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[113th Congress Public Law 287]
[From the U.S. Government Printing 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. <>
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. <> 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. <> 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
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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
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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
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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.
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[[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.
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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
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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
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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
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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;
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(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.
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(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
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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
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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
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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
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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
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(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
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(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
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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‐‐
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(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
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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.
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(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
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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
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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
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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]]
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(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
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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.
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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
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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
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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
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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‐
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[[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
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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
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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
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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
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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
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(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
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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
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(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.
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(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
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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
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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
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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
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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
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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.‐‐
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[[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
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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
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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;
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(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
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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
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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
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[[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
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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,
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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
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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
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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.
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(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
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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
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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.
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(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
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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
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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.
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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
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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
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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.
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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.
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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
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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‐‐
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(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.
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(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
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[[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
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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
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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
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(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.
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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
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(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
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[[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
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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
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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
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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
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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.
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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.
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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.
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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
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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
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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;
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(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
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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
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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
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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
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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
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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.
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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
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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
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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.
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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.‐‐
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(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
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(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
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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
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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
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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
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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
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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
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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
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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
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(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
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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
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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
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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
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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;
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(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.
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(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
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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.
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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
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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.
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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,
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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
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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
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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
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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
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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
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(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
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[[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
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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
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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.
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(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
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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;
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(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
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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,
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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
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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
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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
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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.
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(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
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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
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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
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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.
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(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
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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.
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(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
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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]]
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(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.
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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
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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
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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.
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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.
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``(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, <> 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 <> 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.
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314) <> 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) <> is amended to read as follows:
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``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.‐‐
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(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
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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
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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
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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‐‐
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(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
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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]]
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(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
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(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. <> 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
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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'')
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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
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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
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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).................................
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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
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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
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``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.
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| File Type | application/pdf |
| File Modified | 2017-03-09 |
| File Created | 2017-03-09 |