To enact title 54, United States Code, "National Park Service and Related Programs", as positive law.
PL 113-287 (H.R.1068), enacted 12/19/2014

[113th Congress Public Law 287]
[From the U.S. Government Publishing Office]



[[Page 3093]]

    ENACTMENT OF TITLE 54--NATIONAL PARK SERVICE AND RELATED PROGRAMS

[[Page 128 STAT. 3094]]

Public Law 113-287
113th Congress

                                 An Act


 
   To enact title 54, United States Code, ``National Park Service and 
  Related Programs'', as positive law. <<NOTE: Dec. 19, 2014 -  [H.R. 
                                1068]>> 

    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. <<NOTE: 54 USC note prec. 100101.>> 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, contradictions, 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. <<NOTE: 54 USC note prec. 100101.>> 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.
            General Provisions                                    100101
            Establishment, Directors, and Other Employees         100301
            Areas of National Park System                         100501
            Resource Management                                   100701
            Administration                                        100901
            Donations                                             101101
            Employees                                             101301

[[Page 128 STAT. 3095]]

            Transportation                                        101501
            Financial Agreements                                  101701
            Concessions and Commercial Use Authorizations         101901
            Privileges and Leases                                 102101
            Programs and Organizations                            102301
            Museums                                               102501
            Law Enforcement and Emergency Assistance              102701
            Land Transfers                                        102901
            Appropriations and Accounting                         103101
            National Military Parks                               103301
             1035 

through 1047

                                                                Reserved
            Miscellaneous                                         104901

        Division B--System Units and Related Areas--Reserved

Subtitle II--Outdoor Recreation Programs
            Coordination of Programs                              200101
            Land and Water Conservation Fund                      200301
            Urban Park and Recreation Recovery Program            200501

Subtitle III--National Preservation Programs

        Division A--Historic Preservation

                Subdivision 1--General Provisions
            Policy                                                300101
            Definitions                                           300301

                Subdivision 2--Historic Preservation Program
            National Register of Historic Places                  302101
            State Historic Preservation Programs                  302301
            Certification of Local Governments                    302501
            Historic Preservation Programs and Authorities for    302701
                Indian Tribes and Native Hawaiian Organizations
            Grants                                                302901
            Historic Preservation Fund                            303101
             3033 

Through 3037

                                                                Reserved
            Miscellaneous                                         303901

                Subdivision 3--Advisory Council on Historic 
                    Preservation
            Advisory Council on Historic Preservation             304101

                Subdivision 4--Other Organizations and Programs
            Historic Light Station Preservation                   305101
            National Center for Preservation Technology and       305301
                Training
            National Building Museum                              305501

        Subdivision 5--Federal Agency Historic Preservation 
            Responsibilities
            Program Responsibilities and Authorities              306101

                Subdivision 6--Miscellaneous
            Miscellaneous                                         307101

        Division B--Organizations and Programs

                Subdivision 1--Administered by National Park 
                    Service
            American Battlefield Protection Program               308101
            National Underground Railroad Network to Freedom      308301
            National Women's Rights History Project               308501
            National Maritime Heritage                            308701
            Save America's Treasures Program                      308901
            Commemoration of Former Presidents                    309101

                Subdivision 2--Administered Jointly With National 
                    Park Service
            Preserve America Program                              311101

                Subdivision 3--Administered by Other Than National 
                    Park Service
            National Trust for Historic Preservation in the United312101
                States
            Commission for the Preservation of America's Heritage 312301
                Abroad
            Preservation of Historical and Archeological Data     312501

        Division C--American Antiquities
            Policy and Administrative Provisions                  320101
            Monuments, Ruins, Sites, and Objects of Antiquity     320301
          ----------------------------------------------------


[[Page 128 STAT. 3096]]



                    Subtitle I--National Park System

          Division A--Establishment and General Administration

                    Chapter 1001--General Provisions

Sec.
100101.  Promotion and regulation.
100102.  Definitions.

Sec. 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.

Sec. 100102. Definitions

  In this title:

[[Page 128 STAT. 3097]]

          (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.

Sec. 100301. Establishment

  There is in the Department of the Interior a service called the 
National Park Service.

Sec. 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 Directors. 
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.

Sec. 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.

[[Page 128 STAT. 3098]]

               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.

Sec. 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.

Sec. 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 management 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, systems, and modes) associated with public enjoyment 
        and use of the area, including general locations, timing of 
        implementation, 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 
        modifications.

Sec. 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 strategic 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

[[Page 128 STAT. 3099]]

                  (B) allocations into each of the categories in 
                subparagraph (A) of all funds retained from fees 
                collected for that year, including special use permits, 
                concession franchise fees, and recreation use and 
                entrance fees.

Sec. 100504. Study and planning of park, parkway, and recreational-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 jurisdiction 
        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 throughout 
        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 agencies and instrumentalities of either of 
                      them.
          (4) State planning.--For the purpose of developing coordinated 
        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.

Sec. 100505. Periodic review of System

  (a) Authority of Secretary To Conduct Review.--The Secretary shall 
conduct a systematic and comprehensive review of certain aspects of the 
System and on a periodic basis (but not

[[Page 128 STAT. 3100]]

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 recommendations 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 
organizations. The consultation shall include holding public hearings 
that the Secretary determines to be appropriate to provide a full 
opportunity 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 
        acquisition 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, interpretation, 
        construction, operation and maintenance, personnel, and housing, 
        together with an estimate of the costs.

Sec. 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 paragraph 
        (1); and
          (3) an assessment of the impact of potential boundary 
        adjustments 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 
        governments, surrounding communities, affected landowners, and 
        private 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

[[Page 128 STAT. 3101]]

        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 
        description 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 
                      political 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 
        jurisdictions 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 Secretary 
        shall take such steps as the Secretary considers appropriate 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 paragraph 
        (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 paragraph 
        (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 authorized 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 
                environment, 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,

[[Page 128 STAT. 3102]]

                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.

Sec. 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 recommended 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 consider--
                  (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 submission 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 limited.--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

[[Page 128 STAT. 3103]]

        designations, update previous studies, or complete 
        reconnaissance 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 examples 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 
                significant 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

[[Page 128 STAT. 3104]]

        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 
        factors, 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 identical 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 monitoring 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 authorized to be 
        appropriated not more than $1,000,000 for each fiscal year.
          (2) Monitoring welfare and integrity of national landmarks.--
        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 
        appropriated $2,000,000 for each fiscal year.

[[Page 128 STAT. 3105]]

                    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 historical 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

Sec. 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.

Sec. 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.

Sec. 100703. Cooperative study units

  The Secretary shall enter into cooperative agreements with colleges 
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.

Sec. 100704. Inventory and monitoring program

  The Secretary shall undertake a program of inventory and monitoring of 
System resources to establish baseline information and to provide 
information on the long-term trends in the condition

[[Page 128 STAT. 3106]]

of System resources. The monitoring program shall be developed in 
cooperation with other Federal monitoring and information collection 
efforts to ensure a cost-effective approach.

Sec. 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 subsection (a) 
may be approved only if the Secretary determines that the proposed 
study--
          (1) is consistent with applicable laws and Service management 
        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 negotiate for and 
enter into equitable, efficient benefit-sharing arrangements with the 
research community and private industry.

Sec. 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.

Sec. 100707. Confidentiality of information

  Information concerning the nature and specific location of a System 
resource that is endangered, threatened, rare, or commercially 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

Sec. 100721. Definitions

  In this subchapter:

[[Page 128 STAT. 3107]]

          (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 
                      replacement 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 
                destruction, 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.

Sec. 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.

Sec. 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,

[[Page 128 STAT. 3108]]

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.

Sec. 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 Secretary and without further 
Congressional action may be used only as follows:
          (1) Reimbursement.--To reimburse response costs and damage 
        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 expenditures pursuant 
to paragraphs (1) and (2) of subsection (a) shall be deposited in the 
Treasury.

Sec. 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.

[[Page 128 STAT. 3109]]

           Subchapter III--Mining Activity Within System Units

Sec. 100731. Findings and declaration

  Congress finds and declares that--
          (1) the level of technology of mineral exploration and 
        development 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.

Sec. 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.

Sec. 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.

Sec. 100734. Report on finding or notification of potential damage 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 illustrating 
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.

[[Page 128 STAT. 3110]]

Sec. 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.

Sec. 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 Monument, 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.

Sec. 100737. Financial disclosure by officer or employee of Secretary

  (a) Written Statements.--Each officer or employee of the Secretary 
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 concerning 
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 positions shall be 
exempt from the requirements of this section.

[[Page 128 STAT. 3111]]

  (d) Criminal Penalties.--Criminal penalties for a violation of this 
section are provided by section 1865 of title 18.

                      Subchapter IV--Administration

Sec. 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 jurisdiction 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.

Sec. 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.

Sec. 100753. Disposal of timber

  The Secretary, on terms and conditions to be fixed by the Secretary, 
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.

Sec. 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 
        acceptance; or
          (2) as the laws of the State or territory may otherwise 
        provide.

  (b) Submission of Agreement to Congress.--Prior to consummating 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 submission 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.

[[Page 128 STAT. 3112]]

Sec. 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.

Sec. 100901. 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) 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 
        services, 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

[[Page 128 STAT. 3113]]

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 contract, 
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 
        maintain 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 Equipment.--
          (1) In general.--The Secretary may operate, repair, maintain, 
        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 
                equipment 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.

Sec. 100902. Rights of way for public utilities and power and 
                        communication facilities

  (a) Public Utilities.--

[[Page 128 STAT. 3114]]

          (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 reservoirs 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, easement, 
        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 
                      communication transmitting, relay, and receiving 
                      structures and facilities shall be for not more 
                      than 400 feet by 400 feet.

[[Page 128 STAT. 3115]]

          (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.

Sec. 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.

Sec. 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 
        Appropriations 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 
        restrictions.
          (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 collection), 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 
                available to the Director under subsection (a) in each 
                fiscal year shall be allocated among System units in 
                accordance

[[Page 128 STAT. 3116]]

                with subparagraph (B) of this subsection and 50 percent 
                shall be allocated in accordance with subparagraph (C).
                  (B) Allocation based on expenses.--The amount 
                allocated 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 
        expenditure 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

[[Page 128 STAT. 3117]]

        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 systems 
        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 purpose 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) Haleakalaa Crater, Crater Cabins, the Scientific 
                Research Reserve, Halemauu Trail, Kaupo Gap Trail, or 
                any designated tourist viewpoint in Haleakalaa 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 
                determines that the level of the services is equal to or 
                greater than the level at the System units specified in 
                subparagraph (A).

Sec. 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:

[[Page 128 STAT. 3118]]

                  (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 Secretary 
        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 
        establish 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 Secretary 
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 
        available for expenditure by the Secretary, without further 
        appropriation 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.

Sec. 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.

[[Page 128 STAT. 3119]]

  (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.

                         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 liability for malfeasance.
101116.  Corporate powers.
101117.  Authority of Board.
101118.  Tax exemptions; contributions toward costs of local government; 
           contributions, 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

Sec. 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.

Sec. 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.

[[Page 128 STAT. 3120]]

                 Subchapter II--National Park Foundation

Sec. 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.

Sec. 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.

Sec. 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.

[[Page 128 STAT. 3121]]

  (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.

Sec. 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.

Sec. 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.

Sec. 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.

Sec. 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.

[[Page 128 STAT. 3122]]

Sec. 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.

Sec. 101119. Liability of United States

  The United States shall not be liable for any debts, defaults, acts, 
or omissions of the National Park Foundation.

Sec. 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--

[[Page 128 STAT. 3123]]

                  (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 
           employees.
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

Sec. 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.

[[Page 128 STAT. 3124]]

          (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.

Sec. 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.

Sec. 101303. Medical attention for employees

  (a) In General.--In the administration of the Service, the Secretary 
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.

Sec. 101304. Personal equipment and property

  (a) Purchase of Personal Equipment and Supplies.--The Secretary may 
purchase personal equipment and supplies for employees

[[Page 128 STAT. 3125]]

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 necessary 
        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.

Sec. 101305. Travel expenses of System employees and dependents 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

Sec. 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.

[[Page 128 STAT. 3126]]

Sec. 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 sufficient 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

Sec. 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.

Sec. 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 requirements 
        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 affordable field employee 
housing.
  (c) Construction Limitations on Federal Land.--The Secretary 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.

[[Page 128 STAT. 3127]]

Sec. 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 quarters, so as to provide 
necessary services or protect Federal Government property or because of 
a lack of availability of non-Federal housing in a geographic area.

Sec. 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, rehabilitate, or manage 
housing, located on or off public land, for rent to Service employees 
who meet the housing eligibility criteria developed by the Secretary 
pursuant to this subchapter.

Sec. 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 
                providing 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 
        procedures.
          (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 
        necessary funds in advance, the Secretary may enter into a 
        lease-

[[Page 128 STAT. 3128]]

        to-build arrangement as set forth in subsection (a) with further 
        agreement to guarantee the occupancy of field employee quarters 
        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 
                guarantee--
                        (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.

Sec. 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 management, 
repair, and maintenance of field employee quarters. The contract shall 
contain terms and conditions that the Secretary considers necessary or 
appropriate to protect the interests of the United States and ensure 
that necessary quarters are available to field employees.

Sec. 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 unrecovered costs of 
leasing seasonal quarters under this section from annual appropriations 
for the year in which the lease is made.

Sec. 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.

[[Page 128 STAT. 3129]]

  (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 quarters.

Sec. 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, 
        identifying the units in greatest need for repair, 
        rehabilitation, replacement, or initial construction.

Sec. 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

Sec. 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, 
        establish, construct, enlarge, improve, maintain, equip, 
        operate, regulate, 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.

[[Page 128 STAT. 3130]]

          (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 standards and 
        regulations of secretary of transportation.--The operation and 
        maintenance of airports under this section shall be in 
        accordance with the standards and regulations prescribed 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 
                Secretary for those purposes; or
                  (B) appropriated or otherwise specifically authorized 
                for that purpose.

  (e) Jurisdiction Over Airports.--All airports under the jurisdiction 
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

Sec. 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

[[Page 128 STAT. 3131]]

                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, 
                reconstruction, 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.

Sec. 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 quitclaim 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 cemetery, 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.

[[Page 128 STAT. 3132]]

  (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

Sec. 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 Improvement 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 
                suitable 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 acquisition.--
                  (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 available 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 necessity 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

[[Page 128 STAT. 3133]]

and necessity. A contractor shall be subject to applicable requirements 
of that body unless the Secretary determines that the requirements would 
not be consistent with the purposes and provisions of this subchapter.
  (e) Construction of Grant of Authority Respecting Operation of Motor 
Vehicles Excepted From Statutory Coverage.--No grant of authority in 
this subchapter shall be deemed to expand the exemption of section 
13506(a)(9) of title 49.

Sec. 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.

Sec. 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 transportation 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.

[[Page 128 STAT. 3134]]

Sec. 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 transportation 
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

Sec. 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 transportation 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 admission 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.

Sec. 101701. Challenge cost-share agreement authority

  (a) Definitions.--In this section:
          (1) Challenge cost-share agreement.--The term ``challenge 
        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 Agreements.--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.

[[Page 128 STAT. 3135]]

Sec. 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 nonprofit 
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 
                private educational institutions, States, and political 
                subdivisions of States to develop adequate, coordinated, 
                cooperative 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 
                administrative 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 Federal 
        procurement regulations.

  (c) Sale of Products and Services Produced in the Conduct of Living 
Exhibits and Interpretive Demonstrations.--To facilitate 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 
        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 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 
        demonstrations.

  (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 
        Federal agencies, other public entities, educational 
        institutions, private nonprofit organizations, or participating 
        private landowners 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--

[[Page 128 STAT. 3136]]

                        (i) the preservation, conservation, and 
                      restoration of coastal and riparian systems, 
                      watersheds, and wetlands;
                        (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 
                      stewardship 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 
                pursuant 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 
        associated 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 
        determines to be necessary for the completion of projects or 
        activities identified in the agreement.

Sec. 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 management 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 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.

[[Page 128 STAT. 3137]]

  (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.

Sec. 101704. Reimbursable agreements

  (a) In General.--In carrying out work under reimbursable agreements 
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 credited 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 interests.
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

Sec. 101901. Utility services

  To facilitate the administration of the System, the Secretary, under 
such terms and conditions as the Secretary considers advisable, 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 reimbursements for cost of the 
services may be credited to the appropriation current at the time 
reimbursements are received.

[[Page 128 STAT. 3138]]

               Subchapter II--Commercial Visitor Services

Sec. 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 ``preferential 
        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 necessary 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.

Sec. 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 enjoyment 
        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.

Sec. 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 
accommodations, 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

[[Page 128 STAT. 3139]]

        small, individually-owned entities seeking award of a concession 
        contract.
          (2) Solicitation of proposals.--Except as otherwise provided 
        in this section, prior to awarding a new concession contract 
        (including renewals or extensions of existing concession 
        contracts) the Secretary--
                  (A) shall publicly solicit proposals for the 
                concession contract; 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 newspapers 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 prospectus 
        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 provided, 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 Secretary, 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 requirements 
                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--

[[Page 128 STAT. 3140]]

                        (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 facilities and services to the public 
                      at reasonable rates.
                  (C) All proposals fail to meet mimimum requirements 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 incorporating the material amendments or 
                changes.
          (5) Selection of the best proposal.--
                  (A) Factors in selection.--In selecting the best 
                proposal, the Secretary shall consider the following 
                principal factors:
                        (i) The responsiveness of the proposal to the 
                      objectives 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, 
                      corporation, or entity submitting the proposal.
                        (iv) The proposed franchise fee, except that 
                      consideration of revenue to the United States 
                      shall be subordinate to the objectives of 
                      protecting, conserving, and preserving resources 
                      of the System unit and of providing necessary and 
                      appropriate facilities to the public at reasonable 
                      rates.
                  (B) Secondary factors.--The Secretary may also 
                consider such secondary factors as the Secretary 
                considers appropriate.
                  (C) Development of regulations.--In developing 
                regulations 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 
                Alaskans 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 
                proposed concession contract with anticipated annual 
                gross

[[Page 128 STAT. 3141]]

                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 
                preferential 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 contracts described by 
                paragraph (8), subject to the requirements 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 experienced 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 
                      concessioners, where otherwise qualified, include 
                      concessioners 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 
                      preferential 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 
                                improvements 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;

[[Page 128 STAT. 3142]]

                                  (II) the Secretary determines that the 
                                concessioner 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 established by the 
                                Secretary pursuant to paragraph (4).
                  (C) Contract with estimated gross receipts of less 
                than $500,000.--A concessioner that holds a concession 
                contract 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 
                      concessioner has operated satisfactorily during 
                      the term of the contract (including any 
                      extension); and
                        (ii) the concessioner has submitted a responsive 
                      proposal for a proposed new concession contract 
                      that satisfies the minimum requirements 
                      established by the Secretary 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 Secretary 
        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 Secretary 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 considerations require the award of a 
                concession contract to a particular party in the public 
                interest. Award of a concession 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 
                      Committee on Natural Resources of the House of 
                      Representatives.

Sec. 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,

[[Page 128 STAT. 3143]]

including the required construction of capital improvements, warrant a 
longer term.

Sec. 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 provided 
        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 
                Department of Labor; or
                  (B) if the Index is not published, another regularly 
                published cost-of-living index approximating the 
                Consumer Price Index.

  (b) Leasehold Surrender Interest in Capital Improvements.--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 
        surrender 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 leasehold 
        surrender interest shall not be extinguished by the expiration 
        or other termination of a concession contract and may not be 
        taken for public use except on payment of just compensation.
          (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 
        improvement), 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 contracts.--

[[Page 128 STAT. 3144]]

                  (A) How value is determined.--The Secretary may 
                provide, 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 improvement), 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 
                subparagraph (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 compensation, shall 
        have a leasehold surrender interest in its existing possessory 
        interest improvements under the terms of the new

[[Page 128 STAT. 3145]]

        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 surrender 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 Secretary, 
        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 underlying 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 determination 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.

Sec. 101916. Reasonableness of rates and charges

  (a) In General.--A concession contract shall permit the concessioner 
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 Secretary. 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 reasonableness of rates and 
        charges to the maximum extent practicable.

[[Page 128 STAT. 3146]]

        The Secretary shall approve rates and charges that the Secretary 
        determines to be reasonable and appropriate. Unless otherwise 
        provided in the concession contract, the reasonableness and 
        appropriateness of rates and charges shall be determined 
        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 
        factors 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 Secretary shall implement the 
recommendations or report to Congress the reasons for not implementing 
the recommendations.

Sec. 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. Consideration of revenue 
to the United States shall be subordinate to the objectives of 
protecting and preserving System units and of providing 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 
        deposited 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

[[Page 128 STAT. 3147]]

        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) 
        collected 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 necessary 
        resource management programs and operations. The funds credited 
        to a subaccount shall remain available until expended.

Sec. 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 notification 
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).

Sec. 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.--

[[Page 128 STAT. 3148]]

          (1) Advice.--The Advisory Board shall advise on each of the 
        following:
                  (A) Policies and procedures intended to ensure that 
                services 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 
                procedures more cost effective, more process efficient, 
                less burdensome, and timelier.
          (2) Recommendations.--The Advisory Board shall make 
        recommendations 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 burdensome, 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 concession 
        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

[[Page 128 STAT. 3149]]

employment of individuals, 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 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.).

Sec. 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 elements 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 entities 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 consider, taking 
into account the recommendations of the Advisory Board, contracting out 
other elements of the concessions management 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.

Sec. 101921. Multiple contracts within a System unit

  If multiple concession contracts are awarded to authorize 
concessioners 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

[[Page 128 STAT. 3150]]

to renegotiation by the Secretary because of an award of a new contract 
at the same approximate location or resource.

Sec. 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.

Sec. 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 concession contract.
  (b) Access to Records by Comptroller General.--The Comptroller General 
and any authorized representative of the Comptroller General shall, 
until the expiration of 5 calendar years after the close of the business 
year of each concessioner or subconcessioner, have access to and the 
right to examine any pertinent records described in subsection (a) of 
the concessioner or subconcessioner related to the contract involved.

Sec. 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 handicraft 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 purposes 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.

Sec. 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 Authorizations.--
          (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

[[Page 128 STAT. 3151]]

                  (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 Secretary 
        shall--
                  (A) require payment of a reasonable fee for issuance 
                of a commercial use authorization, the fees to remain 
                available without further appropriation to be used, at a 
                minimum, to recover associated management and 
                administrative costs;
                  (B) require that the provision of services under a 
                commercial use authorization be accomplished in a manner 
                consistent to the highest practicable degree with the 
                preservation 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 
                determines to be appropriate for the protection of 
                visitors, provision 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 limited 
to--
          (1) commercial operations with annual gross receipts of not 
        more than $25,000 resulting from services originating and 
        provided 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 authorization 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.

Sec. 101926. Regulations

  (a) In General.--The Secretary shall prescribe regulations appropriate 
for the implementation of this subchapter.
  (b) Contents.--The regulations--

[[Page 128 STAT. 3152]]

          (1) shall include appropriate provisions to ensure that 
        concession 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 
        purposes 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.

Sec. 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.

Sec. 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 concession contract, 
commercial use authorization, or similar instrument.
  (c) Use.--Buildings and associated property leased under subsection 
(a)--

[[Page 128 STAT. 3153]]

          (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, restoration, 
        improvement, or repair and related expenses.

  (e) Special Account.--
          (1) Deposits.--Rental payments under a lease under subsection 
        (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 
                associated 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.

Sec. 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 subchapter, the services 
of individuals without compensation as volunteers for or in aid of 
interpretive functions or other visitor services or activities in and 
related to System units and related areas.

[[Page 128 STAT. 3154]]

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 performing hazardous activities 
may be accepted.
  (b) Incidental Expenses.--The Secretary may provide for incidental 
expenses of volunteers, such as transportation, uniforms, lodging, and 
subsistence.
  (c) Federal Employee Status for Volunteers.--
          (1) Employment status of volunteers.--Except as otherwise 
        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 purpose of 
        claims relating to damage to, or loss of, personal property 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.

Sec. 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.

[[Page 128 STAT. 3155]]

  (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 support of Ford's 
Theater and Wolf Trap National Park for the Performing Arts shall be 
available within the amount provided in this section without regard to 
any other provision of this section.

Sec. 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 various 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 mission 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.

[[Page 128 STAT. 3156]]

          (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 accordance 
        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 compensation.

  (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 
        Secretary, 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 disciplines 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 establish 
        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 individuals, 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.--

[[Page 128 STAT. 3157]]

          (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, suggestions, 
        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 
        nonreimbursable 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.

Sec. 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.

Sec. 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.

Sec. 102502. Definition of museum object

  In this chapter:

[[Page 128 STAT. 3158]]

          (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 
        prehistoric or historic artifact, work of art, book, document, 
        photograph, or natural history specimen.

Sec. 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 donations 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 interpret 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

[[Page 128 STAT. 3159]]

U.S.C. 501(c)(3)) and to non-Federal governmental entities if the 
Secretary determines that the recipient is dedicated to the preservation 
and interpretation of natural or cultural heritage and is qualified 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.

Sec. 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 appropriate 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 agencies and for related activities outside 
           the System.
102712.  Aid to visitors, grantees, permittees, or licensees in 
           emergencies.

                      Subchapter I--Law Enforcement

Sec. 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 
        Secretary, 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 reasonable 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

[[Page 128 STAT. 3160]]

                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 
                investigation 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 
                subparagraphs (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 
                political 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 
                subparagraphs (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 available 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 jurisdictions 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 pursuant 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

[[Page 128 STAT. 3161]]

                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 provisions 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.

Sec. 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 
        enforcement 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

[[Page 128 STAT. 3162]]

actions to seek to reduce the incidence of violent crime in the System.

                   Subchapter II--Emergency Assistance

Sec. 102711. Authority of Secretary to use applicable appropriations 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 emergency rescue, 
firefighting, and cooperative assistance to nearby law enforcement and 
fire prevention agencies and for related purposes outside the System.

Sec. 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 immediate 
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 services 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 related areas.

Sec. 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

[[Page 128 STAT. 3163]]

Secretary may prescribe. The conveyance shall be at not less than the 
fair market value of the interest, as determined by the Secretary, 
except that if the conveyance is proposed within 2 years after the 
property to be conveyed is acquired by the Secretary, the Secretary 
shall allow the last owner of record of the property 30 days following 
the date on which the owner is notified by the Secretary in writing that 
the property is to be conveyed within which to notify the Secretary that 
the owner wishes to acquire the interest. On receiving the timely 
request, the Secretary shall convey the interest to the person, in 
accordance with such regulations as the Secretary may prescribe, on 
payment or agreement to pay an amount equal to the highest bid price.
  (b) Exchange of Land.--
          (1) In general.--The Secretary may accept title to any non-
        Federal property or interest in property within a System unit or 
        related area under the Secretary's administration in exchange 
        for any Federally-owned property or interest under the 
        Secretary's jurisdiction that the Secretary determines is 
        suitable for exchange or other disposal and that is located in 
        the same State as the non-Federal property to be acquired.
          (2) Exception.--Timberland subject to harvest under a 
        sustained yield program shall not be exchanged under paragraph 
        (1).
          (3) Public hearing.--On request of a State or a political 
        subdivision thereof, or of a party in interest, prior to an 
        exchange under this subsection the Secretary shall hold a public 
        hearing in the area where the properties to be exchanged are 
        located.
          (4) Values of properties exchanged.--The values of the 
        properties exchanged--
                  (A) shall be approximately equal; or
                  (B) if they are not approximately equal, shall be 
                equalized by the payment of cash to the grantor from 
                funds appropriated for the acquisition of land for the 
                area, or to the Secretary, as the circumstances require.

  (c) Proceeds Credited to Land and Water Conservation Fund.--The 
proceeds received from any conveyance under this section shall be 
credited to the Land and Water Conservation Fund.

               Chapter 1031--Appropriations and Accounting

Sec.
103101.  Availability and use of appropriations.
103102.  Appropriations authorized and available for certain purposes.
103103.  Amounts provided by private entities for utility services.
103104.  Recovery of costs associated with special use permits.

Sec. 103101. Availability and use of appropriations

  (a) Credits of Receipts for Meals and Quarters Furnished Federal 
Government Employees in the Field.--Cash collections and payroll 
deductions made for meals and quarters furnished by the Service to 
employees of the Federal Government in the field and to cooperating 
agencies may be credited as a reimbursement to the current appropriation 
for the administration of the System unit in which the accommodations 
are furnished.

[[Page 128 STAT. 3164]]

  (b) Availability for Expense of Recording Donated Land.--
Appropriations made for the Service shall be available for any expenses 
incident to the preparation and recording of title evidence covering 
land to be donated to the United States for administration by the 
Service.
  (c) Use of Funds for Law Enforcement and Emergencies.--
          (1) In general.--Funds, not to exceed $250,000 per incident, 
        available to the Service may be used, with the approval of the 
        Secretary, to--
                  (A) maintain law and order in emergency and other 
                unforeseen law enforcement situations; and
                  (B) conduct emergency search and rescue operations in 
                the System.
          (2) Replenishment of funds.--If the Secretary expends funds 
        under paragraph (1), the funds shall be replenished by a 
        supplemental appropriation for which the Secretary shall make a 
        request as promptly as possible.

  (d) Contribution for Annuity Benefits.--
          (1) In general.--Necessary amounts are appropriated for 
        reimbursement, pursuant to the Policemen and Firemen's 
        Retirement and Disability Act amendments of 1957 (Public Law 85-
        157, 71 Stat. 391), to the District of Columbia on a monthly 
        basis for benefit payments by the District of Columbia to United 
        States Park Police annuitants under section 12 of the Policemen 
        and Firemen's Retirement and Disability Act (ch. 433, 39 Stat. 
        718), to the extent that those payments exceed contributions 
        made by active Park Police members covered under the Policemen 
        and Firemen's Retirement and Disability Act.
          (2) Nonavailability of appropriations to the service.--
        Appropriations made to the Service are not available for the 
        purpose of making reimbursements under paragraph (1).

  (e) Waterproof Footwear.--Appropriations for the Service that are 
available for the purchase of equipment may be used for purchase of 
waterproof footwear, which shall be regarded and listed as System 
equipment.

Sec. 103102. Appropriations authorized and available for certain 
                        purposes

  Appropriations for the Service are authorized and are available for--
          (1) administration, protection, improvement, and maintenance 
        of areas, under the jurisdiction of other Federal agencies, that 
        are devoted to recreational use pursuant to cooperative 
        agreements;
          (2) necessary local transportation and subsistence in kind of 
        individuals selected for employment or as cooperators, serving 
        without other compensation, while attending fire protection 
        training camps;
          (3) administration, protection, maintenance, and improvement 
        of the Chesapeake and Ohio Canal;
          (4) educational lectures in or in the vicinity of and with 
        respect to System units, and services of field employees in 
        cooperation with such nonprofit scientific and historical 
        societies engaged in educational work in System units as the 
        Secretary may designate;
          (5) travel expenses of employees attending--

[[Page 128 STAT. 3165]]

                  (A) Federal Government camps for training in forest 
                fire prevention and suppression;
                  (B) the Federal Bureau of Investigation National 
                Police Academy; and
                  (C) Federal, State, or municipal schools for training 
                in building fire prevention and suppression;
          (6) investigation and establishment of water rights in 
        accordance with local custom, laws, and decisions of courts, 
        including the acquisition of water rights or of land or 
        interests in land or rights-of-way for use and protection of 
        water rights necessary or beneficial in the administration and 
        public use of System units;
          (7) official telephone service in the field in the case of 
        official telephones installed in private houses when authorized 
        under regulations established by the Secretary; and
          (8) provision of transportation for children in nearby 
        communities to and from any System unit used in connection with 
        organized recreation and interpretive programs of the Service.

Sec. 103103. Amounts provided by private entities for utility services

  Notwithstanding any other provision of law, amounts provided to the 
Service by private entities for utility services shall be credited to 
the appropriate account and remain available until expended.

Sec. 103104. Recovery of costs associated with special use permits

  Notwithstanding any other provision of law, the Service may recover 
all costs of providing necessary services associated with special use 
permits. The reimbursements shall be credited to the appropriation 
current at that time.

                  Chapter 1033--National Military Parks

Sec.
103301.  Military maneuvers.
103302.  Camps for military instruction.
103303.  Performance of duties of commissions.
103304.  Recovery of land withheld.
103305.  Travel expenses incident to study of battlefields.
103306.  Studies.

Sec. 103301. Military maneuvers

    To obtain practical benefits of great value to the country from the 
establishment of national military parks, the parks and their approaches 
are declared to be national fields for military maneuvers for the 
Regular Army or Regular Air Force and the National Guard or militia of 
the States. National military parks shall be opened for those purposes 
only in the discretion of the Secretary, and under such regulations as 
the Secretary may prescribe.

Sec. 103302. Camps for military instruction

  (a) Assembling of Forces and Detailing of Instructors.--The Secretary 
of the Army or Secretary of the Air Force, within the limits of 
appropriations that may be available for that purpose, may assemble in 
camp at such season of the year and for such period as the Secretary of 
the Army or Secretary of the Air Force may designate, at the field of 
military maneuvers, such portions

[[Page 128 STAT. 3166]]

of the military forces of the United States as the Secretary of the Army 
or Secretary of the Air Force may think best, to receive military 
instruction there. The Secretary of the Army of Secretary of the Air 
Force may detail instructors from the Regular Army or Regular Air Force, 
respectively, for those forces during their exercises.
  (b) Regulations.--The Secretary of the Army or Secretary of the Air 
Force may prescribe regulations governing the assembling of the National 
Guard or militia of the States on the maneuvering grounds.

Sec. 103303. Performance of duties of commissions

  The duties of commissions in charge of national military parks shall 
be performed under the direction of the Secretary.

Sec. 103304. Recovery of land withheld

  (a) Civil Action.--The United States may bring a civil action in the 
courts of the United States against a person to whom land lying within a 
national military park has been leased that refuses to give up 
possession of the land to the United States after the termination of the 
lease, and after possession has been demanded for the United States by 
the park superintendent, or against a person retaining possession of 
land lying within the boundary of a national military park that the 
person has sold to the United States for park purposes and received 
payment therefor, after possession of the land has been demanded for the 
United States by the park superintendent, to recover possession of the 
land withheld. The civil action shall be brought according to the 
statutes of the State in which the national military park is situated.
  (b) Trespass.--A person described in subsection (a) shall be guilty of 
trespass.

Sec. 103305. Travel expenses incident to study of battlefields

  Mileage of officers of the Army and actual expenses of civilian 
employees traveling on duty in connection with the studies, surveys, and 
field investigations of battlefields shall be paid from the 
appropriations made to meet expenses for those purposes.

Sec. 103306. Studies

  (a) Study of Battlefields for Commemorative Purposes.--The Secretary 
of the Army may make studies and investigations and, where necessary, 
surveys of all battlefields within the continental limits of the United 
States on which troops of the United States or of the original 13 
colonies have been engaged against a common enemy, with a view to 
preparing a general plan and such detailed projects as may be required 
for properly commemorating such battlefields or other adjacent points of 
historic and military interest.
  (b) Inclusion of Estimate of Cost of Projected Surveys in 
Appropriation Estimates.--The Secretary of the Army shall include 
annually in the Department of the Interior appropriation estimates a 
list of the battlefields for which surveys or other field investigations 
are planned for the fiscal year in question, with the estimated cost of 
making each survey or other field investigation.
  (c) Purchase of Real Estate for National Military Park Purposes.--No 
real estate shall be purchased for national military

[[Page 128 STAT. 3167]]

park purposes by the Federal Government unless a report on the real 
estate has been made by the Secretary of the Army through the President 
to Congress under subsection (d).
  (d) Report to Congress.--The Secretary of the Army, through the 
President, shall annually submit to Congress a detailed report of 
progress made under this subchapter, with recommendations for further 
operations.

                  Chapters 1035 through 1047--Reserved

                       Chapter 1049--Miscellaneous

Sec.
104901.  Central warehouses at System units.
104902.  Services or other accommodations for public.
104903.  Care, removal, and burial of indigents.
104904.  Hire of work animals, vehicles, and equipment with or without 
           personal services.
104905.  Preparation of mats for reproduction of photographs.
104906.  Protection of right of individuals to bear arms.
104907.  Limitation on extension or establishment of national parks in 
           Wyoming.

Sec. 104901. Central warehouses at System units

  (a) Authority of Secretary.--The Secretary, in the administration of 
the System, may maintain central warehouses at System units.
  (b) Appropriations.--
          (1) Availability.--Appropriations made for the administration, 
        protection, maintenance, and improvement of System units shall 
        be available for the purchase of supplies and materials to be 
        kept in central warehouses for distribution at cost, including 
        transportation and handling, to projects under specific 
        appropriations.
          (2) Transfers between appropriations.--
                  (A) Authorization.--Transfers between the various 
                appropriations made for System units are authorized for 
                the purpose of charging the cost of supplies and 
                materials, including transportation and handling, drawn 
                from central warehouses maintained under this authority 
                to the particular appropriation benefited.
                  (B) Availability of supplies and materials and 
                transfers in subsequent years.--Supplies and materials 
                that remain at the end of any fiscal year shall be 
                continuously available for issuance during subsequent 
                fiscal years and shall be charged for by transfers of 
                funds between appropriations made for the 
                administration, protection, maintenance, and improvement 
                of System units for the fiscal year then current without 
                decreasing the appropriations made for that fiscal year.

  (c) Limitation on Purchase of Supplies and Materials.--Supplies and 
materials shall not be purchased solely for the purpose of increasing 
the value of storehouse stock beyond reasonable requirements for any 
current fiscal year.

Sec. 104902. Services or other accommodations for public

  The Secretary may contract for services or other accommodations 
provided in System units for the public under contract with the

[[Page 128 STAT. 3168]]

Department of the Interior, as may be required in the administration of 
the Service, at rates approved by the Secretary for the furnishing of 
those services or accommodations to the Federal Government and without 
compliance with section 6101 of title 41.

Sec. 104903. Care, removal, and burial of indigents

  The Secretary may provide, out of amounts appropriated for the general 
expenses of System units, for the temporary care and removal from a 
System unit of indigents, and in case of death to provide for their 
burial in System units not under local jurisdiction for these purposes. 
This section does not authorize transportation of indigents or deceased 
for a distance of more than 50 miles from the System unit.

Sec. 104904. Hire of work animals, vehicles, and equipment with or 
                        without personal services

  The Secretary may hire, with or without personal services, work 
animals and animal-drawn and motor-propelled vehicles and equipment at 
rates to be approved by the Secretary and without compliance with 
section 6101 of title 41.

Sec. 104905. Preparation of mats for reproduction of photographs

  The Secretary shall prepare mats that may be used for the reproduction 
in magazines and newspapers of photographs of scenery in a System unit 
that, in the opinion of the Secretary, would be of interest to the 
people of the United States and foreign nations. The mats may be 
furnished, without charge and under regulations the Secretary may 
prescribe, to the publishers of magazines, newspapers, and any other 
publications that may carry photographic reproductions.

Sec. 104906. Protection of right of individuals to bear arms

  (a) Findings.--Congress finds the following:
          (1) The 2d amendment to the Constitution provides that ``the 
        right of the people to keep and bear Arms, shall not be 
        infringed''.
          (2) Section 2.4(a)(1) of title 36, Code of Federal 
        Regulations, provides that ``except as otherwise provided in 
        this section and parts 7 (special regulations) and 13 (Alaska 
        regulations), the following are prohibited: (i) Possessing a 
        weapon, trap or net (ii) Carrying a weapon, trap or net (iii) 
        Using a weapon, trap or net''.
          (3) The regulations described in paragraph (2) prevent 
        individuals complying with Federal and State laws from 
        exercising the 2d amendment rights of the individuals while at 
        System units.
          (4) The existence of different laws relating to the 
        transportation and possession of firearms at different System 
        units entrapped law-abiding gun owners while at System units.
          (5) Although the Bush administration issued new regulations 
        relating to the 2d amendment rights of law-abiding citizens in 
        System units that went into effect on January 9, 2009--
                  (A) on March 19, 2009, the United States District 
                Court for the District of Columbia granted a preliminary 
                injunction with respect to the implementation and 
                enforcement of the new regulations; and

[[Page 128 STAT. 3169]]

                  (B) the new regulations--
                        (i) are under review by the Obama 
                      administration; and
                        (ii) may be altered.
          (6) Congress needs to weigh in on the new regulations to 
        ensure that unelected bureaucrats and judges cannot again 
        override the 2d amendment rights of law-abiding citizens on 
        83,600,000 acres of System land.
          (7) Federal laws should make it clear that the 2d amendment 
        rights of an individual at a System unit should not be 
        infringed.

  (b) Protection of Right of Individuals To Bear Arms in System Units.--
The Secretary shall not promulgate or enforce any regulation that 
prohibits an individual from possessing a firearm, including an 
assembled or functional firearm, in any System unit if--
          (1) the individual is not otherwise prohibited by law from 
        possessing the firearm; and
          (2) the possession of the firearm is in compliance with the 
        law of the State in which the System unit is located.

Sec. 104907. Limitation on extension or establishment of national parks 
                        in Wyoming

  No extension or establishment of national parks in Wyoming may be 
undertaken except by express authorization of Congress.

          Division B--System Units and Related Areas--Reserved

                Subtitle II--Outdoor Recreation Programs

                 Chapter 2001--Coordination of Programs

Sec.
200101.  Findings and declaration of policy.
200102.  Definitions.
200103.  Authority of Secretary to carry out certain functions and 
           activities.
200104.  Consultations of Secretary with administrative officers; 
           execution of administrative responsibilities in conformity 
           with nationwide plan.

Sec. 200101. Findings and declaration of policy

  Congress finds and declares it is desirable--
          (1) that all American people of present and future generations 
        be assured adequate outdoor recreation resources; and
          (2) for all levels of government and private interests to take 
        prompt and coordinated action to the extent practicable without 
        diminishing or affecting their respective powers and functions 
        to conserve, develop, and utilize those resources for the 
        benefit and enjoyment of the American people.

Sec. 200102. Definitions

  As used in this chapter:
          (1) State.--The term ``State'', to the extent practicable, as 
        determined by the Secretary, includes Puerto Rico, Guam, 
        American Samoa, the Virgin Islands, and the Northern Mariana 
        Islands.
          (2) United States.--The term ``United States''--

[[Page 128 STAT. 3170]]

                  (A) includes the District of Columbia; and
                  (B) to the extent practicable, as determined by the 
                Secretary, includes Puerto Rico, Guam, American Samoa, 
                the Virgin Islands, and the Northern Mariana Islands.

Sec. 200103. Authority of Secretary to carry out certain functions and 
                        activities

  (a) In General.--To carry out this chapter, the Secretary may perform 
the functions and activities described in this section.
  (b) Inventory and Evaluation.--The Secretary may prepare and maintain 
a continuing inventory and evaluation of outdoor recreation needs and 
resources of the United States.
  (c) Classification System.--The Secretary may prepare a system for 
classification of outdoor recreation resources to assist in the 
effective and beneficial use and management of such resources.
  (d) Recreation Plan.--The Secretary may formulate and maintain a 
comprehensive nationwide outdoor recreation plan, taking into 
consideration the plans of the various Federal agencies, States, and 
their political subdivisions. The plan shall set forth the needs and 
demands of the public for outdoor recreation and the current and 
foreseeable availability in the future of outdoor recreation resources 
to meet those needs. The plan shall identify critical outdoor recreation 
problems, recommend solutions, and recommend desirable actions to be 
taken at each level of government and by private interests. The 
Secretary shall submit the plan to the President for transmittal to 
Congress. Revisions of the plan shall be similarly transmitted at 
succeeding 5-year intervals. When a plan or revision is transmitted to 
the Congress, the Secretary shall transmit copies to the chief executive 
officials of the States.
  (e) Technical Assistance and Advice.--The Secretary may provide 
technical assistance and advice to and cooperate with States, political 
subdivisions, and private interests, including nonprofit organizations, 
with respect to outdoor recreation.
  (f) Interstate and Regional Cooperation.--The Secretary may encourage 
interstate and regional cooperation in the planning, acquisition, and 
development of outdoor recreation resources.
  (g) Research, Information, and Education Programs and Activities.--The 
Secretary may--
          (1) sponsor, engage in, and assist in research relating to 
        outdoor recreation, directly or by contract or cooperative 
        agreements, and make payments for such purposes without regard 
        to the limitations of section 3324(a) and (b) of title 31 
        concerning advances of funds when the Secretary considers such 
        action to be in the public interest;
          (2) undertake studies and assemble information concerning 
        outdoor recreation, directly or by contract or cooperative 
        agreement, and disseminate the information without regard to 
        section 3204 of title 39; and
          (3) cooperate with educational institutions and others to 
        assist in establishing education programs and activities and to 
        encourage public use and benefits from outdoor recreation.

  (h) Cooperation and Coordination with Federal Agencies.--
          (1) In general.--The Secretary may--
                  (A) cooperate with and provide technical assistance to 
                Federal agencies and obtain from them information, data, 
                reports, advice, and assistance that are needed and can

[[Page 128 STAT. 3171]]

                reasonably be furnished in carrying out the purposes of 
                this chapter; and
                  (B) promote coordination of Federal plans and 
                activities generally relating to outdoor recreation.
          (2) Funding.--An agency furnishing advice or assistance under 
        this paragraph may expend its own funds for those purposes, with 
        or without reimbursement, as may be agreed to by that agency.

  (i) Donations.--The Secretary may accept and use donations of money, 
property, personal services, or facilities for the purposes of this 
chapter.

Sec. 200104. Consultations of Secretary with administrative officers; 
                        execution of administrative responsibilities in 
                        conformity with nationwide plan

  To carry out the policy declared in section 200101 of this title, the 
heads of Federal agencies having administrative responsibility over 
activities or resources the conduct or use of which is pertinent to 
fulfillment of that policy shall, individually or as a group--
          (1) consult with and be consulted by the Secretary from time 
        to time both with respect to their conduct of those activities 
        and their use of those resources and with respect to the 
        activities that the Secretary carries on under authority of this 
        chapter that are pertinent to their work; and
          (2) carry out that responsibility in general conformance with 
        the nationwide plan authorized under section 200103(d) of this 
        title.

             Chapter 2003--Land and Water Conservation Fund

Sec.
200301.  Definitions.
200302.  Establishment of Land and Water Conservation Fund.
200303.  Appropriations for expenditure of Fund amounts.
200304.  Statement of estimated requirements.
200305.  Financial assistance to States.
200306.  Allocation of Fund amounts for Federal purposes.
200307.  Availability of Fund amounts for publicity purposes.
200308.  Contracts for acquisition of land and water.
200309.  Contracts for options to acquire land and water in System.
200310.  Transfers to and from Fund.

Sec. 200301. Definitions

  In this chapter:
          (1) Fund.--The term ``Fund'' means the Land and Water 
        Conservation Fund established under section 200302 of this 
        title.
          (2) State.--The term ``State'' means a State, the District of 
        Columbia, Puerto Rico, Guam, American Samoa, the Virgin Islands, 
        and the Northern Mariana Islands.

Sec. 200302. Establishment of Land and Water Conservation Fund

  (a) Establishment.--There is established in the Treasury the Land and 
Water Conservation Fund.
  (b) Deposits.--During the period ending September 30, 2015, there 
shall be deposited in the Fund the following revenues and collections:

[[Page 128 STAT. 3172]]

          (1) All proceeds (except so much thereof as may be otherwise 
        obligated, credited, or paid under authority of the provisions 
        of law set forth in section 572(a) or 574(a) to (c) of title 40 
        or under authority of any appropriation Act that appropriates an 
        amount, to be derived from proceeds from the transfer of excess 
        property and the disposal of surplus property, for necessary 
        expenses, not otherwise provided for, incident to the 
        utilization and disposal of excess and surplus property) 
        received from any disposal of surplus real property and related 
        personal property under chapter 5 of title 40, notwithstanding 
        any provision of law that such proceeds shall be credited to 
        miscellaneous receipts of the Treasury. Nothing in this chapter 
        shall affect existing laws or regulations concerning disposal of 
        real or personal surplus property to schools, hospitals, and 
        States and their political subdivisions.
          (2) The amounts provided for in section 200310 of this title.

  (c) Authorization of Appropriations.--
          (1) In general.--In addition to the sum of the revenues and 
        collections estimated by the Secretary to be deposited in the 
        Fund pursuant to this section, there are authorized to be 
        appropriated annually to the Fund out of any money in the 
        Treasury not otherwise appropriated such amounts as are 
        necessary to make the income of the Fund not less than 
        $900,000,000 for each fiscal year through September 30, 2015.
          (2) Receipts under outer continental shelf lands act.--To the 
        extent that amounts appropriated under paragraph (1) are not 
        sufficient to make the total annual income of the Fund 
        equivalent to the amounts provided in paragraph (1), an amount 
        sufficient to cover the remainder shall be credited to the Fund 
        from revenues due and payable to the United States for deposit 
        in the Treasury as miscellaneous receipts under the Outer 
        Continental Shelf Lands Act (43 U.S.C. 1331 et seq.).
          (3) Availability of deposits.--Notwithstanding section 200303 
        of this title, money deposited in the Fund under this subsection 
        shall remain in the Fund until appropriated by Congress to carry 
        out this chapter.

Sec. 200303. Appropriations for expenditure of Fund amounts

  Amounts deposited in the Fund shall be available for expenditure for 
the purposes of this chapter only when appropriated for those purposes. 
The appropriations may be made without fiscal-year limitation. Amounts 
made available for obligation or expenditure from the Fund may be 
obligated or expended only as provided in this chapter.

Sec. 200304. Statement of estimated requirements

  There shall be submitted with the annual budget of the United States a 
comprehensive statement of estimated requirements during the ensuing 
fiscal year for appropriations from the Fund. Not less than 40 percent 
of such appropriations shall be available for Federal purposes.

Sec. 200305. Financial assistance to States

  (a) Authority of Secretary To Make Payments.--The Secretary may 
provide financial assistance to the States from amounts available for 
State purposes. Payments may be made to the States

[[Page 128 STAT. 3173]]

by the Secretary as provided in this section, subject to such terms and 
conditions as the Secretary considers appropriate and in the public 
interest to carry out the purposes of this chapter, for outdoor 
recreation:
          (1) Planning.
          (2) Acquisition of land, water, or interests in land or water.
          (3) Development.

  (b) Apportionment Among States.--Amounts appropriated and available 
for State purposes for each fiscal year shall be apportioned among the 
States by the Secretary, whose determination shall be final, in 
accordance with the following formula:
          (1) Forty percent of the 1st $225,000,000; 30 percent of the 
        next $275,000,000; and 20 percent of all additional 
        appropriations shall be apportioned equally among the States.
          (2) At any time, the remaining appropriation shall be 
        apportioned on the basis of need to individual States by the 
        Secretary in such amounts as in the Secretary's judgment will 
        best accomplish the purposes of this chapter. The determination 
        of need shall include consideration of---
                  (A) the proportion that the population of each State 
                bears to the total population of the United States;
                  (B) the use of outdoor recreation resources of each 
                State by persons from outside the State; and
                  (C) the Federal resources and programs in each State.
          (3) The total allocation to a State under paragraphs (1) and 
        (2) shall not exceed 10 percent of the total amount allocated to 
        all of the States in any one year.
          (4) The Secretary shall notify each State of its 
        apportionments. The amounts shall be available for payment to 
        the State for planning, acquisition, or development projects as 
        prescribed. Any amount of any apportionment that has not been 
        paid or obligated by the Secretary during the fiscal year in 
        which the notification is given and for 2 fiscal years 
        thereafter shall be reapportioned by the Secretary in accordance 
        with paragraph (2) without regard to the 10 percent limitation 
        to an individual State specified in this subsection.
          (5) For the purposes of paragraph (1), the District of 
        Columbia, Puerto Rico, Guam, American Samoa, the Virgin Islands, 
        and the Northern Mariana Islands shall be deemed to be one 
        State, and shall receive shares of the apportionment in 
        proportion to their populations.

  (c) Matching Requirements.--Payments to any State shall cover not more 
than 50 percent of the cost of planning, acquisition, or development 
projects that are undertaken by the State. The remaining share of the 
cost shall be borne by the State in a manner and with funds or services 
as shall be satisfactory to the Secretary.
  (d) Comprehensive State Plan.--
          (1) Required for consideration of financial assistance.--A 
        comprehensive statewide outdoor recreation plan shall be 
        required prior to the consideration by the Secretary of 
        financial assistance for acquisition or development projects. 
        The plan shall be adequate if, in the judgment of the Secretary, 
        it encompasses and will promote the purposes of this chapter. No 
        plan shall be approved unless the chief executive official of 
        the State certifies that ample opportunity for public 
        participation in plan development and revision has been 
        accorded. The

[[Page 128 STAT. 3174]]

        Secretary shall develop, in consultation with others, criteria 
        for public participation, which criteria shall constitute the 
        basis for the certification by the chief executive official. The 
        plan shall contain--
                  (A) the name of the State agency that will have 
                authority to represent and act for the State in dealing 
                with the Secretary for purposes of this chapter;
                  (B) an evaluation of the demand for and supply of 
                outdoor recreation resources and facilities in the 
                State;
                  (C) a program for the implementation of the plan; and
                  (D) other necessary information, as determined by the 
                Secretary.
          (2) Factors to be considered.--The plan shall take into 
        account relevant Federal resources and programs and shall be 
        correlated so far as practicable with other State, regional, and 
        local plans. Where there exists or is in preparation for any 
        particular State a comprehensive plan financed in part with 
        funds supplied by the Secretary of Housing and Urban 
        Development, any statewide outdoor recreation plan prepared for 
        purposes of this part shall be based on the same population, 
        growth, and other pertinent factors as are used in formulating 
        plans financed by the Secretary of Housing and Urban 
        Development.
          (3) Provision of assistance when plan not otherwise available 
        or to maintain plan.--The Secretary may provide financial 
        assistance to any State for projects for the preparation of a 
        comprehensive statewide outdoor recreation plan when the plan is 
        not otherwise available or for the maintenance of the plan.
          (4) Wetlands.--A comprehensive statewide outdoor recreation 
        plan shall specifically address wetlands within the State as an 
        important outdoor recreation resource as a prerequisite to 
        approval, except that a revised comprehensive statewide outdoor 
        recreation plan shall not be required by the Secretary, if a 
        State submits, and the Secretary, acting through the Director, 
        approves, as a part of and as an addendum to the existing 
        comprehensive statewide outdoor recreation plan, a wetlands 
        priority plan developed in consultation with the State agency 
        with responsibility for fish and wildlife resources and 
        consistent with the national wetlands priority conservation plan 
        developed under section 301 of the Emergency Wetlands Resources 
        Act of 1986 (16 U.S.C. 3921) or, if the national plan has not 
        been completed, consistent with the provisions of that section.

  (e) Projects for Land and Water Acquisition and Development of Basic 
Outdoor Recreation Facilities.--
          (1) In general.--In addition to assistance for planning 
        projects, the Secretary may provide financial assistance to any 
        State for the types of projects described in paragraphs (2) and 
        (3), or combinations of those projects, if the projects are in 
        accordance with the State comprehensive plan.
          (2) Acquisition of land or water.--
                  (A) In general.--Under paragraph (1), the Secretary 
                may provide financial assistance for a project for the 
                acquisition of land, water, or an interest in land or 
                water, or a wetland area or an interest in a wetland 
                area, as identified in the wetlands provisions of the 
                comprehensive

[[Page 128 STAT. 3175]]

                plan (other than land, water, or an interest in land or 
                water acquired from the United States for less than fair 
                market value), but not including incidental costs 
                relating to acquisition.
                  (B) Retention of right of use and occupancy.--When a 
                State provides that the owner of a single-family 
                residence may, at the owner's option, elect to retain a 
                right of use and occupancy for not less than 6 months 
                after the date of acquisition of the residence and the 
                owner elects to retain such a right--
                        (i) the owner shall be deemed to have waived any 
                      benefits under sections 203 to 206 of the Uniform 
                      Relocation Assistance and Real Property 
                      Acquisition Policies Act of 1970 (42 U.S.C. 4623 
                      to 4626); and
                        (ii) for the purposes of those sections the 
                      owner shall not be deemed to be a displaced person 
                      as defined in section 101 of that Act (42 U.S.C. 
                      4601).
          (3) Development of basic outdoor recreation facilities.--Under 
        paragraph (1), the Secretary may provide financial assistance 
        for a project for development of basic outdoor recreation 
        facilities to serve the general public, including the 
        development of Federal land under lease to States for terms of 
        25 years or more. No assistance shall be available under this 
        chapter to enclose or shelter a facility normally used for an 
        outdoor recreation activity, but the Secretary may permit local 
        funding, not to exceed 10 percent of the total amount allocated 
        to a State in any one year, to be used for construction of a 
        sheltered facility for a swimming pool or ice skating rink in an 
        area where the Secretary determines that the construction is 
        justified by the severity of climatic conditions and the 
        increased public use made possible by the construction.

  (f) Payments.--
          (1) Criteria for making payments.--The Secretary may make a 
        payment to a State only for a planning, acquisition, or 
        development project that is approved by the Secretary. The 
        Secretary shall not make a payment for or on account of any 
        project with respect to which financial assistance has been 
        given or promised under any other Federal program or activity, 
        and no financial assistance shall be given under any other 
        Federal program or activity for or on account of any project 
        with respect to which the assistance has been given or promised 
        under this chapter. The Secretary may make payments from time to 
        time in keeping with the rate of progress toward the 
        satisfactory completion of a project. The approval of all 
        projects and all payments, or any commitments relating thereto, 
        shall be withheld until the Secretary receives appropriate 
        written assurance from the State that the State has the ability 
        and intention to finance its share of the cost of all of the 
        projects, and to operate and maintain by acceptable standards, 
        at State expense, the properties or facilities acquired or 
        developed for public outdoor recreation use.
          (2) Payment recipients.--Payments for all projects shall be 
        made by the Secretary to the chief executive official of the 
        State or to a State official or agency designated by the chief 
        executive official or by State law having authority and 
        responsibility to accept and to administer funds paid under this 
        section for approved projects. If consistent with an

[[Page 128 STAT. 3176]]

        approved project, funds may be transferred by the State to a 
        political subdivision or other appropriate public agency.
          (3) Conversion to other than public outdoor recreation use.--
        No property acquired or developed with assistance under this 
        section shall, without the approval of the Secretary, be 
        converted to other than public outdoor recreation use. The 
        Secretary shall approve a conversion only if the Secretary finds 
        it to be in accordance with the then-existing comprehensive 
        statewide outdoor recreation plan and only on such conditions as 
        the Secretary considers necessary to ensure the substitution of 
        other recreation properties of at least equal fair market value 
        and of reasonably equivalent usefulness and location. Wetland 
        areas and interests therein as identified in the wetlands 
        provisions of the comprehensive plan and proposed to be acquired 
        as suitable replacement property within the same State that is 
        otherwise acceptable to the Secretary, acting through the 
        Director, shall be deemed to be of reasonably equivalent 
        usefulness with the property proposed for conversion.
          (4) Reports and accounting procedures.--No payment shall be 
        made to any State until the State has agreed to--
                  (A) provide such reports to the Secretary in such form 
                and containing such information as may be reasonably 
                necessary to enable the Secretary to perform the 
                Secretary's duties under this chapter; and
                  (B) provide such fiscal control and fund accounting 
                procedures as may be necessary to ensure proper 
                disbursement and accounting for Federal funds paid to 
                the State under this chapter.

  (g) Records.--A recipient of assistance under this chapter shall keep 
such records as the Secretary shall prescribe, including records that 
fully disclose--
          (1) the amount and the disposition by the recipient of the 
        proceeds of the assistance;
          (2) the total cost of the project or undertaking in connection 
        with which the assistance is given or used; and
          (3) the amount and nature of that portion of the cost of the 
        project or undertaking supplied by other sources, and such other 
        records as will facilitate an effective audit.

  (h) Access to Records.--The Secretary, and the Comptroller General, or 
any of their duly authorized representatives, shall have access for the 
purpose of audit and examination to any records of the recipient that 
are pertinent to assistance received under this chapter.
  (i) Prohibition of Discrimination.--With respect to property acquired 
or developed with assistance from the Fund, discrimination on the basis 
of residence, including preferential reservation or membership systems, 
is prohibited except to the extent that reasonable differences in 
admission and other fees may be maintained on the basis of residence.
  (j) Coordination With Federal Agencies.--To ensure consistency in 
policies and actions under this chapter with other related Federal 
programs and activities and to ensure coordination of the planning, 
acquisition, and development assistance to States under this section 
with other related Federal programs and activities--
          (1) the President may issue such regulations with respect 
        thereto as the President considers desirable; and

[[Page 128 STAT. 3177]]

          (2) the assistance may be provided only in accordance with the 
        regulations.

  (k) Capital Improvement and Other Projects To Reduce Crime.--
          (1) Availability and purpose of funds.--In addition to 
        assistance for planning projects, and in addition to the 
        projects identified in subsection (e), and from amounts 
        appropriated out of the Violent Crime Reduction Trust Fund, the 
        Secretary may provide financial assistance to the States, not to 
        exceed $15,000,000, for projects or combinations thereof for the 
        purpose of making capital improvements and other measures to 
        increase safety in urban parks and recreation areas, including 
        funds to--
                  (A) increase lighting within or adjacent to public 
                parks and recreation areas;
                  (B) provide emergency telephone lines to contact law 
                enforcement or security personnel in areas within or 
                adjacent to public parks and recreation areas;
                  (C) increase security personnel within or adjacent to 
                public parks and recreation areas; and
                  (D) fund any other project intended to increase the 
                security and safety of public parks and recreation 
                areas.
          (2) Eligibility.--In addition to the requirements for project 
        approval imposed by this section, eligibility for assistance 
        under this subsection shall depend on a showing of need. In 
        providing funds under this subsection, the Secretary shall give 
        priority to projects proposed for urban parks and recreation 
        areas with the highest rates of crime and, in particular, to 
        urban parks and recreation areas with the highest rates of 
        sexual assault.
          (3) Federal share.--Notwithstanding subsection (c), the 
        Secretary may provide 70 percent improvement grants for projects 
        undertaken by a State for the purposes described in this 
        subsection.

Sec. 200306. Allocation of Fund amounts for Federal purposes

  (a) Allowable Purposes and Subpurposes.--
          (1) In general.--Amounts appropriated from the Fund for 
        Federal purposes shall, unless otherwise allotted in the 
        appropriation Act making them available, be allotted by the 
        President for the purposes and subpurposes stated in this 
        subsection.
          (2) Acquisition of land, water, or an interest in land or 
        water.--
                  (A) System units and recreation areas administered for 
                recreation purposes.--Amounts shall be allotted for the 
                acquisition of land, water, or an interest in land or 
                water within the exterior boundary of--
                        (i) a System unit authorized or established; and
                        (ii) an area authorized to be administered by 
                      the Secretary for outdoor recreation purposes.
                  (B) National forest system.--
                        (i) In general.--Amounts shall be allotted for 
                      the acquisition of land, water, or an interest in 
                      land or water within inholdings within--
                                  (I) wilderness areas of the National 
                                Forest System; and
                                  (II) other areas of national forests 
                                as the boundaries of those forests 
                                existed on January 1, 1965,

[[Page 128 STAT. 3178]]

                                or purchase units approved by the 
                                National Forest Reservation Commission 
                                subsequent to January 1, 1965, all of 
                                which other areas are primarily of value 
                                for outdoor recreation purposes.
                        (ii) Adjacent land.--Land outside but adjacent 
                      to an existing national forest boundary, not to 
                      exceed 3,000 acres in the case of any one forest, 
                      that would comprise an integral part of a forest 
                      recreational management area may also be acquired 
                      with amounts appropriated from the Fund.
                        (iii) Limitation.--Except for areas specifically 
                      authorized by Act of Congress, not more than 15 
                      percent of the acreage added to the National 
                      Forest System pursuant to this section shall be 
                      west of the 100th meridian.
                  (C) Endangered species and threatened species; fish 
                and wildlife refuge areas; national wildlife refuge 
                system.--Amounts shall be allotted for the acquisition 
                of land, water, or an interest in land or water for--
                        (i) endangered species and threatened species 
                      authorized under section 5(a) of the Endangered 
                      Species Act of 1973 (16 U.S.C. 1534(a));
                        (ii) areas authorized by section 2 of the Refuge 
                      Recreation Act (16 U.S.C. 460k-1);
                        (iii) national wildlife refuge areas under 
                      section 7(a)(4) of the Fish and Wildlife Act of 
                      1956 (16 U.S.C. 742f(a)(4)) and wetlands acquired 
                      under section 304 of the Emergency Wetlands 
                      Resources Act of 1986 (16 U.S.C. 3922); and
                        (iv) any area authorized for the National 
                      Wildlife Refuge System by specific Acts.
          (3) Payment as offset of capital costs.--Amounts shall be 
        allotted for payment into miscellaneous receipts of the Treasury 
        as a partial offset for capital costs, if any, of Federal water 
        development projects authorized to be constructed by or pursuant 
        to an Act of Congress that are allocated to public recreation 
        and the enhancement of fish and wildlife values and financed 
        through appropriations to water resource agencies.
          (4) Availability of appropriations.--Appropriations allotted 
        for the acquisition of land, water, or an interest in land or 
        water as set forth under subparagraphs (A) and (B) of paragraph 
        (2) shall be available for those acquisitions notwithstanding 
        any statutory ceiling on the appropriations contained in any 
        other provision of law enacted prior to January 4, 1977, or, in 
        the case of national recreation areas, prior to January 15, 
        1979, except that for any such area expenditures shall not 
        exceed a statutory ceiling during any one fiscal year by 10 
        percent of the ceiling or $1,000,000, whichever is greater.

  (b) Acquisition Restrictions.--Appropriations from the Fund pursuant 
to this section shall not be used for acquisition unless the acquisition 
is otherwise authorized by law. Appropriations from the Fund may be used 
for preacquisition work where authorization is imminent and where 
substantial monetary savings could be realized.

[[Page 128 STAT. 3179]]

Sec. 200307. Availability of Fund amounts for publicity purposes

  (a) In General.--Amounts derived from the sources listed in section 
200302 of this title shall not be available for publicity purposes.
  (b) Exception for Temporary Signing.--In a case where significant 
acquisition or development is initiated, appropriate standardized 
temporary signing shall be located on or near the affected site, to the 
extent feasible, so as to indicate the action taken is a product of 
funding made available through the Fund. The signing may indicate the 
percentage amounts and dollar amounts financed by Federal and non-
Federal funds, and that the source of the funding includes amounts 
derived from Outer Continental Shelf receipts. The Secretary shall 
prescribe standards and guidelines for the usage of the signing to 
ensure consistency of design and application.

Sec. 200308. Contracts for acquisition of land and water

  Not more than $30,000,000 of the amount authorized to be appropriated 
from the Fund by section 200303 of this title may be obligated by 
contract during each fiscal year for the acquisition of land, water, or 
interest in land or water within areas specified in section 200306(a)(2) 
of this title. The contract may be executed by the head of the 
department concerned, within limitations prescribed by the Secretary. 
The contract shall be a contractual obligation of the United States and 
shall be liquidated with money appropriated from the Fund specifically 
for liquidation of that contract obligation. No contract may be entered 
into for the acquisition of property pursuant to this section unless the 
acquisition is otherwise authorized by Federal law.

Sec. 200309. Contracts for options to acquire land and water in System

  The Secretary may enter into contracts for options to acquire land, 
water, or interests in land or water within the exterior boundaries of 
any area the acquisition of which is authorized by law for inclusion in 
the System. The minimum period of any such option shall be 2 years, and 
any sums expended for the purchase of an option shall be credited to the 
purchase price of the area. Not more than $500,000 of the sum authorized 
to be appropriated from the Fund by section 200303 of this title may be 
expended by the Secretary in any one fiscal year for the options.

Sec. 200310. Transfers to and from Fund

  (a) Motorboat Fuel Taxes.--There shall be set aside in the Fund the 
amounts specified in section 9503(c)(3)(B) of the Internal Revenue Code 
of 1986 (26 U.S.C. 9503(c)(3)(B)).
  (b) Refunds of Taxes.--There shall be paid from time to time from the 
Fund into the general fund of the Treasury amounts estimated by the 
Secretary of the Treasury as equivalent to--
          (1) the amounts paid before October 1, 2017, under section 
        6421 of the Internal Revenue Code of 1986 (26 U.S.C. 6421) with 
        respect to gasoline used after December 31, 1964, in motorboats, 
        on the basis of claims filed for periods ending before October 
        1, 2016; and
          (2) 80 percent of the floor stocks refunds made before October 
        1, 2017, under section 6412(a)(1) of the Internal Revenue Code

[[Page 128 STAT. 3180]]

        of 1986 (26 U.S.C. 6412(a)(1)) with respect to gasoline to be 
        used in motorboats.

        Chapter 2005--Urban Park and Recreation Recovery Program

Sec.
200501.  Definitions.
200502.  Federal assistance.
200503.  Rehabilitation grants and innovation grants.
200504.  Recovery action programs.
200505.  State action.
200506.  Non-Federal share of project costs.
200507.  Conversion of recreation property.
200508.  Coordination of program.
200509.  Recordkeeping.
200510.  Inapplicability of matching provisions.
200511.  Funding limitations.

Sec. 200501. Definitions

  In this chapter:
          (1) At-risk youth recreation grant.--
                  (A) In general.--The term ``at-risk youth recreation 
                grant'' means a grant in a neighborhood or community 
                with a high prevalence of crime, particularly violent 
                crime or crime committed by youthful offenders.
                  (B) Inclusions.--The term ``at-risk youth recreation 
                grant'' includes--
                        (i) a rehabilitation grant;
                        (ii) an innovation grant; and
                        (iii) a matching grant for continuing program 
                      support for a program of demonstrated value or 
                      success in providing constructive alternatives to 
                      youth at risk for engaging in criminal behavior, 
                      including a grant for operating, or coordinating, 
                      a recreation program or service.
                  (C) Additional uses of rehabilitation grant.--In 
                addition to the purposes specified in paragraph (8), a 
                rehabilitation grant that serves as an at-risk youth 
                recreation grant may be used for the provision of 
                lighting, emergency phones, or any other capital 
                improvement that will improve the security of an urban 
                park.
          (2) General purpose local government.--The term ``general 
        purpose local government'' means--
                  (A) a city, county, town, township, village, or other 
                general purpose political subdivision of a State; and
                  (B) the District of Columbia.
          (3) Innovation grant.--The term ``innovation grant'' means a 
        matching grant to a local government to cover costs of 
        personnel, facilities, equipment, supplies, or services designed 
        to demonstrate innovative and cost-effective ways to augment 
        park and recreation opportunities at the neighborhood level and 
        to address common problems related to facility operations and 
        improved delivery of recreation service, not including routine 
        operation and maintenance activities.
          (4) Maintenance.--The term ``maintenance'' means all commonly 
        accepted practices necessary to keep recreation areas and 
        facilities operating in a state of good repair and to protect 
        them from deterioration resulting from normal wear and tear.

[[Page 128 STAT. 3181]]

          (5) Private, nonprofit agency.--The term ``private, nonprofit 
        agency'' means a community-based, nonprofit organization, 
        corporation, or association organized for purposes of providing 
        recreational, conservation, and educational services directly to 
        urban residents on a neighborhood or communitywide basis through 
        voluntary donations, voluntary labor, or public or private 
        grants.
          (6) Recovery action program grant.--
                  (A) In general.--The term ``recovery action program 
                grant'' means a matching grant to a local government for 
                development of local park and recreation recovery action 
                programs to meet the requirements of this chapter.
                  (B) Use.--A recovery action program grant shall be 
                used for resource and needs assessment, coordination, 
                citizen involvement and planning, and program 
                development activities to--
                        (i) encourage public definition of goals; and
                        (ii) develop priorities and strategies for 
                      overall recreation system recovery.
          (7) Recreation area or facility.--The term ``recreation area 
        or facility'' means an indoor or outdoor park, building, site, 
        or other facility that is dedicated to recreation purposes and 
        administered by a public or private nonprofit agency to serve 
        the recreation needs of community residents. Emphasis shall be 
        on public facilities readily accessible to residential 
        neighborhoods, including multiple-use community centers that 
        have recreation as one of their primary purposes, but excluding 
        major sports arenas, exhibition areas, and conference halls used 
        primarily for commercial sports, spectator, or display 
        activities.
          (8) Rehabilitation grant.--The term ``rehabilitation grant'' 
        means a matching capital grant to a local government for 
        rebuilding, remodeling, expanding, or developing an existing 
        outdoor or indoor recreation area or facility, including 
        improvements in park landscapes, buildings, and support 
        facilities, but excluding routine maintenance and upkeep 
        activities.
          (9) Special purpose local government.--
                  (A) In general.--The term ``special purpose local 
                government'' means a local or regional special district, 
                public-purpose corporation, or other limited political 
                subdivision of a State.
                  (B) Inclusions.--The term ``special purpose local 
                government'' includes--
                        (i) a park authority;
                        (ii) a park, conservation, water, or sanitary 
                      district; and
                        (iii) a school district.
          (10) State.--The term ``State'' means a State, an 
        instrumentality of a State approved by the Governor of the 
        State, Puerto Rico, Guam, American Samoa, the Virgin Islands, 
        and the Northern Mariana Islands.

Sec. 200502. Federal assistance

  (a) Eligibility Determined by Secretary.--Eligibility of general 
purpose local governments for assistance under this chapter shall be 
based on need as determined by the Secretary. The Secretary shall 
publish in the Federal Register a list of local governments

[[Page 128 STAT. 3182]]

eligible to participate in this program, to be accompanied by a 
discussion of criteria used in determining eligibility. Criteria shall 
be based on factors that the Secretary determines are related to 
deteriorated recreational facilities or systems and physical and 
economic distress.
  (b) Additional Eligible General Purpose Local Governments.--In 
addition to eligible local governments established in accordance with 
subsection (a), the Secretary may establish eligibility, in accord with 
the findings and purpose of the Urban Park and Recreation Recovery Act 
of 1978 (Public Law 95-625, 92 Stat. 3538), of other general purpose 
local governments in metropolitan statistical areas as defined by the 
Director of the Office of Management and Budget.
  (c) Priority Criteria for Project Selection and Approval.--
          (1) In general.--The Secretary shall establish priority 
        criteria for project selection and approval that consider such 
        factors as--
                  (A) population;
                  (B) condition of existing recreation areas and 
                facilities;
                  (C) demonstrated deficiencies in access to 
                neighborhood recreation opportunities, particularly for 
                minority and low- and moderate-income residents;
                  (D) public participation in determining rehabilitation 
                or development needs;
                  (E) the extent to which a project supports or 
                complements target activities undertaken as part of a 
                local government's overall community development and 
                urban revitalization program;
                  (F) the extent to which a proposed project would 
                provide--
                        (i) employment opportunities for minorities, 
                      youth, and low- and moderate-income residents in 
                      the project neighborhood;
                        (ii) for participation of neighborhood, 
                      nonprofit, or tenant organizations in the proposed 
                      rehabilitation activity or in subsequent 
                      maintenance, staffing, or supervision of 
                      recreation areas and facilities; or
                        (iii) both; and
                  (G) the amount of State and private support for a 
                project as evidenced by commitments of non-Federal 
                resources to project construction or operation.
          (2) At-risk youth recreation grants.--For at-risk youth 
        recreation grants, the Secretary shall give a priority to each 
        of the following criteria:
                  (A) Programs that are targeted to youth who are at the 
                greatest risk of becoming involved in violence and 
                crime.
                  (B) Programs that teach important values and life 
                skills, including teamwork, respect, leadership, and 
                self-esteem.
                  (C) Programs that offer tutoring, remedial education, 
                mentoring, and counseling in addition to recreation 
                opportunities.
                  (D) Programs that offer services during late night or 
                other nonschool hours.
                  (E) Programs that demonstrate collaboration between 
                local park and recreation, juvenile justice, law 
                enforcement, and youth social service agencies and 
                nongovernmental

[[Page 128 STAT. 3183]]

                entities, including the private sector and community and 
                nonprofit organizations.
                  (F) Programs that leverage public or private 
                recreation investments in the form of services, 
                materials, or cash.
                  (G) Programs that show the greatest potential of being 
                continued with non-Federal funds or that can serve as 
                models for other communities.

  (d) Limitation of Funds.--Grants to discretionary applicants under 
subsection (b) may not be more than 15 percent of the total amount of 
funds appropriated under this chapter for rehabilitation grants, 
innovation grants, and recovery action program grants.

Sec. 200503. Rehabilitation grants and innovation grants

  (a) Matching Grants.--The Secretary may provide 70 percent matching 
rehabilitation grants and innovation grants directly to eligible general 
purpose local governments on the Secretary's approval of applications 
for the grants by the chief executive officials of those governments.
  (b) Special Considerations.--An innovation grant should be closely 
tied to goals, priorities, and implementation strategies expressed in 
local park and recreation recovery action programs, with particular 
regard to the special considerations listed in section 200504(c)(2) of 
this title.
  (c) Transfer.--If consistent with an approved application, a grant 
recipient may transfer a rehabilitation grant or innovation grant in 
whole or in part to an independent special purpose local government, 
private nonprofit agency, or county or regional park authority if the 
assisted recreation area or facility owned or managed by the transferree 
offers recreation opportunities to the general population within the 
jurisdictional boundaries of the grant recipient.
  (d) Payments.--Payments may be made only for a rehabilitation project 
or innovation project that has been approved by the Secretary. Payments 
may be made from time to time in keeping with the rate of progress 
toward the satisfactory completion of the project, except that the 
Secretary, when appropriate, may make advance payments on an approved 
rehabilitation project or innovation project in an amount not to exceed 
20 percent of the total project cost.
  (e) Modification of Project.--The Secretary may authorize modification 
of an approved project only when a grant recipient adequately 
demonstrates that the modification is necessary because of circumstances 
not foreseeable at the time at which the project was proposed.

Sec. 200504. Recovery action programs

  (a) Evidence of Local Commitment to Ongoing Programs.--As a 
requirement for project approval, local governments applying for 
assistance under this chapter shall submit to the Secretary evidence of 
their commitments to ongoing planning, rehabilitation, service, 
operation, and maintenance programs for their park and recreation 
systems. These commitments will be expressed in local park and 
recreation recovery action programs that maximize coordination of all 
community resources, including other federally supported urban 
development and recreation programs. During an initial interim period to 
be established by regulations under this chapter, this requirement may 
be satisfied by local government

[[Page 128 STAT. 3184]]

submissions of preliminary action programs that briefly define 
objectives, priorities, and implementation strategies for overall system 
recovery and maintenance and commit the applicant to a scheduled program 
development process. Following this interim period, all local applicants 
shall submit to the Secretary, as a condition of eligibility, a 5-year 
action program for park and recreation recovery that satisfactorily 
demonstrates--
          (1) systematic identification of recovery objectives, 
        priorities, and implementation strategies;
          (2) adequate planning for rehabilitation of specific 
        recreation areas and facilities, including projections of the 
        cost of proposed projects;
          (3) the capacity and commitment to ensure that facilities 
        provided or improved under this chapter shall continue to be 
        adequately maintained, protected, staffed, and supervised;
          (4) the intention to maintain total local public outlays for 
        park and recreation purposes at levels at least equal to those 
        in the year preceding that in which grant assistance is sought 
        except in any case where a reduction in park and recreation 
        outlays is proportionate to a reduction in overall spending by 
        the applicant; and
          (5) the relationship of the park and recreation recovery 
        program to overall community development and urban 
        revitalization efforts.

  (b) Continuing Planning Process.--Where appropriate, the Secretary may 
encourage local governments to meet action program requirements through 
a continuing planning process that includes periodic improvements and 
updates in action program submissions to eliminate identified gaps in 
program information and policy development.
  (c) Special Considerations.--Action programs shall address, but are 
not limited to--
          (1) rehabilitation of existing recreational areas and 
        facilities, including--
                  (A) general systemwide renovation;
                  (B) special rehabilitation requirements for 
                recreational areas and facilities in areas of high 
                population concentration and economic distress; and
                  (C) restoration of outstanding or unique structures, 
                landscaping, or similar features in parks of historical 
                or architectural significance; and
          (2) local commitments to innovative and cost-effective 
        programs and projects at the neighborhood level to augment 
        recovery of park and recreation systems, including--
                  (A) recycling of abandoned schools and other public 
                buildings for recreational purposes;
                  (B) multiple use of operating educational and other 
                public buildings, purchase of recreation services on a 
                contractual basis;
                  (C) use of mobile facilities and recreational, 
                cultural, and educational programs or other innovative 
                approaches to improving access for neighborhood 
                residents;
                  (D) integration of recovery program with federally 
                assisted projects to maximize recreational opportunities 
                through conversion of abandoned railroad and highway 
                rights of way, waterfront, and other redevelopment 
                efforts

[[Page 128 STAT. 3185]]

                and such other federally assisted projects as may be 
                appropriate;
                  (E) conversion of recreation use of street space, 
                derelict land, and other public land not now designated 
                for neighborhood recreational use; and
                  (F) use of various forms of compensated and 
                uncompensated land regulation, tax inducements, or other 
                means to encourage the private sector to provide 
                neighborhood park and recreation facilities and 
                programs.

  (d) Publication in Federal Register.--The Secretary shall establish 
and publish in the Federal Register requirements for preparation, 
submission, and updating of local park and recreation recovery action 
programs.
  (e) Eligibility for At-Risk Youth Recreation Grants.--To be eligible 
to receive at-risk youth recreation grants a local government shall 
amend its 5-year action program to incorporate the goal of reducing 
crime and juvenile delinquency and to provide a description of the 
implementation strategies to achieve this goal. The plan shall also 
address how the local government is coordinating its recreation programs 
with crime prevention efforts of law enforcement, juvenile corrections, 
and youth social service agencies.
  (f) Matching Recovery Action Program Grants.--The Secretary may 
provide up to 50 percent matching recovery action program grants to 
eligible local governments for program development and planning 
specifically to meet the objectives of this chapter.

Sec. 200505. State action

  (a) Additional Match.--The Secretary may increase rehabilitation 
grants or innovation grants authorized in section 200503 of this title 
by providing an additional match equal to the total match provided by a 
State of up to 15 percent of total project costs. The Federal matching 
amount shall not exceed 85 percent of total project cost.
  (b) Adequate Implementation of Local Recovery Plans.--The Secretary 
shall encourage States to assist the Secretary in ensuring--
          (1) that local recovery plans and programs are adequately 
        implemented by cooperating with the Secretary in monitoring 
        local park and recreation recovery plans and programs; and
          (2) consistency of the plans and programs, where appropriate, 
        with State recreation policies as set forth in statewide 
        comprehensive outdoor recreation plans.

Sec. 200506. Non-Federal share of project costs

  (a) Sources.--
          (1) Allowable sources.--The non-Federal share of project costs 
        assisted under this chapter may be derived from general or 
        special purpose State or local revenues, State categorical 
        grants, special appropriations by State legislatures, donations 
        of land, buildings, or building materials, and in-kind 
        construction, technical, and planning services. Reasonable local 
        costs of recovery action program development to meet the 
        requirements of section 200504(a) of this title may be used as 
        part of the local match only when the local government has not 
        received a recovery action program grant.

[[Page 128 STAT. 3186]]

          (2) Non-allowable sources.--No amount from the Land and Water 
        Conservation Fund or from any other Federal grant program other 
        than the community development block grant programs shall be 
        used to match Federal grants under this program.

  (b) Encouragement of States and Private Interests.--The Secretary 
shall encourage States and private interests to contribute, to the 
maximum extent possible, to the non-Federal share of project costs.

Sec. 200507. Conversion of recreation property

  No property improved or developed with assistance under this chapter 
shall, without the approval of the Secretary, be converted to other than 
public recreation uses. The Secretary shall approve such a conversion 
only if the Secretary finds it to be in accord with the then-current 
local park and recreation recovery action program and only on such 
conditions as the Secretary considers necessary to ensure the provision 
of adequate recreation properties and opportunities of reasonably 
equivalent location and usefulness.

Sec. 200508. Coordination of program

  The Secretary shall--
          (1) coordinate the urban park and recreation recovery program 
        with the total urban recovery effort and cooperate to the 
        fullest extent possible with other Federal agencies and with 
        State agencies that administer programs and policies affecting 
        urban areas, including programs in housing, urban development, 
        natural resources management, employment, transportation, 
        community services, and voluntary action;
          (2) encourage maximum coordination of the program between 
        State agencies and local applicants; and
          (3) require that local applicants include provisions for 
        participation of community and neighborhood residents and for 
        public-private coordination in recovery planning and project 
        selection.

Sec. 200509. Recordkeeping

  (a) In General.--A recipient of assistance under this chapter shall 
keep such records as the Secretary shall prescribe, including--
          (1) records that disclose--
                  (A) the amount and disposition of project undertakings 
                in connection with which assistance under this chapter 
                is given or used; and
                  (B) the amount and nature of the portion of the cost 
                of the project or undertaking that is supplied by other 
                sources; and
          (2) such other records as will facilitate an effective audit.

  (b) Access.--The Secretary and the Comptroller General shall have 
access for the purpose of audit and examination to any records of the 
recipient that are pertinent to assistance received under this chapter.

Sec. 200510. Inapplicability of matching provisions

  Amounts authorized for Guam, American Samoa, the Virgin Islands, and 
the Northern Mariana Islands are not subject to the matching provisions 
of this chapter, and may be subject only to such conditions, reports, 
plans, and agreements, if any, as the Secretary may determine.

[[Page 128 STAT. 3187]]

Sec. 200511. Funding limitations

  (a) Limitation of Funds.--The amount of grants made under this chapter 
for projects in any one State for any fiscal year shall not be more than 
15 percent of the amount made available for grants to all of the States 
for that fiscal year.
  (b) Recovery Action Program Grants.--Not more than 3 percent of the 
amount made available for grants under this chapter for a fiscal year 
shall be used for recovery action program grants.
  (c) Innovation Grants.--Not more than 10 percent of the amount made 
available for grants under this chapter for a fiscal year shall be used 
for innovation grants.
  (d) Program Support.--Not more than 25 percent of the amount made 
available under this chapter to any local government shall be used for 
program support.
  (e) No Land Acquisition.--No funds made available under this chapter 
shall be used for the acquisition of land or an interest in land.

              Subtitle III--National Preservation Programs

                    Division A--Historic Preservation

                    Subdivision 1--General Provisions

                          Chapter 3001--Policy

Sec.
300101.  Policy.

Sec. 300101. Policy

  It is the policy of the Federal Government, in cooperation with other 
nations and in partnership with States, local governments, Indian 
tribes, Native Hawaiian organizations, and private organizations and 
individuals, to--
          (1) use measures, including financial and technical 
        assistance, to foster conditions under which our modern society 
        and our historic property can exist in productive harmony and 
        fulfill the social, economic, and other requirements of present 
        and future generations;
          (2) provide leadership in the preservation of the historic 
        property of the United States and of the international community 
        of nations and in the administration of the national 
        preservation program;
          (3) administer federally owned, administered, or controlled 
        historic property in a spirit of stewardship for the inspiration 
        and benefit of present and future generations;
          (4) contribute to the preservation of nonfederally owned 
        historic property and give maximum encouragement to 
        organizations and individuals undertaking preservation by 
        private means;
          (5) encourage the public and private preservation and 
        utilization of all usable elements of the Nation's historic 
        built environment; and

[[Page 128 STAT. 3188]]

          (6) assist State and local governments, Indian tribes and 
        Native Hawaiian organizations, and the National Trust to expand 
        and accelerate their historic preservation programs and 
        activities.

                        Chapter 3003--Definitions

Sec.
300301.  Agency.
300302.  Certified local government.
300303.  Council.
300304.  Cultural park.
300305.  Historic conservation district.
300306.  Historic Preservation Fund.
300307.  Historic preservation review commission.
300308.  Historic property.
300309.  Indian tribe.
300310.  Local government.
300311.  National Register.
300312.  National Trust.
300313.  Native Hawaiian.
300314.  Native Hawaiian organization.
300315.  Preservation or historic preservation.
300316.  Secretary.
300317.  State.
300318.  State historic preservation review board.
300319.  Tribal land.
300320.  Undertaking.
300321.  World Heritage Convention.

Sec. 300301. Agency

  In this division, the term ``agency'' has the meaning given the term 
in section 551 of title 5.

Sec. 300302. Certified local government

  In this division, the term ``certified local government'' means a 
local government whose local historic preservation program is certified 
pursuant to chapter 3025 of this title.

Sec. 300303. Council

  In this division, the term ``Council'' means the Advisory Council on 
Historic Preservation established by section 304101 of this title.

Sec. 300304. Cultural park

  In this division, the term ``cultural park'' means a definable area 
that--
          (A) is distinguished by historic property, prehistoric 
        property, and land related to that property; and
          (B) constitutes an interpretive, educational, and recreational 
        resource for the public at large.

Sec. 300305. Historic conservation district

  In this division, the term ``historic conservation district'' means an 
area that contains--
          (1) historic property;
          (2) buildings having similar or related architectural 
        characteristics;
          (3) cultural cohesiveness; or
          (4) any combination of features described in paragraphs (1) to 
        (3).

[[Page 128 STAT. 3189]]

Sec. 300306. Historic Preservation Fund

  In this division, the term ``Historic Preservation Fund'' means the 
Historic Preservation Fund established under section 303101 of this 
title.

Sec. 300307. Historic preservation review commission

  In this division, the term ``historic preservation review commission'' 
means a board, council, commission, or other similar collegial body--
          (1) that is established by State or local legislation as 
        provided in section 302503(a)(2) of this title; and
          (2) the members of which are appointed by the chief elected 
        official of a jurisdiction (unless State or local law provides 
        for appointment by another official) from among--
                  (A) professionals in the disciplines of architecture, 
                history, architectural history, planning, prehistoric 
                and historic archeology, folklore, cultural 
                anthropology, curation, conservation, and landscape 
                architecture, or related disciplines, to the extent that 
                those professionals are available in the community; and
                  (B) other individuals who have demonstrated special 
                interest, experience, or knowledge in history, 
                architecture, or related disciplines and will provide 
                for an adequate and qualified commission.

Sec. 300308. Historic property

  In this division, the term ``historic property'' means any prehistoric 
or historic district, site, building, structure, or object included on, 
or eligible for inclusion on, the National Register, including 
artifacts, records, and material remains relating to the district, site, 
building, structure, or object.

Sec. 300309. Indian tribe

  In this division, the term ``Indian tribe'' means an Indian tribe, 
band, nation, or other organized group or community, including a Native 
village, Regional Corporation or Village Corporation (as those terms are 
defined in section 3 of the Alaska Native Claims Settlement Act (43 
U.S.C. 1602)), that is recognized as eligible for the special programs 
and services provided by the United States to Indians because of their 
status as Indians.

Sec. 300310. Local government

  In this division, the term ``local government'' means a city, county, 
township, municipality, or borough, or any other general purpose 
political subdivision of any State.

Sec. 300311. National Register

  In this division, the term ``National Register'' means the National 
Register of Historic Places maintained under chapter 3021 of this title.

Sec. 300312. National Trust

  In this division, the term ``National Trust'' means the National Trust 
for Historic Preservation in the United States established under section 
312102 of this title.

[[Page 128 STAT. 3190]]

Sec. 300313. Native Hawaiian

  In this division, the term ``Native Hawaiian'' means any individual 
who is a descendant of the aboriginal people who, prior to 1778, 
occupied and exercised sovereignty in the area that now constitutes 
Hawaii.

Sec. 300314. Native Hawaiian organization

  (a) In general.--In this division, the term ``Native Hawaiian 
organization'' means any organization that--
          (1) serves and represents the interests of Native Hawaiians;
          (2) has as a primary and stated purpose the provision of 
        services to Native Hawaiians; and
          (3) has demonstrated expertise in aspects of historic 
        preservation that are culturally significant to Native 
        Hawaiians.

  (b) Inclusions.--In this division, the term ``Native Hawaiian 
organization'' includes the Office of Hawaiian Affairs of Hawaii and Hui 
Malama I Na Kupuna O Hawai'i Nei, an organization incorporated under the 
laws of the State of Hawaii.

Sec. 300315. Preservation or historic preservation

  In this division, the term ``preservation'' or ``historic 
preservation'' includes--
          (1) identification, evaluation, recordation, documentation, 
        curation, acquisition, protection, management, rehabilitation, 
        restoration, stabilization, maintenance, research, 
        interpretation, and conservation;
          (2) education and training regarding the foregoing activities; 
        or
          (3) any combination of the foregoing activities.

Sec. 300316. Secretary

  In this division, the term ``Secretary'' means the Secretary acting 
through the Director.

Sec. 300317. State

  In this division, the term ``State'' means--
          (1) a State, the District of Columbia, Puerto Rico, Guam, 
        American Samoa, the Virgin Islands, and the Northern Mariana 
        Islands; and
          (2) the Republic of the Marshall Islands, the Federated States 
        of Micronesia, and the Republic of Palau.

Sec. 300318. State historic preservation review board

  In this division, the term ``State historic preservation review 
board'' means a board, council, commission, or other similar collegial 
body established as provided in section 302301(2) of this title--
          (1) the members of which are appointed by the State Historic 
        Preservation Officer (unless otherwise provided for by State 
        law);
          (2) a majority of the members of which are professionals 
        qualified in history, prehistoric and historic archeology, 
        architectural history, architecture, folklore, cultural 
        anthropology, curation, conservation, landscape architecture, 
        and related disciplines; and
          (3) that has the authority to--
                  (A) review National Register nominations and appeals 
                from nominations;

[[Page 128 STAT. 3191]]

                  (B) review appropriate documentation submitted in 
                conjunction with the Historic Preservation Fund;
                  (C) provide general advice and guidance to the State 
                Historic Preservation Officer; and
                  (D) perform such other duties as may be appropriate.

Sec. 300319. Tribal land

  In this division, the term ``tribal land'' means--
          (1) all land within the exterior boundaries of any Indian 
        reservation; and
          (2) all dependent Indian communities.

Sec. 300320. Undertaking

  In this division, the term ``undertaking'' means a project, activity, 
or program funded in whole or in part under the direct or indirect 
jurisdiction of a Federal agency, including--
          (1) those carried out by or on behalf of the Federal agency;
          (2) those carried out with Federal financial assistance;
          (3) those requiring a Federal permit, license, or approval; 
        and
          (4) those subject to State or local regulation administered 
        pursuant to a delegation or approval by a Federal agency.

Sec. 300321. World Heritage Convention

  In this division, the term ``World Heritage Convention'' means the 
Convention concerning the Protection of the World Cultural and Natural 
Heritage, done at Paris November 23, 1972 (27 UST 37).

              Subdivision 2--Historic Preservation Program

           Chapter 3021--National Register of Historic Places

Sec.
302101.  Maintenance by Secretary.
302102.  Inclusion of properties on National Register.
302103.  Criteria and regulations relating to National Register, 
           National Historic Landmarks, and World Heritage List.
302104.  Nominations for inclusion on National Register.
302105.  Owner participation in nomination process.
302106.  Retention of name.
302107.  Regulations.
302108.  Review of threats to historic property.

Sec. 302101. Maintenance by Secretary

  The Secretary may expand and maintain a National Register of Historic 
Places composed of districts, sites, buildings, structures, and objects 
significant in American history, architecture, archeology, engineering, 
and culture.

Sec. 302102. Inclusion of properties on National Register

  (a) In General.--A property that meets the criteria for National 
Historic Landmarks established pursuant to section 302103 of this title 
shall be designated as a National Historic Landmark and included on the 
National Register, subject to the requirements of section 302107 of this 
title.

[[Page 128 STAT. 3192]]

  (b) Historic Property on National Register on December 12, 1980.--All 
historic property included on the National Register on December 12, 
1980, shall be deemed to be included on the National Register as of 
their initial listing for purposes of this division.
  (c) Historic Property Listed in Federal Register of February 6, 1979, 
or Prior to December 12, 1980, as National Historic Landmarks.--All 
historic property listed in the Federal Register of February 6, 1979, or 
prior to December 12, 1980, as National Historic Landmarks are declared 
by Congress to be National Historic Landmarks of national historic 
significance as of their initial listing in the Federal Register for 
purposes of this division and chapter 3201 of this title, except that in 
the case of a National Historic Landmark district for which no 
boundaries had been established as of December 12, 1980, boundaries 
shall first be published in the Federal Register.

Sec. 302103. Criteria and regulations relating to National Register, 
                        National Historic Landmarks, and World Heritage 
                        List

  The Secretary, in consultation with national historical and 
archeological associations, shall--
          (1) establish criteria for properties to be included on the 
        National Register and criteria for National Historic Landmarks; 
        and
          (2) promulgate regulations for--
                  (A) nominating properties for inclusion on, and 
                removal from, the National Register and the 
                recommendation of properties by certified local 
                governments;
                  (B) designating properties as National Historic 
                Landmarks and removing that designation;
                  (C) considering appeals from recommendations, 
                nominations, removals, and designations (or any failure 
                or refusal by a nominating authority to nominate or 
                designate);
                  (D) nominating historic property for inclusion in the 
                World Heritage List in accordance with the World 
                Heritage Convention;
                  (E) making determinations of eligibility of properties 
                for inclusion on the National Register; and
                  (F) notifying the owner of a property, any appropriate 
                local governments, and the general public, when the 
                property is being considered for inclusion on the 
                National Register, for designation as a National 
                Historic Landmark, or for nomination to the World 
                Heritage List.

Sec. 302104. Nominations for inclusion on National Register

  (a) Nomination by State.--Subject to the requirements of section 
302107 of this title, any State that is carrying out a program approved 
under chapter 3023 shall nominate to the Secretary property that meets 
the criteria promulgated under section 302103 of this title for 
inclusion on the National Register. Subject to section 302107 of this 
title, any property nominated under this subsection or under section 
306102 of this title shall be included on the National Register on the 
date that is 45 days after receipt by the Secretary of the nomination 
and the necessary documentation, unless the Secretary disapproves the 
nomination within the 45-day period or unless an appeal is filed under 
subsection (c).

[[Page 128 STAT. 3193]]

  (b) Nomination by Person or Local Government.--Subject to the 
requirements of section 302107 of this title, the Secretary may accept a 
nomination directly from any person or local government for inclusion of 
a property on the National Register only if the property is located in a 
State where there is no program approved under chapter 3023 of this 
title. The Secretary may include on the National Register any property 
for which such a nomination is made if the Secretary determines that the 
property is eligible in accordance with the regulations promulgated 
under section 302103 of this title. The determination shall be made 
within 90 days from the date of the nomination unless the nomination is 
appealed under subsection (c).
  (c) Appeal.--Any person or local government may appeal to the 
Secretary--
          (1) a nomination of any property for inclusion on the National 
        Register; and
          (2) the failure of a nominating authority to nominate a 
        property in accordance with this chapter.

Sec. 302105. Owner participation in nomination process

  (a) Regulations.--The Secretary shall promulgate regulations requiring 
that before any property may be included on the National Register or 
designated as a National Historic Landmark, the owner of the property, 
or a majority of the owners of the individual properties within a 
district in the case of a historic district, shall be given the 
opportunity (including a reasonable period of time) to concur in, or 
object to, the nomination of the property for inclusion or designation. 
The regulations shall include provisions to carry out this section in 
the case of multiple ownership of a single property.
  (b) When Property Shall Not Be Included on National Register or 
Designated as National Historic Landmark.--If the owner of any privately 
owned property, or a majority of the owners of privately owned 
properties within the district in the case of a historic district, 
object to inclusion or designation, the property shall not be included 
on the National Register or designated as a National Historic Landmark 
until the objection is withdrawn.
  (c) Review by Secretary.--The Secretary shall review the nomination of 
the property when an objection has been made and shall determine whether 
or not the property is eligible for inclusion or designation. If the 
Secretary determines that the property is eligible for inclusion or 
designation, the Secretary shall inform the Advisory Council on Historic 
Preservation, the appropriate State Historic Preservation Officer, the 
appropriate chief elected local official, and the owner or owners of the 
property of the Secretary's determination.

Sec. 302106. Retention of name

  Notwithstanding section 43(c) of the Act of July 5, 1946 (known as the 
Trademark Act of 1946) (15 U.S.C. 1125(c)), buildings and structures on 
or eligible for inclusion on the National Register (either individually 
or as part of a historic district), or designated as an individual 
landmark or as a contributing building in a historic district by a unit 
of State or local government, may retain the name historically 
associated with the building or structure.

[[Page 128 STAT. 3194]]

Sec. 302107. Regulations

  The Secretary shall promulgate regulations--
          (1) ensuring that significant prehistoric and historic 
        artifacts, and associated records, subject to subchapter I of 
        chapter 3061, chapter 3125, or the Archaeological Resources 
        Protection Act of 1979 (16 U.S.C. 470aa et seq.) are deposited 
        in an institution with adequate long-term curatorial 
        capabilities;
          (2) establishing a uniform process and standards for 
        documenting historic property by public agencies and private 
        parties for purposes of incorporation into, or complementing, 
        the national historical architectural and engineering records in 
        the Library of Congress; and
          (3) certifying local governments, in accordance with sections 
        302502 and 302503 of this title, and for the transfer of funds 
        pursuant to section 302902(c)(4) of this title.

Sec. 302108. Review of threats to historic property

  At least once every 4 years, the Secretary, in consultation with the 
Council and with State Historic Preservation Officers, shall review 
significant threats to historic property to--
          (1) determine the kinds of historic property that may be 
        threatened;
          (2) ascertain the causes of the threats; and
          (3) develop and submit to the President and Congress 
        recommendations for appropriate action.

           Chapter 3023--State Historic Preservation Programs

Sec.
302301.  Regulations.
302302.  Program evaluation.
302303.  Responsibilities of State Historic Preservation Officer.
302304.  Contracts and cooperative agreements.

Sec. 302301. Regulations

  The Secretary, in consultation with the National Conference of State 
Historic Preservation Officers and the National Trust, shall promulgate 
regulations for State Historic Preservation Programs. The regulations 
shall provide that a State program submitted to the Secretary under this 
chapter shall be approved by the Secretary if the Secretary determines 
that the program provides for--
          (1) the designation and appointment by the chief elected 
        official of the State of a State Historic Preservation Officer 
        to administer the program in accordance with section 302303 of 
        this title and for the employment or appointment by the officer 
        of such professionally qualified staff as may be necessary for 
        those purposes;
          (2) an adequate and qualified State historic preservation 
        review board designated by the State Historic Preservation 
        Officer unless otherwise provided for by State law; and
          (3) adequate public participation in the State Historic 
        Preservation Program, including the process of recommending 
        properties for nomination to the National Register.

[[Page 128 STAT. 3195]]

Sec. 302302. Program evaluation

  (a) When Evaluation Should Occcur.--Periodically, but not less than 
every 4 years after the approval of any State program under section 
302301 of this title, the Secretary, in consultation with the Council on 
the appropriate provisions of this division, and in cooperation with the 
State Historic Preservation Officer, shall evaluate the program to 
determine whether it is consistent with this division.
  (b) Disapproval of Program.--If, at any time, the Secretary determines 
that a major aspect of a State program is not consistent with this 
division, the Secretary shall disapprove the program and suspend in 
whole or in part any contracts or cooperative agreements with the State 
and the State Historic Preservation Officer under this division, until 
the program is consistent with this division, unless the Secretary 
determines that the program will be made consistent with this division 
within a reasonable period of time.
  (c) Oversight.--The Secretary, in consultation with State Historic 
Preservation Officers, shall establish oversight methods to ensure State 
program consistency and quality without imposing undue review burdens on 
State Historic Preservation Officers.
  (d) State Fiscal Audit and Management System.--
          (1) Substitution for comparable federal systems.--At the 
        discretion of the Secretary, a State system of fiscal audit and 
        management may be substituted for comparable Federal systems so 
        long as the State system--
                  (A) establishes and maintains substantially similar 
                accountability standards; and
                  (B) provides for independent professional peer review.
          (2) Fiscal audits and review by secretary.--The Secretary--
                  (A) may conduct periodic fiscal audits of State 
                programs approved under this subdivision as needed; and
                  (B) shall ensure that the programs meet applicable 
                accountability standards.

Sec. 302303. Responsibilities of State Historic Preservation Officer

  (a) In General.--It shall be the responsibility of the State Historic 
Preservation Officer to administer the State Historic Preservation 
Program.
  (b) Particular Responsibilities.--It shall be the responsibility of 
the State Historic Preservation Officer to--
          (1) in cooperation with Federal and State agencies, local 
        governments, and private organizations and individuals, direct 
        and conduct a comprehensive statewide survey of historic 
        property and maintain inventories of the property;
          (2) identify and nominate eligible property to the National 
        Register and otherwise administer applications for listing 
        historic property on the National Register;
          (3) prepare and implement a comprehensive statewide historic 
        preservation plan;
          (4) administer the State program of Federal assistance for 
        historic preservation within the State;
          (5) advise and assist, as appropriate, Federal and State 
        agencies and local governments in carrying out their historic 
        preservation responsibilities;

[[Page 128 STAT. 3196]]

          (6) cooperate with the Secretary, the Council, other Federal 
        and State agencies, local governments, and private organizations 
        and individuals to ensure that historic property is taken into 
        consideration at all levels of planning and development;
          (7) provide public information, education, and training and 
        technical assistance in historic preservation;
          (8) cooperate with local governments in the development of 
        local historic preservation programs and assist local 
        governments in becoming certified pursuant to chapter 3025;
          (9) consult with appropriate Federal agencies in accordance 
        with this division on--
                  (A) Federal undertakings that may affect historic 
                property; and
                  (B) the content and sufficiency of any plans developed 
                to protect, manage, or reduce or mitigate harm to that 
                property; and
          (10) advise and assist in the evaluation of proposals for 
        rehabilitation projects that may qualify for Federal assistance.

Sec. 302304. Contracts and cooperative agreements

  (a) State.--A State may carry out all or any part of its 
responsibilities under this chapter by contract or cooperative agreement 
with a qualified nonprofit organization or educational institution.
  (b) Secretary.--
          (1) In general.--
                  (A) Authority to assist secretary.--Subject to 
                paragraphs (3) and (4), the Secretary may enter into 
                contracts or cooperative agreements with a State 
                Historic Preservation Officer for any State authorizing 
                the Officer to assist the Secretary in carrying out one 
                or more of the following responsibilities within that 
                State:
                        (i) Identification and preservation of historic 
                      property.
                        (ii) Determination of the eligibility of 
                      property for listing on the National Register.
                        (iii) Preparation of nominations for inclusion 
                      on the National Register.
                        (iv) Maintenance of historical and archeological 
                      data bases.
                        (v) Evaluation of eligibility for Federal 
                      preservation incentives.
                  (B) Authority to maintain national register.--Nothing 
                in subparagraph (A) shall be construed to provide that 
                any State Historic Preservation Officer or any other 
                person other than the Secretary shall have the authority 
                to maintain the National Register for properties in any 
                State.
          (2) Requirements.--The Secretary may enter into a contract or 
        cooperative agreement under paragraph (1) only if--
                  (A) the State Historic Preservation Officer has 
                requested the additional responsibility;
                  (B) the Secretary has approved the State historic 
                preservation program pursuant to sections 302301 and 
                302302 of this title;
                  (C) the State Historic Preservation Officer agrees to 
                carry out the additional responsibility in a timely and 
                efficient manner acceptable to the Secretary and the 
                Secretary

[[Page 128 STAT. 3197]]

                determines that the Officer is fully capable of carrying 
                out the responsibility in that manner;
                  (D) the State Historic Preservation Officer agrees to 
                permit the Secretary to review and revise, as 
                appropriate in the discretion of the Secretary, 
                decisions made by the Officer pursuant to the contract 
                or cooperative agreement; and
                  (E) the Secretary and the State Historic Preservation 
                Officer agree on the terms of additional financial 
                assistance to the State, if there is to be any, for the 
                costs of carrying out that responsibility.
          (3) Establish conditions and criteria.--For each significant 
        program area under the Secretary's authority, the Secretary 
        shall establish specific conditions and criteria essential for 
        the assumption by a State Historic Preservation Officer of the 
        Secretary's duties in each of those programs.
          (4) Preservation programs and activities not diminished.--
        Nothing in this chapter shall have the effect of diminishing the 
        preservation programs and activities of the Service.

            Chapter 3025--Certification of Local Governments

Sec.
302501.  Definitions.
302502.  Certification as part of State program.
302503.  Requirements for certification.
302504.  Participation of certified local governments in National 
           Register nominations.
302505.  Eligibility and responsibility of certified local government.

Sec. 302501. Definitions

  In this chapter:
          (1) Designation.--The term ``designation'' means the 
        identification and registration of property for protection that 
        meets criteria established by a State or locality for 
        significant historic property within the jurisdiction of a local 
        government.
          (2) Protection.--The term ``protection'' means protection by 
        means of a local review process under State or local law for 
        proposed demolition of, changes to, or other action that may 
        affect historic property designated pursuant to this chapter.

Sec. 302502. Certification as part of State program

  Any State program approved under this subdivision shall provide a 
mechanism for the certification by the State Historic Preservation 
Officer of local governments to carry out the purposes of this division 
and provide for the transfer, in accordance with section 302902(c)(4) of 
this title, of a portion of the grants received by the States under this 
division, to those local governments.

Sec. 302503. Requirements for certification

  (a) Approved State Program.--Any local government shall be certified 
to participate under this section if the applicable State Historic 
Preservation Officer, and the Secretary, certify that the local 
government--
          (1) enforces appropriate State or local legislation for the 
        designation and protection of historic property;

[[Page 128 STAT. 3198]]

          (2) has established an adequate and qualified historic 
        preservation review commission by State or local legislation;
          (3) maintains a system for the survey and inventory of 
        historic property that furthers the purposes of chapter 3023;
          (4) provides for adequate public participation in the local 
        historic preservation program, including the process of 
        recommending properties for nomination to the National Register; 
        and
          (5) satisfactorily performs the responsibilities delegated to 
        it under this division.

  (b) No Approved State Program.--Where there is no State program 
approved under sections 302301 and 302302 of this title, a local 
government may be certified by the Secretary if the Secretary determines 
that the local government meets the requirements of subsection (a). The 
Secretary may make grants to the local government certified under this 
subsection for purposes of this subdivision.

Sec. 302504. Participation of certified local governments in National 
                        Register nominations

  (a) Notice.--Before a property within the jurisdiction of a certified 
local government may be considered by a State to be nominated to the 
Secretary for inclusion on the National Register, the State Historic 
Preservation Officer shall notify the owner, the applicable chief local 
elected official, and the local historic preservation commission.
  (b) Report.--The local historic preservation commission, after 
reasonable opportunity for public comment, shall prepare a report as to 
whether the property, in the Commission's opinion, meets the criteria of 
the National Register. Within 60 days of notice from the State Historic 
Preservation Officer, the chief local elected official shall transmit 
the report of the commission and the recommendation of the local 
official to the State Historic Preservation Officer.
  (c) Recommendation.--
          (1) Property nominated to national register.--Except as 
        provided in paragraph (2), after receipt of the report and 
        recommendation, or if no report and recommendation are received 
        within 60 days, the State shall make the nomination pursuant to 
        section 302104 of this title. The State may expedite the process 
        with the concurrence of the certified local government.
          (2) Property not nominated to national register.--If both the 
        commission and the chief local elected official recommend that a 
        property not be nominated to the National Register, the State 
        Historic Preservation Officer shall take no further action, 
        unless, within 30 days of the receipt of the recommendation by 
        the State Historic Preservation Officer, an appeal is filed with 
        the State. If an appeal is filed, the State shall follow the 
        procedures for making a nomination pursuant to section 302104 of 
        this title. Any report and recommendations made under this 
        section shall be included with any nomination submitted by the 
        State to the Secretary.

Sec. 302505. Eligibility and responsibility of certified local 
                        government

  Any local government--

[[Page 128 STAT. 3199]]

          (1) that is certified under this chapter shall be eligible for 
        funds under section 302902(c)(4) of this title; and
          (2) that is certified, or making efforts to become certified, 
        under this chapter shall carry out any responsibilities 
        delegated to it in accordance with such terms and conditions as 
        the Secretary considers necessary or advisable.

Chapter 3027--Historic Preservation Programs and Authorities for Indian 
                Tribes and Native Hawaiian Organizations

Sec.
302701.  Program to assist Indian tribes in preserving historic 
           property.
302702.  Indian tribe to assume functions of State Historic Preservation 
           Officer.
302703.  Apportionment of grant funds.
302704.  Contracts and cooperative agreements.
302705.  Agreement for review under tribal historic preservation 
           regulations.
302706.  Eligibility for inclusion on National Register.

Sec. 302701. Program to assist Indian tribes in preserving historic 
                        property

  (a) Establishment of Program.--The Secretary shall establish a program 
and promulgate regulations to assist Indian tribes in preserving their 
historic property.
  (b) Communication and Cooperation.--The Secretary shall foster 
communication and cooperation between Indian tribes and State Historic 
Preservation Officers in the administration of the national historic 
preservation program to--
          (1) ensure that all types of historic property and all public 
        interests in historic property are given due consideration; and
          (2) encourage coordination among Indian tribes, State Historic 
        Preservation Officers, and Federal agencies in historic 
        preservation planning and in the identification, evaluation, 
        protection, and interpretation of historic property.

  (c) Tribal Values.--The program under subsection (a) shall be 
developed in a manner to ensure that tribal values are taken into 
account to the extent feasible. The Secretary may waive or modify 
requirements of this subdivision to conform to the cultural setting of 
tribal heritage preservation goals and objectives.
  (d) Scope of Tribal Programs.--The tribal programs implemented by 
specific tribal organizations may vary in scope, as determined by each 
Indian tribe's chief governing authority.
  (e) Consultation.--The Secretary shall consult with Indian tribes, 
other Federal agencies, State Historic Preservations Officers, and other 
interested parties concerning the program under subsection (a).

Sec. 302702. Indian tribe to assume functions of State Historic 
                        Preservation Officer

  An Indian tribe may assume all or any part of the functions of a State 
Historic Preservation Officer in accordance with sections 302302 and 
302303 of this title, with respect to tribal land, as those 
responsibilities may be modified for tribal programs through regulations 
issued by the Secretary, if--
          (1) the Indian tribe's chief governing authority so requests;
          (2) the Indian tribe designates a tribal preservation official 
        to administer the tribal historic preservation program, through

[[Page 128 STAT. 3200]]

        appointment by the Indian tribe's chief governing authority or 
        as a tribal ordinance may otherwise provide;
          (3) the tribal preservation official provides the Secretary 
        with a plan describing how the functions the tribal preservation 
        official proposes to assume will be carried out;
          (4) the Secretary determines, after consulting with the Indian 
        tribe, the appropriate State Historic Preservation Officer, the 
        Council (if the Indian tribe proposes to assume the functions of 
        the State Historic Preservation Officer with respect to review 
        of undertakings under section 306108 of this title), and other 
        Indian tribes, if any, whose tribal or aboriginal land may be 
        affected by conduct of the tribal preservation program, that--
                  (A) the tribal preservation program is fully capable 
                of carrying out the functions specified in the plan 
                provided under paragraph (3);
                  (B) the plan defines the remaining responsibilities of 
                the Secretary and the State Historic Preservation 
                Officer; and
                  (C) the plan provides, with respect to properties 
                neither owned by a member of the Indian tribe nor held 
                in trust by the Secretary for the benefit of the Indian 
                tribe, at the request of the owner of the properties, 
                that the State Historic Preservation Officer, in 
                addition to the tribal preservation official, may 
                exercise the historic preservation responsibilities in 
                accordance with sections 302302 and 302303 of this 
                title; and
          (5) based on satisfaction of the conditions stated in 
        paragraphs (1), (2), (3), and (4), the Secretary approves the 
        plan.

Sec. 302703. Apportionment of grant funds

  In consultation with interested Indian tribes, other Native American 
organizations, and affected State Historic Preservation Officers, the 
Secretary shall establish and implement procedures for carrying out 
section 302902(c)(1)(A) of this title with respect to tribal programs 
that assume responsibilities under section 302702 of this title.

Sec. 302704. Contracts and cooperative agreements

  At the request of an Indian tribe whose preservation program has been 
approved to assume functions and responsibilities pursuant to section 
302702 of this title, the Secretary shall enter into a contract or 
cooperative agreement with the Indian tribe permitting the assumption by 
the Indian tribe of any part of the responsibilities described in 
section 302304(b) of this title on tribal land, if--
          (1) the Secretary and the Indian tribe agree on additional 
        financial assistance, if any, to the Indian tribe for the costs 
        of carrying out those authorities;
          (2) the Secretary finds that the tribal historic preservation 
        program has been demonstrated to be sufficient to carry out the 
        contract or cooperative agreement and this division; and
          (3) the contract or cooperative agreement specifies the 
        continuing responsibilities of the Secretary or of the 
        appropriate State Historic Preservation Officers and provides 
        for appropriate participation by--
                  (A) the Indian tribe's traditional cultural 
                authorities;

[[Page 128 STAT. 3201]]

                  (B) representatives of other Indian tribes whose 
                traditional land is under the jurisdiction of the Indian 
                tribe assuming responsibilities; and
                  (C) the interested public.

Sec. 302705. Agreement for review under tribal historic preservation 
                        regulations

  The Council may enter into an agreement with an Indian tribe to permit 
undertakings on tribal land to be reviewed under tribal historic 
preservation regulations in place of review under regulations 
promulgated by the Council to govern compliance with section 306108 of 
this title, if the Council, after consultation with the Indian tribe and 
appropriate State Historic Preservation Officers, determines that the 
tribal preservation regulations will afford historic property 
consideration equivalent to that afforded by the Council's regulations.

Sec. 302706. Eligibility for inclusion on National Register

  (a) In General.--Property of traditional religious and cultural 
importance to an Indian tribe or Native Hawaiian organization may be 
determined to be eligible for inclusion on the National Register.
  (b) Consultation.--In carrying out its responsibilities under section 
306108 of this title, a Federal agency shall consult with any Indian 
tribe or Native Hawaiian organization that attaches religious and 
cultural significance to property described in subsection (a).
  (c) Hawaii.--In carrying out responsibilities under section 302303 of 
this title, the State Historic Preservation Officer for Hawaii shall--
          (1) consult with Native Hawaiian organizations in assessing 
        the cultural significance of any property in determining whether 
        to nominate the property to the National Register;
          (2) consult with Native Hawaiian organizations in developing 
        the cultural component of a preservation program or plan for the 
        property; and
          (3) enter into a memorandum of understanding or agreement with 
        Native Hawaiian organizations for the assessment of the cultural 
        significance of a property in determining whether to nominate 
        the property to the National Register and to carry out the 
        cultural component of the preservation program or plan.

                          Chapter 3029--Grants

Sec.
302901.  Awarding of grants and availability of grant funds.
302902.  Grants to States.
302903.  Grants to National Trust.
302904.  Direct grants for the preservation of properties included on 
           National Register.
302905.  Religious property.
302906.  Grants and loans to Indian tribes and nonprofit organizations 
           representing ethnic or minority groups.
302907.  Grants to Indian tribes and Native Hawaiian organizations.
302908.  Grants to the Federated States of Micronesia, the Republic of 
           the Marshall Islands, and the Republic of Palau.
302909.  Prohibited use of grant amounts.
302910.  Recordkeeping.

[[Page 128 STAT. 3202]]

Sec. 302901. Awarding of grants and availability of grant funds

  (a) In General.--No grant may be made under this division unless 
application for the grant is submitted to the Secretary in accordance 
with regulations and procedures prescribed by the Secretary.
  (b) Grant Not Treated as Taxable Income.--No grant made pursuant to 
this division shall be treated as taxable income for purposes of the 
Internal Revenue Code of 1986 (26 U.S.C. 1 et seq.).
  (c) Availability.--The Secretary shall make funding available to 
individual States and the National Trust as soon as practicable after 
execution of a grant agreement. For purposes of administration, grants 
to individual States and the National Trust each shall be deemed to be 
one grant and shall be administered by the Service as one grant.

Sec. 302902. Grants to States

  (a) In General.--The Secretary shall administer a program of matching 
grants to the States for the purposes of carrying out this division.
  (b) Conditions.--
          (1) In general.--No grant may be made under this division--
                  (A) unless the application is in accordance with the 
                comprehensive statewide historic preservation plan that 
                has been approved by the Secretary after considering its 
                relationship to the comprehensive statewide outdoor 
                recreation plan prepared pursuant to chapter 2003 of 
                this title;
                  (B) unless the grantee has agreed to make reports, in 
                such form and containing such information, as the 
                Secretary may from time to time require;
                  (C) unless the grantee has agreed to assume, after 
                completion of the project, the total cost of the 
                continued maintenance, repair, and administration of the 
                property in a manner satisfactory to the Secretary; or
                  (D) until the grantee has complied with such further 
                terms and conditions as the Secretary may consider 
                necessary or advisable.
          (2) Waiver.--The Secretary may waive the requirements of 
        subparagraphs (A) and (C) of paragraph (1) for any grant under 
        this division to the National Trust.
          (3) Amount limitation.--
                  (A) In general.--No grant may be made under this 
                division for more than 60 percent of the aggregate costs 
                of carrying out projects and programs under the 
                administrative control of the State Historic 
                Preservation Officer as specified in section 302303 of 
                this title in any one fiscal year.
                  (B) Source of state share of costs.--Except as 
                permitted by other law, the State share of the costs 
                referred to in subparagraph (A) shall be contributed by 
                non-Federal sources.
          (4) Restriction on Use of Real Property To Meet Non-Federal 
        Share of Cost of Project.--No State shall be permitted to 
        utilize the value of real property obtained before October 15, 
        1966, in meeting the non-Federal share of the cost of a project 
        for which a grant is made under this division.

  (c) Apportionment of Grant Amounts.--

[[Page 128 STAT. 3203]]

          (1) Bases for apportionment.--The amounts appropriated and 
        made available for grants to the States--
                  (A) for the purposes of this division shall be 
                apportioned among the States by the Secretary on the 
                basis of needs as determined by the Secretary; and
                  (B) for projects and programs under this division for 
                each fiscal year shall be apportioned among the States 
                as the Secretary determines to be appropriate.
          (2) Notification.--The Secretary shall notify each State of 
        its apportionment under paragraph (1)(B) within 30 days after 
        the date of enactment of legislation appropriating funds under 
        this division.
          (3) Reapportionment.--Any amount of any apportionment that has 
        not been paid or obligated by the Secretary during the fiscal 
        year in which the notification is given or during the 2 fiscal 
        years after that fiscal year shall be reapportioned by the 
        Secretary in accordance with paragraph (1)(B). The Secretary 
        shall analyze and revise as necessary the method of 
        apportionment. The method and any revision shall be published by 
        the Secretary in the Federal Register.
          (4) Transfer of funds to certified local governments.--Not 
        less than 10 percent of the annual apportionment distributed by 
        the Secretary to each State for the purposes of carrying out 
        this division shall be transferred by the State, pursuant to the 
        requirements of this division, to certified local governments 
        for historic preservation projects or programs of the certified 
        local governments. In any year in which the total annual 
        apportionment to the States exceeds $65,000,000, 50 percent of 
        the excess shall also be transferred by the States to certified 
        local governments.
          (5) Guidelines for use and distribution of funds to certified 
        local governments.--The Secretary shall establish guidelines for 
        the use and distribution of funds under paragraph (4) to ensure 
        that no certified local government receives a disproportionate 
        share of the funds available, and may include a maximum or 
        minimum limitation on the amount of funds distributed to any 
        single certified local government. The guidelines shall not 
        limit the ability of any State to distribute more than 10 
        percent of its annual apportionment under paragraph (4), nor 
        shall the Secretary require any State to exceed the 10 percent 
        minimum distribution to certified local governments.

  (d) Administrative Costs.--The total direct and indirect 
administrative costs charged for carrying out State projects and 
programs shall not exceed 25 percent of the aggregate costs (except in 
the case of a grant to the Federated States of Micronesia, the Republic 
of the Marshall Islands, or the Republic of Palau).

Sec. 302903. Grants to National Trust

  (a) Secretary of the Interior.--The Secretary may administer grants to 
the National Trust consistent with the purposes of its charter and this 
division.
  (b) Secretary of Housing and Urban Development.--The Secretary of 
Housing and Urban Development may make grants to the National Trust, on 
terms and conditions and in amounts (not exceeding $90,000 with respect 
to any one structure) as the Secretary of Housing and Urban Development 
considers appropriate, to cover the costs incurred by the National Trust 
in renovating

[[Page 128 STAT. 3204]]

or restoring structures that the National Trust considers to be of 
historic or architectural value and that the National Trust has accepted 
and will maintain (after the renovation or restoration) for historic 
purposes.

Sec. 302904. Direct grants for the preservation of properties included 
                        on National Register

  (a) Administration of Program.--The Secretary shall administer a 
program of direct grants for the preservation of properties included on 
the National Register.
  (b) Available Amount.--Funds to support the program annually shall not 
exceed 10 percent of the amount appropriated annually for the Historic 
Preservation Fund.
  (c) Uses of Grants.--
          (1) In general.--Grants under this section may be made by the 
        Secretary, in consultation with the appropriate State Historic 
        Preservation Officer--
                  (A) for the preservation of--
                        (i) National Historic Landmarks that are 
                      threatened with demolition or impairment; and
                        (ii) historic property of World Heritage 
                      significance;
                  (B) for demonstration projects that will provide 
                information concerning professional methods and 
                techniques having application to historic property;
                  (C) for the training and development of skilled labor 
                in trades and crafts, and in analysis and curation, 
                relating to historic preservation; and
                  (D) to assist individuals or small businesses within 
                any historic district included on the National Register 
                to remain within the district.
          (2) Limit on certain grants.--A grant may be made under 
        subparagraph (A) or (D) of paragraph (1) only to the extent that 
        the project cannot be carried out in as effective a manner 
        through the use of an insured loan under section 303901 of this 
        title.

Sec. 302905. Religious property

  (a) In General.--Grants may be made under this chapter for the 
preservation, stabilization, restoration, or rehabilitation of religious 
property listed on the National Register if the purpose of the grant--
          (1) is secular;
          (2) does not promote religion; and
          (3) seeks to protect qualities that are historically 
        significant.

  (b) Effect of Section.--Nothing in this section shall be construed to 
authorize the use of any funds made available under this subdivision for 
the acquisition of any religious property listed on the National 
Register.

Sec. 302906. Grants and loans to Indian tribes and nonprofit 
                        organizations representing ethnic or minority 
                        groups

  The Secretary may, in consultation with the appropriate State Historic 
Preservation Officer, make grants or loans or both under this 
subdivision to Indian tribes and to nonprofit organizations representing 
ethnic or minority groups for the preservation of their cultural 
heritage.

[[Page 128 STAT. 3205]]

Sec. 302907. Grants to Indian tribes and Native Hawaiian organizations

  The Secretary shall administer a program of direct grants to Indian 
tribes and Native Hawaiian organizations for the purpose of carrying out 
this division as it pertains to Indian tribes and Native Hawaiian 
organizations. Matching fund requirements may be modified. Federal funds 
available to an Indian tribe or Native Hawaiian organization may be used 
as matching funds for the purposes of the Indian tribe's or Native 
Hawaiian organization's conducting its responsibilities pursuant to this 
subdivision.

Sec. 302908. Grants to the Federated States of Micronesia, the Republic 
                        of the Marshall Islands, and the Republic of 
                        Palau

  (a) In General.--As part of the program of matching grant assistance 
from the Historic Preservation Fund to States, the Secretary shall 
administer a program of direct grants to the Federated States of 
Micronesia, the Republic of the Marshall Islands, and the Republic of 
Palau in furtherance of the Compact of Free Association between the 
United States and the Federated States of Micronesia and the Marshall 
Islands, approved by the Compact of Free Association Act of 1985 (48 
U.S.C. 1901 et seq., 2001 et seq.), and the Compact of Free Association 
between the United States and Palau, approved by the Joint Resolution 
entitled ``Joint Resolution to approve the `Compact of Free Association' 
between the United States and Government of Palau, and for other 
purposes'' (48 U.S.C. 1931 et seq.) or any successor enactment.
  (b) Goal of Program.--The goal of the program shall be to establish 
historic and cultural preservation programs that meet the unique needs 
of each of those nations so that at the termination of the compacts the 
programs shall be firmly established.
  (c) Basis of Allocating Amounts.--The amounts to be made available 
under this subsection shall be allocated by the Secretary on the basis 
of needs as determined by the Secretary.
  (d) Waivers and Modifications.--The Secretary may waive or modify the 
requirements of this subdivision to conform to the cultural setting of 
those nations. Matching funds may be waived or modified.

Sec. 302909. Prohibited use of grant amounts

  No part of any grant made under this subdivision shall be used to 
compensate any person intervening in any proceeding under this division.

Sec. 302910. Recordkeeping

  A recipient of assistance under this division shall keep--
          (1) such records as the Secretary shall prescribe, including 
        records that fully disclose--
                  (A) the disposition by the recipient of the proceeds 
                of the assistance;
                  (B) the total cost of the project or undertaking in 
                connection with which the assistance is given or used; 
                and
                  (C) the amount and nature of that portion of the cost 
                of the project or undertaking supplied by other sources; 
                and
          (2) such other records as will facilitate an effective audit.

[[Page 128 STAT. 3206]]

                Chapter 3031--Historic Preservation Fund

Sec.
303101.  Establishment.
303102.  Content.
303103.  Use and availability.

Sec. 303101. Establishment

  To carry out this division (except chapter 3041) and chapter 3121, 
there is established in the Treasury the Historic Preservation Fund.

Sec. 303102. Contents

  For each of fiscal years 2012 to 2015, $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.

Sec. 303103. Use and availability

  Amounts in the Historic Preservation Fund shall be used only to carry 
out this division and shall be available for expenditure only when 
appropriated by Congress. Any amount not appropriated shall remain 
available in the Historic Preservation Fund until appropriated for those 
purposes. Appropriations made pursuant to this section may be made 
without fiscal year limitation.

                  Chapters 3033 Through 3037--Reserved

                       Chapter 3039--Miscellaneous

Sec.
303901.  Loan insurance program for preservation of property included on 
           National Register.
303902.  Training in, and dissemination of information concerning, 
           professional methods and techniques for preservation of 
           historic property.
303903.  Preservation education and training program.

Sec. 303901. Loan insurance program for preservation of property 
                        included on National Register

  (a) Establishment.--The Secretary shall establish and maintain a 
program by which the Secretary may, on application of a private lender, 
insure loans (including loans made in accordance with a mortgage) made 
by the lender to finance any project for the preservation of a property 
included on the National Register.
  (b) Loan Qualifications.--A loan may be insured under this section 
if--
          (1) the loan is made by a private lender approved by the 
        Secretary as financially sound and able to service the loan 
        properly;
          (2) the amount of the loan, and interest rate charged with 
        respect to the loan, do not exceed the amount and rate 
        established by the Secretary by regulation;
          (3) the Secretary has consulted the appropriate State Historic 
        Preservation Officer concerning the preservation of the historic 
        property;

[[Page 128 STAT. 3207]]

          (4) the Secretary has determined that the loan is adequately 
        secured and there is reasonable assurance of repayment;
          (5) the repayment period of the loan does not exceed the 
        lesser of 40 years or the expected life of the asset financed;
          (6) the amount insured with respect to the loan does not 
        exceed 90 percent of the loss sustained by the lender with 
        respect to the loan; and
          (7) the loan, the borrower, and the historic property to be 
        preserved meet such other terms and conditions as may be 
        prescribed by the Secretary by regulation, especially terms and 
        conditions relating to the nature and quality of the 
        preservation work.

  (c) Consultation.--The Secretary shall consult with the Secretary of 
the Treasury regarding the interest rate of loans insured under this 
section.
  (d) Limitation on Amount of Unpaid Principal Balance of Loans.--The 
aggregate unpaid principal balance of loans insured under this section 
may not exceed the amount that has been deposited in the Historic 
Preservation Fund but which has not been appropriated for any purpose.
  (e) Insurance Contracts.--Any contract of insurance executed by the 
Secretary under this section may be assignable, shall be an obligation 
supported by the full faith and credit of the United States, and shall 
be incontestable except for fraud or misrepresentation of which the 
holder had actual knowledge at the time it became a holder.
  (f) Conditions and Methods of Payment as Result of Loss.--The 
Secretary shall specify, by regulation and in each contract entered into 
under this section, the conditions and method of payment to a private 
lender as a result of losses incurred by the lender on any loan insured 
under this section.
  (g) Protection of Financial Interests of Federal Government.--In 
entering into any contract to insure a loan under this section, the 
Secretary shall take steps to ensure adequate protection of the 
financial interests of the Federal Government. The Secretary may--
          (1) in connection with any foreclosure proceeding, obtain, on 
        behalf of the Federal Government, the historic property securing 
        a loan insured under this section; and
          (2) operate or lease the historic property for such period as 
        may be necessary to protect the interest of the Federal 
        Government and to carry out subsection (h).

  (h) Conveyance to Governmental or Nongovernmental Entity of Property 
Acquired by Foreclosure.--
          (1) Attempt to convey to ensure property's preservation and 
        use.--In any case in which historic property is obtained 
        pursuant to subsection (g), the Secretary shall attempt to 
        convey the property to any governmental or nongovernmental 
        entity under conditions that will ensure the property's 
        continued preservation and use. If, after a reasonable time, the 
        Secretary, in consultation with the Council, determines that 
        there is no feasible and prudent means to convey the property 
        and to ensure its continued preservation and use, the Secretary 
        may convey the property at the fair market value of its interest 
        in the property to any entity without restriction.

[[Page 128 STAT. 3208]]

          (2) Disposition of funds.--Any funds obtained by the Secretary 
        in connection with the conveyance of any historic property 
        pursuant to paragraph (1) shall be deposited in the Historic 
        Preservation Fund and shall remain available in the Historic 
        Preservation Fund until appropriated by Congress to carry out 
        this division.

  (i) Assessment of Fees in Connection With Insuring Loans.--The 
Secretary may assess appropriate and reasonable fees in connection with 
insuring loans under this section. The fees shall be deposited in the 
Historic Preservation Fund and shall remain available in the Historic 
Preservation Fund until appropriated by Congress to carry out this 
division.
  (j) Treatment of Loans as Non-Federal Funds.--Notwithstanding any 
other provision of law, any loan insured under this section shall be 
treated as non-Federal funds for the purposes of satisfying any 
requirement of any other provision of law under which Federal funds to 
be used for any project or activity are conditioned on the use of non-
Federal funds by the recipient for payment of any portion of the costs 
of the project or activity.
  (k) Ineligibility of Debt Obligation for Purchase or Commitment To 
Purchase by, or Sale or Issuance to, Federal Financing Bank.--No debt 
obligation that is made or committed to be made, or that is insured or 
committed to be insured, by the Secretary under this section shall be 
eligible for purchase by, or commitment to purchase by, or sale or 
issuance to, the Federal Financing Bank.

Sec. 303902. Training in, and dissemination of information concerning, 
                        professional methods and techniques for 
                        preservation of historic property

  The Secretary shall develop and make available to Federal agencies, 
State and local governments, private organizations and individuals, and 
other nations and international organizations pursuant to the World 
Heritage Convention, training in, and information concerning, 
professional methods and techniques for the preservation of historic 
property and for the administration of the historic preservation program 
at the Federal, State, and local level. The Secretary shall also develop 
mechanisms to provide information concerning historic preservation to 
the general public including students.

Sec. 303903. Preservation education and training program

  The Secretary, in consultation with the Council and other appropriate 
Federal, tribal, Native Hawaiian, and non-Federal organizations, shall 
develop and implement a comprehensive preservation education and 
training program. The program shall include--
          (1) standards and increased preservation training 
        opportunities for Federal workers involved in preservation-
        related functions;
          (2) preservation training opportunities for other Federal, 
        State, tribal and local government workers, and students;
          (3) technical or financial assistance, or both, to 
        historically black colleges and universities, to tribal 
        colleges, and to colleges with a high enrollment of Native 
        Americans or Native Hawaiians, to establish preservation 
        training and degree programs; and

[[Page 128 STAT. 3209]]

          (4) where appropriate, coordination with the National Center 
        for Preservation Technology and Training of--
                  (A) distribution of information on preservation 
                technologies;
                  (B) provision of training and skill development in 
                trades, crafts, and disciplines related to historic 
                preservation in Federal training and development 
                programs; and
                  (C) support for research, analysis, conservation, 
                curation, interpretation, and display related to 
                preservation.

        Subdivision 3--Advisory Council on Historic Preservation

         Chapter 3041--Advisory Council on Historic Preservation

Sec.
304101.  Establishment; vacancies.
304102.  Duties of Council.
304103.  Cooperation between Council and instrumentalities of executive 
           branch of Federal Government.
304104.  Compensation of members of Council.
304105.  Administration.
304106.  International Centre for the Study of the Preservation and 
           Restoration of Cultural Property.
304107.  Transmittal of legislative recommendations, testimony, or 
           comments to any officer or agency of the United States prior 
           to submission to Congress.
304108.  Regulations, procedures, and guidelines.
304109.  Budget submission.
304110.  Report by Secretary to Council.
304111.  Reimbursements from State and local agencies.
304112.  Effectiveness of Federal grant and assistance programs.

Sec. 304101. Establishment; vacancies

  (a) Establishment.--There is established as an independent agency of 
the United States Government an Advisory Council on Historic 
Preservation, which shall be composed of the following members:
          (1) A Chairman appointed by the President selected from the 
        general public.
          (2) The Secretary.
          (3) The Architect of the Capitol.
          (4) The Secretary of Agriculture and the heads of 7 other 
        agencies of the United States (other than the Department of the 
        Interior), the activities of which affect historic preservation, 
        designated by the President.
          (5) One Governor appointed by the President.
          (6) One mayor appointed by the President.
          (7) The President of the National Conference of State Historic 
        Preservation Officers.
          (8) The Chairman of the National Trust.
          (9) Four experts in the field of historic preservation 
        appointed by the President from architecture, history, 
        archeology, and other appropriate disciplines.
          (10) Three members from the general public, appointed by the 
        President.
          (11) One member of an Indian tribe or Native Hawaiian 
        organization who represents the interests of the Indian tribe

[[Page 128 STAT. 3210]]

        or Native Hawaiian organization of which he or she is a member, 
        appointed by the President.

  (b) Designation of Substitutes.--Each member of the Council specified 
in paragraphs (2) to (5), (7), and (8) of subsection (a) may designate 
another officer of the department, agency, or organization to serve on 
the Council instead of the member, except that, in the case of 
paragraphs (2) and (4), no officer other than an Assistant Secretary or 
an officer having major department-wide or agency-wide responsibilities 
may be designated.
  (c) Term of Office.--Each member of the Council appointed under 
paragraphs (1) and (9) to (11) of subsection (a) shall serve for a term 
of 4 years from the expiration of the term of the member's predecessor. 
The members appointed under paragraphs (5) and (6) shall serve for the 
term of their elected office but not in excess of 4 years. An appointed 
member may not serve more than 2 terms. An appointed member whose term 
has expired shall serve until that member's successor has been 
appointed.
  (d) Vacancies.--A vacancy in the Council shall not affect its powers, 
but shall be filled, not later than 60 days after the vacancy commences, 
in the same manner as the original appointment (and for the balance of 
the unexpired term).
  (e) Designation of Vice Chairman.--The President shall designate a 
Vice Chairman from the members appointed under paragraph (5), (6), (9), 
or (10) of subsection (a). The Vice Chairman may act in place of the 
Chairman during the absence or disability of the Chairman or when the 
office is vacant.
  (f) Quorum.--Twelve members of the Council shall constitute a quorum.

Sec. 304102. Duties of Council

  (a) Duties.--The Council shall--
          (1) advise the President and Congress on matters relating to 
        historic preservation, recommend measures to coordinate 
        activities of Federal, State, and local agencies and private 
        institutions and individuals relating to historic preservation, 
        and advise on the dissemination of information pertaining to 
        those activities;
          (2) encourage, in cooperation with the National Trust and 
        appropriate private agencies, public interest and participation 
        in historic preservation;
          (3) recommend the conduct of studies in such areas as--
                  (A) the adequacy of legislative and administrative 
                statutes and regulations pertaining to historic 
                preservation activities of State and local governments; 
                and
                  (B) the effects of tax policies at all levels of 
                government on historic preservation;
          (4) advise as to guidelines for the assistance of State and 
        local governments in drafting legislation relating to historic 
        preservation;
          (5) encourage, in cooperation with appropriate public and 
        private agencies and institutions, training and education in the 
        field of historic preservation;
          (6) review the policies and programs of Federal agencies and 
        recommend to Federal agencies methods to improve the 
        effectiveness, coordination, and consistency of those policies 
        and programs with the policies and programs carried out under 
        this division; and

[[Page 128 STAT. 3211]]

          (7) inform and educate Federal agencies, State and local 
        governments, Indian tribes, other nations and international 
        organizations and private groups and individuals as to the 
        Council's authorized activities.

  (b) Annual Report.--The Council annually shall submit to the President 
a comprehensive report of its activities and the results of its studies 
and shall from time to time submit additional and special reports as it 
deems advisable. Each report shall propose legislative enactments and 
other actions as, in the judgment of the Council, are necessary and 
appropriate to carry out its recommendations and shall provide the 
Council's assessment of current and emerging problems in the field of 
historic preservation and an evaluation of the effectiveness of the 
programs of Federal agencies, State and local governments, and the 
private sector in carrying out this division.

Sec. 304103. Cooperation between Council and instrumentalities of 
                        executive branch of Federal Government

  The Council may secure directly from any Federal agency information, 
suggestions, estimates, and statistics for the purpose of this chapter. 
Each Federal agency may furnish information, suggestions, estimates, and 
statistics to the extent permitted by law and within available funds.

Sec. 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 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.

Sec. 304105. Administration

  (a) Executive Director.--There shall be an Executive Director of the 
Council who shall be appointed by the Chairman with the concurrence of 
the Council in the competitive service at a rate within the General 
Schedule, in the competitive service at a rate that may exceed the rate 
prescribed for the highest rate established for grade 15 of the General 
Schedule under section 5332 of title 5, or in the Senior Executive 
Service under section 3393 of title 5. The Executive Director shall 
report directly to the Council and perform such functions and duties as 
the Council may prescribe.
  (b) General Counsel and Appointment of Other Attorneys.--
          (1) General counsel.--The Council shall have a General 
        Counsel, who shall be appointed by the Executive Director. The 
        General Counsel shall report directly to the Executive Director 
        and serve as the Council's legal advisor.
          (2) Appointment of other attorneys.--The Executive Director 
        shall appoint other attorneys as may be necessary to--
                  (A) assist the General Counsel;
                  (B) represent the Council in court when appropriate, 
                including enforcement of agreements with Federal 
                agencies to which the Council is a party;

[[Page 128 STAT. 3212]]

                  (C) assist the Department of Justice in handling 
                litigation concerning the Council in court; and
                  (D) perform such other legal duties and functions as 
                the Executive Director and the Council may direct.

  (c) Appointment and Compensation of Officers and Employees.--The 
Executive Director of the Council may appoint and fix the compensation 
of officers and employees in the competitive service who are necessary 
to perform the functions of the Council at rates not to exceed that 
prescribed for the highest rate for grade 15 of the General Schedule 
under section 5332 of title 5. The Executive Director, with the 
concurrence of the Chairman, may appoint and fix the compensation of not 
to exceed 5 employees in the competitive service at rates that exceed 
that prescribed for the highest rate established for grade 15 of the 
General Schedule under section 5332 of title 5 or in the Senior 
Executive Service under section 3393 of title 5.
  (d) Appointment and Compensation of Additional Personnel.--The 
Executive Director may appoint and fix the compensation of such 
additional personnel as may be necessary to carry out the Council's 
duties, without regard to the civil service laws and chapter 51 and 
subchapter III of chapter 53 of title 5.
  (e) Expert and Consultant Services.--The Executive Director may 
procure expert and consultant services in accordance with section 3109 
of title 5.
  (f) Financial and Administrative Services.--
          (1) Services to be provided by secretary, agency, or private 
        entity.--Financial and administrative services (including those 
        related to budgeting, accounting, financial reporting, personnel 
        and procurement) shall be provided the Council by the Secretary 
        or, at the discretion of the Council, another agency or private 
        entity that reaches an agreement with the Council, for which 
        payments shall be made in advance, or by reimbursement, from 
        funds of the Council in such amounts as may be agreed on by the 
        Chairman of the Council and the head of the agency or the 
        authorized representative of the private entity that will 
        provide the services.
          (2) Federal agency regulations relating to collection apply.--
        When a Federal agency affords those services, the regulations of 
        that agency under section 5514(b) of title 5 for the collection 
        of indebtedness of personnel resulting from erroneous payments 
        shall apply to the collection of erroneous payments made to or 
        on behalf of a Council employee, and regulations of that agency 
        under sections 1513(d) and 1514 of title 31 for the 
        administrative control of funds shall apply to appropriations of 
        the Council. The Council shall not be required to prescribe 
        those regulations.

  (g) Funds, Personnel, Facilities, and Services.--
          (1) Provided by federal agency.--Any Federal agency may 
        provide the Council, with or without reimbursement as may be 
        agreed on by the Chairman and the agency, with such funds, 
        personnel, facilities, and services under its jurisdiction and 
        control as may be needed by the Council to carry out its duties, 
        to the extent that the funds, personnel, facilities, and 
        services are requested by the Council and are otherwise 
        available for that purpose. Any funds provided to the Council 
        pursuant to this subsection shall be obligated by the end of

[[Page 128 STAT. 3213]]

        the fiscal year following the fiscal year in which the funds are 
        received by the Council.
          (2) Obtaining additional property, facilities, and services 
        and receiving donations of money.--To the extent of available 
        appropriations, the Council may obtain by purchase, rental, 
        donation, or otherwise additional property, facilities, and 
        services as may be needed to carry out its duties and may 
        receive donations of money for that purpose. The Executive 
        Director may accept, hold, use, expend, and administer the 
        property, facilities, services, and money for the purposes of 
        this division.

  (h) Rights, Benefits, and Privileges of Transferred Employees.--Any 
employee in the competitive service of the United States transferred to 
the Council under section 207 of the National Historic Preservation Act 
(Public Law 89-665) retains all the rights, benefits, and privileges 
pertaining to the competitive service held prior to the transfer.
  (i) Exemption From Federal Advisory Committee Act.--The Council is 
exempt from the Federal Advisory Committee Act (5 U.S.C. App.).
  (j) Provisions That Govern Operations of Council.--Subchapter II of 
chapter 5 and chapter 7 of title 5 shall govern the operations of the 
Council.

Sec. 304106. International Centre for the Study of the Preservation and 
                        Restoration of Cultural Property

  (a) Authorization of Participation.--The participation of the United 
States as a member in the International Centre for the Study of the 
Preservation and Restoration of Cultural Property is authorized.
  (b) Official Delegation.--The Council shall recommend to the Secretary 
of State, after consultation with the Smithsonian Institution and other 
public and private organizations concerned with the technical problems 
of preservation, the members of the official delegation that will 
participate in the activities of the International Centre for the Study 
of the Preservation and Restoration of Cultural Property on behalf of 
the United States. The Secretary of State shall appoint the members of 
the official delegation from the persons recommended to the Secretary of 
State by the Council.

Sec. 304107. Transmittal of legislative recommendations, testimony, or 
                        comments to any officer or agency of the United 
                        States prior to submission to Congress

  No officer or agency of the United States shall have any authority to 
require the Council to submit its legislative recommendations, or 
testimony, or comments on legislation to any officer or agency of the 
United States for approval, comments, or review, prior to the submission 
of the recommendations, testimony, or comments to Congress. When the 
Council voluntarily seeks to obtain the comments or review of any 
officer or agency of the United States, the Council shall include a 
description of the actions in its legislative recommendations, 
testimony, or comments on legislation that it transmits to Congress.

[[Page 128 STAT. 3214]]

Sec. 304108. Regulations, procedures, and guidelines

  (a) In General.--The Council may promulgate regulations as it 
considers necessary to govern the implementation of section 306108 of 
this title in its entirety.
  (b) Participation by Local Governments.--The Council shall by 
regulation establish such procedures as may be necessary to provide for 
participation by local governments in proceedings and other actions 
taken by the Council with respect to undertakings referred to in section 
306108 of this title that affect the local governments.
  (c) Exemption for Federal Programs or Undertakings.--The Council, with 
the concurrence of the Secretary, shall promulgate regulations or 
guidelines, as appropriate, under which Federal programs or undertakings 
may be exempted from any or all of the requirements of this division 
when the exemption is determined to be consistent with the purposes of 
this division, taking into consideration the magnitude of the exempted 
undertaking or program and the likelihood of impairment of historic 
property.

Sec. 304109. Budget submission

  (a) Time and Manner of Submission.--The Council shall submit its 
budget annually as a related agency of the Department of the Interior.
  (b) Transmittal of Copies to Congressional Committees.--Whenever the 
Council submits any budget estimate or request to the President or the 
Office of Management and Budget, it shall concurrently transmit copies 
of that estimate or request to the Committee on Natural Resources and 
Committee on Appropriations of the House of Representatives and the 
Committee on Energy and Natural Resources and Committee on 
Appropriations of the Senate.

Sec. 304110. Report by Secretary to Council

  To assist the Council in discharging its responsibilities under this 
division, the Secretary at the request of the Chairman shall provide a 
report to the Council detailing the significance of any historic 
property, describing the effects of any proposed undertaking on the 
affected property, and recommending measures to avoid, minimize, or 
mitigate adverse effects.

Sec. 304111. Reimbursements from State and local agencies

  Subject to applicable conflict of interest laws, the Council may 
receive reimbursements from State and local agencies and others pursuant 
to agreements executed in furtherance of this division.

Sec. 304112. Effectiveness of Federal grant and assistance programs

  (a) Cooperative Agreements.--The Council may enter into a cooperative 
agreement with any Federal agency that administers a grant or assistance 
program for the purpose of improving the effectiveness of the 
administration of the program in meeting the purposes and policies of 
this division. The cooperative agreement may include provisions that 
modify the selection criteria for a grant or assistance program to 
further the purposes of this division or that allow the Council to 
participate in the selection of recipients, if those provisions are not 
inconsistent with the grant or assistance program's statutory 
authorization and purpose.

[[Page 128 STAT. 3215]]

  (b) Review of Grant and Assistance Programs.--The Council may--
          (1) review the operation of any Federal grant or assistance 
        program to evaluate the effectiveness of the program in meeting 
        the purposes and policies of this division;
          (2) make recommendations to the head of any Federal agency 
        that administers the program to further the consistency of the 
        program with the purposes and policies of this division and to 
        improve its effectiveness in carrying out those purposes and 
        policies; and
          (3) make recommendations to the President and Congress 
        regarding the effectiveness of Federal grant and assistance 
        programs in meeting the purposes and policies of this division, 
        including recommendations with regard to appropriate funding 
        levels.

             Subdivision 4--Other Organizations and Programs

            Chapter 3051--Historic Light Station Preservation

Sec.
305101.  Definitions.
305102.  Duties of Secretary in providing a national historic light 
           station program.
305103.  Selection of eligible entity and conveyance of historic light 
           stations.
305104.  Terms of conveyance.
305105.  Description of property.
305106.  Historic light station sales.

Sec. 305101. Definitions

  In this chapter:
          (1) Administrator.--The term ``Administrator'' means the 
        Administrator of General Services.
          (2) Eligible entity.--The term ``eligible entity'' means--
                  (A) any department or agency of the Federal 
                Government; or
                  (B) any department or agency of the State in which a 
                historic light station is located, the local government 
                of the community in which a historic light station is 
                located, a nonprofit corporation, an educational agency, 
                or a community development organization that--
                        (i) has agreed to comply with the conditions set 
                      forth in section 305104 of this title and to have 
                      the conditions recorded with the deed of title to 
                      the historic light station; and
                        (ii) is financially able to maintain the 
                      historic light station in accordance with the 
                      conditions set forth in section 305104 of this 
                      title.
          (3) Federal aid to navigation.--
                  (A) In general.--The term ``Federal aid to 
                navigation'' means any device, operated and maintained 
                by the United States, external to a vessel or aircraft, 
                intended to assist a navigator to determine position or 
                safe course, or to warn of dangers or obstructions to 
                navigation.
                  (B) Inclusions.--The term ``Federal aid to 
                navigation'' includes a light, lens, lantern, antenna, 
                sound signal,

[[Page 128 STAT. 3216]]

                camera, sensor, piece of electronic navigation 
                equipment, power source, or other piece of equipment 
                associated with a device described in subparagraph (A).
          (4) Historic light station.--The term ``historic light 
        station'' includes the light tower, lighthouse, keeper's 
        dwelling, garages, storage sheds, oil house, fog signal 
        building, boat house, barn, pumphouse, tramhouse support 
        structures, piers, walkways, underlying and appurtenant land and 
        related real property and improvements associated with a 
        historic light station that is a historic property.

Sec. 305102. Duties of Secretary in providing a national historic light 
                        station program

  To provide a national historic light station program, the Secretary 
shall--
          (1) collect and disseminate information concerning historic 
        light stations;
          (2) foster educational programs relating to the history, 
        practice, and contribution to society of historic light 
        stations;
          (3) sponsor or conduct research and study into the history of 
        light stations;
          (4) maintain a listing of historic light stations; and
          (5) assess the effectiveness of the program established by 
        this chapter regarding the conveyance of historic light 
        stations.

Sec. 305103. Selection of eligible entity and conveyance of historic 
                        light stations

  (a) Process and Policies.--The Secretary and the Administrator shall 
maintain a process and policies for identifying, and selecting, an 
eligible entity to which a historic light station could be conveyed for 
education, park, recreation, cultural, or historic preservation 
purposes, and to monitor the use of the light station by the eligible 
entity.
  (b) Application Review.--
          (1) In general.--The Secretary shall--
                  (A) review all applications for the conveyance of a 
                historic light station, when the agency with 
                administrative jurisdiction over the historic light 
                station has determined the property to be excess 
                property (as that term is defined in section 102 of 
                title 40); and
                  (B) forward to the Administrator a single approved 
                application for the conveyance of the historic light 
                station.
          (2) Consultation.--When selecting an eligible entity, the 
        Secretary shall consult with the State Historic Preservation 
        Officer of the State in which the historic light station is 
        located.

  (c) Conveyance or Sale of Historic Light Stations.--
          (1) Conveyance by administrator.--Except as provided in 
        paragraph (2), after the Secretary's selection of an eligible 
        entity, the Administrator shall convey, by quitclaim deed, 
        without consideration, all right, title, and interest of the 
        United States in and to a historic light station, subject to the 
        conditions set forth in section 305104 of this title. The 
        conveyance of a historic light station under this chapter shall 
        not be subject to the McKinney-Vento Homeless Assistance Act (42 
        U.S.C. 11301 et seq.) or section 416(d) of the Coast Guard 
        Authorization Act of 1998 (Public Law 105-383, 14 U.S.C. 93 
        note).

[[Page 128 STAT. 3217]]

          (2) Historic light station located within a system unit or a 
        refuge within national wildlife refuge system.--
                  (A) Approval of secretary required.--A historic light 
                station located within the exterior boundaries of a 
                System unit or a refuge within the National Wildlife 
                Refuge System shall be conveyed or sold only with the 
                approval of the Secretary.
                  (B) Conditions of conveyance.--If the Secretary 
                approves the conveyance of a historic light station 
                described in subparagraph (A), the conveyance shall be 
                subject to the conditions set forth in section 305104 of 
                this title and any other terms or conditions that the 
                Secretary considers necessary to protect the resources 
                of the System unit or wildlife refuge.
                  (C) Conditions of sale.--If the Secretary approves the 
                sale of a historic light station described in 
                subparagraph (A), the sale shall be subject to the 
                conditions set forth in paragraphs (1) to (4) and (8) of 
                subsection (a), and subsection (b), of section 305104 of 
                this title and any other terms or conditions that the 
                Secretary considers necessary to protect the resources 
                of the System unit or wildlife refuge.
                  (D) Cooperative agreements.--The Secretary is 
                encouraged to enter into cooperative agreements with 
                appropriate eligible entities with respect to historic 
                light stations described in subparagraph (A), as 
                provided in this division, to the extent that the 
                cooperative agreements are consistent with the 
                Secretary's responsibilities to manage and administer 
                the System unit or wildlife refuge.

Sec. 305104. Terms of conveyance

  (a) In General.--The conveyance of a historic light station shall be 
made subject to any conditions, including the reservation of easements 
and other rights on behalf of the United States, that the Administrator 
considers necessary to ensure that--
          (1) the Federal aids to navigation located at the historic 
        light station in operation on the date of conveyance remain the 
        personal property of the United States and continue to be 
        operated and maintained by the United States for as long as 
        needed for navigational purposes;
          (2) there is reserved to the United States the right to 
        remove, replace, or install any Federal aid to navigation 
        located at the historic light station as may be necessary for 
        navigational purposes;
          (3) the eligible entity to which the historic light station is 
        conveyed shall not interfere or allow interference in any manner 
        with any Federal aid to navigation or hinder activities required 
        for the operation and maintenance of any Federal aid to 
        navigation without the express written permission of the head of 
        the agency responsible for maintaining the Federal aid to 
        navigation;
          (4)(A) the eligible entity to which the historic light station 
        is conveyed shall, at its own cost and expense, use and maintain 
        the historic light station in accordance with this division, the 
        Secretary of the Interior's Standards for the Treatment of 
        Historic Properties contained in part 68 of title 36, Code of 
        Federal Regulations, and other applicable laws; and

[[Page 128 STAT. 3218]]

          (B) any proposed changes to the historic light station shall 
        be reviewed and approved by the Secretary in consultation with 
        the State Historic Preservation Officer of the State in which 
        the historic light station is located, for consistency with 
        section 800.5(a)(2)(vii) of title 36, Code of Federal 
        Regulations and the Secretary's Standards for Rehabilitation 
        contained in section 67.7 of title 36, Code of Federal 
        Regulations;
          (5) the eligible entity to which the historic light station is 
        conveyed shall make the historic light station available for 
        education, park, recreation, cultural, or historic preservation 
        purposes for the general public at reasonable times and under 
        reasonable conditions;
          (6) the eligible entity to which the historic light station is 
        conveyed shall not sell, convey, assign, exchange, or encumber 
        the historic light station, any part of the historic light 
        station, or any associated historic artifact conveyed to the 
        eligible entity in conjunction with the historic light station 
        conveyance, including any lens or lantern, unless the sale, 
        conveyance, assignment, exchange, or encumbrance is approved by 
        the Secretary;
          (7) the eligible entity to which the historic light station is 
        conveyed shall not conduct any commercial activity at the 
        historic light station, at any part of the historic light 
        station, or in connection with any associated historic artifact 
        conveyed to the eligible entity in conjunction with the historic 
        light station conveyance, in any manner, unless the commercial 
        activity is approved by the Secretary; and
          (8) the United States shall have the right, at any time, to 
        enter the historic light station without notice, for purposes of 
        operating, maintaining, and inspecting any aid to navigation and 
        for the purpose of ensuring compliance with this section, to the 
        extent that it is not possible to provide advance notice.

  (b) Maintenance of Aid to Navigation.--Any eligible entity to which a 
historic light station is conveyed shall not be required to maintain any 
Federal aid to navigation associated with a historic light station, 
except any private aid to navigation permitted to the eligible entity 
under section 83 of title 14.
  (c) Reversion.--In addition to any term or condition established 
pursuant to this section, the conveyance of a historic light station 
shall include a condition that the historic light station, or any 
associated historic artifact conveyed to the eligible entity in 
conjunction with the historic light station conveyance, including any 
lens or lantern, at the option of the Administrator, shall revert to the 
United States and be placed under the administrative control of the 
Administrator, if--
          (1) the historic light station, any part of the historic light 
        station, or any associated historic artifact ceases to be 
        available for education, park, recreation, cultural, or historic 
        preservation purposes for the general public at reasonable times 
        and under reasonable conditions that shall be set forth in the 
        eligible entity's application;
          (2) the historic light station or any part of the historic 
        light station ceases to be maintained in a manner that ensures 
        its present or future use as a site for a Federal aid to 
        navigation;
          (3) the historic light station, any part of the historic light 
        station, or any associated historic artifact ceases to be 
        maintained in compliance with this division, the Secretary of 
        the

[[Page 128 STAT. 3219]]

        Interior's Standards for the Treatment of Historic Properties 
        contained in part 68 of title 36, Code of Federal Regulations, 
        and other applicable laws;
          (4) the eligible entity to which the historic light station is 
        conveyed sells, conveys, assigns, exchanges, or encumbers the 
        historic light station, any part of the historic light fixture, 
        or any associated historic artifact, without approval of the 
        Secretary;
          (5) the eligible entity to which the historic light station is 
        conveyed conducts any commercial activity at the historic light 
        station, at any part of the historic light station, or in 
        conjunction with any associated historic artifact, without 
        approval of the Secretary; or
          (6) at least 30 days before the reversion, the Administrator 
        provides written notice to the owner that the historic light 
        station or any part of the historic light station is needed for 
        national security purposes.

  (d) Light Stations Originally Conveyed Under Other Authority.--On 
receiving notice of an executed or intended conveyance by an owner that 
received from the Federal Government under authority other than this 
division a historic light station in which the United States retains a 
reversionary or other interest and that is conveying it to another 
person by sale, gift, or any other manner, the Secretary shall review 
the terms of the executed or proposed conveyance to ensure that any new 
owner is capable of or is complying with any and all conditions of the 
original conveyance. The Secretary may require the parties to the 
conveyance and relevant Federal agencies to provide information as is 
necessary to complete the review. If the Secretary determines that the 
new owner has not complied or is unable to comply with those conditions, 
the Secretary shall immediately advise the Administrator, who shall 
invoke any reversionary interest or take other action as may be 
necessary to protect the interests of the United States.

Sec. 305105. Description of property

  (a) In General.--The Administrator shall prepare the legal description 
of any historic light station conveyed under this chapter. The 
Administrator, in consultation with the Secretary of Homeland Security 
and the Secretary, may retain all right, title, and interest of the 
United States in and to any historical artifact, including any lens or 
lantern, that is associated with the historic light station and located 
at the historic light station at the time of conveyance. Wherever 
possible, the historical artifacts should be used in interpreting the 
historic light station. In cases where there is no method for preserving 
lenses and other artifacts and equipment in situ, priority should be 
given to preservation or museum entities most closely associated with 
the historic light station, if they meet loan requirements.
  (b) Artifacts.--Artifacts associated with, but not located at, a 
historic light station at the time of conveyance shall remain the 
property of the United States under the administrative control of the 
Secretary of Homeland Security.
  (c) Covenants.--All conditions placed with the quitclaim deed of title 
to the historic light station shall be construed as covenants running 
with the land.

[[Page 128 STAT. 3220]]

  (d) Submerged Land.--No submerged land shall be conveyed under this 
chapter.

Sec. 305106. Historic light station sales

  (a) In General.--
          (1) When sale may occur.--If no applicant is approved for the 
        conveyance of a historic light station pursuant to sections 
        305101 through 305105 of this title, the historic light station 
        shall be offered for sale.
          (2) Terms of sale.--Terms of the sales--
                  (A) shall be developed by the Administrator; and
                  (B) shall be consistent with the requirements of 
                paragraphs (1) to (4) and (8) of subsection (a), and 
                subsection (b), of section 305104 of this title.
          (3) Covenants to be included in conveyance documents.--
        Conveyance documents shall include all necessary covenants to 
        protect the historical integrity of the historic light station 
        and ensure that any Federal aid to navigation located at the 
        historic light station is operated and maintained by the United 
        States for as long as needed for that purpose.

  (b) Net Sale Proceeds.--
          (1) Disposition and use of funds.--Net sale proceeds from the 
        disposal of a historic light station--
                  (A) located on public domain land shall be transferred 
                to the National Maritime Heritage Grants Program 
                established under chapter 3087 in the Department of the 
                Interior; and
                  (B) under the administrative control of the Secretary 
                of Homeland Security--
                        (i) shall be credited to the Coast Guard's 
                      Operating Expenses appropriation account; and
                        (ii) shall be available for obligation and 
                      expenditure for the maintenance of light stations 
                      remaining under the administrative control of the 
                      Secretary of Homeland Security.
          (2) Availability of funds.--The funds referred to in paragraph 
        (1)(B) shall remain available until expended and shall be 
        available in addition to funds available in the Coast Guard's 
        Operating Expense appropriation for that purpose.

 Chapter 3053--National Center for Preservation Technology and Training

Sec.
305301.  Definitions.
305302.  National Center for Preservation Technology and Training.
305303.  Preservation Technology and Training Board.
305304.  Preservation grants.
305305.  General provisions.
305306.  Service preservation centers and offices.

Sec. 305301. Definitions

  In this chapter:
          (1) Board.--The term ``Board'' means the Preservation 
        Technology and Training Board established pursuant to section 
        305303 of this title.

[[Page 128 STAT. 3221]]

          (2) Center.--The term ``Center'' means the National Center for 
        Preservation Technology and Training established pursuant to 
        section 305302 of this title.

Sec. 305302. National Center for Preservation Technology and Training

  (a) Establishment.--There is established within the Department of the 
Interior a National Center for Preservation Technology and Training. The 
Center shall be located at Northwestern State University of Louisiana in 
Natchitoches, Louisiana.
  (b) Purposes.--The purposes of the Center shall be to--
          (1) develop and distribute preservation and conservation 
        skills and technologies for the identification, evaluation, 
        conservation, and interpretation of historic property;
          (2) develop and facilitate training for Federal, State, and 
        local resource preservation professionals, cultural resource 
        managers, maintenance personnel, and others working in the 
        preservation field;
          (3) take steps to apply preservation technology benefits from 
        ongoing research by other agencies and institutions;
          (4) facilitate the transfer of preservation technology among 
        Federal agencies, State and local governments, universities, 
        international organizations, and the private sector; and
          (5) cooperate with related international organizations 
        including the International Council on Monuments and Sites, the 
        International Center for the Study of Preservation and 
        Restoration of Cultural Property, and the International Council 
        on Museums.

  (c) Programs.--The purposes shall be carried out through research, 
professional training, technical assistance, and programs for public 
awareness, and through a program of grants established under section 
305304 of this title.
  (d) Executive Director.--The Center shall be headed by an Executive 
Director with demonstrated expertise in historic preservation appointed 
by the Secretary with advice of the Board.
  (e) Assistance From Secretary.--The Secretary shall provide the Center 
assistance in obtaining such personnel, equipment, and facilities as may 
be needed by the Center to carry out its activities.

Sec. 305303. Preservation Technology and Training Board

  (a) Establishment.--There is established a Preservation Technology and 
Training Board.
  (b) Duties.--The Board shall--
          (1) provide leadership, policy advice, and professional 
        oversight to the Center;
          (2) advise the Secretary on priorities and the allocation of 
        grants among the activities of the Center; and
          (3) submit an annual report to the President and Congress.

  (c) Membership.--The Board shall be comprised of--
          (1) the Secretary;
          (2) 6 members appointed by the Secretary, who shall represent 
        appropriate Federal, State, and local agencies, State and local 
        historic preservation commissions, and other public and 
        international organizations; and
          (3) 6 members appointed by the Secretary on the basis of 
        outstanding professional qualifications, who represent major

[[Page 128 STAT. 3222]]

        organizations in the fields of archeology, architecture, 
        conservation, curation, engineering, history, historic 
        preservation, landscape architecture, planning, or preservation 
        education.

Sec. 305304. Preservation grants

  (a) In General.--The Secretary, in consultation with the Board, shall 
provide preservation technology and training grants to eligible 
applicants with a demonstrated institutional capability and commitment 
to the purposes of the Center, in order to ensure an effective and 
efficient system of research, information distribution, and skills 
training in all the related historic preservation fields.
  (b) Grant Requirements.--
          (1) Allocation.--Grants provided under this section shall be 
        allocated in such a fashion as to reflect the diversity of the 
        historic preservation fields and shall be geographically 
        distributed.
          (2) Limit on amount a recipient may receive.--No grant 
        recipient may receive more than 10 percent of the grants 
        allocated under this section within any year.
          (3) Limit on administrative costs.--The total administrative 
        costs, direct and indirect, charged for carrying out grants 
        under this section may not exceed 25 percent of the aggregate 
        costs.

  (c) Eligible Applicants.--Eligible applicants may include--
          (1) Federal and non-Federal laboratories;
          (2) accredited museums;
          (3) universities;
          (4) nonprofit organizations;
          (5) System units and offices and Cooperative Park Study Units 
        of the System;
          (6) State Historic Preservation Offices;
          (7) tribal preservation offices; and
          (8) Native Hawaiian organizations.

  (d) Standards and Methods.--Grants shall be awarded in accordance with 
accepted professional standards and methods, including peer review of 
projects.

Sec. 305305. General provisions

  (a) Acceptance of Grants and Transfers.--The Center may accept--
          (1) grants and donations from private individuals, groups, 
        organizations, corporations, foundations, and other entities; 
        and
          (2) transfers of funds from other Federal agencies.

  (b) Contracts and Cooperative Agreements.--Subject to appropriations, 
the Center may enter into contracts and cooperative agreements with 
Federal, State, local, and tribal governments, Native Hawaiian 
organizations, educational institutions, and other public entities to 
carry out the Center's responsibilities under this chapter.
  (c) Additional Funds.--Funds appropriated for the Center shall be in 
addition to funds appropriated for Service programs, centers, and 
offices in existence on October 30, 1992.

Sec. 305306. Service preservation centers and offices

  To improve the use of existing Service resources, the Secretary shall 
fully utilize and further develop the Service preservation (including 
conservation) centers and regional offices. The Secretary

[[Page 128 STAT. 3223]]

shall improve the coordination of the centers and offices within the 
Service, and shall, where appropriate, coordinate their activities with 
the Center and with other appropriate parties.

                 Chapter 3055--National Building Museum

Sec.
305501.  Definitions.
305502.  Cooperative agreement to operate museum.
305503.  Activities and functions.
305504.  Matching grants to Committee.
305505.  Annual report.

Sec. 305501. Definitions

  In this chapter:
          (1) Building arts.--The term ``building arts'' includes all 
        practical and scholarly aspects of prehistoric, historic, and 
        contemporary architecture, archeology, construction, building 
        technology and skills, landscape architecture, preservation and 
        conservation, building and construction, engineering, urban and 
        community design and renewal, city and regional planning, and 
        related professions, skills, trades, and crafts.
          (2) Committee.--The term ``Committee'' means the Committee for 
        a National Museum of the Building Arts, Incorporated, a 
        nonprofit corporation organized and existing under the laws of 
        the District of Columbia, or its successor.

Sec. 305502. Cooperative agreement to operate museum

  To provide a national center to commemorate and encourage the building 
arts and to preserve and maintain a nationally significant building that 
exemplifies the great achievements of the building arts in the United 
States, the Secretary and the Administrator of General Services shall 
enter into a cooperative agreement with the Committee for the operation 
of a National Building Museum in the Federal building located in the 
block bounded by Fourth Street, Fifth Street, F Street, and G Street, 
Northwest in Washington, District of Columbia. The cooperative agreement 
shall include provisions that--
          (1) make the site available to the Committee without charge;
          (2) provide, subject to available appropriations, such 
        maintenance, security, information, janitorial, and other 
        services as may be necessary to ensure the preservation and 
        operation of the site; and
          (3) prescribe reasonable terms and conditions by which the 
        Committee can fulfill its responsibilities under this division.

Sec. 305503. Activities and functions

  The National Building Museum shall--
          (1) collect and disseminate information concerning the 
        building arts, including the establishment of a national 
        reference center for current and historic documents, 
        publications, and research relating to the building arts;
          (2) foster educational programs relating to the history, 
        practice, and contribution to society of the building arts, 
        including promotion of imaginative educational approaches to 
        enhance understanding and appreciation of all facets of the 
        building arts;

[[Page 128 STAT. 3224]]

          (3) publicly display temporary and permanent exhibits 
        illustrating, interpreting and demonstrating the building arts;
          (4) sponsor or conduct research and study into the history of 
        the building arts and their role in shaping our civilization; 
        and
          (5) encourage contributions to the building arts.

Sec. 305504. Matching grants to Committee

  The Secretary shall provide matching grants to the Committee for its 
programs related to historic preservation. The Committee shall match the 
grants in such a manner and with such funds and services as shall be 
satisfactory to the Secretary, except that not more than $500,000 may be 
provided to the Committee in any one fiscal year.

Sec. 305505. Annual report

  The Committee shall submit an annual report to the Secretary and the 
Administrator of General Services concerning its activities under this 
chapter and shall provide the Secretary and the Administrator of General 
Services with such other information as the Secretary may consider 
necessary or advisable.

  Subdivision 5--Federal Agency Historic Preservation Responsibilities

         Chapter 3061--Program Responsibilities and Authorities

Subchapter I--In General
Sec.
306101.  Assumption of responsibility for preservation of historic 
           property.
306102.  Preservation program.
306103.  Recordation of historic property prior to alteration or 
           demolition.
306104.  Agency Preservation Officer.
306105.  Agency programs and projects.
306106.  Review of plans of transferees of surplus federally owned 
           historic property.
306107.  Planning and actions to minimize harm to National Historic 
           Landmarks.
306108.  Effect of undertaking on historic property.
306109.  Costs of preservation as eligible project costs.
306110.  Annual preservation awards program.
306111.  Environmental impact statement.
306112.  Waiver of provisions in event of natural disaster or imminent 
           threat to national security.
306113.  Anticipatory demolition.
306114.  Documentation of decisions respecting undertakings.
Subchapter II--Lease, Exchange, or Management of Historic Property
306121.  Lease or exchange.
306122.  Contracts for management of historic property.
Subchapter III--Protection and Preservation of Resources
306131.  Standards and guidelines.

                        Subchapter I--In General

Sec. 306101. Assumption of responsibility for preservation of historic 
                        property

  (a) In General.--
          (1) Agency head responsibility.--The head of each Federal 
        agency shall assume responsibility for the preservation of 
        historic property that is owned or controlled by the agency.

[[Page 128 STAT. 3225]]

          (2) Use of available historic property.--Prior to acquiring, 
        constructing, or leasing a building for purposes of carrying out 
        agency responsibilities, a Federal agency shall use, to the 
        maximum extent feasible, historic property available to the 
        agency, in accordance with Executive Order No. 13006 (40 U.S.C. 
        3306 note).
          (3) Necessary preservation.--Each Federal agency shall 
        undertake, consistent with the preservation of historic 
        property, the mission of the agency, and the professional 
        standards established pursuant to subsection (c), any 
        preservation as may be necessary to carry out this chapter.

  (b) Guidelines for Federal Agency Responsibility for Agency-Owned 
Historic Property.--In consultation with the Council, the Secretary 
shall promulgate guidelines for Federal agency responsibilities under 
this subchapter (except section 306108).
  (c) Professional Standards for Preservation of Federally Owned or 
Controlled Historic Property.--The Secretary shall establish, in 
consultation with the Secretary of Agriculture, the Secretary of 
Defense, the Smithsonian Institution, and the Administrator of General 
Services, professional standards for the preservation of historic 
property in Federal ownership or control.

Sec. 306102. Preservation program

  (a) Establishment.--Each Federal agency shall establish (except for 
programs or undertakings exempted pursuant to section 304108(c) of this 
title), in consultation with the Secretary, a preservation program for 
the identification, evaluation, and nomination to the National Register, 
and protection, of historic property.
  (b) Requirements.--The program shall ensure that--
          (1) historic property under the jurisdiction or control of the 
        agency is identified, evaluated, and nominated to the National 
        Register;
          (2) historic property under the jurisdiction or control of the 
        agency is managed and maintained in a way that considers the 
        preservation of their historic, archeological, architectural, 
        and cultural values in compliance with section 306108 of this 
        title and gives special consideration to the preservation of 
        those values in the case of property designated as having 
        national significance;
          (3) the preservation of property not under the jurisdiction or 
        control of the agency but potentially affected by agency actions 
        is given full consideration in planning;
          (4) the agency's preservation-related activities are carried 
        out in consultation with other Federal, State, and local 
        agencies, Indian tribes, Native Hawaiian organizations carrying 
        out historic preservation planning activities, and the private 
        sector; and
          (5) the agency's procedures for compliance with section 306108 
        of this title--
                  (A) are consistent with regulations promulgated by the 
                Council pursuant to section 304108(a) and (b) of this 
                title;
                  (B) provide a process for the identification and 
                evaluation of historic property for listing on the 
                National Register and the development and implementation 
                of agreements, in consultation with State Historic 
                Preservation Officers, local governments, Indian tribes, 
                Native Hawaiian

[[Page 128 STAT. 3226]]

                organizations, and the interested public, as 
                appropriate, regarding the means by which adverse 
                effects on historic property will be considered; and
                  (C) provide for the disposition of Native American 
                cultural items from Federal or tribal land in a manner 
                consistent with section 3(c) of the Native American 
                Graves Protection and Repatriation Act (25 U.S.C. 
                3002(c)).

Sec. 306103. Recordation of historic property prior to alteration or 
                        demolition

  Each Federal agency shall initiate measures to ensure that where, as a 
result of Federal action or assistance carried out by the agency, a 
historic property is to be substantially altered or demolished--
          (1) timely steps are taken to make or have made appropriate 
        records; and
          (2) the records are deposited, in accordance with section 
        302107 of this title, in the Library of Congress or with such 
        other appropriate agency as the Secretary may designate, for 
        future use and reference.

Sec. 306104. Agency Preservation Officer

  The head of each Federal agency (except an agency that is exempted 
under section 304108(c) of this title) shall designate a qualified 
official as the agency's Preservation Officer who shall be responsible 
for coordinating the agency's activities under this division. Each 
Preservation Officer may, to be considered qualified, satisfactorily 
complete an appropriate training program established by the Secretary 
under section 306101(c) of this title.

Sec. 306105. Agency programs and projects

  Consistent with the agency's missions and mandates, each Federal 
agency shall carry out agency programs and projects (including those 
under which any Federal assistance is provided or any Federal license, 
permit, or other approval is required) in accordance with the purposes 
of this division and give consideration to programs and projects that 
will further the purposes of this division.

Sec. 306106. Review of plans of transferees of surplus federally owned 
                        historic property

  The Secretary shall review and approve the plans of transferees of 
surplus federally owned historic property not later than 90 days after 
receipt of the plans to ensure that the prehistorical, historical, 
architectural, or culturally significant values will be preserved or 
enhanced.

Sec. 306107. Planning and actions to minimize harm to National Historic 
                        Landmarks

  Prior to the approval of any Federal undertaking that may directly and 
adversely affect any National Historic Landmark, the head of the 
responsible Federal agency shall to the maximum extent possible 
undertake such planning and actions as may be necessary to minimize harm 
to the landmark. The head of the Federal agency shall afford the Council 
a reasonable opportunity to comment with regard to the undertaking.

[[Page 128 STAT. 3227]]

Sec. 306108. Effect of undertaking on historic property

  The head of any Federal agency having direct or indirect jurisdiction 
over a proposed Federal or federally assisted undertaking in any State 
and the head of any Federal department or independent agency having 
authority to license any undertaking, prior to the approval of the 
expenditure of any Federal funds on the undertaking or prior to the 
issuance of any license, shall take into account the effect of the 
undertaking on any historic property. The head of the Federal agency 
shall afford the Council a reasonable opportunity to comment with regard 
to the undertaking.

Sec. 306109. Costs of preservation as eligible project costs

  A Federal agency may include the costs of preservation activities of 
the agency under this division as eligible project costs in all 
undertakings of the agency or assisted by the agency. The eligible 
project costs may include amounts paid by a Federal agency to a State to 
be used in carrying out the preservation responsibilities of the Federal 
agency under this division, and reasonable costs may be charged to 
Federal licensees and permittees as a condition to the issuance of the 
license or permit.

Sec. 306110. Annual preservation awards program

  The Secretary shall establish an annual preservation awards program 
under which the Secretary may make monetary awards in amounts of not to 
exceed $1,000 and provide citations for special achievement to officers 
and employees of Federal, State, and certified local governments in 
recognition of their outstanding contributions to the preservation of 
historic property. The program may include the issuance of annual awards 
by the President to any citizen of the United States recommended for the 
award by the Secretary.

Sec. 306111. Environmental impact statement

  Nothing in this division shall be construed to--
          (1) require the preparation of an environmental impact 
        statement where the statement would not otherwise be required 
        under the National Environmental Policy Act of 1969 (42 U.S.C. 
        4321 et seq.); or
          (2) provide any exemption from any requirement respecting the 
        preparation of an environmental impact statement under that Act.

Sec. 306112. Waiver of provisions in event of natural disaster or 
                        imminent threat to national security

  The Secretary shall promulgate regulations under which the 
requirements of this subchapter (except section 306108) may be waived in 
whole or in part in the event of a major natural disaster or an imminent 
threat to national security.

Sec. 306113. Anticipatory demolition

  Each Federal agency shall ensure that the agency will not grant a 
loan, loan guarantee, permit, license, or other assistance to an 
applicant that, with intent to avoid the requirements of section 306108 
of this title, has intentionally significantly adversely affected a 
historic property to which the grant would relate, or having legal power 
to prevent it, has allowed the significant adverse effect to occur, 
unless the agency, after consultation with the Council,

[[Page 128 STAT. 3228]]

determines that circumstances justify granting the assistance despite 
the adverse effect created or permitted by the applicant.

Sec. 306114. Documentation of decisions respecting undertakings

  With respect to any undertaking subject to section 306108 of this 
title that adversely affects any historic property for which a Federal 
agency has not entered into an agreement pursuant to regulations issued 
by the Council, the head of the agency shall document any decision made 
pursuant to section 306108 of this title. The head of the agency may not 
delegate the responsibility to document a decision pursuant to this 
section. Where an agreement pursuant to regulations issued by the 
Council has been executed with respect to an undertaking, the agreement 
shall govern the undertaking and all of its parts.

   Subchapter II--Lease, Exchange, or Management of Historic Property

Sec. 306121. Lease or exchange

  (a) Authority To Lease or Exchange.--Notwithstanding any other 
provision of law, each Federal agency, after consultation with the 
Council--
          (1) shall, to the extent practicable, establish and implement 
        alternatives (including adaptive use) for historic property that 
        is not needed for current or projected agency purposes; and
          (2) may lease historic property owned by the agency to any 
        person or organization, or exchange any property owned by the 
        agency with comparable historic property, if the agency head 
        determines that the lease or exchange will adequately ensure the 
        preservation of the historic property.

  (b) Proceeds of Lease.--Notwithstanding any other provision of law, 
the proceeds of a lease under subsection (a) may be retained by the 
agency entering into the lease and used to defray the costs of 
administration, maintenance, repair, and related expenses incurred by 
the agency with respect to that property or other property that is on 
the National Register that is owned by, or are under the jurisdiction or 
control of, the agency. Any surplus proceeds from the leases shall be 
deposited in the Treasury at the end of the 2d fiscal year following the 
fiscal year in which the proceeds are received.

Sec. 306122. Contracts for management of historic property

  The head of any Federal agency having responsibility for the 
management of any historic property may, after consultation with the 
Council, enter into a contract for the management of the property. The 
contract shall contain terms and conditions that the head of the agency 
considers necessary or appropriate to protect the interests of the 
United States and ensure adequate preservation of the historic property.

[[Page 128 STAT. 3229]]

        Subchapter III--Protection and Preservation of Resources

Sec. 306131. Standards and guidelines

  (a) Standards.--
          (1) In general.--Each Federal agency that is responsible for 
        the protection of historic property (including archeological 
        property) pursuant to this division or any other law shall 
        ensure that--
                  (A) all actions taken by employees or contractors of 
                the agency meet professional standards under regulations 
                developed by the Secretary in consultation with the 
                Council, other affected agencies, and the appropriate 
                professional societies of archeology, architecture, 
                conservation, history, landscape architecture, and 
                planning;
                  (B) agency personnel or contractors responsible for 
                historic property meet qualification standards 
                established by the Office of Personnel Management in 
                consultation with the Secretary and appropriate 
                professional societies of archeology, architecture, 
                conservation, curation, history, landscape architecture, 
                and planning; and
                  (C) records and other data, including data produced by 
                historical research and archeological surveys and 
                excavations, are permanently maintained in appropriate 
                databases and made available to potential users pursuant 
                to such regulations as the Secretary shall promulgate.
          (2) Considerations.--The standards referred to in paragraph 
        (1)(B) shall consider the particular skills and expertise needed 
        for the preservation of historic property and shall be 
        equivalent requirements for the disciplines involved.
          (3) Revision.--The Office of Management and Budget shall 
        revise qualification standards for the disciplines involved.

  (b) Guidelines.--To promote the preservation of historic property 
eligible for listing on the National Register, the Secretary shall, in 
consultation with the Council, promulgate guidelines to ensure that 
Federal, State, and tribal historic preservation programs subject to 
this division include plans to--
          (1) provide information to the owners of historic property 
        (including architectural, curatorial, and archeological 
        property) with demonstrated or likely research significance, 
        about the need for protection of the historic property, and the 
        available means of protection;
          (2) encourage owners to preserve historic property intact and 
        in place and offer the owners of historic property information 
        on the tax and grant assistance available for the donation of 
        the historic property or of a preservation easement of the 
        historic property;
          (3) encourage the protection of Native American cultural items 
        (within the meaning of section 2 of the Native American Graves 
        Protection and Repatriation Act (25 U.S.C. 3001)) and of 
        property of religious or cultural importance to Indian tribes, 
        Native Hawaiian organizations, or other Native American groups; 
        and
          (4) encourage owners that are undertaking archeological 
        excavations to--

[[Page 128 STAT. 3230]]

                  (A) conduct excavations and analyses that meet 
                standards for federally-sponsored excavations 
                established by the Secretary;
                  (B) donate or lend artifacts of research significance 
                to an appropriate research institution;
                  (C) allow access to artifacts for research purposes; 
                and
                  (D) prior to excavating or disposing of a Native 
                American cultural item in which an Indian tribe or 
                Native Hawaiian organization may have an interest under 
                subparagraph (B) or (C) of section 3(a)(2) of the Native 
                American Graves Protection and Repatriation Act (25 
                U.S.C. 3002(a)(2)(B), (C)), give notice to and consult 
                with the Indian tribe or Native Hawaiian organization.

                      Subdivision 6--Miscellaneous

                       Chapter 3071--Miscellaneous

Sec.
307101.  World Heritage Convention.
307102.  Effective date of regulations.
307103.  Access to information.
307104.  Inapplicability of division to White House, Supreme Court 
           building, or United States Capitol.
307105.  Attorney's fees and costs to prevailing parties in civil 
           actions.
307106.  Authorization for expenditure of appropriated funds.
307107.  Donations and bequests of money, personal property, and less 
           than fee interests in historic property.
307108.  Privately donated funds.

Sec. 307101. World Heritage Convention

  (a) Authority of Secretary.--In carrying out this section, the 
Secretary of the Interior may act directly or through an appropriate 
officer in the Department of the Interior.
  (b) Participation by United States.--The Secretary shall direct and 
coordinate participation by the United States in the World Heritage 
Convention in cooperation with the Secretary of State, the Smithsonian 
Institution, and the Council. Whenever possible, expenditures incurred 
in carrying out activities in cooperation with other nations and 
international organizations shall be paid for in such excess currency of 
the country or area where the expense is incurred as may be available to 
the United States.
  (c) Nomination of Property to World Heritage Committee.--The Secretary 
shall periodically nominate property that the Secretary determines is of 
international significance to the World Heritage Committee on behalf of 
the United States. No property may be nominated unless it has previously 
been determined to be of national significance. Each nomination shall 
include evidence of such legal protections as may be necessary to ensure 
preservation of the property and its environment (including restrictive 
covenants, easements, or other forms of protection). Before making any 
nomination, the Secretary shall notify the Committee on Natural 
Resources of the House of Representatives and the Committee on Energy 
and Natural Resources of the Senate.
  (d) Nomination of Non-Federal Property to World Heritage Committee 
Requires Written Concurrence of Owner.--No non-Federal property may be 
nominated by the Secretary to the World Heritage Committee for inclusion 
on the World Heritage List unless the owner of the property concurs in 
the nomination in writing.

[[Page 128 STAT. 3231]]

  (e) Consideration of Undertaking on Property.--Prior to the approval 
of any undertaking outside the United States that may directly and 
adversely affect a property that is on the World Heritage List or on the 
applicable country's equivalent of the National Register, the head of a 
Federal agency having direct or indirect jurisdiction over the 
undertaking shall take into account the effect of the undertaking on the 
property for purposes of avoiding or mitigating any adverse effect.

Sec. 307102. Effective date of regulations

  (a) Publication in Federal Register.--No final regulation of the 
Secretary shall become effective prior to the expiration of 30 calendar 
days after it is published in the Federal Register during which either 
or both Houses of Congress are in session.
  (b) Disapproval of Regulation by Resolution of Congress.--The 
regulation shall not become effective if, within 90 calendar days of 
continuous session of Congress after the date of promulgation, both 
Houses of Congress adopt a concurrent resolution, the matter after the 
resolving clause of which is as follows: ``That Congress disapproves the 
regulation promulgated by the Secretary dealing with the matter of       
  , which regulation was transmitted to Congress on         , '' the 
blank spaces in the resolution being appropriately filled.
  (c) Failure of Congress To Adopt Resolution of Disapproval of 
Regulation.--If at the end of 60 calendar days of continuous session of 
Congress after the date of promulgation of a regulation, no committee of 
either House of Congress has reported or been discharged from further 
consideration of a concurrent resolution disapproving the regulation, 
and neither House has adopted such a resolution, the regulation may go 
into effect immediately. If, within the 60 calendar days, a committee 
has reported or been discharged from further consideration of such a 
resolution, the regulation may go into effect not sooner than 90 
calendar days of continuous session of Congress after its promulgation 
unless disapproved as provided for.
  (d) Sessions of Congress.--For purposes of this section--
          (1) continuity of session is broken only by an adjournment 
        sine die; and
          (2) the days on which either House is not in session because 
        of an adjournment of more than 3 days to a day certain are 
        excluded in the computation of 60 and 90 calendar days of 
        continuous session of Congress.

  (e) Congressional Inaction or Rejection of Resolution of Disapproval 
Not Deemed Approval of Regulation.--Congressional inaction on or 
rejection of a resolution of disapproval shall not be deemed an 
expression of approval of the regulation.

Sec. 307103. Access to information

  (a) Authority To Withhold From Disclosure.--The head of a Federal 
agency, or other public official receiving grant assistance pursuant to 
this division, after consultation with the Secretary, shall withhold 
from disclosure to the public information about the location, character, 
or ownership of a historic property if the Secretary and the agency 
determine that disclosure may--
          (1) cause a significant invasion of privacy;
          (2) risk harm to the historic property; or

[[Page 128 STAT. 3232]]

          (3) impede the use of a traditional religious site by 
        practitioners.

  (b) Access Determination.--When the head of a Federal agency or other 
public official determines that information should be withheld from the 
public pursuant to subsection (a), the Secretary, in consultation with 
the Federal agency head or official, shall determine who may have access 
to the information for the purpose of carrying out this division.
  (c) Consultation With Council.--When information described in 
subsection (a) has been developed in the course of an agency's 
compliance with section 306107 or 306108 of this title, the Secretary 
shall consult with the Council in reaching determinations under 
subsections (a) and (b).

Sec. 307104. Inapplicability of division to White House, Supreme Court 
                        building, or United States Capitol

  Nothing in this division applies to the White House and its grounds, 
the Supreme Court building and its grounds, or the United States Capitol 
and its related buildings and grounds.

Sec. 307105. Attorney's fees and costs to prevailing parties in civil 
                        actions

  In any civil action brought in any United States district court by any 
interested person to enforce this division, if the person substantially 
prevails in the action, the court may award attorney's fees, expert 
witness fees, and other costs of participating in the civil action, as 
the court considers reasonable.

Sec. 307106. Authorization for expenditure of appropriated funds

  Where appropriate, each Federal agency may expend funds appropriated 
for its authorized programs for the purposes of activities carried out 
pursuant to this division, except to the extent that appropriations 
legislation expressly provides otherwise.

Sec. 307107. Donations and bequests of money, personal property, and 
                        less than fee interests in historic property

  (a) Money and Personal Property.--The Secretary may accept donations 
and bequests of money and personal property for the purposes of this 
division and shall hold, use, expend, and administer the money and 
personal property for those purposes.
  (b) Less Than Fee Interest in Historic Property.--The Secretary may 
accept gifts or donations of less than fee interests in any historic 
property where the acceptance of an interest will facilitate the 
conservation or preservation of the historic property. Nothing in this 
section or in any provision of this division shall be construed to 
affect or impair any other authority of the Secretary under other 
provision of law to accept or acquire any property for conservation or 
preservation or for any other purpose.

Sec. 307108. Privately donated funds

  (a) Projects for Which Funds May Be Used.--In furtherance of the 
purposes of this division, the Secretary may accept the donation of 
funds that may be expended by the Secretary for projects to acquire, 
restore, preserve, or recover data from any property

[[Page 128 STAT. 3233]]

included on the National Register, as long as the project is owned by a 
State, any unit of local government, or any nonprofit entity.
  (b) Consideration of Factors Respecting Expenditure of Funds.--
          (1) In general.--In expending the funds, the Secretary shall 
        give due consideration to--
                  (A) the national significance of the project;
                  (B) its historical value to the community;
                  (C) the imminence of its destruction or loss; and
                  (D) the expressed intentions of the donor.
          (2) Funds available without regard to matching requirements.--
        Funds expended under this subsection shall be made available 
        without regard to the matching requirements established by 
        sections 302901 and 302902(b) of this title, but the recipient 
        of the funds shall be permitted to utilize them to match any 
        grants from the Historic Preservation Fund.

  (c) Transfer of Unobligated Funds.--The Secretary may transfer 
unobligated funds previously donated to the Secretary for the purposes 
of the Service, with the consent of the donor, and any funds so 
transferred shall be used or expended in accordance with this division.

                 Division B--Organizations and Programs

          Subdivision 1--Administered by National Park Service

          Chapter 3081--American Battlefield Protection Program

Sec.
308101.  Definition.
308102.  Preservation assistance.
308103.  Battlefield acquisition grant program.

Sec. 308101. Definition

  In this chapter, the term ``Secretary'' means the Secretary, acting 
through the American Battlefield Protection Program.

Sec. 308102. Preservation assistance

  (a) In General.--Using the established national historic preservation 
program to the extent practicable, the Secretary shall encourage, 
support, assist, recognize, and work in partnership with citizens, 
Federal, State, local, and tribal governments, other public entities, 
educational institutions, and private nonprofit organizations in 
identifying, researching, evaluating, interpreting, and protecting 
historic battlefields and associated sites on a national, State, and 
local level.
  (b) Financial Assistance.--To carry out subsection (a), the Secretary 
may use a cooperative agreement, grant, contract, or other generally 
adopted means of providing financial assistance.
  (c) Authorization of Appropriations.--There is authorized to be 
appropriated to carry out this section $3,000,000 for each fiscal year, 
to remain available until expended.

[[Page 128 STAT. 3234]]

Sec. 308103. Battlefield acquisition grant program

  (a) Definition.--In this section, the term ``eligible site'' means a 
site--
          (1) that is not within the exterior boundaries of a System 
        unit; and
          (2) that is identified in the document entitled ``Report on 
        the Nation's Civil War Battlefields'', prepared by the Civil War 
        Sites Advisory Commission, and dated July 1993.

  (b) Establishment.--The Secretary shall establish a battlefield 
acquisition grant program under which the Secretary may provide grants 
to State and local governments to pay the Federal share of the cost of 
acquiring interests in eligible sites for the preservation and 
protection of those eligible sites.
  (c) Nonprofit Partners.--A State or local government may acquire an 
interest in an eligible site using a grant under this section in 
partnership with a nonprofit organization.
  (d) Non-Federal Share.--The non-Federal share of the total cost of 
acquiring an interest in an eligible site under this section shall be 
not less than 50 percent.
  (e) Limitation on Land Use.--An interest in an eligible site acquired 
under this section shall be subject to section 200305(f)(3) of this 
title.
  (f) Authorization of Appropriations.--There is authorized to be 
appropriated to the Secretary to provide grants under this section 
$10,000,000 for each of fiscal years 2012 and 2013.

     Chapter 3083--National Underground Railroad Network to Freedom

Sec.
308301.  Definition.
308302.  Program.
308303.  Preservation and interpretation of Underground Railroad 
           history, historic sites, and structures.
308304.  Authorization of appropriations.

Sec. 308301.  Definition

  In this chapter, the term ``national network'' means the National 
Underground Railroad Network to Freedom established under section 308302 
of this title.

Sec. 308302. Program

  (a) Establishment; Responsibilities of Secretary.--The Secretary shall 
establish in the Service the National Underground Railroad Network to 
Freedom. Under the national network, the Secretary shall--
          (1) produce and disseminate appropriate educational materials, 
        such as handbooks, maps, interpretive guides, or electronic 
        information;
          (2) enter into appropriate cooperative agreements and 
        memoranda of understanding to provide technical assistance under 
        subsection (c); and
          (3) create and adopt an official, uniform symbol or device for 
        the national network and issue regulations for its use.

  (b) Elements.--The national network shall encompass the following 
elements:

[[Page 128 STAT. 3235]]

          (1) All System units and programs of the Service determined by 
        the Secretary to pertain to the Underground Railroad.
          (2) Other Federal, State, local, and privately owned 
        properties pertaining to the Underground Railroad that have a 
        verifiable connection to the Underground Railroad and that are 
        included on, or determined by the Secretary to be eligible for 
        inclusion on, the National Register of Historic Places.
          (3) Other governmental and nongovernmental facilities and 
        programs of an educational, research, or interpretive nature 
        that are directly related to the Underground Railroad.

  (c) Cooperative Agreements and Memoranda of Understanding.--To achieve 
the purposes of this chapter and to ensure effective coordination of the 
Federal and non-Federal elements of the national network with System 
units and programs of the Service, the Secretary may enter into 
cooperative agreements and memoranda of understanding with, and provide 
technical assistance--
          (1) to the heads of other Federal agencies, States, 
        localities, regional governmental bodies, and private entities; 
        and
          (2) in cooperation with the Secretary of State, to the 
        governments of Canada, Mexico, and any appropriate country in 
        the Caribbean.

Sec. 308303. Preservation and interpretation of Underground Railroad 
                        history, historic sites, and structures

  (a) Authority To Make Grants.--The Secretary may make grants in 
accordance with this section for the preservation and restoration of 
historic buildings or structures associated with the Underground 
Railroad, and for related research and documentation to sites, programs, 
or facilities that have been included in the national network.
  (b) Grant Conditions.--Any grant made under this section shall provide 
that--
          (1) no change or alteration may be made in property for which 
        the grant is used except with the agreement of the property 
        owner and the Secretary;
          (2) the Secretary shall have the right of access at reasonable 
        times to the public portions of the property for interpretive 
        and other purposes; and
          (3) conversion, use, or disposal of the property for purposes 
        contrary to the purposes of this chapter, as determined by the 
        Secretary, shall result in a right of the United States to 
        compensation equal to all Federal funds made available to the 
        grantee under this chapter.

  (c) Matching Requirement.--The Secretary may obligate funds made 
available for a grant under this section only if the grantee agrees to 
match, from funds derived from non-Federal sources, the amount of the 
grant with an amount that is equal to or greater than the grant. The 
Secretary may waive the requirement if the Secretary determines that an 
extreme emergency exists or that a waiver is in the public interest to 
ensure the preservation of historically significant resources.

Sec. 308304. Authorization of appropriations

  (a) Amounts.--There is authorized to be appropriated to carry out this 
chapter $2,500,000 for each fiscal year, of which--

[[Page 128 STAT. 3236]]

          (1) $2,000,000 shall be used to carry out section 308302 of 
        this title; and
          (2) $500,000 shall be used to carry out section 308303 of this 
        title.

  (b) Limitation.--No amount may be appropriated for the purposes of 
this chapter except to the Secretary for carrying out the 
responsibilities of the Secretary as set forth in this chapter.

          Chapter 3085--National Women's Rights History Project

Sec.
308501.  National women's rights history project national registry.
308502.  National women's rights history project partnerships network.

Sec. 308501. National women's rights history project national registry

  (a) In General.--The Secretary may make annual grants to State 
historic preservation offices for not more than 5 years to assist the 
State historic preservation offices in surveying, evaluating, and 
nominating to the National Register of Historic Places women's rights 
history properties.
  (b) Eligibility.--In making grants under subsection (a), the Secretary 
shall give priority to grants relating to properties associated with the 
multiple facets of the women's rights movement, such as politics, 
economics, education, religion, and social and family rights.
  (c) Updates.--The Secretary shall ensure that the National Register 
travel itinerary website entitled ``Places Where Women Made History'' is 
updated to contain--
          (1) the results of the inventory conducted under subsection 
        (a); and
          (2) any links to websites related to places on the inventory.

  (d) Cost-Sharing Requirement.--The Federal share of the cost of any 
activity carried out using any assistance made available under this 
section shall be 50 percent.
  (e) Authorization of Appropriations.--There is authorized to be 
appropriated to the Secretary to carry out this section $1,000,000 for 
each of fiscal years 2012 and 2013.

Sec. 308502. National women's rights history project partnerships 
                        network

  (a) Grants.--The Secretary may make matching grants and give technical 
assistance for development of a network of governmental and 
nongovernmental entities (referred to in this section as the 
``network''), the purpose of which is to provide interpretive and 
educational program development of national women's rights history, 
including historic preservation.
  (b) Management of Network.--
          (1) In general.--Through a competitive process, the Secretary 
        shall designate a nongovernmental managing entity to manage the 
        network.
          (2) Coordination.--The nongovernmental managing entity 
        designated under paragraph (1) shall work in partnership with 
        the Director and State historic preservation offices to 
        coordinate operation of the network.

  (c) Cost-Sharing Requirement.--

[[Page 128 STAT. 3237]]

          (1) In general.--The Federal share of the cost of any activity 
        carried out using any assistance made available under this 
        section shall be 50 percent.
          (2) State historic preservation offices.--Matching grants for 
        historic preservation specific to the network may be made 
        available through State historic preservation offices.

  (d) Authorization of Appropriations.--There is authorized to be 
appropriated to the Secretary to carry out this section $1,000,000 for 
each of fiscal years 2012 and 2013.

                Chapter 3087--National Maritime Heritage

Sec.
308701.  Policy.
308702.  Definitions.
308703.  National Maritime Heritage Grants Program.
308704.  Funding.
308705.  Designation of America's National Maritime Museum.
308706.  Regulations.
308707.  Applicability of other authorities.

Sec. 308701. Policy

  It shall be the policy of the Federal Government, in partnership with 
the States and local governments and private organizations and 
individuals, to--
          (1) use measures, including financial and technical 
        assistance, to foster conditions under which our modern society 
        and our historic maritime resources can exist in productive 
        harmony;
          (2) provide leadership in the preservation of the historic 
        maritime resources of the United States;
          (3) contribute to the preservation of historic maritime 
        resources and give maximum encouragement to organizations and 
        individuals undertaking preservation by private means; and
          (4) assist State and local governments to expand their 
        maritime historic preservation programs and activities.

Sec. 308702. Definitions

  In this chapter:
          (1) National trust.--The term ``National Trust'' means the 
        National Trust for Historic Preservation in the United States 
        established under section 312102 of this title.
          (2) Private nonprofit organization.--The term ``private 
        nonprofit organization'' means any person that is exempt from 
        taxation under section 501(a) of the Internal Revenue Code of 
        1986 (26 U.S.C. 501(a)) and described in section 501(c)(3) of 
        the Internal Revenue Code of 1986 (26 U.S.C. 501(c)(3)).
          (3) Program.--The term ``Program'' means the National Maritime 
        Heritage Grants Program established under section 308703(a) of 
        this title.
          (4) State historic preservation officer.--The term ``State 
        Historic Preservation Officer'' means a State Historic 
        Preservation Officer appointed pursuant to section 302301(1) of 
        this title by the chief executive official of a State having a 
        State Historic Preservation Program approved by the Secretary 
        under that section.

[[Page 128 STAT. 3238]]

Sec. 308703. National Maritime Heritage Grants Program

  (a) Establishment.--There is established in the Department of the 
Interior the National Maritime Heritage Grants Program, to foster in the 
American public a greater awareness and appreciation of the role of 
maritime endeavors in our Nation's history and culture. The Program 
shall consist of--
          (1) annual grants to the National Trust for subgrants 
        administered by the National Trust for maritime heritage 
        education projects under subsection (b); and
          (2) grants to State Historic Preservation Officers for 
        maritime heritage preservation projects carried out or 
        administered by those Officers under subsection (c).

  (b) Grants for Maritime Heritage Education Projects.--
          (1) Grants to national trust.--The Secretary, subject to 
        paragraph (2), and the availability of amounts for that purpose 
        under section 308704(b)(1)(A) of this title, shall make an 
        annual grant to the National Trust for maritime heritage 
        education projects.
          (2) Use of grants.--Amounts received by the National Trust as 
        an annual grant under this subsection shall be used to make 
        subgrants to State and local governments and private nonprofit 
        organizations to carry out education projects that have been 
        approved by the Secretary under subsection (f) and that consist 
        of--
                  (A) assistance to any maritime museum or historical 
                society for--
                        (i) existing and new educational programs, 
                      exhibits, educational activities, conservation, 
                      and interpretation of artifacts and collections;
                        (ii) minor improvements to educational and 
                      museum facilities; and
                        (iii) other similar activities;
                  (B) activities designed to encourage the preservation 
                of traditional maritime skills, including--
                        (i) building and operation of vessels of all 
                      sizes and types for educational purposes;
                        (ii) special skills such as wood carving, sail 
                      making, and rigging;
                        (iii) traditional maritime art forms; and
                        (iv) sail training;
                  (C) other educational activities relating to historic 
                maritime resources, including--
                        (i) maritime  educational  waterborne-experience 
                      programs in historic vessels or vessel 
                      reproductions;
                        (ii) maritime archeological field schools; and
                        (iii) educational programs on other aspects of 
                      maritime history;
                  (D) heritage programs focusing on maritime historic 
                resources, including maritime heritage trails and 
                corridors; or
                  (E) the construction and use of reproductions of 
                historic maritime resources for educational purposes, if 
                a historic maritime resource no longer exists or would 
                be damaged or consumed through direct use.

  (c) Grants for Maritime Heritage Preservation Projects.--
          (1) Grants to state historic preservation officers.--The 
        Secretary, acting through the National Maritime Initiative

[[Page 128 STAT. 3239]]

        of the Service and subject to paragraph (2), and the 
        availability of amounts for that purpose under section 
        308704(b)(1)(B) of this title, shall make grants to State 
        Historic Preservation Officers for maritime heritage 
        preservation projects.
          (2) Use of grants.--Amounts received by a State Historic 
        Preservation Officer as a grant under this subsection shall be 
        used by the Officer to carry out, or to make subgrants to local 
        governments and private nonprofit organizations to carry out, 
        projects that have been approved by the Secretary under 
        subsection (f) for the preservation of historic maritime 
        resources through--
                  (A) identification of historic maritime resources, 
                including underwater archeological sites;
                  (B) acquisition of historic maritime resources for the 
                purposes of preservation;
                  (C) repair, restoration, stabilization, maintenance, 
                or other capital improvements to historic maritime 
                resources, in accordance with standards prescribed by 
                the Secretary; and
                  (D) research, recording (through drawings, 
                photographs, or otherwise), planning (through 
                feasibility studies, architectural and engineering 
                services, or otherwise), and other services carried out 
                as part of a preservation program for historic maritime 
                resources.

  (d) Criteria for Direct Grant and Subgrant Eligibility.--To qualify 
for a subgrant from the National Trust under subsection (b), or a direct 
grant to or a subgrant from a State Historic Preservation Officer under 
subsection (c), a person shall--
          (1) demonstrate that the project for which the direct grant or 
        subgrant will be used has the potential for reaching a broad 
        audience with an effective educational program based on American 
        maritime history, technology, or the role of maritime endeavors 
        in American culture;
          (2) match the amount of the direct grant or subgrant, on a 1-
        to-1 basis, with non-Federal assets from non-Federal sources, 
        which may include cash or donated services fairly valued as 
        determined by the Secretary;
          (3) maintain records as may be reasonably necessary to fully 
        disclose--
                  (A) the amount and the disposition of the proceeds of 
                the direct grant or subgrant;
                  (B) the total cost of the project for which the direct 
                grant or subgrant is made; and
                  (C) other records as may be required by the Secretary, 
                including such records as will facilitate an effective 
                accounting for project funds;
          (4) provide access to the Secretary for the purposes of any 
        required audit and examination of any records of the person; and
          (5) be a unit of State or local government, or a private 
        nonprofit organization.

  (e) Procedures, Terms, and Conditions.--
          (1) Application procedures.--An application for a subgrant 
        under subsection (b), or a direct grant or subgrant under 
        subsection (c), shall be submitted under procedures prescribed 
        by the Secretary.

[[Page 128 STAT. 3240]]

          (2) Terms and conditions.--A person may not receive a subgrant 
        under subsection (b), or a direct grant or subgrant under 
        subsection (c), unless the person agrees to assume, after 
        completion of the project for which the direct grant or subgrant 
        is awarded, the total cost of the continued maintenance, repair, 
        and administration of any property for which the subgrant will 
        be used in a manner satisfactory to the Secretary.

  (f) Allocation of, and Limitation on, Grant Funding.--
          (1) Allocation.--To the extent feasible, the Secretary shall 
        ensure that the amount made available under subsection (b) for 
        maritime heritage education projects is equal to the amount made 
        available under subsection (c) for maritime heritage 
        preservation projects.
          (2) Limitation.--The amount provided by the Secretary in a 
        fiscal year as grants under this section for projects relating 
        to historic maritime resources owned or operated by the Federal 
        Government shall not exceed 40 percent of the total amount 
        available for the fiscal year for grants under this section.

  (g) Publication of Direct Grant and Subgrant Information.--The 
Secretary shall publish annually in the Federal Register and otherwise 
as the Secretary considers appropriate--
          (1) a solicitation of applications for direct grants and 
        subgrants under this section;
          (2) a list of priorities for the making of those direct grants 
        and subgrants;
          (3) a single deadline for the submission of applications for 
        those direct grants and subgrants; and
          (4) other relevant information.

  (h) Direct Grant and Subgrant Administration.--
          (1) Responsibility.--
                  (A) National trust.--The National Trust is responsible 
                for administering subgrants for maritime heritage 
                education projects under subsection (b).
                  (B) Secretary.--The Secretary is responsible for 
                administering direct grants for maritime heritage 
                preservation projects under subsection (c).
                  (C) State historic preservation officers.--State 
                Historic Preservation Officers are responsible for 
                administering subgrants for maritime heritage 
                preservation projects under subsection (c).
          (2) Actions.--The appropriate responsible party under 
        paragraph (1) shall administer direct grants or subgrants by--
                  (A) publicizing the Program to prospective grantees, 
                subgrantees, and the public at large, in cooperation 
                with the Service, the Maritime Administration, and other 
                appropriate government agencies and private 
                institutions;
                  (B) answering inquiries from the public, including 
                providing information on the Program as requested;
                  (C) distributing direct grant and subgrant 
                applications;
                  (D) receiving direct grant and subgrant applications 
                and ensuring their completeness;
                  (E) keeping records of all direct grant and subgrant 
                awards and expenditures of funds;
                  (F) monitoring progress of projects carried out with 
                direct grants and subgrants; and
                  (G) providing to the Secretary such progress reports 
                as may be required by the Secretary.

[[Page 128 STAT. 3241]]

  (i) Assistance of Maritime Preservation Organizations.--The Secretary, 
the National Trust, and the State Historic Preservation Officers may, 
individually or jointly, enter into cooperative agreements with any 
private nonprofit organization with appropriate expertise in maritime 
preservation issues, or other qualified maritime preservation 
organizations, to assist in the administration of the Program.
  (j) Report to Congress.--The Secretary shall submit to Congress an 
annual report on the Program, including--
          (1) a description of each project funded under the Program in 
        the period covered by the report;
          (2) the results or accomplishments of each such project; and
          (3) recommended priorities for achieving the policy set forth 
        in section 308701 of this title.

Sec. 308704. Funding

  (a) Availability of Funds From Sale and Scrapping of Obsolete 
Vessels.--
          (1) In general.--Notwithstanding any other provision of law, 
        the amount of funds credited in a fiscal year to the Vessel 
        Operations Revolving Fund established by section 50301(a) of 
        title 46 that is attributable to the sale of obsolete vessels in 
        the National Defense Reserve Fleet that are scrapped or sold 
        under section 57102, 57103, or 57104 of title 46 shall be 
        available until expended as follows:
                  (A) Fifty percent shall be available to the 
                Administrator of the Maritime Administration for such 
                acquisition, maintenance, repair, reconditioning, or 
                improvement of vessels in the National Defense Reserve 
                Fleet as is authorized under other Federal law.
                  (B) Twenty five percent shall be available to the 
                Administrator of the Maritime Administration for the 
                payment or reimbursement of expenses incurred by or on 
                behalf of State maritime academies or the United States 
                Merchant Marine Academy for facility and training ship 
                maintenance, repair, and modernization, and for the 
                purchase of simulators and fuel.
                  (C) The remainder shall be available--
                        (i) to the Secretary to carry out the Program, 
                      as provided in subsection (b); or
                        (ii) if otherwise determined by the 
                      Administrator of the Maritime Administration, for 
                      use in the preservation and presentation to the 
                      public of maritime heritage property of the 
                      Maritime Administration.
          (2) Applicability.--Paragraph (1) does not apply to amounts 
        credited to the Vessel Operations Revolving Fund before July 1, 
        1994.

  (b) Use of Amounts for Program.--
          (1) In general.--Except as provided in paragraph (2), of 
        amounts available each fiscal year for the Program under 
        subsection (a)(1)(C)--
                  (A) one half shall be used for grants under section 
                308703(b) of this title; and
                  (B) one half shall be used for grants under section 
                308703(c) of this title.
          (2) Administrative expenses.--

[[Page 128 STAT. 3242]]

                  (A) In general.--Not more than 15 percent or $500,000, 
                whichever is less, of the amount available for the 
                Program under subsection (a)(1)(C) for a fiscal year may 
                be used for expenses of administering the Program.
                  (B) Allocation.--Of the amount available under 
                subparagraph (A) for a fiscal year--
                        (i) one half shall be allocated to the National 
                      Trust for expenses incurred in administering 
                      grants under section 308703(b) of this title; and
                        (ii) one half shall be allocated as appropriate 
                      by the Secretary to the Service and participating 
                      State Historic Preservation Officers.

  (c) Disposal of Vessels.--
          (1) Requirement.--The Secretary of Transportation shall 
        dispose (by sale or by purchase of disposal services) of all 
        vessels described in paragraph (2)--
                  (A) in accordance with a priority system for disposing 
                of vessels, as determined by the Secretary, that shall 
                include provisions requiring the Maritime Administration 
                to--
                        (i) dispose of all deteriorated high priority 
                      ships that are available for disposal within 12 
                      months of their designation as available for 
                      disposal; and
                        (ii) give priority to the disposition of those 
                      vessels that pose the most significant danger to 
                      the environment or cost the most to maintain;
                  (B) in the manner that provides the best value to the 
                Federal Government, except in any case in which 
                obtaining the best value would require towing a vessel 
                and the towing poses a serious threat to the 
                environment; and
                  (C) in accordance with the plan of the Department of 
                Transportation for disposal of those vessels and 
                requirements under sections 57102 to 57104 of title 46.
          (2) Description of vessels.--The vessels referred to in 
        paragraph (1) are the vessels in the National Defense Reserve 
        Fleet after July 1, 1994, that--
                  (A) are not assigned to the Ready Reserve Force 
                component of the National Defense Reserve Fleet; and
                  (B) are not specifically authorized or required by 
                statute to be used for a particular purpose.

  (d) Treatment of Available Amounts.--Amounts available under this 
section shall not be considered in any determination of the amounts 
available to the Department of the Interior.

Sec. 308705. Designation of America's National Maritime Museum

  (a) In General.--America's National Maritime Museum shall be composed 
of the museums designated by law to be museums of America's National 
Maritime Museum on the basis that the museums--
          (1) house a collection of maritime artifacts clearly 
        representing the Nation's maritime heritage; and
          (2) provide outreach programs to educate the public about the 
        Nation's maritime heritage.

  (b) Initial Designation.--The following museums (meeting the criteria 
specified in subsection (a)) are designated as museums of America's 
National Maritime Museum:

[[Page 128 STAT. 3243]]

          (1) The Mariners' Museum, located at 100 Museum Drive, Newport 
        News, Virginia.
          (2) The South Street Seaport Museum, located at 207 Front 
        Street, New York, New York.

  (c) Future Designation of Other Museums Not Precluded.--The 
designation of the museums referred to in subsection (b) as museums of 
America's National Maritime Museum does not preclude the designation by 
law of any other museum that meets the criteria specified in subsection 
(a) as a museum of America's National Maritime Museum.
  (d) Reference to Museums.--Any reference in any law, map, regulation, 
document, paper, or other record of the United States to a museum 
designated by law to be a museum of America's National Maritime Museum 
shall be deemed to be a reference to that museum as a museum of 
America's National Maritime Museum.

Sec. 308706. Regulations

  The Secretary, after consultation with the National Trust, the 
National Conference of State Historic Preservation Officers, and 
appropriate members of the maritime heritage community, shall prescribe 
appropriate guidelines, procedures, and regulations to carry out the 
chapter, including direct grant and subgrant priorities, the method of 
solicitation and review of direct grant and subgrant proposals, criteria 
for review of direct grant and subgrant proposals, administrative 
requirements, reporting and recordkeeping requirements, and any other 
requirements the Secretary considers appropriate.

Sec. 308707. Applicability of other authorities

  The authorities contained in this chapter shall be in addition to, and 
shall not be construed to supersede or modify those contained in 
division A of this subtitle.

             Chapter 3089--Save America's Treasures Program

Sec.
308901.  Definitions.
308902.  Establishment.
308903.  Grants.
308904.  Guidelines and regulations.
308905.  Authorization of appropriations.

Sec. 308901. Definitions

  In this chapter:
          (1) Collection.--The term ``collection'' means a collection of 
        intellectual and cultural artifacts, including documents, 
        sculpture, and works of art.
          (2) Eligible entity.--The term ``eligible entity'' means a 
        Federal entity, State, local, or tribal government, educational 
        institution, or nonprofit organization.
          (3) Historic property.--The term ``historic property'' has the 
        meaning given the term in section 300308 of this title.
          (4) Nationally significant.--The term ``nationally 
        significant'', in reference to a collection or historic 
        property, means a collection or historic property that meets the 
        applicable criteria for national significance, in accordance 
        with regulations

[[Page 128 STAT. 3244]]

        promulgated by the Secretary pursuant to section 302103 of this 
        title.
          (5) Program.--The term ``program'' means the Save America's 
        Treasures Program established under section 308902(a) of this 
        title.
          (6) Secretary.--The term ``Secretary'' means the Secretary, 
        acting through the Director.

Sec. 308902.  Establishment

  (a) In General.--There is established in the Department of the 
Interior the Save America's Treasures Program.
  (b) Participants.--In consultation and partnership with the National 
Endowment for the Arts, the National Endowment for the Humanities, the 
Institute of Museum and Library Services, the National Trust for 
Historic Preservation in the United States, the National Conference of 
State Historic Preservation Officers, the National Association of Tribal 
Historic Preservation Officers, and the President's Committee on the 
Arts and the Humanities, the Secretary shall use the amounts made 
available under section 308905 of this title to provide grants to 
eligible entities for projects to preserve nationally significant 
collections and historic property.

Sec. 308903.  Grants

  (a) Determination of Grants.--Of the amounts made available for grants 
under section 308905 of this title, not less than 50 percent shall be 
made available for grants for projects to preserve collections and 
historic property, to be distributed through a competitive grant process 
administered by the Secretary, subject to the selection criteria 
established under subsection (d).
  (b) Application for Grants.--To be considered for a grant under the 
program an eligible entity shall submit to the Secretary an application 
containing such information as the Secretary may require.
  (c) Collections and Historic Property Eligible for Grants.--
          (1) In general.--A collection or historic property shall be 
        provided a grant under the program only if the Secretary 
        determines that the collection or historic property is--
                  (A) nationally significant; and
                  (B) threatened or endangered.
          (2) Eligible collections.--A determination by the Secretary 
        regarding the national significance of a collection under 
        paragraph (1)(A) shall be made in consultation with the 
        organizations described in section 308902(b) of this title, as 
        appropriate.
          (3) Eligible historic property.--To be eligible for a grant 
        under the program, a historic property shall, as of the date of 
        the grant application--
                  (A) be listed on the National Register of Historic 
                Places at the national level of significance; or
                  (B) be designated as a National Historic Landmark.

  (d) Selection Criteria.--
          (1) In general.--The Secretary shall not provide a grant under 
        this chapter to a project for a collection or historic property 
        unless the project--
                  (A) eliminates or substantially mitigates the threat 
                of destruction or deterioration of the collection or 
                historic property;

[[Page 128 STAT. 3245]]

                  (B) has a clear public benefit; and
                  (C) is able to be completed on schedule and within the 
                budget described in the grant application.
          (2) Preference.--In providing grants under this chapter, the 
        Secretary may give preference to projects that carry out the 
        purposes of both the program and the Preserve America Program.
          (3) Limitation.--In providing grants under this chapter, the 
        Secretary shall provide only one grant to each project selected 
        for a grant.

  (e) Consultation and Notification by Secretary.--
          (1) Consultation.--
                  (A) In general.--Subject to subparagraph (B), the 
                Secretary shall consult with the organizations described 
                in section 308902(b) of this title in preparing the list 
                of projects to be provided grants for a fiscal year 
                under the program.
                  (B) Limitation.--If an organization described in 
                section 308902(b) of this title has submitted an 
                application for a grant under the program, the 
                organization shall be recused by the Secretary from the 
                consultation requirements under subparagraph (A) and 
                section 308902(b) of this title.
          (2) Notification.--Not later than 30 days before the date on 
        which the Secretary provides grants for a fiscal year under the 
        program, the Secretary shall submit to the Committee on Energy 
        and Natural Resources and Committee on Appropriations of the 
        Senate and the Committee on Natural Resources and Committee on 
        Appropriations of the House of Representatives a list of any 
        eligible projects that are to be provided grants under the 
        program for the fiscal year.

  (f) Cost-Sharing Requirement.--
          (1) In general.--The non-Federal share of the cost of carrying 
        out a project provided a grant under this chapter shall be not 
        less than 50 percent of the total cost of the project.
          (2) Form of non-federal share.--The non-Federal share required 
        under paragraph (1) shall be in the form of--
                  (A) cash; or
                  (B) donated supplies or related services, the value of 
                which shall be determined by the Secretary.
          (3) Requirement.--The Secretary shall ensure that each 
        applicant for a grant has the capacity and a feasible plan for 
        securing the non-Federal share for an eligible project required 
        under paragraph (1) before a grant is provided to the eligible 
        project under the program.

Sec. 308904. Guidelines and regulations

  The Secretary shall develop any guidelines and prescribe any 
regulations that the Secretary determines to be necessary to carry out 
this chapter.

Sec. 308905. Authorization of appropriations

  There is authorized to be appropriated to carry out this chapter 
$50,000,000 for each fiscal year, to remain available until expended.

[[Page 128 STAT. 3246]]

            Chapter 3091--Commemoration of Former Presidents

Sec.
309101.  Sites and structures that commemorate former Presidents.

Sec. 309101. Sites and structures that commemorate former Presidents

  (a) Survey.--The Secretary may conduct a survey of sites that the 
Secretary considers exhibit qualities most appropriate for the 
commemoration of each former President. The survey may--
          (1) include sites associated with the deeds, leadership, or 
        lifework of a former President; and
          (2) identify sites or structures historically unrelated to a 
        former President but that may be suitable as a memorial to honor 
        that President.

  (b) Reports.--The Secretary shall, from time to time, prepare and 
transmit to the Committee on Natural Resources of the House of 
Representatives and the Committee on Energy and Natural Resources of the 
Senate reports on individual sites and structures identified in a survey 
under subsection (a), together with the Secretary's recommendation as to 
whether the site or structure is suitable for establishment as a 
national historic site or national memorial to commemorate a former 
President. Each report shall include pertinent information with respect 
to the need for acquisition of land and interests in land, the 
development of facilities, and the operation and maintenance of the site 
or structure and the estimated cost of the operation and maintenance.
  (c) Establishment as National Historic Site.--If during the 6-month 
period following the transmittal of a report pursuant to subsection (b) 
neither Committee has by vote of a majority of its members disapproved a 
recommendation of the Secretary that a site or structure is suitable for 
establishment as a national historic site, the Secretary may by 
appropriate order establish the site or structure as a national historic 
site, including the land and interests in land identified in the report 
accompanying the recommendation of the Secretary.
  (d) Acquistion of Land and Interests in Land.--The Secretary may 
acquire the land and interests in land by donation, purchase with 
donated or appropriated funds, transfer from any other Federal agency, 
or exchange.
  (e) Effect of Section.--Nothing in this section shall be construed as 
diminishing the authority of the Secretary under chapter 3201 of this 
title or as authorizing the Secretary to establish any national 
memorial, creation of which is expressly reserved to Congress.

     Subdivision 2--Administered Jointly With National Park Service

                 Chapter 3111--Preserve America Program

Sec.
311101.  Definitions.
311102.  Establishment.

[[Page 128 STAT. 3247]]

311103.  Designation of Preserve America Communities.
311104.  Regulations.
311105.  Authorization of appropriations.

Sec. 311101. Definitions

  In this chapter:
          (1) Council.--The term ``Council'' means the Advisory Council 
        on Historic Preservation.
          (2) Heritage tourism.--The term ``heritage tourism'' means the 
        conduct of activities to attract and accommodate visitors to a 
        site or area based on the unique or special aspects of the 
        history, landscape (including trail systems), and culture of the 
        site or area.
          (3) Program.--The term ``program'' means the Preserve America 
        Program established under section 311102(a).

Sec. 311102. Establishment

  (a) In General.--There is established in the Department of the 
Interior the Preserve America Program, under which the Secretary, in 
partnership with the Council, may provide competitive grants to States, 
local governments (including local governments in the process of 
applying for designation as Preserve America Communities under section 
311103 of this title, Indian tribes, communities designated as Preserve 
America Communities under section 311103 of this title, State historic 
preservation offices, and tribal historic preservation offices to 
support preservation efforts through heritage tourism, education, and 
historic preservation planning activities.
  (b) Eligible Projects.--
          (1) In general.--The following projects shall be eligible for 
        a grant under this chapter:
                  (A) A project for the conduct of--
                        (i) research on, and documentation of, the 
                      history of a community; and
                        (ii) surveys of the historic resources of a 
                      community.
                  (B) An education and interpretation project that 
                conveys the history of a community or site.
                  (C) A planning project (other than building 
                rehabilitation) that advances economic development using 
                heritage tourism and historic preservation.
                  (D) A training project that provides opportunities for 
                professional development in areas that would aid a 
                community in using and promoting its historic resources.
                  (E) A project to support heritage tourism in a 
                Preserve America Community designated under section 
                311103 of this title.
                  (F) Other nonconstruction projects that identify or 
                promote historic properties or provide for the education 
                of the public about historic properties that are 
                consistent with the purposes of this chapter.
          (2) Limitation.--In providing grants under this chapter, the 
        Secretary shall provide only one grant to each eligible project 
        selected for a grant.

  (c) Preference.--In providing grants under this chapter, the Secretary 
may give preference to projects that carry out the purposes of both the 
program and the Save America's Treasures Program.
  (d) Consultation and Notification.--

[[Page 128 STAT. 3248]]

          (1) Consultation.--The Secretary shall consult with the 
        Council in preparing the list of projects to be provided grants 
        for a fiscal year under the program.
          (2) Notification.--Not later than 30 days before the date on 
        which the Secretary provides grants for a fiscal year under the 
        program, the Secretary shall submit to the Committee on Energy 
        and Natural Resources and Committee on Appropriations of the 
        Senate and the Committee on Natural Resources and Committee on 
        Appropriations of the House of Representatives a list of any 
        eligible projects that are to be provided grants under the 
        program for the fiscal year.

  (e) Cost-Sharing Requirement.--
          (1) In general.--The non-Federal share of the cost of carrying 
        out a project provided a grant under this chapter shall be not 
        less than 50 percent of the total cost of the project.
          (2) Form of non-federal share.--The non-Federal share required 
        under paragraph (1) shall be in the form of--
                  (A) cash; or
                  (B) donated supplies and related services, the value 
                of which shall be determined by the Secretary.
          (3) Requirement.--The Secretary shall ensure that each 
        applicant for a grant has the capacity to secure, and a feasible 
        plan for securing, the non-Federal share for an eligible project 
        required under paragraph (1) before a grant is provided to the 
        eligible project under the program.

Sec. 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 Council, in 
consultation with the Secretary, meet criteria required by 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 Council, in consultation with the Secretary, 
shall establish any guidelines that are necessary to carry out this 
section.

Sec. 311104.  Regulations

  The Secretary shall develop any guidelines and issue any regulations 
that the Secretary determines to be necessary to carry out this chapter.

[[Page 128 STAT. 3249]]

Sec. 311105. Authorization of appropriations

  There is authorized to be appropriated to carry out this chapter 
$25,000,000 for each fiscal year, to remain available until expended.

     Subdivision 3--Administered by Other Than National Park Service

  Chapter 3121--National Trust for Historic Preservation in the United 
                                 States

Sec.
312101.  Definitions.
312102.  Establishment and purposes.
312103.  Principal office.
312104.  Board of trustees.
312105.  Powers.
312106.  Consultation with National Park System Advisory Board.

Sec. 312101. Definitions

  In this chapter:
          (1) Board.--The term ``Board'' means the board of trustees of 
        the National Trust.
          (2) National trust.--The term ``National Trust'' means the 
        National Trust for Historic Preservation in the United States 
        established under section 312102 of this title.

Sec. 312102. Establishment and purposes

  (a) Establishment.--To further the policy enunciated in chapter 3201 
of this title, and to facilitate public participation in the 
preservation of sites, buildings, and objects of national significance 
or interest, there is established a charitable, educational, and 
nonprofit corporation to be known as the National Trust for Historic 
Preservation in the United States.
  (b) Purposes.--The purposes of the National Trust shall be to--
          (1) receive donations of sites, buildings, and objects 
        significant in American history and culture;
          (2) preserve and administer the sites, buildings, and objects 
        for public benefit;
          (3) accept, hold, and administer gifts of money, securities, 
        or other property of any character for the purpose of carrying 
        out the preservation program; and
          (4) execute other functions vested in the National Trust by 
        this chapter.

Sec. 312103. Principal office

  The National Trust shall have its principal office in the District of 
Columbia and shall be deemed, for purposes of venue in civil actions, to 
be a resident of the District of Columbia. The National Trust may 
establish offices in other places as it may consider necessary or 
appropriate in the conduct of its business.

Sec. 312104. Board of trustees

  (a) Membership.--The affairs of the National Trust shall be under the 
general direction of a board of trustees composed as follows:
          (1) The Attorney General, the Secretary, and the Director of 
        the National Gallery of Art, ex officio.

[[Page 128 STAT. 3250]]

          (2) Not fewer than 6 general trustees who shall be citizens of 
        the United States.

  (b) Designation of Another Officer.--The Attorney General and the 
Secretary, when it appears desirable in the interest of the conduct of 
the business of the Board and to such extent as they consider it 
advisable, may, by written notice to the National Trust, designate any 
officer of their respective departments to act for them in the discharge 
of their duties as a member of the Board.
  (c) General Trustees.--
          (1) Number and selection.--The number of general trustees 
        shall be fixed by the Board and shall be chosen by the members 
        of the National Trust from its members at any regular meeting of 
        the National Trust.
          (2) Term of office.--The respective terms of office of the 
        general trustees shall be as prescribed by the Board but in no 
        case shall exceed a period of 5 years from the date of election.
          (3) Successor.--A successor to a general trustee shall be 
        chosen in the same manner and shall have a term expiring 5 years 
        from the date of the expiration of the term for which the 
        predecessor was chosen, except that a successor chosen to fill a 
        vacancy occurring prior to the expiration of a term shall be 
        chosen only for the remainder of that term.

  (d) Chairman.--The chairman of the Board shall be elected by a 
majority vote of the members of the Board.
  (e) Compensation and Reimbursement.--No compensation shall be paid to 
the members of the Board for their services as such members, but they 
shall be reimbursed for travel and actual expenses necessarily incurred 
by them in attending board meetings and performing other official duties 
on behalf of the National Trust at the direction of the Board.

Sec. 312105. Powers

  (a) In General.--To the extent necessary to enable it to carry out the 
functions vested in it by this chapter, the National Trust has the 
general powers described in this section.
  (b) Succession.--The National Trust has succession until dissolved by 
Act of Congress, in which event title to the property of the National 
Trust, both real and personal, shall, insofar as consistent with 
existing contractual obligations and subject to all other legally 
enforceable claims or demands by or against the National Trust, pass to 
and become vested in the United States.
  (c) Sue and Be Sued.--The National Trust may sue and be sued in its 
corporate name.
  (d) Corporate Seal.--The National Trust may adopt, alter, and use a 
corporate seal that shall be judicially noticed.
  (e) Constitution, Bylaws, and Regulations.--The National Trust may 
adopt a constitution and prescribe such bylaws and regulations, not 
inconsistent with the laws of the United States or of any State, as it 
considers necessary for the administration of its functions under this 
chapter, including among other matters, bylaws and regulations governing 
visitation to historic properties, administration of corporate funds, 
and the organization and procedure of the Board.
  (f) Personal Property.--The National Trust may accept, hold, and 
administer gifts and bequests of money, securities, or other

[[Page 128 STAT. 3251]]

personal property of any character, absolutely or in trust, for the 
purposes for which the National Trust is created. Unless otherwise 
restricted by the terms of a gift or bequest, the National Trust may 
sell, exchange, or otherwise dispose of, and invest or reinvest in 
investments as it may determine from time to time, the moneys, 
securities, or other property given or bequeathed to it. The principal 
of corporate funds and the income from those funds and all other 
revenues received by the National Trust from any source shall be placed 
in such depositories as the National Trust shall determine and shall be 
subject to expenditure by the National Trust for its corporate purposes.
  (g) Real Property.--The National Trust may acquire by gift, devise, 
purchase, or otherwise, absolutely or in trust, and hold and, unless 
otherwise restricted by the terms of the gift or devise, encumber, 
convey, or otherwise dispose of, any real property, or any estate or 
interest in real property (except property within the exterior 
boundaries of a System unit), as may be necessary and proper in carrying 
into effect the purposes of the National Trust.
  (h) Contracts and Cooperative Agreements Respecting Protection, 
Preservation, Maintenance, or Operation.--The National Trust may 
contract and make cooperative agreements with Federal, State, or local 
agencies, corporations, associations, or individuals, under terms and 
conditions that the National Trust considers advisable, respecting the 
protection, preservation, maintenance, or operation of any historic 
site, building, object, or property used in connection with the site, 
building, object, or property for public use, regardless of whether the 
National Trust has acquired title to the property, or any interest in 
the property.
  (i) Enter Into Contracts and Execute Instruments.--The National Trust 
may enter into contracts generally and execute all instruments necessary 
or appropriate to carry out its corporate purposes, including concession 
contracts, leases, or permits for the use of land, buildings, or other 
property considered desirable either to accommodate the public or to 
facilitate administration.
  (j) Officers, Agents, and Employees.--The National Trust may appoint 
and prescribe the duties of officers, agents, and employees as may be 
necessary to carry out its functions, and fix and pay compensation to 
them for their services as the National Trust may determine.
  (k) Lawful Acts.--The National Trust may generally do any and all 
lawful acts necessary or appropriate to carry out the purposes for which 
the National Trust is created.

Sec. 312106. Consultation with National Park System Advisory Board

  In carrying out its functions under this chapter, the National Trust 
may consult with the National Park System Advisory Board on matters 
relating to the selection of sites, buildings, and objects to be 
preserved and protected pursuant to this chapter.

  Chapter 3123--Commission for the Preservation of America's Heritage 
                                 Abroad

Sec.
312301.  Definition.

[[Page 128 STAT. 3252]]

312302.  Declaration of national interest.
312303.  Establishment.
312304.  Duties and powers; administrative support.
312305.  Reports.

Sec. 312301. Definition

  In this chapter, the term ``Commission'' means the Commission for the 
Preservation of America's Heritage Abroad established under section 
312303 of this title.

Sec. 312302. Declaration of national interest

  Because the fabric of a society is strengthened by visible reminders 
of the historical roots of the society, it is in the national interest 
to encourage the preservation and protection of the cemeteries, 
monuments, and historic buildings associated with the foreign heritage 
of United States citizens.

Sec. 312303. Establishment

  (a) Establishment.--There is established a commission to be known as 
the Commission for the Preservation of America's Heritage Abroad.
  (b) Membership.--The Commission shall consist of 21 members appointed 
by the President, 7 of whom shall be appointed after consultation with 
the Speaker of the House of Representatives and 7 of whom shall be 
appointed after consultation with the President pro tempore of the 
Senate.
  (c) Term.--
          (1) In general.--Except as provided in paragraph (2), a member 
        of the Commission shall be appointed for a term of 3 years.
          (2) Vacancy.--A member appointed to fill a vacancy on the 
        Commission shall serve for the remainder of the term for which 
        the member's predecessor was appointed.
          (3) Member until successor appointed.--A member may retain 
        membership on the Commission until the member's successor has 
        been appointed.

  (d) Chairman.--The President shall designate the Chairman of the 
Commission from among its members.
  (e) Meetings.--The Commission shall meet at least once every 6 months.
  (f) Compensation and Expenses.--
          (1) Compensation.--Members of the Commission shall receive no 
        pay on account of their service on the Commission.
          (2) Expenses.--While away from their homes or regular places 
        of business in the performance of services for the Commission, 
        members of the Commission shall be allowed travel expenses, 
        including per diem in lieu of subsistence, in the same manner as 
        individuals employed intermittently in the Government service 
        are allowed expenses under section 5703 of title 5.

Sec. 312304.  Duties and powers; administrative support

  (a) Duties.--The Commission shall--
          (1) identify and publish a list of cemeteries, monuments, and 
        historic buildings located abroad that are associated with the 
        foreign heritage of United States citizens from eastern and 
        central Europe, particularly cemeteries, monuments, and 
        buildings that are in danger of deterioration or destruction;

[[Page 128 STAT. 3253]]

          (2) encourage the preservation and protection of those 
        cemeteries, monuments, and historic buildings by obtaining, in 
        cooperation with the Secretary of State, assurances from foreign 
        governments that the cemeteries, monuments, and buildings will 
        be preserved and protected; and
          (3) prepare and disseminate reports on the condition of, and 
        the progress toward preserving and protecting, those cemeteries, 
        monuments, and historic buildings.

  (b) Powers.--
          (1) Hold hearings, request attendance, take testimony, and 
        receive evidence.--The Commission or any member it authorizes 
        may, for the purposes of carrying out this chapter, hold such 
        hearings, sit and act at such times and places, request such 
        attendance, take such testimony, and receive such evidence, as 
        the Commission considers appropriate.
          (2) Appoint personnel and fix pay.--The Commission may appoint 
        such personnel (subject to the provisions of title 5 governing 
        appointments in the competitive service) and may fix the pay of 
        such personnel (subject to the provisions of chapter 51 and 
        subchapter III of chapter 53 of title 5), as the Commission 
        considers desirable.
          (3) Procure temporary and intermittent services.--The 
        Commission may procure temporary and intermittent services to 
        the same extent as is authorized by section 3109(b) of title 5, 
        but at rates for individuals not to exceed the daily equivalent 
        of the maximum annual rate of basic pay then in effect under 
        section 5376 of title 5.
          (4) Detail personnel to commisison.--On request of the 
        Commission, the head of any Federal department or agency, 
        including the Secretary of State, may detail, on a reimbursable 
        basis, any of the personnel of that department or agency to the 
        Commission to assist it in carrying out its duties under this 
        chapter.
          (5) Secure information.--The Commission may secure directly 
        from any department or agency of the United States, including 
        the Department of State, any information necessary to enable it 
        to carry out this chapter. On the request of the Chairman of the 
        Commission, the head of the department or agency shall furnish 
        the information to the Commission.
          (6) Gifts or donations.--The Commission may accept, use, and 
        dispose of gifts or donations of money or property.
          (7) Use of mails.--The Commission may use the United States 
        mails in the same manner and on the same conditions as other 
        departments and agencies of the United States.

  (c) Administrative Support.--The Administrator of General Services 
shall provide to the Commission on a reimbursable basis administrative 
support services as the Commission may request.

Sec. 312305. Reports

  As soon as practicable after the end of each fiscal year, the 
Commission shall transmit to the President a report that includes--
          (1) a detailed statement of the activities and accomplishments 
        of the Commission during the fiscal year; and
          (2) any recommendations of the Commission for legislation and 
        administrative actions.

[[Page 128 STAT. 3254]]

     Chapter 3125--Preservation of Historical and Archeological Data

Sec.
312501.  Definition.
312502.  Threat of irreparable loss or destruction of significant 
           scientific, prehistorical, historical, or archeological data 
           by Federal construction projects.
312503.  Survey and recovery by Secretary.
312504.  Progress reports by Secretary on surveys and work undertaken as 
           result of surveys.
312505.  Notice of dam construction.
312506.  Administration.
312507.  Assistance to Secretary by Federal agencies responsible for 
           construction projects.
312508.  Costs for identification, surveys, evaluation, and data 
           recovery with respect to historic property.

Sec. 312501. Definition

  In this chapter, the term ``State'' includes a State, the District of 
Columbia, Puerto Rico, Guam, American Samoa, the Virgin Islands, and the 
Northern Mariana Islands.

Sec. 312502. Threat of irreparable loss or destruction of significant 
                        scientific, prehistorical, historical, or 
                        archeological data by Federal construction 
                        projects

  (a) Activity of Federal Agency.--
          (1) Notification of secretary.--When any Federal agency finds, 
        or is notified, in writing, by an appropriate historical or 
        archeological authority, that its activities in connection with 
        any Federal construction project or federally licensed project, 
        activity, or program may cause irreparable loss or destruction 
        of significant scientific, prehistorical, historical, or 
        archeological data, the agency shall notify the Secretary, in 
        writing, and shall provide the Secretary with appropriate 
        information concerning the project, program, or activity.
          (2) Recovery, protection, and preservation of data.--The 
        agency--
                  (A) may request the Secretary to undertake the 
                recovery, protection, and preservation of the data 
                (including preliminary survey, or other investigation as 
                needed, and analysis and publication of the reports 
                resulting from the investigation); or
                  (B) may, with funds appropriated for the project, 
                program, or activity, undertake those activities.
          (3) Availability of reports.--Copies of reports of any 
        investigations made pursuant to this section shall be submitted 
        to the Secretary, who shall make them available to the public 
        for inspection and review.

  (b) Activity of Private Person, Association, or Public Entity.--
          (1) Recovery by secretary.--When any Federal agency provides 
        financial assistance by loan, grant, or otherwise to any private 
        person, association, or public entity, the Secretary, if the 
        Secretary determines that significant scientific, prehistorical, 
        historical, or archeological data might be irrevocably lost or 
        destroyed, may, with funds appropriated expressly for this 
        purpose--

[[Page 128 STAT. 3255]]

                  (A) conduct, with the consent of all persons, 
                associations, or public entities having a legal interest 
                in the property, a survey of the affected site; and
                  (B) undertake the recovery, protection, and 
                preservation of the data (including analysis and 
                publication).
          (2) Compensation.--The Secretary shall, unless otherwise 
        agreed to in writing, compensate any person, association, or 
        public entity damaged as a result of delays in construction or 
        as a result of the temporary loss of the use of private or any 
        nonfederally owned land.

Sec. 312503. Survey and recovery by Secretary

  (a) In General.--The Secretary, on notification, in writing, by any 
Federal or State agency or appropriate historical or archeological 
authority that scientific, prehistorical, historical, or archeological 
data are being or may be irrevocably lost or destroyed by any Federal or 
federally assisted or licensed project, activity, or program, shall, if 
the Secretary determines that the data are significant and are being or 
may be irrevocably lost or destroyed and after reasonable notice to the 
agency responsible for funding or licensing the project, activity, or 
program--
          (1) conduct or cause to be conducted a survey and other 
        investigation of the areas that are or may be affected; and
          (2) recover and preserve the data (including analysis and 
        publication) that, in the opinion of the Secretary, are not 
        being, but should be, recovered and preserved in the public 
        interest.

  (b) When Survey or Recovery Not Required.--No survey or recovery work 
shall be required pursuant to this section that, in the determination of 
the head of the responsible agency, would impede Federal or federally 
assisted or licensed projects or activities undertaken in connection 
with any emergency, including projects or activities undertaken in 
anticipation of, or as a result of, a natural disaster.
  (c) Initiation of Survey.--The Secretary shall initiate the survey or 
recovery effort within--
          (1) 60 days after notification pursuant to subsection (a); or
          (2) such time as may be agreed on with the head of the agency 
        responsible for funding or licensing the project, activity, or 
        program in all other cases.

  (d) Compensation by Secretary.--The Secretary shall, unless otherwise 
agreed to in writing, compensate any person, association, or public 
entity damaged as a result of delays in construction or as a result of 
the temporary loss of the use of private or nonfederally owned land.

Sec. 312504. Progress reports by Secretary on surveys and work 
                        undertaken as result of surveys

  (a) Progress Reports to Funding or Licensing Agency.--The Secretary 
shall keep the agency responsible for funding or licensing the project 
notified at all times of the progress of any survey made under this 
chapter or of any work undertaken as a result of a survey, in order that 
there will be as little disruption or delay as possible in the carrying 
out of the functions of the agency. The survey and recovery programs 
shall terminate at a time agreed on by the Secretary and the head of the 
agency unless extended by agreement.

[[Page 128 STAT. 3256]]

  (b) Disposition of Relics and Specimens.--The Secretary shall consult 
with any interested Federal and State agencies, educational and 
scientific organizations, private institutions, and qualified 
individuals, with a view to determining the ownership of, and the most 
appropriate repository for, any relics and specimens recovered as a 
result of any work performed as provided for in this section.
  (c) Coordination of Activities.--The Secretary shall coordinate all 
Federal survey and recovery activities authorized under this chapter.

Sec. 312505. Notice of dam construction

  (a) In General.--Before any Federal agency undertakes the construction 
of a dam, or issues a license to any private individual or corporation 
for the construction of a dam, it shall give written notice to the 
Secretary setting forth the site of the proposed dam and the approximate 
area to be flooded and otherwise changed if construction is undertaken.
  (b) Dams With Certain Detention Capacity or Reservoir.--With respect 
to any flood water retarding dam that provides fewer than 5,000 acre-
feet of detention capacity, and with respect to any other type of dam 
that creates a reservoir of fewer than 40 surface acres, this section 
shall apply only when the constructing agency, in its preliminary 
surveys, finds or is presented with evidence that historical or 
archeological materials exist or may be present in the proposed 
reservoir area.

Sec. 312506. Administration

  In the administration of this chapter, the Secretary may--
          (1) enter into contracts or make cooperative agreements with 
        any Federal or State agency, educational or scientific 
        organization, or institution, corporation, association, or 
        qualified individual;
          (2) obtain the services of experts and consultants or 
        organizations of experts and consultants in accordance with 
        section 3109 of title 5; and
          (3) accept and utilize funds made available for salvage 
        archeological purposes by any private person or corporation or 
        transferred to the Secretary by any Federal agency.

Sec. 312507. Assistance to Secretary by Federal agencies responsible for 
                        construction projects

  (a) Assistance of Federal Agencies.--To carry out this chapter, any 
Federal agency responsible for a construction project may assist the 
Secretary or may transfer to the Secretary funds as may be agreed on, 
but not more than 1 percent of the total amount authorized to be 
appropriated for the project, except that the 1 percent limitation under 
this section shall not apply if the cost of the project is $50,000 or 
less. The costs of the survey, recovery, analysis, and publication shall 
be deemed nonreimbursable project costs.
  (b) Availability of Appropriations.--Amounts appropriated for purposes 
of this section shall remain available until expended.

Sec. 312508. Costs for identification, surveys, evaluation, and data 
                        recovery with respect to historic property

  Notwithstanding section 312507(a) of this title or any other provision 
of law--

[[Page 128 STAT. 3257]]

          (1) identification, surveys, and evaluation carried out with 
        respect to historic property within project areas may be treated 
        for purposes of any law or rule of law as planning costs of the 
        project and not as costs of mitigation;
          (2) reasonable costs for identification, surveys, evaluation, 
        and data recovery carried out with respect to historic property 
        within project areas may be charged to Federal licensees and 
        permittees as a condition to the issuance of the license or 
        permit; and
          (3) Federal agencies, with the concurrence of the Secretary 
        and after notification of the Committee on Natural Resources of 
        the House of Representatives and the Committee on Energy and 
        Natural Resources of the Senate, may waive, in appropriate 
        cases, the 1 percent limitation under section 312507(a) of this 
        title.

                    Division C--American Antiquities

           Chapter 3201--Policy and Administrative Provisions

Sec.
320101.  Declaration of national policy.
320102.  Powers and duties of Secretary.
320103.  Cooperation with governmental and private agencies and 
           individuals.
320104.  Jurisdiction of States in acquired land.
320105.  Criminal penalties.
320106.  Limitation on obligation or expenditure of appropriated 
           amounts.

Sec. 320101. Declaration of national policy

  It is declared that it is a national policy to preserve for public use 
historic sites, buildings, and objects of national significance for the 
inspiration and benefit of the people of the United States.

Sec. 320102. Powers and duties of Secretary

  (a) In General.--The Secretary, acting through the Director, for the 
purpose of effectuating the policy expressed in section 320101 of this 
title, has the powers and shall perform the duties set out in this 
section.
  (b) Preservation of Data.--The Secretary shall secure, collate, and 
preserve drawings, plans, photographs, and other data of historic and 
archeologic sites, buildings, and objects.
  (c) Survey.--The Secretary shall make a survey of historic and 
archeologic sites, buildings, and objects for the purpose of determining 
which possess exceptional value as commemorating or illustrating the 
history of the United States.
  (d) Investigations and Researches.--The Secretary shall make necessary 
investigations and researches in the United States relating to 
particular sites, buildings, and objects to obtain accurate historical 
and archeological facts and information concerning the sites, buildings, 
and objects.
  (e) Acquisition of Property.--The Secretary may, for the purpose of 
this chapter, acquire in the name of the United States by gift, 
purchase, or otherwise any property, personal or real, or any interest 
or estate in property, title to any real property to be satisfactory to 
the Secretary. Property that is owned by any religious or educational 
institution or that is owned or administered

[[Page 128 STAT. 3258]]

for the benefit of the public shall not be acquired without the consent 
of the owner. No property shall be acquired or contract or agreement for 
the acquisition of the property made that will obligate the general fund 
of the Treasury for the payment of the property, unless Congress has 
appropriated money that is available for that purpose.
  (f) Contracts and Cooperative Agreements.--The Secretary may contract 
and make cooperative agreements with States, municipal subdivisions, 
corporations, associations, or individuals, with proper bond where 
considered advisable, to protect, preserve, maintain, or operate any 
historic or archeologic building, site, or object, or property used in 
connection with the building, site, or object, for public use, 
regardless whether the title to the building, site, object, or property 
is in the United States. No contract or cooperative agreement shall be 
made or entered into that will obligate the general fund of the Treasury 
unless or until Congress has appropriated money for that purpose.
  (g) Protection of Sites, Buildings, Objects, and Property.--The 
Secretary shall restore, reconstruct, rehabilitate, preserve, and 
maintain historic or prehistoric sites, buildings, objects, and property 
of national historical or archeological significance and where 
considered desirable establish and maintain museums in connection with 
the sites, buildings, objects, and property.
  (h) Tablets To Mark or Commemorate Places and Events.--The Secretary 
shall erect and maintain tablets to mark or commemorate historic or 
prehistoric places and events of national historical or archeological 
significance.
  (i) Operation for Benefit of Public.--The Secretary may operate and 
manage historic and archeologic sites, buildings, and property acquired 
under this chapter together with land and subordinate buildings for the 
benefit of the public and may charge reasonable visitation fees and 
grant concessions, leases, or permits for the use of land, building 
space, roads, or trails when necessary or desirable either to 
accommodate the public or to facilitate administration. The Secretary 
may grant those concessions, leases, or permits and enter into contracts 
relating to the contracts, leases, or permits with responsible persons, 
firms, or corporations without advertising and without securing 
competitive bids.
  (j) Corporation To Carry Out Duties.--When the Secretary determines 
that it would be administratively burdensome to restore, reconstruct, 
operate, or maintain any particular historic or archeologic site, 
building, or property donated to the United States through the Service, 
the Secretary may cause the restoration, reconstruction, operation, or 
maintenance to be done by organizing a corporation for that purpose 
under the laws of the District of Columbia or any State.
  (k) Educational Program and Service.--The Secretary shall develop an 
educational program and service for the purpose of making available to 
the public information pertaining to American historic and archeologic 
sites, buildings, and properties of national significance. Reasonable 
charges may be made for the dissemination of any such information.
  (l) Actions and Regulations Necessary To Carry Out Chapter.--The 
Secretary shall perform any and all acts and make regulations not 
inconsistent with this chapter that may be necessary and proper to carry 
out this chapter.

[[Page 128 STAT. 3259]]

Sec. 320103. Cooperation with governmental and private agencies and 
                        individuals

  (a) Authorization of Secretary.--The Secretary may cooperate with and 
may seek and accept the assistance of any Federal, State, or local 
agency, educational or scientific institution, patriotic association, or 
individual.
  (b) Technical Advisory Committees.--When the Secretary considers it 
necessary, the Secretary may establish technical advisory committees to 
act in an advisory capacity in connection with the restoration or 
reconstruction of any historic or prehistoric building or other 
structure.
  (c) Employment of Assistance.--The Secretary may employ professional 
and technical assistance and establish service as may be required to 
accomplish the purposes of this chapter and for which money may be 
appropriated by Congress or made available by gifts for those purposes.

Sec. 320104. Jurisdiction of States in acquired land

  Nothing in this chapter shall be held to deprive any State, or 
political subdivision of a State, of its civil and criminal jurisdiction 
in and over land acquired by the United States under this chapter.

Sec. 320105. Criminal penalties

  Criminal penalties for a violation of a regulation authorized by this 
chapter are provided by section 1866 of title 18.

Sec. 320106. Limitation on obligation or expenditure of appropriated 
                        amounts

  Notwithstanding any other provision of law, no funds appropriated or 
otherwise made available to the Secretary to carry out subsection (f) or 
(g) of section 320102 of this title may be obligated or expended--
          (1) unless the appropriation of the funds has been 
        specifically authorized by law enacted on or after October 30, 
        1992; or
          (2) in excess of the amount prescribed by law enacted on or 
        after October 30, 1992.

     Chapter 3203--Monuments, Ruins, Sites, and Objects of Antiquity

Sec.
320301.  National monuments.
320302.  Permits.
320303.  Regulations.

Sec. 320301. National monuments

  (a) Presidential Declaration.--The President may, in the President's 
discretion, declare by public proclamation historic landmarks, historic 
and prehistoric structures, and other objects of historic or scientific 
interest that are situated on land owned or controlled by the Federal 
Government to be national monuments.
  (b) Reservation of Land.--The President may reserve parcels of land as 
a part of the national monuments. The limits of the parcels shall be 
confined to the smallest area compatible with the proper care and 
management of the objects to be protected.
  (c) Relinquishment to Federal Government.--When an object is situated 
on a parcel covered by a bona fide unperfected claim

[[Page 128 STAT. 3260]]

or held in private ownership, the parcel, or so much of the parcel as 
may be necessary for the proper care and management of the object, may 
be relinquished to the Federal Government and the Secretary may accept 
the relinquishment of the parcel on behalf of the Federal Government.
  (d) Limitation on Extension or Establishment of National Monuments in 
Wyoming.--No extension or establishment of national monuments in Wyoming 
may be undertaken except by express authorization of Congress.

Sec. 320302. Permits

  (a) Authority To Grant Permit.--The Secretary, the Secretary of 
Agriculture, or the Secretary of the Army may grant a permit for the 
examination of ruins, the excavation of archeological sites, and the 
gathering of objects of antiquity on land under their respective 
jurisdictions to an institution that the Secretary concerned considers 
properly qualified to conduct the examination, excavation, or gathering, 
subject to such regulations as the Secretary concerned may prescribe.
  (b) Purpose of Examination, Excavation, or Gathering.--A permit may be 
granted only if--
          (1) the examination, excavation, or gathering is undertaken 
        for the benefit of a reputable museum, university, college, or 
        other recognized scientific or educational institution, with a 
        view to increasing the knowledge of the objects; and
          (2) the gathering shall be made for permanent preservation in 
        a public museum.

Sec. 320303. Regulations

  The Secretary, the Secretary of Agriculture, and the Secretary of the 
Army shall make and publish uniform regulations for the purpose of 
carrying out this chapter.

SEC. 4. CONFORMING AMENDMENTS.

  (a)  Title 18.--
          (1) In general.--Chapter 91 of title 18, United States Code, 
        is amended by adding at the end the following:

``Sec. 1865. National Park Service

  ``(a) Violation of Regulations Relating to Use and Management of 
National Park System Units.--A person that violates any regulation 
authorized by section 100751(a) of title 54 shall be imprisoned not more 
than 6 months, fined under this title, or both, and be adjudged to pay 
all cost of the proceedings.
  ``(b) Financial Disclosure by Officers or Employees Performing 
Functions or Duties Under Subchapter III of Chapter 1007 of Title 54.--
An officer or employee of the Department of the Interior who is subject 
to, and knowingly violates, section 100737 of title 54 or any regulation 
prescribed under that section shall be imprisoned not more than one 
year, fined under this title, or both.
  ``(c) Offenses Relating to Structures and Vegetation.--A person that 
willfully destroys, mutilates, defaces, injures, or removes any 
monument, statue, marker, guidepost, or other structure, or that 
willfully destroys, cuts, breaks, injures, or removes any tree, shrub, 
or plant within a national military park shall be imprisoned not less 
than 15 days nor more than one year, fined under this title but not less 
than $10 for each monument,

[[Page 128 STAT. 3261]]

statue, marker, guidepost, or other structure, tree, shrub, or plant 
that is destroyed, defaced, injured, cut, or removed, or both.
  ``(d) Trespassing in a National Military Park To Hunt or Shoot.--An 
individual who trespasses in a national military park to hunt or shoot, 
or hunts game of any kind in a national military park with a gun or dog, 
or sets a trap or net or other device in a national military park to 
hunt or catch game of any kind, shall be imprisoned not less than 5 nor 
more than 30 days, fined under this title, or both.

``Sec. 1866. Historic, archeologic, or prehistoric items and antiquities

  ``(a) Violation of Regulations Authorized by Chapter 3201 of Title 
54.--A person that violates any of the regulations authorized by chapter 
3201 of title 54 shall be fined under this title and be adjudged to pay 
all cost of the proceedings.
  ``(b) Appropriation of, Injury to, or Destruction of Historic or 
Prehistoric Ruin or Monument or Object of Antiquity.--A person that 
appropriates, excavates, injures, or destroys any historic or 
prehistoric ruin or monument or any other object of antiquity that is 
situated on land owned or controlled by the Federal Government without 
the permission of the head of the Federal agency having jurisdiction 
over the land on which the object is situated, shall be imprisoned not 
more than 90 days, fined under this title, or both.''.
          (2) Table of contents.--The table of contents of chapter 91 of 
        title 18, United States Code, <<NOTE: 18 USC prec. 1851.>> is 
        amended by adding at the end the following:

``1865.  National Park Service.
``1866.  Historic, archeologic, or prehistoric items and antiquities.''.

  (b)  Title 28.--
          (1) In general.--Part VI of title 28, United States <<NOTE: 28 
        USC prec. 5001.>> Code, is amended by adding at the end the 
        following:

                      ``CHAPTER 190--MISCELLANEOUS

``Sec.
``5001.  Civil action for death or personal injury in a place subject to 
           exclusive jurisdiction of United States.

``Sec. 5001. Civil action for death or personal injury in a place 
                        subject to exclusive jurisdiction of United 
                        States

  ``(a) Death.--In the case of the death of an individual by the neglect 
or wrongful act of another in a place subject to the exclusive 
jurisdiction of the United States within a State, a right of action 
shall exist as though the place were under the jurisdiction of the State 
in which the place is located.
  ``(b) Personal Injury.--In a civil action brought to recover on 
account of an injury sustained in a place described in subsection (a), 
the rights of the parties shall be governed by the law of the State in 
which the place is located.''.
          (2) Table of contents.--The table of contents of part VI of 
        title 28, United States Code, is amended by adding at the end 
        the following:

            Miscellaneous                                        5001''.

  (c) Act of May 26, 2000.--Section 1 of Public Law 106-206 (114 Stat. 
314) <<NOTE: 16 USC 460l-6d.>> is amended to read as follows:

[[Page 128 STAT. 3262]]

``SECTION 1. COMMERCIAL FILMING.

  ``(a) Commercial Filming Fee.--
          ``(1) In general.--The Secretary of the Interior or the 
        Secretary of Agriculture (hereafter individually referred to as 
        the `Secretary' with respect to land (except land in a System 
        unit as defined in section 100102 of title 54, United States 
        Code) under their respective jurisdictions) shall require a 
        permit and shall establish a reasonable fee for commercial 
        filming activities or similar projects on Federal land 
        administered by the Secretary. The fee shall provide a fair 
        return to the United States and shall be based on the following 
        criteria:
                  ``(A) The number of days the filming activity or 
                similar project takes place on Federal land under the 
                Secretary's jurisdiction.
                  ``(B) The size of the film crew present on Federal 
                land under the Secretary's jurisdiction.
                  ``(C) The amount and type of equipment present.
          ``(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 project, 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 nor assess a fee for still 
        photography on land administered by the Secretary if such 
        photography takes place where members of the public are 
        generally allowed. The Secretary may require a permit, fee, or 
        both, if such 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 
        establish a reasonable fee for still photography that uses 
        models or props which 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 Secretary 
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 
        available for expenditure by the Secretary, without further 
        appropriation 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.''.

[[Page 128 STAT. 3263]]

  (d) Public Law 111-24.--Section 512 of Public Law 111-24 (123 Stat. 
1764) <<NOTE: 16 USC 1a-7b.>> is amended to read as follows:

       ``SEC. 512. PROTECTION OF RIGHT OF INDIVIDUALS TO BEAR ARMS

  ``(a) Congressional Findings.--Congress finds the following:
          ``(1) The 2d amendment to the Constitution provides that `the 
        right of the people to keep and bear Arms, shall not be 
        infringed'.
          ``(2) Section 27.42 of title 50, Code of Federal Regulations, 
        provides that, except in special circumstances, citizens of the 
        United States may not `possess, use, or transport firearms on 
        national wildlife refuges' of the United States Fish and 
        Wildlife Service.
          ``(3) The regulations described in paragraph (2) prevent 
        individuals complying with Federal and State laws from 
        exercising the 2d amendment rights of the individuals while at 
        units of the National Wildlife Refuge System.
          ``(4) The existence of different laws relating to the 
        transportation and possession of firearms at different units of 
        the National Wildlife Refuge System entrapped law-abiding gun 
        owners while at units of the National Wildlife Refuge System.
          ``(5) Although the Bush administration issued new regulations 
        relating to the 2d amendment rights of law-abiding citizens in 
        units of the National Wildlife Refuge System that went into 
        effect on January 9, 2009--
                  ``(A) on March 19, 2009, the United States District 
                Court for the District of Columbia granted a preliminary 
                injunction with respect to the implementation and 
                enforcement of the new regulations; and
                  ``(B) the new regulations--
                        ``(i) are under review by the Obama 
                      administration; and
                        ``(ii) may be altered.
          ``(6) Congress needs to weigh in on the new regulations to 
        ensure that unelected bureaucrats and judges cannot again 
        override the 2d amendment rights of law-abiding citizens on 
        90,790,000 acres of land under the jurisdiction of the United 
        States Fish and Wildlife Service.
          ``(7) Federal laws should make it clear that the 2d amendment 
        rights of an individual at a unit of the National Wildlife 
        Refuge System should not be infringed.

  ``(b) Protection of Right of Individuals To Bear arms in Units of the 
National Wildlife Refuge System.--The Secretary shall not promulgate or 
enforce any regulation that prohibits an individual from possessing a 
firearm, including an assembled or functional firearm, in any unit of 
the National Wildlife Refuge System if--
          ``(1) the individual is not otherwise prohibited by law from 
        possessing the firearm; and
          ``(2) the possession of the firearm is in compliance with the 
        law of the State in which the unit of the National Wildlife 
        Refuge System is located.''.

SEC. 5. CONFORMING CROSS-REFERENCES.

  (a) Title 7, United States Code.--Section 32(e) of the Bankhead-Jones 
Farm Tenant Act (7 U.S.C. 1011(e)) is amended

[[Page 128 STAT. 3264]]

by striking ``the Land and Water Conservation Fund Act of 1965 (78 Stat. 
897)'' and substituting ``chapter 2003 of title 54, United States 
Code''.
  (b) Title 10, United States Code.--Section 2684(c)(1) of title 10, 
United States Code, is amended by striking ``section 101(a) of the 
National Historic Preservation Act (16 U.S.C. 470a(a))'' and 
substituting ``section 2023.01 of title 54''.
  (c) Title 15, United States Code.--Section 1072(a)(3)(D) of the Alaska 
Natural Gas Pipeline Act (15 U.S.C. 720(a)(3)(D)) is amended by striking 
``the National Historic Preservation Act (16 U.S.C. 470 et seq.)'' and 
substituting ``chapter 2003 of title 54, United States Code''.
  (d) Title 16, United States Code.--
          (1) Section 6 of Public Law 89-72 (16 U.S.C. 460l-17) is 
        amended--
                  (A) in subsection (a), by striking ``subsection 5(d) 
                of the Land and Water Conservation Fund Act of 1965 (78 
                Stat. 897)'' and substituting ``section 200305(d) of 
                title 54, United States Code''; and
                  (B) in subsection (g), by striking ``Subsection 
                6(a)(2) of the Land and Water Development Fund Act of 
                1965 (78 Stat. 897)'' and substituting ``section 
                200306(a)(3) of title 54, United States Code,''.
          (2) Section 8 of Public Law 90-540 (16 U.S.C. 460v-7) is 
        amended by striking ``section 6 of the Act of September 3, 1964 
        (78 Stat. 897, 903)'' and substituting ``section 200306 of title 
        54, United States Code''.
          (3) Section 7(c) of the Springs Mountain National Recreation 
        Area Act (16 U.S.C. 460hhh-5(c)) is amended by striking 
        ``section 7 of the Land and Water Conservation Fund Act of 1965 
        (16 U.S.C. 460l-9)'' and substituting ``section 100506 of title 
        54, United States Code''.
          (4) Section 5(b) of Public Law 103-64 (16 U.S.C. 460iii-4(b)) 
        is amended by striking ``section 7(a) of the Land and Water 
        Conservation Fund Act of 1964 (16 U.S.C. 460l-9(a))'' and 
        substituting ``section 200306(a) of title 54, United States 
        Code''.
          (5) Section 702(a) of the Steens Mountain Cooperative 
        Management and Protection Act of 2000 (16 U.S.C. 460nnn-122(a)) 
        is amended by striking ``section 2 of the Land and Water 
        Conservation Fund Act of 1965 (16 U.S.C. 460l-5)'' and 
        substituting ``section 200302 of title 54, United States 
        Code,''.
          (6) Section 4 of the Archaeological Resources Protection Act 
        of 1979 (16 U.S.C. 470cc) is amended--
                  (A) in subsection (h)--
                        (i) in paragraph (1), by striking ``the Act of 
                      June 8, 1906 (16 U.S.C. 431-433)'' and 
                      substituting ``chapter 3203 of title 54, United 
                      States Code''; and
                        (ii) in paragraph (2), by striking ``the Act of 
                      June 8, 1906'' each place it appears and 
                      substituting ``chapter 3203 of title 54, United 
                      States Code''; and
                  (B) in subsection (i), by striking ``section 106 of 
                the Act of October 15, 1966 (80 Stat. 917, 16 U.S.C. 
                470f)'' and substituting ``section 306108 of title 54, 
                United States Code''.
          (7) Section 5 of the Archaeological Resources Protection Act 
        of 1979 (16 U.S.C. 470dd) is amended by striking ``the Act

[[Page 128 STAT. 3265]]

        of June 27, 1960 (16 U.S.C. 469-469c) or the Act of June 8, 1906 
        (16 U.S.C. 431-433)'' and substituting ``chapter 3125 or chapter 
        3203 of title 54, United States Code''.
          (8) Section 9(a)(2) of the Archaeological Resources Protection 
        Act of 1979 (16 U.S.C. 470hh(a)(2)) is amended by striking ``the 
        Act of June 27, 1960 (16 U.S.C. 469-469c)'' and substituting 
        ``chapter 3125 of title 54, United States Code''.
          (9) Section 6311(1) of the Omnibus Public Land Management Act 
        of 2009 (16 U.S.C. 470aaa-10(1)) is amended by striking ``Public 
        Law 94-429 (commonly known as the `Mining in the Parks Act' (16 
        U.S.C. 1901 et seq.)'' and substituting ``subchapter 3 of 
        chapter 1007 of title 54, United States Code''.
          (10) Section 502(h)(1)(B) of the National Parks and Recreation 
        Act of 1998 (16 U.S.C. 471i(h)(1)(B)) is amended by striking 
        ``the Land and Water Conservation Fund Act'' and substituting 
        ``chapter 2003 of title 54, United States Code''.
          (11) Section 339(f)(4)(H) of the Department of the Interior 
        and Related Agencies Appropriations Act, 2000 (Public Law 106-
        113, div. B, Sec. 1000(a)(3), title III, 16 U.S.C. 528 note), is 
        amended by striking ``Section 4 of the Land and Water 
        Conservation Fund Act of 1965 (16 U.S.C. 460l-6a)'' and 
        substituting ``Section 100904 of title 54, United States Code''.
          (12) Section 6(d) of the Alaska Land Status Technical 
        Corrections Act of 1992 (Public Law 102-415, 16 U.S.C. 539 note) 
        is amended by striking ``section 7 of the Land and Water 
        Conservation Fund Act of 1965 (16 U.S.C. 460l-9)'' and 
        substituting ``section 100506 of title 54, United States Code''.
          (13) Section 2(b) of the Greer Spring Acquisition and 
        Protection Act of 1991 (Public Law 102-220, 16 U.S.C. 539h note) 
        is amended by striking ``section 7 of the Land and Water 
        Conservation Fund Act of 1965 (16 U.S.C. 460l-9)'' and 
        substituting ``section 100506 of title 54, United States Code''.
          (14) Section 606 of the Interstate 90 Land Exchange Act of 
        1998 (Public Law 105-277, div. A, Sec. 101(e), title VI, 16 
        U.S.C. 539k note) is amended--
                  (A) in subsection (a)(3), by striking ``section 7 of 
                the Land and Water Conservation Fund Act of 1965 (16 
                U.S.C. 460l-9)'' and substituting ``section 100506 of 
                title 54, United States Code,'';
                  (B) in subsection (b)(2), by striking ``the National 
                Historic Preservation Act'' and substituting ``division 
                A of subtitle III of title 54, United States Code''; and
                  (C) in subsection (g)(1), by striking ``the National 
                Historic Preservation Act'' and substituting ``division 
                A of subtitle III of title 54, United States Code,''.
          (15) Section 6 of Public Law 93-535 (16 U.S.C. 541e) is 
        amended by striking ``clause 7(a)(1) of the Act of September 3, 
        1964 (78 Stat. 903), as amended'' and substituting ``section 
        200306(a)(2) of title 54, United States Code''.
          (16) Section 14(e)(3)(D)(iii) of the Columbia River Gorge 
        National Scenic Area Act (16 U.S.C. 544l(e)(3)(D)(iii)) is 
        amended by striking ``the Land and Water Conservation Fund Act 
        of 1965 (16 U.S.C. 460l-4 through 11)'' and substituting 
        ``chapter 2003 of title 54, United States Code,''.
          (17) Section 16(a)(1) of the Columbia River Gorge National 
        Scenic Area Act (16 U.S.C. 544n(a)(1) is amended by striking 
        ``the Land and Water Conservation Fund (16 U.S.C. 460l-4

[[Page 128 STAT. 3266]]

        and following)'' and substituting ``chapter 2003 of title 54, 
        United States Code,''.
          (18) Section 3(b) of the Saint Helena Island National Scenic 
        Area Act (16 U.S.C. 546a(b)) is amended by striking ``section 8 
        of the Land and Water Conservation Fund Act of 1965 (16 U.S.C. 
        460l-9)'' and substituting ``section 100506 of title 54, United 
        States Code''.
          (19) Section 6(a) of the Act of June 22, 1948 (known as the 
        Thye-Blatnik Act) (16 U.S.C. 577h(a)) is amended by striking 
        ``the Land and Water Conservation Fund Act (78 Stat. 897), as 
        amended'' and substituting ``chapter 2003 of title 54, United 
        States Code''.
          (20) Section 104(f) of the Valles Caldera Preservation Act (16 
        U.S.C. 688v-2(f)) is amended by striking ``section 7 of the Land 
        and Water Conservation Fund Act of 1965 (16 U.S.C. 460l-9)'' and 
        substituting ``section 100506 of title 54, United States Code''.
          (21) Section 4(a)(3) of the Wilderness Act (16 U.S.C. 
        1133(a)(3)) is amended--
                  (A) by striking ``the Act of August 25, 1916'' and 
                substituting ``section 100101(b)(1), chapter 1003, and 
                sections 100751(a), 100752, 100753, and 102101 of title 
                54, United States Code''; and
                  (B) by striking ``the Act of June 8, 1906 (34 Stat. 
                225; 16 U.S.C. 432 et seq); section 3(2) of the Federal 
                Power Act (16 U.S.C. 796(2)); and the Act of August 21, 
                1935 (49 Stat. 666; 16 U.S.C. 461 et seq.)'' and 
                substituting ``section 3(2) of the Federal Power Act (16 
                U.S.C. 796(2)); and chapters 3201 and 3203 of title 54, 
                United States Code''.
          (22) Section 5 of Public Law 90-454 (16 U.S.C. 1225) is 
        amended by striking ``the Land and Water Conservation Fund Act 
        of 1965 (78 Stat. 897)'' and substituting ``chapter 2003 of 
        title 54, United States Code''.
          (23) Section 7(h)(1) of the National Trails System Act (16 
        U.S.C. 1246(h)(1) is amended by striking ``the Volunteers in the 
        Parks Act of 1969'' and substituting ``section 102301 of title 
        54, United States Code,''.
          (24) Section 8(a) of the National Trails System Act (16 U.S.C. 
        1247(a)) is amended--
                  (A) by striking ``the Land and Water Conservation Fund 
                Act'' and substituting ``chapter 2003 of title 54, 
                United States Code'';
                  (B) by striking ``the Act of October 15, 1966 (80 
                Stat. 915), as amended'' and substituting ``division A 
                of subtitle III of title 54, United States Code''; and
                  (C) by striking ``the Act of May 28, 1963 (77 Stat. 
                49'' and substituting ``chapter 2003 of title 54, United 
                States Code''.
          (25) Section 9(e)(3) of the National Trails System Act (16 
        U.S.C. 1248 (e)(3)) is amended by striking ``section 2 of the 
        Land and Water Conservation Fund Act of 1965'' and substituting 
        ``section 200302 of title 54, United States Code''.
          (26) Section 10(a)(1) of the National Trails System Act (16 
        U.S.C. 1249(a)(1)) is amended by striking ``the Land and Water 
        Conservation Fund Act (78 Stat. 897), as amended'' and 
        substituting ``chapter 2003 of title 54, United States Code''.

[[Page 128 STAT. 3267]]

          (27) Section 11(a)(2) of the National Trails System Act (16 
        U.S.C. 1250(a)(2)) is amended--
                  (A) by striking ``the Volunteers in the Parks Act of 
                1969'' and substituting ``section 102301 of title 54, 
                United States Code''; and
                  (B) by striking ``section 6 of the Land and Water 
                Conservation Fund Act of 1965'' and substituting 
                ``200305 of title 54, United States Code''.
          (28) Section 12(4) of the National Trails System Act (16 
        U.S.C. 1251(4)) is amended by striking ``the Land and Water 
        Conservation Fund Act of 1965'' and substituting ``chapter 2003 
        of title 54, United States Code,''.
          (29) Section 2(a) of the Wild and Scenic Rivers Act (16 U.S.C. 
        1273(a)) is amended by striking ``the Land and Water 
        Conservation Act of 1965'' and substituting ``chapter 2003 of 
        title 54, United States Code,''.
          (30) Section 7(d) of the Wild and Scenic Rivers Act (16 U.S.C. 
        1278(d)) is amended by striking ``the Land and Water 
        Conservation Fund Act of 1965'' and substituting ``chapter 2003 
        of title 54, United States Code''.
          (31) Section 11 of the Wild and Scenic Rivers Act (16 U.S.C. 
        1282) is amended--
                  (A) in subsection (a), by striking ``the Land and 
                Water Conservation Fund Act of 1965 (78 Stat. 897'' and 
                substituting ``chapter 2003 of title 54, United States 
                Code''; and
                  (B) in subsection (b)(2)--
                        (i) in subparagraph (A), by striking ``the 
                      Volunteers in the Parks Act of 1969'' and 
                      substituting ``section 102301 of title 54, United 
                      States Code,''; and
                        (ii) in subparagraph (B), by striking ``the Land 
                      and Water Conservation Fund Act of 1965'' and 
                      substituting ``chapter 2003 of title 54, United 
                      States Code''.
          (32) Section 5(b) of the Endangered Species Act of 1973 (16 
        U.S.C. 1534(b) is amended by striking ``the Land and Water 
        Conservation Fund Act of 1965, as amended'' and substituting 
        ``chapter 2003 of title 54, United States Code''.
          (33) Section 815(4) of the Alaska National Interest Lands 
        Conservation Act (16 U.S.C. 3125(4)'' is amended--
                  (A) by striking ``the National Park Service Organic 
                Act (39 Stat. 535, 16 U.S.C. 1, 2, 3, 4)'' and 
                substituting ``section 100101(b)(1), chapter 1003, and 
                sections 100751(a), 100752, 100753, and 102101 of title 
                54, United States Code''; and
                  (B) by adding ``or such title'' after ``such Acts''.
          (34) Section 6(a)(6)(C) of the Coastal Barrier Act of 1968 (16 
        U.S.C. 3505(a)(6)(C)) is amended by striking ``the Land and 
        Water Conservation Fund Act of 1965 (16 U.S.C. 460l-4 through 
        11)'' and substituting ``chapter 2003 of title 54, United States 
        Code,''.
          (35) Section 11 of the National Fish and Wildlife Foundation 
        Establishment Act (16 U.S.C. 3710) is amended by striking 
        ``Public Law 90-209 (16 U.S.C. 19e et seq.)'' and substituting 
        ``subchapter II of chapter 1011 of title 54, United States 
        Code''.
          (36) Section 805(f)(1) of the Federal Lands Recreation 
        Enhancement Act (16 U.S.C. 6804(f)(1)) is amended--
                  (A) by striking ``(16 U.S.C. 460l-6a)''; and
                  (B) by striking ``; 16 U.S.C. 5991-5995''.

[[Page 128 STAT. 3268]]

          (37) Section 813 of the Federal Lands Recreation Enhancement 
        Act (16 U.S.C. 6812) is amended--
                  (A) in subsection (A), by striking ``(16 U.S.C. 460l-
                6a et seq.)'';
                  (B) in subsection (b), by striking ``; 16 U.S.C. 460l-
                6a'';
                  (C) in subsection (c)--
                        (i) in paragraph (1), by striking ``; 16 U.S.C. 
                      5982''; and
                        (ii) in paragraph (2), by striking ``; 16 U.S.C. 
                      5991-5995''; and
                  (D) in subsection (e)--
                        (i) in paragraph (1), by striking ``(16 U.S.C. 
                      460l-6a(i)(1))'';
                        (ii) in paragraph (2), by striking ``; 16 U.S.C. 
                      5991-5995''; and
                        (iii) in paragraph (3), by striking ``; 16 
                      U.S.C. 460l-6a''.

  (e) Title 20, United States Code.--
          (1) Section 2 of the Act of August 15, 1949 (20 U.S.C. 78a) is 
        amended by striking ``the Act of June 8, 1906 (16 U.S.C. 432, 
        433)'' and substituting ``section 1866(b) of title 18, United 
        States Code, and sections 320302 and 320303 of title 54, United 
        States Code''.
          (2) Section 1517(a)(3) of the American Indian, Alaska Native, 
        and Native Hawaiian Culture and Art Development Act (20 U.S.C. 
        4424(a)(3)) is amended by striking ``the National Historic 
        Preservation Act (16 U.S.C. 470 et seq.)'' and substituting 
        ``division A of subtitle III of title 54, United States Code''.
          (3) Section 7202(13)(E) of the Native Hawaiian Education Act 
        (20 U.S.C. 7512(13)(D)) is amended by striking `` the National 
        Historic Preservation Act (16 U.S.C. 470 et seq.)'' and 
        substituting ``division A of subtitle III of title 54, United 
        States Code''.

  (f) Title 23, United States Code.--
          (1) Section 103(c)(5) of title 23, United States Code, is 
        amended--
                  (A) in subparagraph (B)(i), by striking ``section 106 
                of the National Historic Preservation Act (16 U.S.C. 
                470f)'' and substituting ``section 306108 of title 54''; 
                and
                  (B) in subparagraph (C), by striking ``section 106 of 
                the National Historic Preservation Act (16 U.S.C. 
                470f)'' and substituting ``section 306108 of title 54''.
          (2) Section 138(b)(2)(A) of title 23, United States Code, is 
        amended by striking ``section 106 of the National Historic 
        Preservation Act (16 U.S.C. 470f)'' and substituting ``section 
        306108 of title 54''.
          (3) Section 206 of title 23, United States Code, is amended--
                  (A) in subsection (d)(1)(B), by striking ``the Land 
                and Water Conservation Fund Act of 1965 (16 U.S.C. 460l-
                4 et seq.)'' and substituting ``chapter 2003 of title 
                54'';
                  (B) in subsection (d)(2)(D)(ii), by striking ``the 
                Land and Water Conservation Fund Act of 1965 (16 U.S.C. 
                460l-4 et seq.)'' and substituting ``chapter 2003 of 
                title 54''; and
                  (C) in subsection (h)(3), by striking ``section 
                6(f)(3) of the Land and Water Conservation Fund Act of 
                1965 (16

[[Page 128 STAT. 3269]]

                U.S.C. 460l-8(f)(3))'' and substituting ``section 
                200305(f)(3) of title 54''.

  (g) Title 25, United States Code.--Section 509(a) of the Indian Self-
Determination and Education Assistance Act (25 U.S.C. 458aaa-8(a)) is 
amended by striking ``the National Historic Preservation Act (16 U.S.C. 
470et seq.)'' and substituting ``division A of subtitle III of title 54, 
United States Code''.
  (h) Title 26, United States Code.--Section 9503(c)(3)(A)(i) of the 
Internal Revenue Code of 1986 (26 U.S.C. 9503(c)(3)(A)(i)) is amended by 
striking ``title I of the Land and Water Conservation Fund Act of 1965'' 
and substituting ``chapter 2003 of title 54''.
  (i) Title 36, United States Code.--Section 153513(a)(1) of title 36, 
United States Code, is amended by striking ``the Act of August 25, 1916 
(16 U.S.C. 1 et seq.) (known as the National Park Service Organic Act)'' 
and substituting ``section 100101(a), chapter 1003, and sections 
100751(a), 100752, 100753, and 102101 of title 54, United States Code''.
  (j) Title 40, United States Code.--
          (1) Section 549(c)(3)(B)(ix) of title 40, United States Code, 
        is amended--
                  (A) by striking ``section 308(e)(2) of the National 
                Historic Preservation Act (16 U.S.C. 470w-7(e)(2))'' and 
                substituting ``section 305101(4) of title 54''; and
                  (B) by striking ``subsection (b) of that section'' and 
                substituting ``section 305103 of title 54''.
          (2) Section 550(h)(1)(B) of title 40, United States Code, is 
        amended by striking ``section 3 of the Act of August 21, 1935 
        (16 U.S.C. 463) (known as the Historic Sites, Buildings, and 
        Antiquities Act)'' and substituting ``section 102303 of title 
        54''.
          (3) Section 1303(c) of title 40, United States Code, is 
        amended by striking ``the Act of August 21, 1935 (16 U.S.C. 461 
        et seq.) (known as the Historic Sites, Buildings, and 
        Antiquities Act)'' and substituting ``chapter 3201 of title 
        54''.
          (4) Section 1314(a)(2)(A)(ii) of title 40, United States Code, 
        is amended by striking ``the Act of August 25, 1916 (16 U.S.C. 
        1, 2, 3, 4) (known as the National Park Service Organic Act)'' 
        and substituting ``section 100101(a), chapter 1003, and sections 
        100751(a), 100752, 100753, and 102101 of title 54''.
          (5) Section 3303(c) of title 40, United States Code, is 
        amended by striking ``title II of the National Historic 
        Preservation Act (16 U.S.C. 470i et seq.)'' and substituting 
        ``section 304101 of title 54''.
          (6) Section 3306(a)(4) of title 40, United States Code, is 
        amended by striking ``section 101 of the National Historic 
        Preservation Act (16 U.S.C. 470a)'' and substituting ``chapter 
        3021 of title 54''.
          (7) Section 14507(a)(1)(A)(ii) of title 40, United States 
        Code, is amended by striking ``the Land and Water Conservation 
        Fund Act of 1965 (16 U.S.C. 460l-4 et seq.)'' and substituting 
        ``chapter 2003 of title 54''.

  (k) Title 42, United States Code.--
          (1) Section 303(2) of the Water Resources Planning Act (42 
        U.S.C. 1962c-2(2)) is amended by striking ``the Land and Water 
        Conservation Fund Act of 1965'' and substituting ``chapter 2003 
        of title 54, United States Code''.
          (2) Section 208(2) of the Demonstration Cities and 
        Metropolitan Development Act of 1966 (42 U.S.C. 3338(2)) is 
        amended

[[Page 128 STAT. 3270]]

        by striking ``section 5(e) of the Land And Water Conservation 
        Fund Act of 1965'' and substituting ``section 200305(e) of title 
        54, United States Code''.
          (3) Section 5(c) of the Department of Housing and Urban 
        Development Act (42 U.S.C. 3534(c)) is amended by striking ``the 
        Land and Water Conservation Fund Act of 1965 (78 Stat. 897)'' 
        and substituting ``chapter 2003 of title 54, United States 
        Code,''.
          (4) Section 121 of the Housing and Community Development Act 
        of 1974 (42 U.S.C. 5320) is amended--
                  (A) by amending subsection (a) to read as follows:

  ``(a) With respect to applications for assistance under section 5318 
of this title, the Secretary of the Interior, after consulting with the 
Secretary, shall prescribe and implement regulations concerning projects 
funded under section 5318 of this title and their relationship with 
division A of subtitle III and chapter 3125 of title 54, United States 
Code.''; and
                  (B) in subsection (c), by striking ``section 106 of 
                the Act referred to in subsection (a)(1)'' and 
                substituting ``section 306108 of title 54, United States 
                Code,''.
          (5) Section 504(c)(2) of the Americans with Disabilities Act 
        of 1990 (42 U.S.C. 12204(c)(2)) is amended by striking ``the 
        National Historic Preservation Act (16 U.S.C. 470 et seq.)'' and 
        substituting ``division A of subtitle III of title 54, United 
        States Code''.
          (6) Section 999H(c)(2) of the Energy Policy Act of 2005 Energy 
        Research, Development, Demonstration, and Commercial Application 
        Act of 2005 (42 U.S.C. 16378(c)(2)) is amended--
                  (A) in subparagraph (B), by striking ``section 2(c) of 
                the Land and Water Conservation Fund Act of 1965 (16 
                U.S.C. 460l-5(c))'' and substituting ``section 200302(c) 
                of title 54, United States Code''; and
                  (B) in subparagraph (C), by striking ``section 108 of 
                the National Historic Preservation Act (16 U.S.C. 
                470h)'' and substituting ``chapter 3031 of title 54, 
                United States Code''.

  (l) Title 43, United States Code.--
          (1) The second paragraph under the heading ``administrative 
        provisions'' under the heading ``Bureau of Reclamation'' (43 
        U.S.C. 377b) is amended by striking ``the Acts of August 21, 
        1935 (16 U.S.C. 461-467) and June 27 1960 (16 U.S.C. 469)'' and 
        substituting ``chapters 3125 and 3201 of title 54, United States 
        Code''.
          (2) Section 105 of the Gulf of Mexico Energy Security Act of 
        2006 (Public Law 109-432, div. C, title I, 43 U.S.C. 1331 note) 
        is amended--
                  (A) in subsection (a)(2)(B)--
                        (i) by striking ``section 6 of the Land And 
                      Water Conservation Fund Act of 1965 (16 U.S.C. 
                      460l-8)'' and substituting ``section 200305 of 
                      title 54, United States Code''; and
                        (ii) by striking ``section 2 of that Act (16 
                      U.S.C. 460l-5)'' and substituting ``section 200302 
                      of that title''; and
                  (B) in subsection (e)(3)(B), by striking ``the Land 
                and Water Conservation Fund Act of 1965 (16 U.S.C. 460l-
                4 et seq.)'' and substituting ``chapter 2003 of title 
                54, United States Code''.

[[Page 128 STAT. 3271]]

          (3) Section 1401(b) of the Omnibus Budget Reconciliation Act 
        of 1981 (43 U.S.C. 1457a(b)) is amended--
                  (A) by striking ``the Land and Water Conservation Fund 
                Act of 1965 (78 Stat; 897; 16 U.S.C. 460z)'' and 
                substituting ``chapter 2003 of title 54, United States 
                Code'';
                  (B) by striking ``the National Historic Preservation 
                Act of 1966 (80 Stat. 915; 16 U.S.C. 470)'' and 
                substituting ``division A of subtitle III of title 54, 
                United States Code''; and
                  (C) by striking ``the Urban Park and Recreation 
                Recovery Act of 1978 (92 Stat. 3538; 16 U.S.C. 2501, et 
                seq.)'' and substituting ``chapter 2005 of title 54, 
                United States Code''.
          (4) The paragraph under the heading ``natural resource damage 
        assessment and restoration fund'' under the heading ``United 
        States Fish and Wildlife Service'' in Public Law 103-138 (43 
        U.S.C. 1474b-1) is omitted by striking ``the Act of July 27, 
        1990 (Public Law 101-337)'' and substituting ``subchapter II of 
        chapter 1007 of title 54, United States Code,''.
          (5) Section 7(e)(3) of the Colorado River Floodway Protection 
        Act (43 U.S.C. 1600e(e)(3)) is amended by striking ``the Land 
        and Water Conservation Fund Act of 1965 (16 U.S.C. 460l-4 
        through 11)'' and substituting ``chapter 2003 of title 54, 
        United States Code''.
          (6) Section 202(c)(9) of the Federal Land Policy and 
        Management Act of 1976 (43 U.S.C. 1712(c)(9)) is amended by 
        striking ``the Act of September 3, 1964 (78 Stat. 897), as 
        amended'' and substituting ``chapter 2003 of title 54, United 
        States Code''.
          (7) Section 204(j) of the Federal Land Policy and Management 
        Act of 1976 (43 U.S.C. 1714(j)) is amended by striking ``the Act 
        of June 8, 1906 (34 Stat. 225; 16 U.S.C. 431-433)'' and 
        substituting ``chapter 3203 of title 54, United States Code''.
          (8) Section 201(d)(3)(E) of the Consolidated Natural Resources 
        Act of 2008 (43 U.S.C. 1786(d)(3)(E)) is amended by striking 
        ``the National Historic Preservation Act (16 U.S.C. 470 et 
        seq.)'' and substituting ``division A of subtitle III of title 
        54, United States Code,''.
          (9) Section 206 of the Federal Land Transaction Facilitation 
        Act (43 U.S.C. 2305) is amended--
                  (A) in subsection (e), by striking ``the Land and 
                Water Conservation Fund Act (16 U.S.C. 460l-4 et seq.)'' 
                and substituting ``chapter 2003 of title 54, United 
                States Code''; and
                  (B) in subsection (f)(2), by striking ``section 3 of 
                the Land and Water Conservation Fund Act of 1965 (16 
                U.S.C. 460l-6)'' and substituting ``section 200303 of 
                title 54, United States Code''.

  (m) Title 45, United States Code.--
          (1) Section 1168(a) of the Omnibus Budget Reconciliation Act 
        of 1981 (45 U.S.C. 1111(a)) is amended by striking ``the 
        National Historic Preservation Act'' and substituting ``division 
        A of subtitle III of title 54, United States Code''.
          (2) Section 613(a) of the Alaska Railroad Transfer Act of 1982 
        (45 U.S.C. 1212(a)) is amended by striking ``the National 
        Historic Preservation Act (16 U.S.C. 470 et seq.)'' and 
        substituting ``division A of subtitle III of title 54, United 
        States Code''.

[[Page 128 STAT. 3272]]

  (n) Title 46, United States Code.--Section 13102(b)(2) of title 46, 
United States Code, is amended by striking ``the Land and Water 
Conservation Fund Act of 1965 (16 U.S.C. 460l-4--460-11)'' and 
substituting ``chapter 2003 of title 54, United States Code,''.
  (o) Title 48, United States Code.--
          (1) Section 105(l) of Public Law 99-239 (known as the Compact 
        of Free Association Amendments Act of 2003) (48 U.S.C. 1905(l)) 
        is amended by striking ``the National Historic Preservation Act 
        (80 Stat. 915; 16 U.S.C. 470-470t)'' and substituting ``division 
        A of subtitle III of title 54, United States Code''.
          (2) Section 105(j) of Public Law 108-188 (known as the Compact 
        of Free Association Act of 1985) (48 U.S.C. 1921(d)) is amended 
        by striking ``the National Historic Preservation Act (80 Stat. 
        915; 16 U.S.C. 470-470t)'' and substituting ``division A of 
        subtitle III of title 54, United States Code''.

  (p) Title 49, United States Code.--Section 303(d)(2) of title 49, 
United States Code, is amended by striking ``section 106 of the National 
Historic Preservation Act (16 U.S.C. 470f)'' and substituting ``section 
306108 of title 54, United States Code''.

SEC. 6. TRANSITIONAL AND SAVINGS PROVISIONS.

  (a) Definitions.--In this section:
          (1) Source provision.--The term ``source provision'' means a 
        provision of law that is replaced by a title 54 provision.
          (2) Title 54 provision.--The term ``title 54 provision'' means 
        a provision of title 54, United States Code, that is enacted by 
        section 3.

  (b) Cutoff Date.--The title 54 provisions replace certain provisions 
of law enacted on or before January 15, 2013. If a law enacted after 
that date amends or repeals a source provision, that law is deemed to 
amend or repeal, as the case may be, the corresponding title 54 
provision. If a law enacted after that date is otherwise inconsistent 
with a title 54 provision or a provision of this Act, that law 
supersedes the title 54 provision or provision of this Act to the extent 
of the inconsistency.
  (c) Original Date of Enactment Unchanged.--For purposes of determining 
whether one provision of law supersedes another based on enactment later 
in time, a title 54 provision is deemed to have been enacted on the date 
of enactment of the source provision that the title 54 provision 
replaces.
  (d) References to Title 54 Provisions.--A reference to a title 54 
provision is deemed to refer to the corresponding source provision.
  (e) References to Source Provisions.--A reference to a source 
provision, including a reference in a regulation, order, or other law, 
is deemed to refer to the corresponding title 54 provision.
  (f) Regulations, Orders, and Other Administrative Actions.--A 
regulation, order, or other administrative action in effect under a 
source provision continues in effect under the corresponding title 54 
provision.
  (g) Actions Taken and Offenses Committed.--An action taken or an 
offense committed under a source provision is deemed to have been taken 
or committed under the corresponding title 54 provision.

SEC. 7. <<NOTE: 54 USC note prec. 100101.>> REPEALS.

  The following provisions of law are repealed, except with respect to 
rights and duties that matured, penalties that were incurred,

[[Page 128 STAT. 3273]]

or proceedings that were begun before the date of enactment of this Act:

                                            Schedule of Laws Repealed
----------------------------------------------------------------------------------------------------------------
                                                                                     United States Code Former
                        Act                                    Section                     Classification
----------------------------------------------------------------------------------------------------------------
 
Act of February 15, 1901 (ch. 372 relating to       .............................                  16 U.S.C. 79
 
Act of June 8, 1906 (ch. 3060)....................                             1                  16 U.S.C. 433
                                                                               2                  16 U.S.C. 431
                                                                               3                  16 U.S.C. 432
                                                                               4                  16 U.S.C. 432
 
Act of March 4, 1911 (ch. 238 (4th and last         .............................                   16 U.S.C. 5
 paragraphs (relating to System units) under
 heading ``Improvement of the National Forest''
 under heading ``Forest Service'')................
 
Act of August 25, 1916 (ch. 408)..................                             1                    16 U.S.C. 1
                                                                               2                    16 U.S.C. 2
                                                                               3                    16 U.S.C. 3
                                                                               4                    16 U.S.C. 4
 
Act of June 12, 1917 (ch. 27).....................          1 (21st undesignated                  16 U.S.C. 452
                                                         paragraph under heading
                                                             ``national parks'')
 
Act of June 5, 1920 (ch. 235).....................  1 (2d undesignated paragraph                    16 U.S.C. 6
                                                        under heading ``national
                                                                        parks'')
 
Act of May 24, 1922 (ch. 199).....................          (1st sentence in 9th                  16 U.S.C. 452
                                                    undesignated paragraph under
                                                               heading ``NATIONAL PARKS'')
 
Act of April 9, 1924 (ch. 86).....................                             1                    16 U.S.C. 8
                                                                               4                   16 U.S.C. 8a
                                                                               5                   16 U.S.C. 8b
                                                                               6                   16 U.S.C. 8c
 
Act of May 10, 1926 (ch. 277).....................          1 (28th undesignated                  16 U.S.C. 456
                                                         paragraph under heading
                                                                       ``NATIONAL PARKS'')
                                                            1 (last undesignated                   16 U.S.C. 11
                                                         paragraph under heading
                                                                       ``NATIONAL PARKS'')
 
Act of June 11, 1926 (ch. 555)....................                             1                  16 U.S.C. 455
                                                                               2                 16 U.S.C. 455a
                                                                               3                 16 U.S.C. 455b
                                                                               4                 16 U.S.C. 455c
 
Act of July 3, 1926 (ch. 792).....................                             1                   16 U.S.C. 12
                                                                               2                   16 U.S.C. 13
 
Act of February 1, 1928 (ch. 15)..................  .............................                 16 U.S.C. 457
 
Act of March 7, 1928 (ch. 137)....................          1 (28th undesignated                   16 U.S.C. 15
                                                         paragraph under heading
                                                                       ``NATIONAL PARK SERVICE'')
 

[[Page 128 STAT. 3274]]

 
Act of March 8, 1928 (ch. 152)....................  .............................                 16 U.S.C. 458
 
Act of April 18, 1930 (ch. 187)...................  .............................                  16 U.S.C. 16
 
Act of May 26, 1930 (ch. 324).....................                             1                   16 U.S.C. 17
                                                                               3                  16 U.S.C. 17b
                                                                               4                  16 U.S.C. 17c
                                                                               5                  16 U.S.C. 17d
                                                                               6                  16 U.S.C. 17e
                                                                               7                  16 U.S.C. 17f
                                                                               8                  16 U.S.C. 17g
                                                                               9                  16 U.S.C. 17h
                                                                              10                  16 U.S.C. 17i
                                                                              11                  16 U.S.C. 17j
 
Act of March 4, 1931 (ch. 522)....................      title I (proviso in last                   16 U.S.C. 9a
                                                    undesignated paragraph under
                                                         heading ``national park
                                                                      service'')
 
Act of March 2, 1933 (ch. 180)....................                             1                   16 U.S.C. 9a
 
Act of May 9, 1935 (ch. 101)......................          1 (34th undesignated            16 U.S.C. 14b, 456a
                                                         paragraph under heading
                                                                       ``NATIONAL PARK SERVICE'')
 
Act of August 21, 1935 (ch. 593)..................                             1                  16 U.S.C. 461
                                                                               2                  16 U.S.C. 462
                                                                               3                  16 U.S.C. 463
                                                                               4                  16 U.S.C. 464
                                                                               5                  16 U.S.C. 465
                                                                               6                  16 U.S.C. 466
                                                                               7                  16 U.S.C. 467
 
Act of June 23, 1936 (ch. 735)....................                             1                  16 U.S.C. 17k
                                                                               2                  16 U.S.C. 17l
                                                                               3                  16 U.S.C. 17m
                                                                               4                  16 U.S.C. 17n
 
Act of May 10, 1939 (ch. 119).....................          1 (41st undesignated                  16 U.S.C. 14a
                                                         paragraph under heading
                                                                       ``NATIONAL PARK SERVICE'')
 
Act of June 18, 1940 (ch. 395)....................  1 (proviso in 3d undesignated               16 U.S.C. 17j-1
                                                         paragraph under heading
                                                                       ``NATIONAL PARK SERVICE'')
 
Act of August 27, 1940 (ch. 690)..................                             1                 16 U.S.C. 458a
 
Act of June 28, 1941 (ch. 259)....................          1 (41st undesignated                  16 U.S.C. 14c
                                                         paragraph under heading
                                                                       ``NATIONAL PARK SERVICE'')
 
Act of August 7, 1946 (ch. 788)...................               (b) through (g)     16 U.S.C. 17j-2(b) through
                                                                                                            (g)
                                                                        (i), (j)        16 U.S.C. 17j-2(i), (j)
 
Act of June 3, 1948 (ch. 401).....................                             1                   16 U.S.C. 8e

[[Page 128 STAT. 3275]]

 
                                                                               2                   16 U.S.C. 8f
 
Act of October 26, 1949 (ch. 755).................                             1                  16 U.S.C. 468
                                                                               2                 16 U.S.C. 468a
                                                                               3                 16 U.S.C. 468b
                                                                               4                 16 U.S.C. 468c
                                                                               5                 16 U.S.C. 468d
 
Act of March 18, 1950 (ch. 72)....................                             1                   16 U.S.C. 7a
                                                                               2                   16 U.S.C. 7b
                                                                               3                   16 U.S.C. 7c
                                                                               4                   16 U.S.C. 7d
                                                                               5                   16 U.S.C. 7e
 
Act of September 14, 1950 (ch. 950)...............      1 (last sentence proviso                 16 U.S.C. 431a
                                                            relating to national
                                                                      monuments)
                                                        1 (last sentence proviso                 16 U.S.C. 451a
                                                     relating to national parks)
 
Act of August 8, 1953 (ch. 384)...................                  1 (less (3))        16 U.S.C. 1b (less (3))
                                                                               2                   16 U.S.C. 1c
                                                                               3                   16 U.S.C. 1d
 
Act of August 31, 1954 (ch. 1163).................  .............................                16 U.S.C. 452a
 
Act of July 1, 1955 (ch. 259).....................                             1                  16 U.S.C. 18f
                                                                               2                16 U.S.C. 18f-2
                                                                               3                16 U.S.C. 18f-3
 
Public Law 86-523.................................                             2                 16 U.S.C. 469a
                                                                               3               16 U.S.C. 469a-1
                                                                               4               16 U.S.C. 469a-2
                                                                               5               16 U.S.C. 469a-3
                                                                               6                 16 U.S.C. 469b
                                                                               7                 16 U.S.C. 469c
                                                                               8               16 U.S.C. 469c-1
 
Public Law 87-608.................................  .............................                  16 U.S.C. 3b
 
Public Law 88-29..................................                             1                 16 U.S.C. 460l
                                                                               2               16 U.S.C. 460l-1
                                                                               3               16 U.S.C. 460l-2
                                                                               4               16 U.S.C. 460l-3
 
Land and Water Conservation Fund Act of 1965 (Pub.              title I, Sec.  2               16 U.S.C. 460l-5
 L. 88-578).......................................
                                                                title I, Sec.  3               16 U.S.C. 460l-6
                                                       title I, Sec.  4(i)(1)(C)     16 U.S.C. 460l-6a(i)(1)(C)
                                                     title I, Sec.  4(j) through   16 U.S.C. 460l-6a(j) through
                                                                             (n)                            (n)
                                                                title I, Sec.  5               16 U.S.C. 460l-7
                                                                title I, Sec.  6               16 U.S.C. 460l-8
                                                                title I, Sec.  7               16 U.S.C. 460l-9
                                                                title I, Sec.  8              16 U.S.C. 460l-10
                                                                title I, Sec.  9             16 U.S.C. 460l-10a
                                                               title I, Sec.  10             16 U.S.C. 460l-10b
                                                               title I, Sec.  11             16 U.S.C. 460l-10c
                                                               title I, Sec.  12             16 U.S.C. 460l-10d
                                                               title I, Sec.  13             16 U.S.C. 460l-10e
                                                             title II, Sec.  201              16 U.S.C. 460l-11
 

[[Page 128 STAT. 3276]]

 
National Historic Preservation Act (Pub. L. 89-                                2                16 U.S.C. 470-1
 665).............................................
                                                                             101                 16 U.S.C. 470a
                                                                             102                 16 U.S.C. 470b
                                                                             103                 16 U.S.C. 470c
                                                                             104                 16 U.S.C. 470d
                                                                             105                 16 U.S.C. 470e
                                                                             106                 16 U.S.C. 470f
                                                                             107                 16 U.S.C. 470g
                                                                             108                 16 U.S.C. 470h
                                                                             109               16 U.S.C. 470h-1
                                                                             110               16 U.S.C. 470h-2
                                                                             111               16 U.S.C. 470h-3
                                                                             112               16 U.S.C. 470h-4
                                                                             113               16 U.S.C. 470h-5
                                                                             201                 16 U.S.C. 470i
                                                                             202                 16 U.S.C. 470j
                                                                             203                 16 U.S.C. 470k
                                                                             204                 16 U.S.C. 470l
                                                                             205                 16 U.S.C. 470m
                                                                             206                 16 U.S.C. 470n
                                                                             207                 16 U.S.C. 470o
                                                                             208                 16 U.S.C. 470p
                                                                             209                 16 U.S.C. 470q
                                                                             210                 16 U.S.C. 470r
                                                                             211                 16 U.S.C. 470s
                                                                             212                 16 U.S.C. 470t
                                                                             213                 16 U.S.C. 470u
                                                                             214                 16 U.S.C. 470v
                                                                             215               16 U.S.C. 470v-1
                                                                             216               16 U.S.C. 470v-2
                                                                             301                 16 U.S.C. 470w
                                                                             302               16 U.S.C. 470w-1
                                                                             303               16 U.S.C. 470w-2
                                                                             304               16 U.S.C. 470w-3
                                                                             305               16 U.S.C. 470w-4
                                                                             306               16 U.S.C. 470w-5
                                                                             307               16 U.S.C. 470w-6
                                                                             308               16 U.S.C. 470w-7
                                                                             309               16 U.S.C. 470w-8
                                                                             401                 16 U.S.C. 470x
                                                                             402               16 U.S.C. 470x-1
                                                                             403               16 U.S.C. 470x-2
                                                                             404               16 U.S.C. 470x-3
                                                                             405               16 U.S.C. 470x-4
                                                                             406               16 U.S.C. 470x-5
                                                                             407               16 U.S.C. 470x-6
 
Demonstration Cities and Metropolitan Development                            603               16 U.S.C. 470b-1
 Act of 1966 (Pub. L. 89-754).....................
 
Public Law 90-209.................................                             1                  16 U.S.C. 19e
                                                                               2                  16 U.S.C. 19f
                                                                               3                  16 U.S.C. 19g
                                                                               4                  16 U.S.C. 19h
                                                                               5                  16 U.S.C. 19i
                                                                               6                  16 U.S.C. 19j
                                                                               7                  16 U.S.C. 19k
                                                                               8                  16 U.S.C. 19l
                                                                               9                  16 U.S.C. 19m
                                                                              10                  16 U.S.C. 19n
                                                                              11                  16 U.S.C. 19o
 
Public Law 90-401.................................                             5              16 U.S.C. 460l-22
 
Volunteers in the Parks Act of 1969 (Pub. L. 91-                               1                  16 U.S.C. 18g
 357).............................................
                                                                               2                  16 U.S.C. 18h
                                                                               3                  16 U.S.C. 18i
                                                                               4                  16 U.S.C. 18j
 

[[Page 128 STAT. 3277]]

 
Public Law 91-383.................................                             1                 16 U.S.C. 1a-1
                                                                               3                 16 U.S.C. 1a-2
                                                                               6                 16 U.S.C. 1a-3
                                                                               7                 16 U.S.C. 1a-4
                                                                               8                 16 U.S.C. 1a-5
                                                                              10                 16 U.S.C. 1a-6
                                                                              12                 16 U.S.C. 1a-7
                                                                              13                16 U.S.C. 1a-7a
 
Public Law 94-429.................................                             1                 16 U.S.C. 1901
                                                                               2                 16 U.S.C. 1902
                                                                               4                 16 U.S.C. 1903
                                                                               5                 16 U.S.C. 1904
                                                                               6                 16 U.S.C. 1905
                                                                               7                 16 U.S.C. 1906
                                                                               8                 16 U.S.C. 1907
                                                                               9                 16 U.S.C. 1908
                                                                              10                 16 U.S.C. 1909
                                                                              11                 16 U.S.C. 1910
                                                                              12                 16 U.S.C. 1911
                                                                              13                 16 U.S.C. 1912
 
Public Law 95-344.................................          title III, Sec.  302                 16 U.S.C. 2302
                                                            title III, Sec.  303                 16 U.S.C. 2303
                                                            title III, Sec.  304                 16 U.S.C. 2304
                                                            title III, Sec.  305                 16 U.S.C. 2305
                                                            title III, Sec.  306                 16 U.S.C. 2306
 
Urban Park and Recreation Recovery Act of 1978               title X, Sec.  1004                 16 U.S.C. 2503
 (Pub. L. 95-625).................................
                                                             title X, Sec.  1005                 16 U.S.C. 2304
                                                             title X, Sec.  1006                 16 U.S.C. 2305
                                                             title X, Sec.  1007                 16 U.S.C. 2306
                                                             title X, Sec.  1008                 16 U.S.C. 2307
                                                             title X, Sec.  1009                 16 U.S.C. 2308
                                                             title X, Sec.  1010                 16 U.S.C. 2309
                                                             title X, Sec.  1011                 16 U.S.C. 2310
                                                             title X, Sec.  1012                 16 U.S.C. 2311
                                                             title X, Sec.  1013                 16 U.S.C. 2312
                                                             title X, Sec.  1014                 16 U.S.C. 2313
                                                             title X, Sec.  1015                 16 U.S.C. 2314
 
Public Law 96-199.................................            title I, Sec.  120                 16 U.S.C. 467b
 
National Historic Preservation Act Amendments of                             208               16 U.S.C. 469c-2
 1980 (Pub. L. 96-515)............................
                                                                             401               16 U.S.C. 470a-1
                                                                             402               16 U.S.C. 470a-2
 
Public Law. 98-473................................  title I, Sec.  101(c) [title                   16 U.S.C. 1e
                                                                   I, Sec.  100]
 
Public Law 98-540.................................                          4(a)              16 U.S.C. 1a-8(a)
 
International Security and Development Cooperation                          1303                 16 U.S.C. 469j
 Act of 1985 (Pub. L. 99-83)......................
 
Public Law 101-337................................                             1                           19jj
                                                                               2                         19jj-1
                                                                               3                         19jj-2
                                                                               4                         19jj-3
                                                                               5                         19jj-4
 

[[Page 128 STAT. 3278]]

 
Public Law 101-628................................         title XII, Sec.  1213                 16 U.S.C. 1a-9
                                                           title XII, Sec.  1214                16 U.S.C. 1a-10
                                                           title XII, Sec.  1215                16 U.S.C. 1a-11
                                                           title XII, Sec.  1216                16 U.S.C. 1a-12
                                                           title XII, Sec.  1217                16 U.S.C. 1a-13
 
Department of the Interior and Related Agencies          title I (1st proviso in                  16 U.S.C. 14d
 Appropriations Act, 1993 (Pub. L. 102-381).......       paragraph under heading
                                                    ``administrative provisions''
                                                    under heading ``National Park
                                                                      Service'')
 
Public Law 102-525................................          title III, Sec.  301                16 U.S.C. 1a-14
 
Department of the Interior and Related Agencies           title I (3d proviso in                   16 U.S.C. 3a
 Appropriations Act, 1994 (Pub. L. 103-138).......       paragraph under heading
                                                    ``administrative provisions''
                                                    under heading ``National Park
                                                                      Service'')
 
National Maritime Heritage Act of 1994 (Pub. L.                                3                 16 U.S.C. 5402
 103-451).........................................
                                                                               4                 16 U.S.C. 5403
                                                                               5                 16 U.S.C. 5404
                                                                               6                 16 U.S.C. 5405
                                                                               7                 16 U.S.C. 5406
                                                                               8                 16 U.S.C. 5407
                                                                               9                 16 U.S.C. 5408
 
Omnibus Consolidated Appropriations Act, 1997       div. A, title I, Sec.  101(d)                  16 U.S.C. 1g
 (Pub. L. 104-208)................................     [title I (3d undesignated
                                                         paragraph under heading
                                                    ``administrative provisions''
                                                    under heading ``National Park
                                                                     Service'')]
 
Omnibus Parks and Public Lands Management Act of     div. I, title VI, Sec.  604                 16 U.S.C. 469k
 1996 (Pub. L. 104-333)...........................
                                                        div. I, title VIII, Sec.   16 U.S.C. 17o(2) through (19)
                                                          814(a)(2) through (19)
                                                        div. I, title VIII, Sec.                   16 U.S.C. 1f
                                                                          814(g)
 
National Underground Railroad Network to Freedom                               3               16 U.S.C. 469l-1
 Act of 1998 (Pub. L. 105-203)....................
                                                                               4               16 U.S.C. 469l-2
                                                                               5               16 U.S.C. 469l-3
 
Strom Thurmond National Defense Authorization Act    div. A, title X, Sec.  1068                 16 U.S.C. 5409
 for Fiscal Year 1999 (Pub. L. 105-261)...........
 
National Parks Omnibus Management Act of 1998                                  2                 16 U.S.C. 5901
 (Pub. L. 105-391)................................
                                                                             101                 16 U.S.C. 5911

[[Page 128 STAT. 3279]]

 
                                                                             102                 16 U.S.C. 5912
                                                                             103                 16 U.S.C. 5913
                                                                             104                 16 U.S.C. 5914
                                                                             201                 16 U.S.C. 5931
                                                                             202                 16 U.S.C. 5932
                                                                             203                 16 U.S.C. 5933
                                                                             204                 16 U.S.C. 5934
                                                                             205                 16 U.S.C. 5935
                                                                             206                 16 U.S.C. 5936
                                                                             207                 16 U.S.C. 5937
                                                                             402                 16 U.S.C. 5951
                                                                             403                 16 U.S.C. 5952
                                                                             404                 16 U.S.C. 5953
                                                                             405                 16 U.S.C. 5954
                                                                             406                 16 U.S.C. 5955
                                                                             407                 16 U.S.C. 5956
                                                                             408                 16 U.S.C. 5957
                                                                             409                 16 U.S.C. 5958
                                                                             410                 16 U.S.C. 5959
                                                                             411                 16 U.S.C. 5960
                                                                             412                 16 U.S.C. 5961
                                                                             413                 16 U.S C. 5962
                                                                             414                 16 U.S.C. 5963
                                                                             416                 16 U.S.C. 5964
                                                                             417                 16 U.S.C. 5965
                                                                             418                 16 U.S.C. 5966
                                                                             501                 16 U.S.C. 5981
                                                                             801                 16 U.S.C. 6011
 
Public Law 106-206................................  1 (relating to National Park    16 U.S.C. 460l-6d (relating
                                                                         System)       to National Park System)
 
Department of the Interior and Related Agencies         title I (paragraph under                  16 U.S.C. 14e
 Appropriations Act, 2002 (Pub. L. 107-63)........    heading ``contribution for
                                                        annuity benefits'' under
                                                         heading ``National Park
                                                                      Service'')
 
Consolidated Appropriations Resolution, 2003 (Pub.  div. F, title I (words before                  16 U.S.C. 1h
 L. 108-7)........................................  proviso in last undesignated
                                                         paragraph under heading
                                                    ``administrative provisions''
                                                    under heading ``National Park
                                                                      Service'')
                                                     div. F, title I (proviso in                   16 U.S.C. 1i
                                                     last undesignated paragraph
                                                                   under heading
                                                    ``administrative provisions''
                                                    under heading ``National Park
                                                                      Service'')
 
Consolidated Appropriations Act of 2008 (Pub. L.            div. F, title I (1st            16 U.S.C. 5954 note
 110-161).........................................       paragraph under heading
                                                    ``administrative provisions''
                                                    under heading ``National Park
                                                                      Service'')
 
Consolidated Natural Resources Act of 2008 (Pub.     title III, subtitle A, Sec.                   16 U.S.C. 1j
 L. 110-229)......................................                           301
 
Omnibus Public Land Management Act of 2009 (Pub.     title VII, subtitle B, Sec.              16 U.S.C. 469m(b)
 L. 111-11).......................................                       7111(b)

[[Page 128 STAT. 3280]]

 
                                                     title VII, subtitle B, Sec.              16 U.S.C. 469m(c)
                                                                         7111(c)
                                                     title VII, subtitle D, Sec.      16 U.S.C. 469k-1)(b), (c)
                                                                    7301(b), (c)
                                                     title VII, subtitle D, Sec.   16 U.S.C. 469n(b) through (f)
                                                             7302(b) through (f)
                                                     title VII, subtitle D, Sec.                 16 U.S.C. 469o
                                                                            7303
Credit Card Accountability Responsibility and       title V, Sec.  512 (relating   16 U.S.C. 1a-7b (relating to
 Disclosure Act of 2009 (Pub. L. 111-24)..........      to National Park System)          National Park System)
----------------------------------------------------------------------------------------------------------------

    Approved December 19, 2014.

LEGISLATIVE HISTORY--H.R. 1068:
---------------------------------------------------------------------------

HOUSE REPORTS: No. 113-44 (Comm. on the Judiciary).
CONGRESSIONAL RECORD:
                                                        Vol. 159 (2013):
                                    Apr. 23, considered and passed 
                                        House.
                                                        Vol. 160 (2014):
                                    Dec. 15, considered and passed 
                                        Senate.

                                  <all>