AND RELATED PROGRAMS)
§ 101936. Regulations
As soon as practicable after the effective date of this subchapter, the Secretary shall promulgate regulations appropriate for its implementation.
(Added Pub. L. 114–289, title VII, § 701, Dec. 16, 2016, 130 Stat. 1493.)
heading: References in Text
text: The effective date of this subchapter, referred to in text, probably means the date of enactment of Pub. L. 114–289, which enacted this subchapter and was approved Dec. 16, 2016.
54 U.S.C. § 101937 (NATIONAL PARK SERVICE AND RELATED PROGRAMS)
§ 101937. Savings provision
Nothing in this subchapter shall modify the terms or conditions of any concessions contracts awarded under subchapter II or the ability of the National Park Service to enter into concessions contracts under the National Park Service Concessions Management Improvement Act of 1998 (title IV of Public Law 105–391) including the use of leaseholder surrender interest.
(Added Pub. L. 114–289, title VII, § 701, Dec. 16, 2016, 130 Stat. 1493.)
heading: References in Text
text: The National Park Service Concessions Management Improvement Act of 1998, referred to in text, is title IV of Pub. L. 105–391, Nov. 13, 1998, 112 Stat. 3503. For complete classification of this Act to the Code, see Short Title of 1998 Act note set out under section 100101 of this title and Tables.
54 U.S.C. § 101938 (NATIONAL PARK SERVICE AND RELATED PROGRAMS)
§ 101938. Sunset
The authority given to the Secretary under this subchapter shall expire 7 years after the date of the enactment of this subchapter.
(Added Pub. L. 114–289, title VII, § 701, Dec. 16, 2016, 130 Stat. 1494.)
heading: References in Text
text: The date of the enactment of this subchapter, referred to in text, is the date of enactment of Pub. L. 114–289, which was approved Dec. 16, 2016.
54 U.S.C. § 103501 (NATIONAL PARK SERVICE AND RELATED PROGRAMS)
§ 103501. Establishment
(a) In General.—
There is established in the Treasury an account to be known as the National Park Centennial Challenge Fund.
(b) Deposits.—
All amounts received by the United States each fiscal year from sales by the National Park Service of National Parks and Federal Recreational Lands Passes under section 805(b)(1) of the Federal Lands Recreation Enhancement Act that are in excess of $10,000,000 shall be deposited into the National Park Centennial Challenge Fund as offsetting collections and shall remain available to the Secretary until expended.
(c) Use of Funds.—
Funds collected and deposited into the National Park Centennial Challenge Fund—
(1) shall be used for projects or programs approved by the Secretary to further the mission of the Service and to enhance the visitor experience in System units;
(2) may not be used to acquire lands or interest in lands; and
(3) may only be used if matched, on at least a 1-to-1 basis, by non-Federal donations (including funds and fairly valued durable goods and materials) to the Service for signature projects or programs.
(d) Limitation on Source of Funds for Matching.—
Amounts derived from the Second Century Endowment for the National Park Service shall not be treated as non-Federal donations for purposes of subsection (c)(3).
(Added Pub. L. 114–289, title I, § 101(a), Dec. 16, 2016, 130 Stat. 1483.)
heading: References in Text
text: Section 805(b)(1) of the Federal Lands Recreation Enhancement Act, referred to in subsec. (b), is classified to section 6804(b)(1) of Title 16, Conservation.
54 U.S.C. § 103502 (NATIONAL PARK SERVICE AND RELATED PROGRAMS)
§ 103502. Signature projects and programs
(a) List.—
The Secretary shall—
(1) develop a list of signature projects and programs eligible for funding from the National Park Centennial Challenge Fund;
(2) submit the list developed pursuant to paragraph (1) to the Committees on Appropriations and Energy and Natural Resources in the United States Senate, and to the Committees on Appropriations and Natural Resources in the House of Representatives; and
(3) prioritize deferred maintenance projects, physical improvements to visitor services facilities and trail maintenance.
(b) Updates.—
The Secretary may, from time to time, as the Secretary finds appropriate, add any signature project or program to the list and provide notice of such addition as required by subsection (a).
(Added Pub. L. 114–289, title I, § 101(a), Dec. 16, 2016, 130 Stat. 1484.)
54 U.S.C. § 103503 (NATIONAL PARK SERVICE AND RELATED PROGRAMS)
§ 103503. Summary to Congress
The Secretary shall provide with the submission of the President’s annual budget a summary of the status and funding of signature projects and programs.
(Added Pub. L. 114–289, title I, § 101(a), Dec. 16, 2016, 130 Stat. 1484.)
54 U.S.C. § 303102 (NATIONAL PARK SERVICE AND RELATED PROGRAMS)
§ 303102. Funding
For each of fiscal years 2012 to 2023, $150,000,000 shall be deposited in the Historic Preservation Fund from revenues due and payable to the United States under section 9 of the Outer Continental Shelf Lands Act (43 U.S.C. 1338), section 7433(b) of title 10, or both, notwithstanding any provision of law that those proceeds shall be credited to miscellaneous receipts of the Treasury.
(Pub. L. 113–287, § 3, Dec. 19, 2014, 128 Stat. 3206; Pub. L. 114–289, title VIII, § 802(a), (c)(1), Dec. 16, 2016, 130 Stat. 1494, 1495.)
text: Historical and Revision Notes
Revised
Section
Source (U.S. Code)
Source (Statutes at Large)
303102
16 U.S.C. 470h (last paragraph 1st sentence).
Pub. L. 89–665, title I, § 108 (last paragraph 1st sentence), Oct. 15, 1966, 80 Stat. 917; Pub. L. 91–243, § 1(a), May 9, 1970, 84 Stat. 204; Pub. L. 93–54, § 1(a), July 1, 1973, 87 Stat. 139; Pub. L. 94–422, title II, § 201(4), Sept. 28, 1976, 90 Stat. 1320; Pub. L. 96–515, title II, § 205, Dec. 12, 1980, 94 Stat. 2995; Pub. L. 100–127, Oct. 9, 1987, 101 Stat. 800; Pub. L. 102–575, title XL, § 4011, Oct. 30, 1992, 106 Stat. 4760; Pub. L. 106–208, §§ 2, 5(a)(7), May 26, 2000, 114 Stat. 318, 319; Pub. L. 109–453, § 1(c), Dec. 22, 2006, 120 Stat. 3367.
Reference to fiscal years 1977–2011 is omitted as obsolete.
heading: Amendments
text: 2016—Pub. L. 114–289 substituted “Funding” for “Contents” in section catchline and “2023” for “2015” in text.
54 U.S.C. § 304104 (NATIONAL PARK SERVICE AND RELATED PROGRAMS)
§ 304104. Compensation of members of Council
The members of the Council specified in paragraphs (2), (3), and (4) of section 304101(a) of this title shall serve without additional compensation. The Chairman of the Council shall be compensated as provided in subsection (e) of section 304101. The other members of the Council shall receive $100 per diem when engaged in the performance of the duties of the Council. All members of the Council shall receive reimbursement for necessary traveling and subsistence expenses incurred by them in the performance of the duties of the Council.
(Pub. L. 113–287, § 3, Dec. 19, 2014, 128 Stat. 3211; Pub. L. 114–289, title V, § 501(c)(2), Dec. 16, 2016, 130 Stat. 1490.)
text: Historical and Revision Notes
Revised
Section
Source (U.S. Code)
Source (Statutes at Large)
304104
16 U.S.C. 470l.
Pub. L. 89–665, title II, § 204, Oct. 15, 1966, 80 Stat. 918; Pub. L. 91–243, § 1(f), May 9, 1970, 84 Stat. 204; Pub. L. 94–422, title II, § 201(6), Sept. 28, 1976, 90 Stat. 1321; Pub. L. 96–515, title III, § 301(h), Dec. 12, 1980, 94 Stat. 2999.
heading: Amendments
text: 2016—Pub. L. 114–289 inserted “The Chairman of the Council shall be compensated as provided in subsection (e) of section 304101.” after “without additional compensation.”
54 U.S.C. § 311103 (NATIONAL PARK SERVICE AND RELATED PROGRAMS)
§ 311103. Designation of Preserve America Communities
(a) Application.—
To be considered for designation as a Preserve America Community, a community, tribal area, or neighborhood shall submit to the Council an application containing such information as the Council may require.
(b) Criteria.—
To be designated as a Preserve America Community under the program, a community, tribal area, or neighborhood that submits an application under subsection (a) shall, as determined by the Chairman of the Council, in consultation with the Secretary, meet criteria required by the Chairman of the Council and, in addition, consider—
(1) protection and celebration of the heritage of the community, tribal area, or neighborhood;
(2) use of the historic assets of the community, tribal area, or neighborhood for economic development and community revitalization; and
(3) encouragement of people to experience and appreciate local historic resources through education and heritage tourism programs.
(c) Local Governments Previously Certified for Historic Preservation Activities.—
The Council shall establish an expedited process for Preserve America Community designation for local governments previously certified for historic preservation activities under section 302502 of this title.
(d) Guidelines.—
The Chairman of the Council, in consultation with the Secretary, shall establish any guidelines that are necessary to carry out this section.
(Pub. L. 113–287, § 3, Dec. 19, 2014, 128 Stat. 3248; Pub. L. 114–289, title V, § 501(d), Dec. 16, 2016, 130 Stat. 1490.)
text: Historical and Revision Notes
Revised
Section
Source (U.S. Code)
Source (Statutes at Large)
311103
16 U.S.C. 469n(d).
Pub. L. 111–11, title VII, subtitle D, § 7302(d), Mar. 30, 2009, 123 Stat. 1215.
heading: Amendments
text: 2016—Subsec. (b). Pub. L. 114–289 substituted “Chairman of the Council” for “Council” in two places in introductory provisions.
Subsec. (d). Pub. L. 114–289 substituted “Chairman of the Council” for “Council”.
(Title 5 Appendix)
§ 1. Short title
This Act be cited as the “Inspector General Act of 1978”.
(Pub. L. 95–452, § 1, Oct. 12, 1978, 92 Stat. 1101.)
heading: Short Title of 2016 Amendment
text: Pub. L. 114–317, § 1(a), Dec. 16, 2016, 130 Stat. 1595, provided that: “This Act [enacting section 8N of Pub. L. 95–452, set out in this Appendix, amending sections 3 to 6, 8, 8A, 8D, 8E, 8G, 8I, 8J, 8M, and 11 of Pub. L. 95–452, set out in this Appendix, enacting provisions set out as a note under section 8M of Pub. L. 95–452, set out in this Appendix, amending provisions set out as a note under section 11 of Pub. L. 95–452, set out in this Appendix, and repealing provisions set out as notes under section 8M of Pub. L. 95–452, set out in this Appendix, and section 1211 of Title 5, Government Organization and Employees] may be cited as the ‘Inspector General Empowerment Act of 2016’.”
heading: Short Title of 2008 Amendment
text: Pub. L. 110–409, § 1, Oct. 14, 2008, 122 Stat. 4302, provided that: “This Act [see Tables for classification] may be cited as the ‘Inspector General Reform Act of 2008’.”
heading: Short Title of 2006 Amendment
text: Pub. L. 109–440, § 1, Dec. 20, 2006, 120 Stat. 3286, provided that: “This Act [amending provisions set out as a note under section 8G of Pub. L. 95–452, set out in this Appendix] may be cited as the ‘Iraq Reconstruction Accountability Act of 2006’.”
heading: Short Title of 1998 Amendment
text: Pub. L. 105–272, title VII, § 701(a), Oct. 20, 1998, 112 Stat. 2413, provided that: “This title [enacting section 8H of Pub. L. 95–452, set out in this Appendix, amending section 8I of Pub. L. 95–452, set out in this Appendix, and section 403q of Title 50, War and National Defense, and enacting provisions set out as a note under section 8H of Pub. L. 95–452, set out in this Appendix] may be cited as the ‘Intelligence Community Whistleblower Protection Act of 1998’.”
heading: Short Title of 1988 Amendment
text: Pub. L. 100–504, title I, § 101, Oct. 18, 1988, 102 Stat. 2515, provided that: “This title [enacting sections 8B–8F of Pub. L. 95–452, set out in this Appendix, amending sections 2, 4–6, 8, 9, and 11 of Pub. L. 95–452, set out in this Appendix, sections 5315 and 5316 of this title, sections 405 and 1105 of Title 31, Money and Finance, and section 410 of Title 39, Postal Service, repealing sections 3521–3527 and 7138 of Title 42, The Public Health and Welfare, and section 231v of Title 45, Railroads, and enacting provisions set out as notes under sections 1, 5, 8D, 8E, and 9 of Pub. L. 95–452, set out in this Appendix] may be cited as the ‘Inspector General Act Amendments of 1988’.”
heading: Payment Authority Subject to Appropriations
text: Pub. L. 100–504, title I, § 112, Oct. 18, 1988, 102 Stat. 2530, provided that: “Any authority to make payments under this title [see Short Title of 1988 Amendment note above] shall be effective only to such extent as provided in appropriations Acts.”
(Title 5 Appendix)
§ 8J. Rule of construction of special provisions
The special provisions under section 8, 8A, 8B, 8C, 8D, 8E, 8F, 8H, or 8N of this Act relate only to the establishment named in such section and no inference shall be drawn from the presence or absence of a provision in any such section with respect to an establishment not named in such section or with respect to a designated Federal entity as defined under section 8G(a).
(Pub. L. 95–452, § 8J, formerly § 8F, as added Pub. L. 100–504, title I, § 105, Oct. 18, 1988, 102 Stat. 2525; renumbered § 8G and amended Pub. L. 103–82, title II, § 202(g)(1), (5)(B), Sept. 21, 1993, 107 Stat. 889, 890; renumbered § 8H, Pub. L. 104–208, div. A, title I, § 101(f) [title VI, § 662(b)(3)], Sept. 30, 1996, 110 Stat. 3009–314, 3009–380; Pub. L. 105–206, title I, § 1103(e)(3), July 22, 1998, 112 Stat. 709; renumbered § 8I and amended Pub. L. 105–272, title VII, § 702(b), Oct. 20, 1998, 112 Stat. 2415; renumbered § 8J, Pub. L. 108–7, div. L, § 104(b)(2), Feb. 20, 2003, 117 Stat. 529; Pub. L. 114–317, § 6(6), Dec. 16, 2016, 130 Stat. 1604.)
heading: Codification
text: Pub. L. 105–206, § 1103(e)(3)(A), which directed that this section be renumbered as 8H, could not be executed because of a prior renumbering by Pub. L. 104–208.
heading: Prior Provisions
text: A prior section 8J of the Inspector General Act of 1978, Pub. L. 95–452, § 8J, as added Pub. L. 107–296, title VIII, § 811(e), Nov. 25, 2002, 116 Stat. 2221, related to special provisions concerning the Department of Homeland Security, prior to repeal by Pub. L. 108–7, div. L, § 104(b)(1), Feb. 20, 2003, 117 Stat. 529.
heading: Amendments
text: 2016—Pub. L. 114–317 substituted “8H, or 8N” for “or 8H”.
1998—Pub. L. 105–272, § 702(b)(2), which directed the amendment of this section by substituting “8E, or 8H” for “or 8E”, was executed by substituting “, 8F, or 8H” for “or 8F”, to reflect the probable intent of Congress and the amendment by Pub. L. 105–206, § 1103(e)(3)(B). See below.
Pub. L. 105–206, § 1103(e)(3)(C), substituted “section 8G(a)” for “section 8F(a)”.
Pub. L. 105–206, § 1103(e)(3)(B), substituted “8E or 8F” for “or 8E”.
1993—Pub. L. 103–82, § 202(g)(5)(B), substituted “8D, or 8E” for “or 8D” and “section 8F(a)” for “section 8E(a)”.
heading: Effective Date of 1993 Amendment
text: Amendment by section 202(g)(5)(B) of Pub. L. 103–82 effective Oct. 1, 1993, see section 202(i) of Pub. L. 103–82, set out as an Effective Date note under section 12651 of Title 42, The Public Health and Welfare.
heading: Effective Date
text: Section effective 180 days after Oct. 18, 1988, see section 113 of Pub. L. 100–504, set out as an Effective Date of 1988 Amendment note under section 5 of Pub. L. 95–452 in this Appendix.