National Park System Visitor Facilities Fund Act
PL 97-433 (H.R.7316), enacted 01/08/1983

16 u s e 19aa. 
PUBLIC LAW 97-433—JAN. 8, 1983 
96 STAT. 2277 
Public Law 97-438 
97th Congress 
An Act 
To establish the National Park System Visitor Facilities Fund, and for other 
Jan. 8, 1983 
purposes. 
[H.R. 7316] 
Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled, That this Act may National Park 
be cited as the "National Park System Visitor Facilities Fund Act". FadSSelFund 
SEC. 2. DEFINITIONS.—For purposes of this Act— 
Act. 
(1) "Foundation" means the National Park Foundation estab- 
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lished under the Act of December 18, 1967 (81 Stat. 656; 16 ^ff;^ 
U.S.C. 19e and following); 
(2) "Fund" means the National Park System Visitor Facilities 
Fund established under section 3 of this Act; 
(3) "Secretary" means the Secretary of the Interior; and 
(4) "visitor facility" means any structure, 
fixture, 
or 
improvement— 
(A) which is located within a unit of the National Park 
System upon land owned by the United States; 
(B) in which no concessioner has a possessory interest 
(within the meaning of section 6 of the National Park 
Service Concessions Policy Act (16 U.S.C. 20-20g)); and i6USC20e. 
(C) which is used to provide food, lodging, or other serv-
ices to visitors. 
Such term also includes concessioners' employee dormitories which 
meet the requirements of subparagraphs (A) and (B). 
SEC. 3. ESTABLISHMENT OF FUND.—There is hereby established in 
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the Treasury of the United States the National Park System Visitor 
Facilities Fund. There shall be credited to the Fund an amount 
equal to all National Park System concession fees, including fran-
chise fees and building user fees, paid to or due and owing to the 
United States after October 1, 1982 for the privilege of providing 
visitor accommodations and services in units of the National Park 
System (other than revenues obtained under the provisions of sec-
tion 111 of the National Historic Preservation Act of 1966) (16 U.S.C. 16 use 470h-3. 
470-470t). 
SEC. 4. AUTHORIZATION OF APPROPRIATIONS.—(a) Beginning in 16 use I9cc. 
fiscal year 1984, amounts credited to the Fund pursuant to this Act 
are authorized to be appropriated to the National Park Service, to 
be made available for expenditure by the Foundation to carry out its 
functions under this Act. 
(b) In addition to the amount authorized to be appropriated 
pursuant to subsection (a) of this section, there is authorized to be 
appropriated, not to exceed $1,000,000 to the National Park Service, 
to be made available for expenditure by the Foundation to carry out 
its functions under this Act. Such sums shall be available for 
expenditure by the Foundation only to the extent such sums are 
matched on a dollar-for-dollar basis by cash or in-kind contributions 
made to the Foundation for the purposes of this Act. 
96 STAT. 2278 
PUBLIC LAW 97-433—JAN. 8, 1983 
National Park 
Foundation, 
functions. 
16 u s e 19dd. 
Grants. 
Historic 
property. 
Annual report to 
Congress. 
16 u s e 19ee. 
(c) Except as provided in section 8 of this Act, sums appropriated 
under this section shall remain available until expended. 
SEC. 5. ADMINISTRATION OF FUND PROJECTS.—(a) In a timely fash-
ion, the Director of the National Park Service, with the concurrence 
of the Secretary, shall submit to the Executive Committee of the 
National Park Foundation detailed recommendations for the recon-
struction, rehabilitation, replacement, improvement, relocation, or 
removal of visitor facilities. The Director shall specify those projects 
which he deems to have the highest priority for funding under this 
Act. The Executive Committee shall consider such recommendations 
and, with the concurrence of the Director of the National Park 
Service, recommend projects to the Board of the Foundation for its 
approval. 
(b) The Secretary shall make grants to the Foundation from 
amounts available in the Fund for the purpose of carrying out 
projects approved under this section. 
(c)(1) Any project approved and carried out under this section 
shall be consistent with the purposes for which the park system unit 
involved was established and with any approved general manage-
ment plan applicable to that unit. Any plans for, and location and 
design of, any specific project shall be reviewed by and concurred in 
by the Director of the National Park Service. 
(2) In recommending any project under this Act with respect to 
any property listed on, or eligible for listing on the National Regis-
ter of Historic Properties, the National Park Service shall take into 
account the recommendations of the Advisory Council on Historic 
Preservation and any project affecting any such property shall be 
carried out in a manner consistent with the requirements of the 
National Historic Preservation Act (16 U.S.C. 470-470t). 
(d) The Foundation shall carry out projects under this Act, and 
expend grants made available under this Act, in accordance with 
applicable provisions of law and regulations. All grants for any 
projects to be carried out under this Act shall be in accordance with 
Circular A-110 published by the Office of Management and Budget 
applicable to Federal grants. The Foundation shall be responsible 
for managing the construction activities, including the selection of 
persons to perform architectural, engineering, construction, and 
related services. 
(e) By undertaking to administer any project under this Act, the 
Foundation shall be deemed to have agreed that all right, title, and 
interest in any visitor facility with respect to which such project is 
carried out shall be vested in the United States. The United States 
shall not be liable for any debts, defaults, acts, or omissions of the 
Foundation in connection with its activities under this Act. 
(D The Foundation shall include in its annual report to the 
Congress a description of projects undertaken under this Act and 
the Foundation's accomplishments under this Act. 
SEC. 6. AUTHORITY OF THE NATIONAL PARK FOUNDATION.—For the 
purposes of this Act, the Foundation, in addition to any other 
authorities it may have— 
(1) shall have all necessary and proper powers for exercise of 
the authorities vested in it by this Act; 
(2) may execute all instruments deemed necessary or appro-
priate in the exercise of any of its functions under this Act; and 
(3) may expend a portion of moneys received under this Act 
for such reasonable personnel and incidental expenses as are 
necessary to carry out its functions under this Act. 
PUBLIC LAW 97-433—JAN. 8, 1983 
96 STAT. 2279 
SEC. 7. RESPONSIBILITIES OF THE SECRETARY.—Nothing in this Act i6 use i9ff. 
shall affect the authorities or responsibilities of the Secretary under 
other provisions of law, including the authorities and responsibil-
ities vested in him under the Act of August 25,1916 (39 Stat. 535; 16 
U.S.C. 1, 2, 3, and 4) and under the National Park System Conces-
sions PoliQT Act (79 Stat. 969; 16 U.S.C. 20-20g). 
SEC. 8. EXPIRATION OF AUTHORITY.—The authorities contained in 1
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this Act shall expire on September 30, 1989. After that date, any 
moneys previously credited to the Fund under this Act which have 
not been appropriated, or if appropriated, which have not been 
obligated or expended, shall be transferred to miscellaneous receipts 
of the Treasury. 
Approved January 8, 1983. 
LEGISLATIVE HISTORY—H.R. 7316 (S. 2715): 
HOUSE REPORT No. 97-953 (Coram, on Interior and Insular Affairs). 
CONGRESSIONAL RECORD, Vol. 128 (1^82): 
Dec. 10, considered and passed House. 
Dec. 21, considered and passed Senate.