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ENACTMENT OF TITLE 54—NATIONAL PARK
SERVICE AND RELATED PROGRAMS
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128 STAT. 3094
PUBLIC LAW 113–287—DEC. 19, 2014
Public Law 113–287
113th Congress
An Act
Dec. 19, 2014
[H.R. 1068]
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.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
1.
2.
3.
4.
5.
6.
7.
Table of contents.
Purpose; conformity with original intent.
Enactment of title 54, United States Code.
Conforming amendments.
Conforming cross-references.
Transitional and savings provisions.
Repeals.
54 USC note
prec. 100101.
SEC. 2. PURPOSE; CONFORMITY WITH ORIGINAL INTENT.
54 USC note
prec. 100101.
SEC. 3. ENACTMENT OF TITLE 54, UNITED STATES CODE.
(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)).
Title 54, United States Code, ‘‘National Park Service and Related
Programs’’, is enacted as follows:
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TITLE 54—NATIONAL PARK SERVICE
AND RELATED PROGRAMS
Subtitle I—National Park System
Division A—Establishment and General Administration
Chap.
1001. General Provisions ....................................................................................
1003. Establishment, Directors, and Other Employees ....................................
1005. Areas of National Park System ................................................................
1007. Resource Management .............................................................................
1009. Administration ..........................................................................................
1011. Donations ..................................................................................................
1013. Employees .................................................................................................
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Sec.
100101
100301
100501
100701
100901
101101
101301
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PUBLIC LAW 113–287—DEC. 19, 2014
128 STAT. 3095
1015. Transportation .......................................................................................... 101501
1017. Financial Agreements ............................................................................... 101701
1019. Concessions and Commercial Use Authorizations .................................. 101901
1021. Privileges and Leases ............................................................................... 102101
1023. Programs and Organizations ................................................................... 102301
1025. Museums ................................................................................................... 102501
1027. Law Enforcement and Emergency Assistance ........................................ 102701
1029. Land Transfers .......................................................................................... 102901
1031. Appropriations and Accounting ............................................................... 103101
1033. National Military Parks ........................................................................... 103301
1035 through 1047 ......................................................................................... Reserved
1049. Miscellaneous ............................................................................................ 104901
Division B—System Units and Related Areas—Reserved
Subtitle II—Outdoor Recreation Programs
2001. Coordination of Programs ......................................................................... 200101
2003. Land and Water Conservation Fund ....................................................... 200301
2005. Urban Park and Recreation Recovery Program ...................................... 200501
Subtitle III—National Preservation Programs
Division A—Historic Preservation
Subdivision 1—General Provisions
3001. Policy ......................................................................................................... 300101
3003. Definitions ................................................................................................. 300301
Subdivision 2—Historic Preservation Program
3021. National Register of Historic Places ........................................................ 302101
3023. State Historic Preservation Programs ..................................................... 302301
3025. Certification of Local Governments ......................................................... 302501
3027. Historic Preservation Programs and Authorities for Indian Tribes and 302701
Native Hawaiian Organizations.
3029. Grants ........................................................................................................ 302901
3031. Historic Preservation Fund ...................................................................... 303101
3033 Through 3037 ........................................................................................ Reserved
3039. Miscellaneous ............................................................................................ 303901
Subdivision 3—Advisory Council on Historic Preservation
3041. Advisory Council on Historic Preservation ............................................. 304101
Subdivision 4—Other Organizations and Programs
3051. Historic Light Station Preservation ......................................................... 305101
3053. National Center for Preservation Technology and Training .................. 305301
3055. National Building Museum ...................................................................... 305501
Subdivision 5—Federal Agency Historic Preservation Responsibilities
3061. Program Responsibilities and Authorities .............................................. 306101
Subdivision 6—Miscellaneous
3071. Miscellaneous ............................................................................................ 307101
Division B—Organizations and Programs
Subdivision 1—Administered by National Park Service
3081. American Battlefield Protection Program ............................................... 308101
3083. National Underground Railroad Network to Freedom ........................... 308301
3085. National Women’s Rights History Project ............................................... 308501
3087. National Maritime Heritage ..................................................................... 308701
3089. Save America’s Treasures Program ......................................................... 308901
3091. Commemoration of Former Presidents .................................................... 309101
Subdivision 2—Administered Jointly With National Park
Service
3111. Preserve America Program ...................................................................... 311101
Subdivision 3—Administered by Other Than National Park
Service
3121. National Trust for Historic Preservation in the United States .............. 312101
3123. Commission for the Preservation of America’s Heritage Abroad ........... 312301
3125. Preservation of Historical and Archeological Data ................................. 312501
Division C—American Antiquities
3201. Policy and Administrative Provisions ...................................................... 320101
3203. Monuments, Ruins, Sites, and Objects of Antiquity ............................... 320301
––––––––––––––––––––––––––––––––––––––––––––––––––––
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128 STAT. 3096
PUBLIC LAW 113–287—DEC. 19, 2014
Subtitle I—National Park System
Division A—Establishment and General
Administration
Chapter 1001—General Provisions
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Sec.
100101.
100102.
Promotion and regulation.
Definitions.
§ 100101. Promotion and regulation
(a) IN GENERAL.—The Secretary, acting through the Director
of the National Park Service, shall promote and regulate the use
of the National Park System by means and measures that conform
to the fundamental purpose of the System units, which purpose
is to conserve the scenery, natural and historic objects, and wild
life in the System units and to provide for the enjoyment of the
scenery, natural and historic objects, and wild life in such manner
and by such means as will leave them unimpaired for the enjoyment
of future generations.
(b) DECLARATIONS.—
(1) 1970 DECLARATIONS.—Congress declares that—
(A) the National Park System, which began with
establishment of Yellowstone National Park in 1872, has
since grown to include superlative natural, historic, and
recreation areas in every major region of the United States
and its territories and possessions;
(B) these areas, though distinct in character, are united
through their interrelated purposes and resources into one
National Park System as cumulative expressions of a single
national heritage;
(C) individually and collectively, these areas derive
increased national dignity and recognition of their superb
environmental quality through their inclusion jointly with
each other in one System preserved and managed for the
benefit and inspiration of all the people of the United
States; and
(D) it is the purpose of this division to include all these
areas in the System and to clarify the authorities applicable
to the System.
(2) 1978 REAFFIRMATION.—Congress reaffirms, declares, and
directs that the promotion and regulation of the various System
units shall be consistent with and founded in the purpose
established by subsection (a), to the common benefit of all
the people of the United States. The authorization of activities
shall be construed and the protection, management, and
administration of the System units shall be conducted in light
of the high public value and integrity of the System and shall
not be exercised in derogation of the values and purposes
for which the System units have been established, except as
directly and specifically provided by Congress.
§ 100102. Definitions
In this title:
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PUBLIC LAW 113–287—DEC. 19, 2014
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.
100302.
100303.
Establishment.
Directors and other employees.
Effect on other laws.
§ 100301. Establishment
There is in the Department of the Interior a service called the
National Park Service.
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§ 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.
§ 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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128 STAT. 3098
PUBLIC LAW 113–287—DEC. 19, 2014
Chapter 1005—Areas of National Park
System
Sec.
100501.
100502.
100503.
100504.
100505.
100506.
100507.
Areas included in System.
General management plans.
Five-year strategic plans.
Study and planning of park, parkway, and recreational-area facilities.
Periodic review of System.
Boundary changes to System units.
Additional areas for System.
§ 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.
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§ 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.
§ 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
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PUBLIC LAW 113–287—DEC. 19, 2014
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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§ 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 recreationalarea 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.
§ 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
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PUBLIC LAW 113–287—DEC. 19, 2014
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less often than every 3 years) submit to the Committee on Natural
Resources and the Committee on Appropriations of the House of
Representatives and the Committee on Energy and Natural
Resources and the Committee on Appropriations of the Senate
a report on the findings of the review, together with recommendations as the Secretary determines to be necessary.
(b) CONSULTATION.—In conducting and preparing the report, the
Secretary shall consult with appropriate officials of affected Federal,
State, and local agencies and national, regional, and local organizations. The consultation shall include holding public hearings that
the Secretary determines to be appropriate to provide a full opportunity for public comment.
(c) CONTENTS OF REPORT.—The report shall contain the following:
(1) A comprehensive listing of all authorized but unacquired
parcels of land within the exterior boundaries of each System
unit as of November 28, 1990.
(2) A priority listing of all those unacquired parcels by System
unit and for the System as a whole. The list shall describe
the acreage and ownership of each parcel, the estimated cost
of acquisition for each parcel (subject to any statutory acquisition limitations for the land), and the basis for the estimate.
(3) An analysis and evaluation of the current and future
needs of each System unit for resource management, interpretation, construction, operation and maintenance, personnel, and
housing, together with an estimate of the costs.
§ 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
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PUBLIC LAW 113–287—DEC. 19, 2014
128 STAT. 3101
preservation, protection, interpretation, or management of a
System unit, the Secretary may, following timely notice in
writing to the Committee on Natural Resources of the House
of Representatives and the Committee on Energy and Natural
Resources of the Senate of the Secretary’s intention to do so,
and by publication of a revised boundary map or other description in the Federal Register—
(A) make minor changes to the boundary of the System
unit, and amounts appropriated from the Fund shall be
available for acquisition of any land, water, and interests
in land or water added to the System unit by the boundary
change subject to such statutory limitations, if any, on
methods of acquisition and appropriations thereof as may
be specifically applicable to the System unit; and
(B) acquire by donation, purchase with donated funds,
transfer from any other Federal agency, or exchange, land,
water, or interests in land or water adjacent to the System
unit, except that in exercising the Secretary’s authority
under this subparagraph the Secretary—
(i) shall not alienate property administered as part
of the System to acquire land by exchange;
(ii) shall not acquire property without the consent
of the owner; and
(iii) may acquire property owned by a State or political subdivision of a State only by donation.
(2) CONSULTATION.—Prior to making a determination under
this subsection, the Secretary shall consult with the governing
body of the county, city, town, or other jurisdiction or jurisdictions having primary taxing authority over the land or interest
to be acquired as to the impacts of the proposed action.
(3) ACTION TO ADVANCE LOCAL PUBLIC AWARENESS.—The Secretary shall take such steps as the Secretary considers appropriate to advance local public awareness of the proposed action.
(4) ADMINISTRATION OF ACQUISITIONS.—Land, water, and
interests in land or water acquired in accordance with this
subsection shall be administered as part of the System unit
to which they are added, subject to the laws and regulations
applicable to the System unit.
(5) WHEN AUTHORITY APPLIES.—For the purposes of paragraph (1)(A), in all cases except the case of technical boundary
changes (resulting from such causes as survey error or changed
road alignments), the authority of the Secretary under paragraph (1)(A) shall apply only if each of the following conditions
is met:
(A) The sum of the total acreage of the land, water,
and interests in land or water to be added to the System
unit and the total acreage of the land, water, and interests
in land or water to be deleted from the System unit is
not more than 5 percent of the total Federal acreage authorized to be included in the System unit and is less than
200 acres.
(B) The acquisition, if any, is not a major Federal action
significantly affecting the quality of the human environment, as determined by the Secretary.
(C) The sum of the total appraised value of the land,
water, and interests in land or water to be added to the
System unit and the total appraised value of the land,
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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.
§ 100507. Additional areas for System
(a) MONITORING AREAS FOR INCLUSION IN SYSTEM.—The Secretary
shall investigate, study, and continually monitor the welfare of
areas whose resources exhibit qualities of national significance and
that may have potential for inclusion in the System.
(b) SUBMISSION OF LIST OF AREAS RECOMMENDED FOR STUDY
FOR POTENTIAL INCLUSION.—
(1) WHEN LIST IS TO BE SUBMITTED.—At the beginning of
each calendar year, with the annual budget submission, the
Secretary shall submit to the Committee on Natural Resources
of the House of Representatives and the Committee on Energy
and Natural Resources of the Senate a list of areas recommended for study for potential inclusion in the System.
(2) FACTORS TO BE CONSIDERED.—In developing the list to
be submitted under this subsection, the Secretary shall consider—
(A) the areas that have the greatest potential to meet
the established criteria of national significance, suitability,
and feasibility;
(B) themes, sites, and resources not already adequately
represented in the System; and
(C) public petitions and Congressional resolutions.
(3) ACCOMPANYING SYNOPSIS.—Accompanying the annual
listing of areas shall be a synopsis, for each report previously
submitted, of the current and changed condition of the resource
integrity of the area and other relevant factors, compiled as
a result of continual periodic monitoring and embracing the
period since the previous submission or initial report submission one year earlier.
(4) CONGRESSIONAL AUTHORIZATION REQUIRED.—No study of
the potential of an area for inclusion in the System may be
initiated except as provided by specific authorization of an
Act of Congress.
(5) AUTHORITY TO CONDUCT CERTAIN ACTIVITIES NOT LIMITED.—This section and sections 100901(b), 101702(b) and (c),
and 102102 of this title do not limit the authority of the
Service to conduct preliminary resource assessments, gather
data on potential study areas, provide technical and planning
assistance, prepare or process nominations for administrative
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designations, update previous studies, or complete reconnaissance surveys of individual areas requiring a total expenditure
of less than $25,000.
(6) STUDY OF RIVERS OR TRAILS NOT AFFECTED.—This section
does not apply to or affect or alter the study of—
(A) any river segment for potential addition to the
national wild and scenic rivers system; or
(B) any trail for potential addition to the national trails
system.
(c) STUDY OF AREAS FOR POTENTIAL INCLUSION.—
(1) STUDY TO BE COMPLETED WITHIN 3 YEARS.—The Secretary
shall complete the study for each area for potential inclusion
in the System within 3 complete fiscal years following the
date on which funds are first made available for that purpose.
(2) OPPORTUNITY FOR PUBLIC INVOLVEMENT REQUIRED.—Each
study under this section shall be prepared with appropriate
opportunity for public involvement, including at least one public
meeting in the vicinity of the area under study, and after
reasonable efforts to notify potentially affected landowners and
State and local governments.
(3) CONSIDERATIONS.—In conducting the study, the Secretary
shall consider whether the area under study—
(A) possesses nationally significant natural or cultural
resources and represents one of the most important examples of a particular resource type in the country; and
(B) is a suitable and feasible addition to the System.
(4) SCOPE OF STUDY.—Each study—
(A) with regard to the area being studied, shall consider—
(i) the rarity and integrity of the resources;
(ii) the threats to those resources;
(iii) whether similar resources are already protected
in the System or in other public or private ownership;
(iv) the public use potential;
(v) the interpretive and educational potential;
(vi) costs associated with acquisition, development,
and operation;
(vii) the socioeconomic impacts of any designation;
(viii) the level of local and general public support;
and
(ix) whether the area is of appropriate configuration
to ensure long-term resource protection and visitor use;
(B) shall consider whether direct Service management
or alternative protection by other public agencies or the
private sector is appropriate for the area;
(C) shall identify what alternative or combination of
alternatives would in the professional judgment of the
Director be most effective and efficient in protecting significant resources and providing for public enjoyment; and
(D) may include any other information that the Secretary
considers to be relevant.
(5) COMPLIANCE WITH NATIONAL ENVIRONMENTAL POLICY ACT
OF 1969.—Each study shall be completed in compliance with
the National Environmental Policy Act of 1969 (42 U.S.C. 4321
et seq.).
(6) RECOMMENDATION OF PREFERRED MANAGEMENT OPTION.—
The letter transmitting each completed study to Congress shall
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PUBLIC LAW 113–287—DEC. 19, 2014
contain a recommendation regarding the Secretary’s preferred
management option for the area.
(d) LIST OF AREAS PREVIOUSLY STUDIED.—
(1) SUBMISSION OF LIST.—At the beginning of each calendar
year, with the annual budget submission, the Secretary shall
submit to the Committee on Natural Resources of the House
of Representatives and the Committee on Energy and Natural
Resources of the Senate, in numerical order of priority for
addition to the System—
(A) a list of areas that have been previously studied
that contain primarily historical resources; and
(B) a list of areas that have been previously studied
that contain primarily natural resources.
(2) CONSIDERATIONS.—In developing the lists, the Secretary
should consider threats to resource values, cost escalation factors, and other factors listed in subsection (c).
(3) AREAS ELIGIBLE FOR INCLUSION.—The Secretary should
include on the lists only areas for which the supporting data
are current and accurate.
(e) LIST OF AREAS THAT EXHIBIT DANGER OR THREATS TO THE
INTEGRITY OF THEIR RESOURCES.—At the beginning of each fiscal
year, the Secretary shall submit to the Speaker of the House of
Representatives and the President of the Senate a complete and
current list of all areas listed on the Registry of Natural Landmarks,
and areas of national significance listed on the National Register
of Historic places, that exhibit known or anticipated damage or
threats to the integrity of their resources, with notations as to
the nature and severity of the damage or threats.
(f) REPORTS AND LISTINGS PRINTED AS HOUSE DOCUMENTS.—
Each report and annual listing described in this section shall be
printed as a House document. If adequate supplies of previously
printed identical reports remain available, newly submitted identical reports shall be omitted from printing on receipt by the
Speaker of the House of Representatives of a joint letter from
the chairman of the Committee on Natural Resources of the House
of Representatives and the chairman of the Committee on Energy
and Natural Resources of Senate indicating that to be the case.
(g) DESIGNATION OF OFFICE.—The Secretary shall designate a
single office to prepare all new area studies and to implement
other functions under this section.
(h) AUTHORIZATION OF APPROPRIATIONS.—
(1) STUDIES OF POTENTIAL NEW SYSTEM UNITS AND MONITORING THE WELFARE OF SYSTEM UNIT RESOURCES.—To carry
out studies for potential new System units and for monitoring
the welfare of historical and natural resources referred to in
subparagraphs (A) and (B) of subsection (d)(1), there is authorized to be appropriated not more than $1,000,000 for each
fiscal year.
(2) MONITORING WELFARE AND INTEGRITY OF NATIONAL LANDMARKS.—To monitor the welfare and integrity of the national
landmarks, there is authorized to be appropriated not more
than $1,500,000 for each fiscal year.
(3) CARRYING OUT SUBSECTIONS (b), (c), and (g).—To carry
out subsections (b), (c), and (g), there is authorized to be appropriated $2,000,000 for each fiscal year.
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PUBLIC LAW 113–287—DEC. 19, 2014
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
§ 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.
§ 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.
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§ 100703. Cooperative study units
The Secretary shall enter into cooperative agreements with colleges and universities, including land grant schools, in partnership
with other Federal and State agencies, to establish cooperative
study units to conduct multi-disciplinary research and develop
integrated information products on the resources of the System,
or the larger region of which System units are a part.
§ 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
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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.
§ 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.
§ 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.
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§ 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
§ 100721. Definitions
In this subchapter:
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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.
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§ 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.
§ 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,
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128 STAT. 3108
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destruction, loss, or injury to a System unit resource would have
occurred, may bring a civil action in United States district court
against any person or instrumentality that may be liable under
section 100722 of this title for response costs and damages. The
Secretary shall submit a request for the civil action to the Attorney
General whenever a person may be liable or an instrumentality
may be liable in rem for those costs and damages under section
100722 of this title.
(b) RESPONSE ACTIONS AND ASSESSMENT OF DESTRUCTION, LOSS,
OR INJURY.—
(1) ACTIONS TO PREVENT OR MINIMIZE DESTRUCTION, LOSS,
OR INJURY.—The Secretary shall undertake all necessary
actions to—
(A) prevent or minimize the destruction, loss of, or injury
to System unit resources; or
(B) minimize the imminent risk of destruction, loss, or
injury to System unit resources.
(2) ASSESSMENT AND MONITORING.—The Secretary shall
assess and monitor destruction, loss, or injury to System unit
resources.
§ 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.
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§ 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.
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PUBLIC LAW 113–287—DEC. 19, 2014
128 STAT. 3109
Subchapter III—Mining Activity Within
System Units
§ 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.
§ 100732. Preservation and management of System units by
Secretary; promulgation of regulations
To preserve for the benefit of present and future generations
the pristine beauty of System units, and to further the purposes
of section 100101(a), chapter 1003, and sections 100751(a), 100752,
100753, and 102101 of this title and the individual organic Acts
for the System units, all activities resulting from the exercise of
mineral rights on patented or unpatented mining claims within
any System unit shall be subject to such regulations prescribed
by the Secretary as the Secretary considers necessary or desirable
for the preservation and management of the System units.
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§ 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.
§ 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.
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128 STAT. 3110
PUBLIC LAW 113–287—DEC. 19, 2014
§ 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.
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§ 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.
§ 100737. Financial disclosure by officer or employee of Secretary
(a) WRITTEN STATEMENTS.—Each officer or employee of the Secretary who—
(1) performs any function or duty under this subchapter,
or any Act amended by the Mining in the Parks Act (Public
Law 94–429, 90 Stat. 1342) concerning the regulation of mining
in the System; and
(2) has any known financial interest—
(A) in any person subject to this subchapter or any Act
amended by the Mining in the Parks Act (Public Law
94–429, 90 Stat. 1342); or
(B) in any person who holds a mining claim within the
boundary of any System unit;
shall annually file with the Secretary a written statement concerning all such interests held by the officer or employee during
the preceding calendar year. The statement shall be available to
the public.
(b) MONITORING AND ENFORCEMENT PROCEDURES.—The Secretary
shall—
(1) define the term ‘‘known financial interest’’ for purposes
of subsection (a);
(2) establish the methods by which the requirement to file
written statements specified in subsection (a) will be monitored
and enforced, including appropriate provisions for the filing
by the officers and employees of the statements and the review
by the Secretary of the statements; and
(3) submit to Congress on June 1 of each year a report
with respect to the disclosures and the actions taken in regard
to the disclosures during the preceding calendar year.
(c) EXEMPTIONS.—In the rules prescribed under subsection (b),
the Secretary may identify specific positions within the Department
of the Interior that are of a nonregulatory or nonpolicymaking
nature and provide that officers or employees occupying those positions shall be exempt from the requirements of this section.
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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
§ 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.
§ 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.
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§ 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.
§ 100754. Relinquishment of legislative jurisdiction
(a) IN GENERAL.—Notwithstanding any other provision of law,
the Secretary may relinquish to a State or a territory (including
a possession) of the United States part of the legislative jurisdiction
of the United States over System land or interests in land in
that State or territory. Relinquishment may be accomplished—
(1) by filing with the chief executive official of the State
or territory a notice of relinquishment to take effect on acceptance; or
(2) as the laws of the State or territory may otherwise provide.
(b) SUBMISSION OF AGREEMENT TO CONGRESS.—Prior to consummating a relinquishment under subsection (a), the Secretary shall
submit the proposed agreement to the Committee on Energy and
Natural Resources of the Senate and the Committee on Natural
Resources of the House of Representatives. The Secretary shall
not finalize the agreement until 60 calendar days after the submission has elapsed.
(c) CONCURRENT LEGISLATIVE JURISDICTION.—The Secretary shall
diligently pursue the consummation of arrangements with each
State or territory within which a System unit is located so that
insofar as practicable the United States shall exercise concurrent
legislative jurisdiction within System units.
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§ 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
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Sec.
100901.
100902.
100903.
100904.
100905.
100906.
Authority of Secretary to carry out certain activities.
Rights of way for public utilities and power and communication facilities.
Solid waste disposal operations.
Admission and special recreation use fees.
Commercial filming.
Advisory committees.
§ 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 Governmentowned passenger motor vehicles used by the Service, where assigned
duties necessitate long periods in automobiles or in regions of
the United States where high temperatures and humidity are
common and prolonged.
(d) UTILITY FACILITIES.—The Secretary may erect and maintain
fire protection facilities, water lines, telephone lines, electric lines,
and other utility facilities adjacent to any System unit, where
necessary, to provide service in the System unit.
(e) SUPPLIES AND RENTAL OF EQUIPMENT.—The Secretary may
furnish, on a reimbursement of appropriation basis, supplies, and
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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.
§ 100902. Rights of way for public utilities and power and
communication facilities
(a) PUBLIC UTILITIES.—
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PUBLIC LAW 113–287—DEC. 19, 2014
(1) IN GENERAL.—Under regulations the Secretary prescribes,
the Secretary may grant a right of way through a System
unit to a citizen, association, or corporation of the United States
that intends to use the right of way for—
(A) electrical plants, poles, and lines for the generation
and distribution of electrical power;
(B) telephone and telegraph purposes; and
(C) canals, ditches, pipes and pipe lines, flumes, tunnels,
or other water conduits and water plants, dams, and reservoirs used to promote irrigation or mining or quarrying,
or the manufacturing or cutting of timber or lumber, or
the supplying of water for domestic, public, or any other
beneficial uses.
(2) EXTENT OF RIGHT OF WAY.—A right of way under this
subsection shall be for—
(A) the ground occupied by the canals, ditches, flumes,
tunnels, reservoirs, or other water conduits or water plants,
or electrical or other works permitted under paragraph
(1); and
(B) not more than 50 feet—
(i) on each side of the marginal limits of the ground;
or
(ii) on each side of the center line of the pipes and
pipe lines, electrical, telegraph, and telephone lines
and poles.
(3) APPROVAL.—A right of way under this subsection shall
be allowed within or through a System unit only on the approval
of the Secretary and on a finding that the right of way is
not incompatible with the public interest.
(4) REVOCATION.—The Secretary may revoke a right of way
under this subsection.
(5) RIGHT, EASEMENT, OR INTEREST NOT CONFERRED.—A right
of way under this subsection does not confer any right, easement, or interest in, to, or over a System unit.
(b) POWER AND COMMUNICATION FACILITIES.—
(1) IN GENERAL.—Under regulations the Secretary prescribes,
the Secretary may grant a right of way over, across, and on
through a System unit to a citizen, association, or corporation
of the United States that intends to use the right of way
for—
(A) electrical poles and lines for the transmission and
distribution of electrical power;
(B) poles and lines for communication purposes; and
(C) radio, television, and other forms of communication
transmitting, relay, and receiving structures and facilities.
(2) EXTENT OF RIGHT OF WAY.—A right of way under this
subsection—
(A) shall be for not more than 50 years from the date
the right of way is granted; and
(B) for—
(i) lines and poles shall be for 200 feet on each
side of the center line of the lines and poles; and
(ii) radio, television, and other forms of communication transmitting, relay, and receiving structures and
facilities shall be for not more than 400 feet by 400
feet.
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(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.
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§ 100903. Solid waste disposal operations
(a) IN GENERAL—To protect the air, land, water, and natural
and cultural values of the System and the property of the United
States in the System, no solid waste disposal site (including any
site for the disposal of domestic or industrial solid waste) may
be operated within the boundary of any System unit, other than—
(1) a site that was operating as of September 1, 1984; or
(2) a site used only for disposal of waste generated within
that System unit so long as the site will not degrade any
of the natural or cultural resources of the System unit.
(b) REGULATIONS.—The Secretary shall prescribe regulations to
carry out this section, including reasonable regulations to mitigate
the adverse effects of solid waste disposal sites in operation as
of September 1, 1984, on property of the United States.
§ 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
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with subparagraph (B) of this subsection and 50 percent
shall be allocated in accordance with subparagraph (C).
(B) ALLOCATION BASED ON EXPENSES.—The amount allocated to each System unit under this paragraph for each
fiscal year based on expenses shall be a fraction of the
total allocation to all System units under this paragraph.
The fraction for each System unit shall be determined
by dividing the operating expenses at that System unit
during the prior fiscal year by the total operating expenses
at all System units during the prior fiscal year.
(C) ALLOCATION BASED ON FEES COLLECTED.—The
amount allocated to each System unit under this paragraph
for each fiscal year based on fees collected shall be a
fraction of the total allocation to all System units under
this paragraph. The fraction for each System unit shall
be determined by dividing the user fees and admission
fees collected under this section at that System unit during
the prior fiscal year by the total of user fees and admission
fees collected under this section at all System units during
the prior fiscal year.
(3) AVAILABILITY OF AMOUNTS.—Amounts allocated under this
subsection to any System unit for any fiscal year and not
expended in that fiscal year shall remain available for expenditure at that System unit until expended.
(c) SELLING OF PERMITS.—
(1) AUTHORITY TO SELL PERMITS.—When authorized by the
Secretary, volunteers at System units may sell permits and
collect fees authorized or established pursuant to this section.
The Secretary shall ensure that the volunteers have adequate
training regarding—
(A) the sale of permits and the collection of fees;
(B) the purposes and resources of the System units in
which they are assigned; and
(C) the provision of assistance and information to visitors
to the System unit.
(2) SURETY BOND REQUIRED.—The Secretary shall require
a surety bond for any such volunteer performing services under
this subsection. Funds available to the Service may be used
to cover the cost of the surety bond. The Secretary may enter
into arrangements with qualified public or private entities
pursuant to which the entities may sell (without cost to the
United States) annual admission permits (including Golden
Eagle Passports) at any appropriate location. The arrangements
shall require each such entity to reimburse the United States
for the full amount to be received from the sale of the permits
at or before the Secretary delivers the permits to the entity
for sale.
(d) CHARGE FOR TRANSPORTATION PROVIDED BY SERVICE FOR
VIEWING SYSTEM UNITS.—
(1) CHARGE WHEN TRANSPORTATION PROVIDED.—Where the
Service provides transportation to view all or a portion of
any System unit, the Director may impose a charge for the
service in lieu of an admission fee under this section.
(2) RETENTION OF CHARGE AND USE OF RETAINED AMOUNT.—
Notwithstanding any other provision of law, half of the charges
imposed under paragraph (1) shall be retained by the System
unit at which the service was provided. The remainder shall
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be deposited in the same manner as receipts from fees collected
pursuant to this section. Fifty percent of the amount retained
shall be expended only for maintenance of transportation systems at the System unit where the charge was imposed. The
remaining 50 percent of the retained amount shall be expended
only for activities related to resource protection at those System
units.
(e) ADMISSION FEES.—Where the primary public access to a
System unit is provided by a concessioner, the Secretary may charge
an admission fee at the System unit only to the extent that the
total of the fee charged by the concessioner for access to the System
unit and the admission fee does not exceed the maximum amount
of the admission fee that could otherwise be imposed.
(f) COMMERCIAL TOUR USE FEES.—
(1) ESTABLISHMENT.—In the case of each System unit for
which an admission fee is charged under this section, the
Secretary shall establish a commercial tour use fee to be
imposed on each vehicle entering the System unit for the purpose of providing commercial tour services within the System
unit.
(2) AMOUNT.—The Secretary shall establish the amount of
fee per entry as follows:
(A) Twenty-five dollars per vehicle with a passenger
capacity of 25 individuals or less.
(B) Fifty dollars per vehicle with a passenger capacity
of more than 25 individuals.
(3) ADJUSTMENTS.—The Secretary may periodically make
reasonable adjustments to the commercial tour use fee imposed
under this subsection.
(4) NONAPPLICABILITY.—The commercial tour use fee imposed
under this subsection shall not apply to the following:
(A) Any vehicle transporting organized school groups or
outings conducted for educational purposes by schools or
other bona fide educational institutions.
(B) Any vehicle entering a System unit pursuant to a
contract issued under subchapter II of chapter 1019 of
this title.
(5) APPLICABILITY.—This subsection shall apply to aircraft
entering the airspace of—
(A) Haleakala¯ Crater, Crater Cabins, the Scientific
Research Reserve, Halemauu Trail, Kaupo Gap Trail, or
any designated tourist viewpoint in Haleakala¯ 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).
§ 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:
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(A) The number of days the filming activity or similar
project takes place in the System unit.
(B) The size of the film crew present in the System
unit.
(C) The amount and type of equipment present in the
System unit.
(2) OTHER FACTORS.—The Secretary may include other factors
in determining an appropriate fee as the Secretary considers
necessary.
(b) RECOVERY OF COSTS.—The Secretary shall collect any costs
incurred as a result of filming activities or similar projects,
including administrative and personnel costs. All costs recovered
shall be in addition to the fee assessed in subsection (a).
(c) STILL PHOTOGRAPHY.—
(1) IN GENERAL.—Except as provided in paragraph (2), the
Secretary shall not require a permit or assess a fee for still
photography in a System unit if the photography takes place
where members of the public are generally allowed. The Secretary may require a permit, assess a fee, or both, if the
photography takes place at other locations where members
of the public are generally not allowed, or where additional
administrative costs are likely.
(2) EXCEPTION.—The Secretary shall require and shall establish a reasonable fee for still photography that uses models
or props that are not a part of the site’s natural or cultural
resources or administrative facilities.
(d) PROTECTION OF RESOURCES.—The Secretary shall not permit
any filming, still photography or other related activity if the Secretary determines that—
(1) there is a likelihood of resource damage;
(2) there would be an unreasonable disruption of the public’s
use and enjoyment of the site; or
(3) the activity poses health or safety risks to the public.
(e) USE OF PROCEEDS.—
(1) FEES.—All fees collected under this section shall be available for expenditure by the Secretary, without further appropriation and shall remain available until expended.
(2) COSTS.—All costs recovered under this section shall be
available for expenditure by the Secretary, without further
appropriation, at the site where the costs are collected and
shall remain available until expended.
(f) PROCESSING OF PERMIT APPLICATIONS.—The Secretary shall
establish a process to ensure that the Secretary responds in a
timely manner to permit applicants for commercial filming, still
photography, or other activity.
§ 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.
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(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
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§ 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.
§ 101102. Authority to accept and use funds to consolidate
Federal land ownership
(a) IN GENERAL.—The Secretary may—
(1) accept and use funds that may be donated in order to
consolidate Federal land ownership within the existing boundaries of any System unit; and
(2) encourage the donation of funds for that purpose, subject
to the condition that donated funds are to be expended for
purposes of this section only if Federal funds in an amount
equal to the amount of the donated funds are appropriated
for the purposes of this section.
(b) AUTHORIZATION OF APPROPRIATIONS.—There are authorized
to be appropriated for each fiscal year not more than $500,000
to match funds that are donated for those purposes.
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Subchapter II—National Park Foundation
§ 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.
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§ 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.
§ 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.
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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.
§ 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.
§ 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.
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§ 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.
§ 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.
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§ 101118. Tax exemptions; contributions toward costs of local
government; contributions, gifts, or transfers to
or for use of United States
(a) TAX EXEMPTION.—The National Park Foundation and any
income or property received or owned by it, and all transactions
relating to that income or property, shall be exempt from all Federal, State, and local taxation.
(b) CONTRIBUTIONS IN LIEU OF TAXES.—The National Park
Foundation may—
(1) contribute toward the costs of local government in
amounts not in excess of those which it would be obligated
to pay that government if it were not exempt from taxation
by virtue of subsection (a) or by virtue of its being a charitable
and nonprofit corporation; and
(2) agree to contribute with respect to property transferred
to it and the income derived from the property if the agreement
is a condition of the transfer.
(c) TRANSFERS DEEMED TO BE TO OR FOR THE USE OF UNITED
STATES.—Contributions, gifts, and other transfers made to or for
the use of the Foundation shall be deemed to be contributions,
gifts, or transfers to or for the use of the United States.
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§ 101119. Liability of United States
The United States shall not be liable for any debts, defaults,
acts, or omissions of the National Park Foundation.
§ 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 managementimproving 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—
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(A) a nonprofit support organization or friends group
to modify current practices or to affiliate with the National
Park Foundation; or
(B) a local nonprofit support organization, established
as a result of this section, to be bound through its charter
or corporate bylaws to be permanently affiliated with the
National Park Foundation.
(2) ESTABLISHMENT.—An affiliation with the National Park
Foundation shall be established only at the discretion of the
governing board of a nonprofit organization.
Chapter 1013—Employees
Subchapter I—General Provisions
Sec.
101301. Maintenance management system.
101302. Authority of Secretary to carry out certain activities.
101303. Medical attention for employees.
101304. Personal equipment and property.
101305. Travel expenses of System employees and dependents of deceased employees.
Subchapter II—Service Career Development, Training, and Management
101321. Service employee training.
101322. Management development and training.
Subchapter III—Housing Improvement
101331. Definitions.
101332. General authority of Secretary.
101333. Criteria for providing housing.
101334. Authorization for housing agreements.
101335. Housing programs.
101336. Contracts for the management of field employee quarters.
101337. Leasing of seasonal employee quarters.
101338. General leasing provisions.
101339. Assessment and priority listing.
101340. Use of funds.
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Subchapter I—General Provisions
§ 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.
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(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.
§ 101302. Authority of Secretary to carry out certain activities
(a) IN GENERAL.—To facilitate the administration of the System,
the Secretary, under such terms and conditions as the Secretary
may consider advisable, may carry out the activities described in
this section.
(b) TRANSPORTATION.—The Secretary may provide transportation
of employees located at an isolated area of the System and to
members of their families, if—
(1) the area is not adequately served by commercial transportation; and
(2) the transportation is incidental to official transportation
services.
(c) RECREATION FACILITIES, EQUIPMENT, AND SERVICES.—The Secretary may provide recreation facilities, equipment, and services
for use by employees and their families located at an isolated
area of the System.
(d) FIELD AND SPECIAL PURPOSE EQUIPMENT.—The Secretary may
purchase field and special purpose equipment required by employees
for the performance of assigned functions. The purchased equipment
shall be regarded and listed as System equipment.
(e) MEALS AND LODGING.—The Secretary may provide meals and
lodging, as the Secretary considers appropriate, for members of
the United States Park Police and other employees of the Service,
as the Secretary may designate, serving temporarily on extended
special duty in System units. For this purpose the Secretary may
use funds appropriated for the expenses of the Department of
the Interior.
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§ 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.
§ 101304. Personal equipment and property
(a) PURCHASE OF PERSONAL EQUIPMENT AND SUPPLIES.—The Secretary may purchase personal equipment and supplies for employees
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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.
§ 101305. Travel expenses of System employees and dependents of deceased employees
In the administration of the System, the Secretary may, under
regulations the Secretary may prescribe, pay the travel expenses
(including the costs of packing, crating, and transporting (including
draying) personal property) of—
(1) employees, on permanent change of station of the
employees; and
(2) dependents of deceased employees—
(A) to the nearest housing reasonably available that is
of a standard not less than that which is vacated, including
compensation for not to exceed 60 days rental cost, in
the case of an employee who occupied Federal Government
housing and whose death requires the housing to be
promptly vacated; and
(B) to the nearest port of entry in the conterminous
48 States in the case of an employee whose last permanent
station was outside the conterminous 48 States.
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Subchapter II—Service Career
Development, Training, and Management
§ 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.
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§ 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
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§ 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.
§ 101332. General authority of Secretary
(a) RENTAL HOUSING.—To enhance the ability of the Secretary,
acting through the Director, to effectively manage System units,
the Secretary may where necessary and justified—
(1) make available employee housing, on or off land under
the administrative jurisdiction of the Service; and
(2) rent that housing to field employees at rates based on
the reasonable value of the housing in accordance with requirements applicable under section 5911 of title 5.
(b) JOINT DEVELOPMENT AUTHORITY.—The Secretary may use
authorities granted by statute in combination with one another
in the furtherance of providing where necessary and justified affordable field employee housing.
(c) CONSTRUCTION LIMITATIONS ON FEDERAL LAND.—The Secretary may not utilize any land for the purposes of providing field
employee housing under this subchapter that will affect a primary
resource value of the area or adversely affect the mission of the
Service.
(d) RENTAL RATES.—To the extent practicable, the Secretary shall
establish rental rates for all quarters occupied by field employees
of the Service that are based on the reasonable value of the quarters
in accordance with requirements applicable under section 5911
of title 5.
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§ 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.
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§ 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.
§ 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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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.
§ 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.
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§ 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.
§ 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.
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(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.
§ 101339. Assessment and priority listing
The Secretary shall—
(1) complete a condition assessment for all field employee
housing, including the physical condition of the housing and
the necessity and suitability of the housing for carrying out
the mission of the Service, using existing information; and
(2) develop a Service-wide priority listing, by structure, identifying the units in greatest need for repair, rehabilitation,
replacement, or initial construction.
§ 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.
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Subchapter I—Airports
§ 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.
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PUBLIC LAW 113–287—DEC. 19, 2014
(2) INCLUSION IN NATIONAL PLAN.—The Secretary shall not
acquire, establish, or construct an airport under this section
unless the airport is included in the national plan of integrated
airport systems formulated by the Secretary of Transportation
pursuant to section 47103 of title 49.
(3) OPERATION AND MAINTENANCE MUST ACCORD WITH STANDARDS AND REGULATIONS OF SECRETARY OF TRANSPORTATION.—
The operation and maintenance of airports under this section
shall be in accordance with the standards and regulations prescribed by the Secretary of Transportation.
(c) AUTHORITY OF SECRETARY.—
(1) IN GENERAL.—To carry out this section, the Secretary
may—
(A) acquire necessary land and interests in or over land;
(B) contract for the construction, improvement, operation,
and maintenance of airports and incidental facilities;
(C) enter into agreements with other public agencies
providing for the construction, operation, or maintenance
of airports by those agencies or jointly by the Secretary
and those agencies on mutually satisfactory terms; and
(D) enter into other agreements and take other action
with respect to the airports as may be necessary to carry
out this section.
(2) CONSENT REQUIRED.—This section does not authorize the
Secretary to acquire any land, or interest in or over land,
by purchase, condemnation, grant, or lease, without first
obtaining the consent of the Governor of the State, and the
consent of the chief executive official of the State political
subdivision, in which the land is located.
(d) AUTHORIZATION TO SPONSOR AIRPORT PROJECTS.—To carry
out this section, the Secretary may—
(1) sponsor projects under subchapter I of chapter 471 of
title 49 independently or jointly with other public agencies;
and
(2) use, for payment of the sponsor’s share of the project
costs of those projects, any funds that may be—
(A) contributed or otherwise made available to the Secretary for those purposes; or
(B) appropriated or otherwise specifically authorized for
that purpose.
(e) JURISDICTION OVER AIRPORTS.—All airports under the jurisdiction of the Secretary, unless otherwise specifically provided by
law, shall be operated as public airports, available for public use
on fair and reasonable terms and without unjust discrimination.
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Subchapter II—Roads and Trails
§ 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
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is to carry System unit travel and that lead across land
at least 90 percent owned by the Federal Government
and that will connect the highways within a System unit
with a convenient point on or leading to the National
Highway System.
(B) LIMIT ON LENGTH OF APPROACH ROADS.—
(i) IN GENERAL.—A designated approach road shall
not exceed—
(I) 60 miles in length between a System unit
gateway and a point on or leading to the nearest
convenient National Highway System road; or
(II) 30 miles in length if the approach road is
on the National Highway System.
(ii) COUNTY LIMIT.—Not to exceed 40 miles of any
one approach road shall be designated in any one
county.
(C) SUPPLEMENTARY PART OF SYSTEM UNIT HIGHWAY
SYSTEM.—An approach road designated for a System unit
shall be treated as a supplementary part of the highway
system of the System unit.
(2) CONSTRUCTION, RECONSTRUCTION, AND IMPROVEMENT.—
(A) IN GENERAL.—The Secretary may construct,
reconstruct, and improve approach roads designated under
paragraph (1) (including bridges) and enter into agreements
for the maintenance of the approach roads by State or
county authorities or to maintain the approach roads when
otherwise necessary.
(B) ANNUAL ALLOCATION.—Not more than $1,500,000
shall be allocated annually for the construction, reconstruction, and improvement of System unit approach roads.
(3) APPROVAL OF SECRETARY OF AGRICULTURE REQUIRED.—
When an approach road is proposed under this section across
or within any national forest, the Secretary shall secure the
approval of the Secretary of Agriculture before construction
begins.
(c) AGREEMENT WITH SECRETARY OF TRANSPORTATION.—Under
agreement with the Secretary, the Secretary of Transportation may
carry out any provision of this section.
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§ 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.
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(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.
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Subchapter III—Public Transportation
Programs for System Units
§ 101521. Transportation service and facility programs
(a) FORMULATION OF PLANS AND IMPLEMENTATION OF PROJECTS.—
The Secretary may formulate transportation plans and implement
transportation projects where feasible pursuant to those plans for
System units.
(b) CONTRACTS, OPERATIONS, AND ACQUISITIONS FOR IMPROVEMENT OF ACCESS TO SYSTEM UNITS.—
(1) AUTHORITY OF SECRETARY.—To carry out subsection (a),
the Secretary may—
(A) contract with public or private agencies or carriers
to provide transportation services, capital equipment, or
facilities to improve access to System units;
(B) operate those services directly in the absence of suitable and adequate agencies or carriers;
(C) acquire, by purchase, lease, or agreement, capital
equipment for those services; and
(D) where necessary to carry out this subchapter, acquire,
by lease, purchase, donation, exchange, or transfer, land,
water, or an interest in land or water that is situated
outside the boundary of a System unit.
(2) SPECIFIC PROVISIONS RELATED TO PROPERTY ACQUISITION.—
(A) ADMINISTRATION.—The acquired property shall be
administered as part of the System unit.
(B) ACQUISTION OF LAND OR INTERESTS IN LAND OWNED
BY STATE OR POLITICAL SUBDIVISION.—Any land or interests
in land owned by a State or any of its political subdivisions
may be acquired only by donation.
(C) ACQUISITION SUBJECT TO STATUTORY LIMITATIONS.—
Any land acquisition shall be subject to any statutory
limitations on methods of acquisition and appropriations
as may be specifically applicable to the area.
(c) ESTABLISHMENT OF INFORMATION PROGRAMS.—The Secretary
shall establish information programs to inform the public of available System unit access opportunities and to promote the use of
transportation modes other than personal motor vehicles for access
to and travel within the System units.
(d) UNDERTAKING TRANSPORTATION FACILITIES AND SERVICES.—
Transportation facilities and services provided pursuant to this
subchapter may be undertaken by the Secretary directly or by
contract without regard to any requirement of Federal, State, or
local law respecting determinations of public convenience and necessity or other similar matters. The Secretary or contractor shall
consult with the appropriate State or local public service commission
or other body having authority to issue certificates of convenience
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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.
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§ 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.
§ 101523. Procedures applicable to transportation plans and
projects
(a) DURING FORMULATION OF PLAN.—The Secretary shall, during
the formulation of any transportation plan authorized pursuant
to section 101521 of this title—
(1) give public notice of intention to formulate the plan by
publication in the Federal Register and in a newspaper or
periodical having general circulation in the vicinity of the
affected System unit; and
(2) following the notice, hold a public meeting at a location
convenient to the affected System unit.
(b) PRIOR TO IMPLEMENTATION OF PROJECT.—Prior to the
implementation of any project developed pursuant to the transportation plan formulated pursuant to subsection (a), the Secretary
shall—
(1) establish procedures, including public meetings, to give
State and local governments and the public adequate notice
and an opportunity to comment on the proposed transportation
project; and
(2) when the proposed project would involve an expenditure
in excess of $100,000 in any fiscal year, submit a detailed
report to the Committee on Energy and Natural Resources
of the Senate and the Committee on Natural Resources of
the House of Representatives.
(c) WAITING PERIOD.—When a report on a project is required
under subsection (b)(2), the Secretary may proceed with the
implementation of the project only after 60 days (not counting
days on which the Senate or House of Representatives has
adjourned for more than 3 consecutive days) have elapsed following
submission of the report.
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§ 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
§ 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
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Sec.
101701.
101702.
101703.
101704.
Challenge cost-share agreement authority.
Cooperative agreements.
Cooperative management agreements.
Reimbursable agreements.
§ 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 costshare agreements, the Secretary may provide the Federal funding
share from any funds available to the Service.
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§ 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—
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(i) the preservation, conservation, and restoration
of coastal and riparian systems, watersheds, and wetlands;
(ii) preventing, controlling, or eradicating invasive
exotic species that are within a System unit or adjacent
to a System unit; or
(iii) restoration of natural resources, including native
wildlife habitat or ecosystems;
(B) include a statement of purpose demonstrating how
the agreement will—
(i) enhance science-based natural resource stewardship at the System unit; and
(ii) benefit the parties to the agreement;
(C) specify any staff required and technical assistance
to be provided by the Secretary or other parties to the
agreement in support of activities inside and outside the
System unit that will—
(i) protect natural resources of the System unit; and
(ii) benefit the parties to the agreement;
(D) identify any materials, supplies, or equipment and
any other resources that will be contributed by the parties
to the agreement or by other Federal agencies;
(E) describe any financial assistance to be provided by
the Secretary or the partners to implement the agreement;
(F) ensure that any expenditure by the Secretary pursuant to the agreement is determined by the Secretary to
support the purposes of natural resource stewardship at
a System unit; and
(G) include such other terms and conditions as are agreed
to by the Secretary and the other parties to the agreement.
(3) LIMITATIONS.—The Secretary shall not use any funds associated with an agreement entered into under paragraph (1)
for the purposes of land acquisition, regulatory activity, or
the development, maintenance, or operation of infrastructure,
except for ancillary support facilities that the Secretary determines to be necessary for the completion of projects or activities
identified in the agreement.
§ 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.
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(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.
§ 101704. Reimbursable agreements
(a) IN GENERAL.—In carrying out work under reimbursable agreements with any State, local, or tribal government, the Secretary,
without regard to any provision of law or a regulation—
(1) may record obligations against accounts receivable from
those governments; and
(2) shall credit amounts received from those governments
to the appropriate account.
(b) WHEN AMOUNTS SHALL BE CREDITED.—Amounts shall be credited within 90 days of the date of the original request by the
Service for payment.
Chapter 1019—Concessions and
Commercial Use Authorizations
Subchapter I—Authority of Secretary
Sec.
101901. Utility services.
Subchapter II—Commercial Visitor Services
101911. Definitions.
101912. Findings and declaration of policy.
101913. Award of concession contracts.
101914. Term of concession contracts.
101915. Protection of concessioner investment.
101916. Reasonableness of rates and charges.
101917. Franchise fees.
101918. Transfer or conveyance of concession contracts or leasehold surrender interests.
101919. National Park Service Concessions Management Advisory Board.
101920. Contracting for services.
101921. Multiple contracts within a System unit.
101922. Use of nonmonetary consideration in concession contracts.
101923. Recordkeeping requirements.
101924. Promotion of sale of Indian, Alaska Native, Native Samoan, and Native
Hawaiian handicrafts.
101925. Commercial use authorizations.
101926. Regulations.
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Subchapter I—Authority of Secretary
§ 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.
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Subchapter II—Commercial Visitor
Services
§ 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.
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§ 101912. Findings and declaration of policy
(a) FINDINGS.—In furtherance of section 100101(a), Congress finds
that the preservation and conservation of System unit resources
and values requires that public accommodations, facilities, and
services that have to be provided within those System units should
be provided only under carefully controlled safeguards against
unregulated and indiscriminate use, so that—
(1) visitation will not unduly impair those resources and
values; and
(2) development of public accommodations, facilities, and
services within System units can best be limited to locations
that are consistent to the highest practicable degree with the
preservation and conservation of the resources and values of
the System units.
(b) DECLARATION OF POLICY.—It is the policy of Congress that
the development of public accommodations, facilities, and services
in System units shall be limited to accommodations, facilities, and
services that—
(1) are necessary and appropriate for public use and enjoyment of the System unit in which they are located; and
(2) are consistent to the highest practicable degree with the
preservation and conservation of the resources and values of
the System unit.
§ 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
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small, individually-owned entities seeking award of a concession
contract.
(2) SOLICITATION OF PROPOSALS.—Except as otherwise provided in this section, prior to awarding a new concession contract (including renewals or extensions of existing concession
contracts) the Secretary—
(A) shall publicly solicit proposals for the concession contract; and
(B) in connection with the solicitation, shall—
(i) prepare a prospectus and publish notice of its
availability at least once in local or national newspapers or trade publications, by electronic means, or
both, as appropriate; and
(ii) make the prospectus available on request to all
interested persons.
(3) INFORMATION TO BE INCLUDED IN PROSPECTUS.—The prospectus shall include the following information:
(A) The minimum requirements for the contract as set
forth in paragraph (4).
(B) The terms and conditions of any existing concession
contract relating to the services and facilities to be provided, including all fees and other forms of compensation
provided to the United States by the concessioner.
(C) Other authorized facilities or services that may be
provided in a proposal.
(D) Facilities and services to be provided by the Secretary
to the concessioner, including public access, utilities, and
buildings.
(E) An estimate of the amount of compensation due an
existing concessioner from a new concessioner under the
terms of a prior concession contract.
(F) A statement as to the weight to be given to each
selection factor identified in the prospectus and the relative
importance of those factors in the selection process.
(G) Other information related to the proposed concession
operation that is provided to the Secretary pursuant to
a concession contract or is otherwise available to the Secretary, as the Secretary determines is necessary to allow
for the submission of competitive proposals.
(H) Where applicable, a description of a preferential right
to the renewal of the proposed concession contract held
by an existing concessioner as set forth in paragraph (7).
(4) CONSIDERATION OF PROPOSALS.—
(A) MINIMUM REQUIREMENTS.—No proposal shall be
considered that fails to meet the minimum requirements
as determined by the Secretary. The minimum requirements shall include the following:
(i) The minimum acceptable franchise fee or other
forms of consideration to the Federal Government.
(ii) Any facilities, services, or capital investment
required to be provided by the concessioner.
(iii) Measures necessary to ensure the protection,
conservation, and preservation of resources of the
System unit.
(B) REJECTION OF PROPOSAL.—The Secretary shall reject
any proposal, regardless of the franchise fee offered, if
the Secretary determines that—
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(i) the person, corporation, or entity is not qualified
or is not likely to provide satisfactory service; or
(ii) the proposal is not responsive to the objectives
of protecting and preserving resources of the System
unit and of providing necessary and appropriate facilities and services to the public at reasonable rates.
(C) ALL PROPOSALS FAIL TO MEET MIMIMUM REQUIREMENTS OR ARE REJECTED.—If all proposals submitted to
the Secretary fail to meet the minimum requirements or
are rejected by the Secretary, the Secretary shall establish
new minimum contract requirements and re-initiate the
competitive selection process pursuant to this section.
(D) TERMS AND CONDITIONS MATERIALLY AMENDED OR
NOT INCORPORATED IN CONTRACT.—The Secretary may not
execute a concession contract that materially amends or
does not incorporate the proposed terms and conditions
of the concession contract as set forth in the applicable
prospectus. If proposed material amendments or changes
are considered appropriate by the Secretary, the Secretary
shall resolicit offers for the concession contract incorporating the material amendments or changes.
(5) SELECTION OF THE BEST PROPOSAL.—
(A) FACTORS IN SELECTION.—In selecting the best proposal, the Secretary shall consider the following principal
factors:
(i) The responsiveness of the proposal to the objectives of protecting, conserving, and preserving
resources of the System unit and of providing necessary
and appropriate facilities and services to the public
at reasonable rates.
(ii) The experience and related background of the
person, corporation, or entity submitting the proposal,
including the past performance and expertise of the
person, corporation or entity in providing the same
or similar facilities or services.
(iii) The financial capability of the person, corporation, or entity submitting the proposal.
(iv) The proposed franchise fee, except that consideration of revenue to the United States shall be subordinate to the objectives of protecting, conserving, and
preserving resources of the System unit and of providing necessary and appropriate facilities to the public
at reasonable rates.
(B) SECONDARY FACTORS.—The Secretary may also consider such secondary factors as the Secretary considers
appropriate.
(C) DEVELOPMENT OF REGULATIONS.—In developing regulations to implement this subchapter, the Secretary shall
consider the extent to which plans for employment of
Indians (including Native Alaskans) and involvement of
businesses owned by Indians, Indian tribes, or Native Alaskans in the operation of a concession contract should be
identified as a factor in the selection of a best proposal
under this section.
(6) CONGRESSIONAL NOTIFICATION.—
(A) IN GENERAL.—The Secretary shall submit any proposed concession contract with anticipated annual gross
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receipts in excess of $5,000,000 or a duration of more
than 10 years to the Committee on Natural Resources
of the House of Representatives and the Committee on
Energy and Natural Resources of the Senate.
(B) WAITING PERIOD.—The Secretary shall not award any
proposed concession contract to which subparagraph (A)
applies until at least 60 days subsequent to the notification
of both Committees.
(7) PREFERENTIAL RIGHT OF RENEWAL.—
(A) IN GENERAL.—Except as provided in subparagraph
(B), the Secretary shall not grant a concessioner a preferential right to renew a concession contract, or any other
form of preference to a concession contract.
(B) EXCEPTION.—The Secretary shall grant a preferential
right of renewal to an existing concessioner with respect
to proposed renewals of the categories of concession contracts described by paragraph (8), subject to the requirements of that paragraph.
(C) ENTITLEMENT TO AWARD OF NEW CONTRACT.—A
concessioner that successfully exercises a preferential right
of renewal in accordance with the requirements of this
subchapter shall be entitled to award of the proposed new
concession contract to which the preference applies.
(8) OUTFITTER AND GUIDE SERVICES AND SMALL CONTRACTS.—
(A) APPLICATION.—Paragraph (7) shall apply only to the
following:
(i) Subject to subparagraph (B), concession contracts
that solely authorize the provision of specialized
backcountry outdoor recreation guide services that
require the employment of specially trained and experienced guides to accompany System unit visitors in
the backcountry so as to provide a safe and enjoyable
experience for visitors who otherwise may not have
the skills and equipment to engage in that activity.
(ii) Subject to subparagraph (C), concession contracts
with anticipated annual gross receipts under $500,000.
(B) OUTFITTING AND GUIDE CONCESSIONERS.—
(i) DESCRIPTION.—Outfitting and guide concessioners, where otherwise qualified, include concessioners that provide guided river running, hunting,
fishing, horseback, camping, and mountaineering
experiences.
(ii) WHEN ENTITLED TO PREFERENTIAL RIGHT.—An
outfitting and guide concessioner is entitled to a preferential right of renewal under this subchapter only
if—
(I) the contract with the outfitting and guide
concessioner does not grant the concessioner any
interest, including any leasehold surrender
interest or possessory interest, in capital improvements on land owned by the United States within
a System unit, other than a capital improvement
constructed by a concessioner pursuant to the
terms of a concession contract prior to November
13, 1998, or constructed or owned by a concessioner
or the concessioner’s predecessor before the subject
land was incorporated into the System;
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(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 con-
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tract that the Secretary estimates will result in gross
annual receipts of less than $500,000 if renewed shall
be entitled to a preferential right of renewal under this
subchapter if—
(i) the Secretary has determined that the concessioner has operated satisfactorily during the term of
the contract (including any extension); and
(ii) the concessioner has submitted a responsive proposal for a proposed new concession contract that satisfies the minimum requirements established by the Secretary pursuant to paragraph (4).
(9) NEW OR ADDITIONAL SERVICES.—The Secretary shall not
grant a preferential right to a concessioner to provide new
or additional services in a System unit.
(10) AUTHORITY OF SECRETARY NOT LIMITED.—Nothing in this
subchapter shall be construed as limiting the authority of the
Secretary to determine whether to issue a concession contract
or to establish its terms and conditions in furtherance of the
policies expressed in this subchapter.
(11) EXCEPTIONS.—Notwithstanding this section, the Secretary may award, without public solicitation, the following:
(A) TEMPORARY CONTRACT.—To avoid interruption of
services to the public at a System unit, the Secretary
may award a temporary concession contract or an extension
of an existing concessions contract for a term not to exceed
3 years, except that prior to making the award, the Secretary shall take all reasonable and appropriate steps to
consider alternatives to avoid the interruption.
(B) CONTRACT IN EXTRAORDINARY CIRCUMSTANCES.—The
Secretary may award a concession contract in extraordinary
circumstances where compelling and equitable considerations require the award of a concession contract to a
particular party in the public interest. Award of a concession contract under this subparagraph shall not be made
by the Secretary until at least 30 days after—
(i) publication in the Federal Register of notice of
the Secretary’s intention to award the contract and
the reasons for the action; and
(ii) submission of notice to the Committee on Energy
and Natural Resources of the Senate and the Committee on Natural Resources of the House of Representatives.
§ 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,
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including the required construction of capital improvements, warrant a longer term.
§ 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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(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 thencurrent 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
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concession contract and shall carry over as the initial value
of the leasehold surrender interest (instead of construction cost)
an amount equal to the value of the existing possessory interest
as of the termination date of the previous concession contract.
In the event of a dispute between the concessioner and the
Secretary as to the value of the possessory interest, the matter
shall be resolved through binding arbitration.
(3) NEW CONCESSIONER AWARDED A CONTRACT.—A new
concessioner awarded a concession contract and required to
pay a prior concessioner for possessory interest in prior
improvements shall have a leasehold surrender interest in the
prior improvements. The initial value in the leasehold surrender interest (instead of construction cost) shall be an amount
equal to the value of the existing possessory interest as of
the termination date of the previous concession contract.
(4) DE NOVO REVIEW OF VALUE DETERMINATION.—If the Secretary, or either party to a value determination proceeding
conducted under a Service concession contract issued before
November 13, 1998, considers that the value determination
decision issued pursuant to the proceeding misinterprets or
misapplies relevant contractual requirements or their underlying legal authority, the Secretary or either party may seek,
within 180 days after the date of the decision, de novo review
of the value determination decision by the United States Court
of Federal Claims. The Court of Federal Claims may make
an order affirming, vacating, modifying or correcting the determination decision.
(d) TRANSITION TO SUCCESSOR CONCESSIONER.—On expiration or
termination of a concession contract entered into after November
13, 1998, a concessioner shall be entitled under the terms of the
concession contract to receive from the United States or a successor
concessioner the value of any leasehold surrender interest in a
capital improvement as of the date of the expiration or termination.
A successor concessioner shall have a leasehold surrender interest
in the capital improvement under the terms of a new concession
contract and the initial value of the leasehold surrender interest
in the capital improvement (instead of construction cost) shall be
the amount of money the new concessioner is required to pay
the prior concessioner for its leasehold surrender interest under
the terms of the prior concession contract.
(e) TITLE TO IMPROVEMENTS.—Title to any capital improvement
constructed by a concessioner on land owned by the United States
in a System unit shall be vested in the United States.
§ 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.
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The Secretary shall approve rates and charges that the Secretary determines to be reasonable and appropriate. Unless
otherwise provided in the concession contract, the reasonableness and appropriateness of rates and charges shall be determined primarily by comparison with those rates and charges
for facilities, goods, and services of comparable character under
similar conditions, with due consideration to the following factors and other factors deemed relevant by the Secretary:
(A) Length of season.
(B) Peakloads.
(C) Average percentage of occupancy.
(D) Accessibility.
(E) Availability and costs of labor and materials.
(F) Type of patronage.
(2) RATES AND CHARGES NOT TO EXCEED MARKET RATES AND
CHARGES.—Rates and charges may not exceed the market rates
and charges for comparable facilities, goods, and services, after
taking into account the factors referred to in paragraph (1).
(c) IMPLEMENTATION OF RECOMMENDATIONS.—Not later than 6
months after receiving recommendations from the Advisory Board
regarding concessioner rates and charges to the public, the Secretary shall implement the recommendations or report to Congress
the reasons for not implementing the recommendations.
§ 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
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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.
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§ 101918. Transfer or conveyance of concession contracts or
leasehold surrender interests
(a) APPROVAL OF SECRETARY.—No concession contract or leasehold
surrender interest may be transferred, assigned, sold, or otherwise
conveyed or pledged by a concessioner without prior written notification to, and approval by, the Secretary.
(b) CONDITIONS.—The Secretary shall approve a transfer or
conveyance described in subsection (a) unless the Secretary finds
that—
(1) the individual, corporation, or other entity seeking to
acquire a concession contract is not qualified or able to satisfy
the terms and conditions of the concession contract;
(2) the transfer or conveyance would have an adverse impact
on—
(A) the protection, conservation, or preservation of the
resources of the System unit; or
(B) the provision of necessary and appropriate facilities
and services to visitors at reasonable rates and charges;
and
(3) the terms of the transfer or conveyance are likely, directly
or indirectly, to—
(A) reduce the concessioner’s opportunity for a reasonable
profit over the remaining term of the concession contract;
(B) adversely affect the quality of facilities and services
provided by the concessioner; or
(C) result in a need for increased rates and charges
to the public to maintain the quality of the facilities and
services.
(c) MODIFICATION OR RENEGOTIATION OF TERMS.—The terms and
conditions of any concession contract under this section shall not
be subject to modification or open to renegotiation by the Secretary
because of a transfer or conveyance described in subsection (a)
unless the transfer or conveyance would have an adverse impact
as described in subsection (b)(2).
§ 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.—
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(1) ADVICE.—The Advisory Board shall advise on each of
the following:
(A) Policies and procedures intended to ensure that services and facilities provided by concessioners—
(i) are necessary and appropriate;
(ii) meet acceptable standards at reasonable rates
with a minimum of impact on System unit resources
and values; and
(iii) provide the concessioners with a reasonable
opportunity to make a profit.
(B) Ways to make Service concession programs and procedures more cost effective, more process efficient, less
burdensome, and timelier.
(2) RECOMMENDATIONS.—The Advisory Board shall make recommendations to the Secretary regarding each of the following:
(A) The Service contracting with the private sector to
conduct appropriate elements of concession management.
(B) Ways to make the review or approval of concessioner
rates and charges to the public more efficient, less burdensome, and timelier.
(C) The nature and scope of products that qualify as
Indian, Alaska Native, and Native Hawaiian handicrafts
within the meaning of this subchapter.
(D) The allocation of concession fees.
(3) ANNUAL REPORT.—The Advisory Board shall provide an
annual report on its activities to the Committee on Natural
Resources of the House of Representatives and the Committee
on Energy and Natural Resources of the Senate.
(c) ADVISORY BOARD MEMBERSHIP.—Members of the Advisory
Board shall be appointed on a staggered basis by the Secretary
for a term not to exceed 4 years and shall serve at the pleasure
of the Secretary. The Advisory Board shall be comprised of not
more than 7 individuals appointed from among citizens of the
United States not in the employment of the Federal Government
and not in the employment of or having an interest in a Service
concession. Of the 7 members of the Advisory Board—
(1) one member shall be privately employed in the hospitality
industry and have both broad knowledge of hotel or food service
management and experience in the parks and recreation concession business;
(2) one member shall be privately employed in the tourism
industry;
(3) one member shall be privately employed in the accounting
industry;
(4) one member shall be privately employed in the outfitting
and guide industry;
(5) one member shall be a State government employee with
expertise in park concession management;
(6) one member shall be active in promotion of traditional
arts and crafts; and
(7) one member shall be active in a nonprofit conservation
organization involved in parks and recreation programs.
(d) SERVICE ON ADVISORY BOARD.—Service of an individual as
a member of the Advisory Board shall not be deemed to be service
or employment bringing the individual within the provisions of
any Federal law relating to conflicts of interest or otherwise
imposing restrictions, requirements, or penalties in relation to the
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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.).
§ 101920. Contracting for services
(a) CONTRACTING AUTHORIZED.—
(1) MANAGEMENT ELEMENTS FOR
WHICH CONTRACT REQUIRED
TO MAXIMUM EXTENT PRACTICABLE.—To the maximum extent
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practicable, the Secretary shall contract with private entities
to conduct or assist in elements of the management of the
Service concession program considered by the Secretary to be
suitable for non-Federal performance. Those management elements shall include each of the following:
(A) Health and safety inspections.
(B) Quality control of concession operations and facilities.
(C) Strategic capital planning for concession facilities.
(D) Analysis of rates and charges to the public.
(2) MANAGEMENT ELEMENTS FOR WHICH CONTRACT
ALLOWED.—The Secretary may also contract with private entities to assist the Secretary with each of the following:
(A) Preparation of the financial aspects of prospectuses
for Service concession contracts.
(B) Development of guidelines for a System capital
improvement and maintenance program for all concession
occupied facilities.
(C) Making recommendations to the Director regarding
the conduct of annual audits of concession fee expenditures.
(b) OTHER MANAGEMENT ELEMENTS.—The Secretary shall consider, taking into account the recommendations of the Advisory
Board, contracting out other elements of the concessions management program, as appropriate.
(c) AUTHORITY OF SECRETARY NOT DIMINISHED.—Nothing in this
section shall diminish the governmental responsibilities and
authority of the Secretary to administer concession contracts and
activities pursuant to this subchapter and section 100101(a),
chapter 1003, and sections 100751(a), 100752, 100753, and 102101
of this title. The Secretary reserves the right to make the final
decision or contract approval on contracting services dealing with
the management of the Service concessions program under this
section.
§ 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
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to renegotiation by the Secretary because of an award of a new
contract at the same approximate location or resource.
§ 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.
§ 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.
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§ 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.
§ 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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(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.
§ 101926. Regulations
(a) IN GENERAL.—The Secretary shall prescribe regulations appropriate for the implementation of this subchapter.
(b) CONTENTS.—The regulations—
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(1) shall include appropriate provisions to ensure that concession services and facilities to be provided in a System unit
are not segmented or otherwise split into separate concession
contracts for the purposes of seeking to reduce anticipated
annual gross receipts of a concession contract below $500,000;
and
(2) shall further define the term ‘‘United States Indian,
Alaskan Native, and Native Hawaiian handicrafts’’ for the purposes of this subchapter.
Chapter 1021—Privileges and Leases
Sec.
102101.
102102.
General provisions.
Authority of Secretary to enter into lease for buildings and associated
property.
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§ 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.
§ 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)—
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(1) shall be used for an activity that is consistent with the
purposes established by law for the System unit in which
the building is located;
(2) shall not result in degradation of the purposes and values
of the System unit; and
(3) shall be compatible with Service programs.
(d) RENTAL AMOUNTS.—
(1) IN GENERAL.—With respect to a lease under subsection
(a)—
(A) payment of fair market value rental shall be required;
and
(B) section 1302 of title 40 shall not apply.
(2) ADJUSTMENT.—The Secretary may adjust the rental
amount as appropriate to take into account any amounts to
be expended by the lessee for preservation, maintenance, restoration, improvement, or repair and related expenses.
(e) SPECIAL ACCOUNT.—
(1) DEPOSITS.—Rental payments under a lease under subsection (a) shall be deposited in a special account in the
Treasury.
(2) AVAILABILITY.—Amounts in the special account shall be
available until expended, without further appropriation, for
infrastructure needs at System units, including—
(A) facility refurbishment;
(B) repair and replacement;
(C) infrastructure projects associated with System unit
resource protection; and
(D) direct maintenance of the leased buildings and associated property.
(3) ACCOUNTABILITY AND RESULTS.—The Secretary shall
develop procedures for the use of the special account that
ensure accountability and demonstrated results consistent with
this section and sections 100101(b), 100502, 100507, 100751(b),
100754, 100901(b) and (c), 100906(a) and (d), 101302(b)(1) and
(c) to (e), 101306, 101702(b) and (c), 101901, 102701, and 102702
of this title.
(f) REGULATIONS.—The Secretary shall prescribe regulations
implementing this section that include provisions to encourage and
facilitate competition in the leasing process and provide for timely
and adequate public comment.
Chapter 1023—Programs and
Organizations
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Sec.
102301.
102302.
102303.
102304.
Volunteers in parks program.
National Capital region arts and cultural affairs.
National Park System Advisory Board.
National Park Service Advisory Council.
§ 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.
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In accepting those services, the Secretary shall not permit the
use of volunteers in hazardous duty or law enforcement work or
in policymaking processes, or to displace any employee. The services
of individuals whom the Secretary determines are skilled in performing hazardous activities may be accepted.
(b) INCIDENTAL EXPENSES.—The Secretary may provide for incidental expenses of volunteers, such as transportation, uniforms,
lodging, and subsistence.
(c) FEDERAL EMPLOYEE STATUS FOR VOLUNTEERS.—
(1) EMPLOYMENT STATUS OF VOLUNTEERS.—Except as otherwise provided in this section, a volunteer shall not be deemed
a Federal employee and shall not be subject to the provisions
of law relating to Federal employment, including those relating
to hours of work, rates of compensation, leave, unemployment
compensation, and Federal employee benefits.
(2) TORT CLAIMS.—For the purpose of sections 1346(b) and
2401(b) and chapter 171 of title 28, a volunteer under this
chapter shall be deemed a Federal employee.
(3) VOLUNTEERS DEEMED CIVIL EMPLOYEES.—For the purposes
of subchapter I of chapter 81 of title 5, volunteers under this
chapter shall be deemed civil employees of the United States
within the meaning of the term ‘‘employee’’ as defined in section
8101 of title 5, and subchapter I of chapter 81 of title 5 shall
apply.
(4) COMPENSATION FOR LOSSES AND DAMAGES.—For the purpose of claims relating to damage to, or loss of, personal property of a volunteer incident to volunteer service, a volunteer
under this chapter shall be deemed a Federal employee, and
section 3721 of title 31 shall apply.
(d) AUTHORIZATION OF APPROPRIATIONS.—There is authorized to
be appropriated to carry out this section not more than $3,500,000
for each fiscal year.
§ 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.
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(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.
§ 102303. National Park System Advisory Board
(a) DEFINITION.—In this section, the term ‘‘Board’’ means the
National Park System Advisory Board established under subsection
(b).
(b) ESTABLISHMENT AND PURPOSE.—There is established a
National Park System Advisory Board, whose purpose is to advise
the Director on matters relating to the Service, the System, and
programs administered by the Service. The Board shall advise
the Director on matters submitted to the Board by the Director
as well as any other issues identified by the Board.
(c) MEMBERSHIP.—
(1) APPOINTMENT AND TERM OF OFFICE.—Members of the
Board shall be appointed on a staggered term basis by the
Secretary for a term not to exceed 4 years and shall serve
at the pleasure of the Secretary.
(2) COMPOSITION.—The Board shall be composed of no more
than 12 persons, appointed from among citizens of the United
States having a demonstrated commitment to the mission of
the Service. Board members shall be selected to represent various geographic regions, including each of the administrative
regions of the Service. At least 6 of the members shall have
outstanding expertise in one or more of the following fields:
history, archeology, anthropology, historical or landscape
architecture, biology, ecology, geology, marine science, or social
science. At least 4 of the members shall have outstanding
expertise and prior experience in the management of national
or State parks or protected areas, or natural or cultural
resources management. The remaining members shall have
outstanding expertise in one or more of the areas described
above or in another professional or scientific discipline, such
as financial management, recreation use management, land
use planning, or business management, important to the mission of the Service. At least one individual shall be a locally
elected official from an area adjacent to a park.
(3) FIRST MEETING.—The Board shall hold its 1st meeting
no later than 60 days after the date on which all members
of the Board who are to be appointed have been appointed.
(4) VACANCY.—Any vacancy in the Board shall not affect
its powers, but shall be filled in the same manner in which
the original appointment was made.
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PUBLIC LAW 113–287—DEC. 19, 2014
(5) COMPENSATION.—All members of the Board shall be
reimbursed for travel and per diem in lieu of subsistence
expenses during the performance of duties of the Board while
away from home or their regular place of business, in accordance with subchapter I of chapter 57 of title 5. With the
exception of travel and per diem, a member of the Board
who otherwise is an officer or employee of the United States
Government shall serve on the Board without additional compensation.
(d) DUTIES AND POWERS OF BOARD.—
(1) ADOPT RULES.—The Board may adopt such rules as may
be necessary to establish its procedures and to govern the
manner of its operations, organization, and personnel.
(2) ADVICE AND RECOMMENDATIONS.—The Board shall advise
the Secretary on matters relating to the System, to other related
areas, and to the administration of chapter 3201 of this title,
including matters submitted to it for consideration by the Secretary, but it shall not be required to provide recommendations
as to the suitability or desirability of surplus real and related
personal property for use as a historic monument. The Board
shall also provide recommendations on the designation of
national historic landmarks and national natural landmarks.
The Board is strongly encouraged to consult with the major
scholarly and professional organizations in the appropriate disciplines in making the recommendations.
(3) ACTIONS ON REQUEST OF DIRECTOR.—On request of the
Director, the Board is authorized to—
(A) hold such hearings and sit and act at such times;
(B) take such testimony;
(C) have such printing and binding done;
(D) enter into such contracts and other arrangements;
(E) make such expenditures; and
(F) take such other actions
as the Board may consider advisable.
(4) OATHS OR AFFIRMATIONS.—Any member of the Board may
administer oaths or affirmations to witnesses appearing before
the Board.
(5) COMMITTEES AND SUBCOMMITTEES.—The Board may establish committees or subcommittees. The subcommittees or
committees shall be chaired by a voting member of the Board.
(6) USE OF MAILS.—The Board may use the United States
mails in the same manner and under the same conditions
as other departments and agencies in the United States.
(e) STAFF.—The Secretary may hire 2 full-time staffers to meet
the needs of the Board.
(f) FEDERAL LAW NOT APPLICABLE TO SERVICE.—Service as a
member of the Board shall not be deemed service or employment
bringing the individual within the provisions of any Federal law
relating to conflicts of interest or otherwise imposing restrictions,
requirements, or penalties relating to the employment of individuals, the performance of services, or the payment or receipt of
compensation in connection with claims, proceedings, or matters
involving the United States. Service as a member or an employee
of the Board shall not be deemed service in an appointive or
elective position in the Federal Government for purposes of section
8344 of title 5 or comparable provisions of Federal law.
(g) COOPERATION OF FEDERAL AGENCIES.—
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(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.
§ 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
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Sec.
102501.
102502.
102503.
102504.
Purpose.
Definition of museum object.
Authority of Secretary.
Review and approval.
§ 102501. Purpose
The purpose of this chapter is to increase the public benefits
from museums established within System units as a means of
informing the public concerning the areas and preserving valuable
objects and relics relating to the areas.
§ 102502. Definition of museum object
In this chapter:
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(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.
§ 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
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U.S.C. 501(c)(3)) and to non-Federal governmental entities if the
Secretary determines that the recipient is dedicated to the preservation and interpretation of natural or cultural heritage and is qualified to manage the property, prior to any conveyance under this
subsection and subsection (g).
(i) DESTRUCTION OF MUSEUM OBJECTS.—The Secretary may
destroy or cause to be destroyed museum objects that the Secretary
determines to have no scientific, cultural, historic, educational,
esthetic, or monetary value.
§ 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.
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Subchapter I—Law Enforcement
§ 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
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PUBLIC LAW 113–287—DEC. 19, 2014
pursuant to law arising out of an offense committed in
the System or, where the individual subject to the warrant
or process is in the System, in connection with any Federal
offense; and
(D) conduct investigations of offenses against the United
States committed in the System in the absence of investigation of the offenses by any other Federal law enforcement
agency having investigative jurisdiction over the offense
committed or with the concurrence of the other agency.
(b) SPECIAL POLICE OFFICERS.—
(1) IN GENERAL.—The Secretary may designate officers and
employees of any other Federal agency, or law enforcement
personnel of a State or political subdivision of a State, when
determined to be economical and in the public interest and
with the concurrence of that agency, State, or subdivision,
to—
(A) act as special police officers in System units when
supplemental law enforcement personnel may be needed;
and
(B) exercise the powers and authority provided by subparagraphs (A) to (D) of subsection (a)(2).
(2) COOPERATION WITH STATES AND POLITICAL SUBDIVISIONS.—
The Secretary may—
(A) cooperate, within the System, with any State or political subdivision of a State in the enforcement of supervision
of the laws or ordinances of that State or subdivision;
(B) mutually waive, in any agreement pursuant to
subparagraph (A) and paragraph (1) or pursuant to subparagraphs (A) and (B) of subsection (a)(2) with any State
or political subdivision of a State where State law requires
the waiver and indemnification, all civil claims against
all the other parties to the agreement and, subject to available appropriations, indemnify and save harmless the other
parties to the agreement from all claims by third parties
for property damage or personal injury, that may arise
out of the parties’ activities outside their respective jurisdictions under the agreement; and
(C) provide limited reimbursement, to a State or political
subdivisions of a State, in accordance with such regulations
as the Secretary may prescribe, where the State has ceded
concurrent legislative jurisdiction over the affected area
of the System, for expenditures incurred in connection with
its activities within the System that were rendered pursuant to paragraph (1).
(3) SUPPLEMENTAL AUTHORITY; DELEGATION OF SERVICE LAW
ENFORCEMENT RESPONSIBILITIES NOT AUTHORIZED.—Paragraphs
(1) and (2) supplement the law enforcement responsibilities
of the Service and do not authorize the delegation of law
enforcement responsibilities of the Service to State or local
governments.
(4) SPECIAL POLICE OFFICERS NOT DEEMED FEDERAL
EMPLOYEES.—
(A) IN GENERAL.—Except as otherwise provided in this
subsection, a law enforcement officer of a State or political
subdivision of a State designated to act as a special police
officer under paragraph (1) shall not be deemed a Federal
employee and shall not be subject to the provisions of
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law relating to Federal employment, including those
relating to hours of work, rates of compensation, leave,
unemployment compensation, and Federal benefits.
(B) EXCEPTIONS.—A law enforcement officer of a State
or political subdivision of a State, when acting as a special
police officer under paragraph (1), is deemed to be—
(i) a Federal employee for purposes of sections
1346(b) and 2401(b) and chapter 171 of title 28; and
(ii) a civil service employee of the United States
within the meaning of the term ‘‘employee’’ as defined
in section 8101 of title 5, for purposes of subchapter
I of chapter 81 of title 5, relating to compensation
to Federal employees for work injuries, and the provisions of subchapter I of chapter 81 of title 5 shall
apply.
(c) FEDERAL INVESTIGATIVE JURISDICTION AND STATE CIVIL AND
CRIMINAL JURISDICTION NOT PREEMPTED.—This section and sections
100101(b), 100502, 100507, 100751(b), 100754, 100901(b) and (c),
100906(a) and (d), 101302(b)(1) and (c) to (e), 101306, 101702(b)
and (c), 101901, 102102, and 102702 of this title shall not be
construed or applied to limit or restrict the investigative jurisdiction
of any Federal law enforcement agency other than the Service,
and nothing shall be construed or applied to affect any right of
a State or political subdivision of a State to exercise civil and
criminal jurisdiction within the System.
§ 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
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actions to seek to reduce the incidence of violent crime in the
System.
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
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.
§ 102712. Aid to visitors, grantees, permittees, or licensees
in emergencies
(a) VISITORS.—The Secretary may aid visitors within a System
unit in an emergency, when no other source is available for the
procurement of food or supplies, by the sale, at cost, of food or
supplies in quantities sufficient to enable the visitors to reach
safely a point where food or supplies can be purchased. Receipts
from the sales shall be deposited as a refund to the appropriation
current at the date of the deposit and shall be available for the
purchase of similar food or supplies.
(b) GRANTEES, PERMITTEES, AND LICENSEES.—The Secretary may
in an emergency, when no other source is available for the immediate procurement of supplies, materials, or special services, aid
grantees, permittees, or licensees conducting operations for the
benefit of the public in a System unit by the sale, at cost, including
transportation and handling, of supplies, materials, or special services as may be necessary to relieve the emergency and ensure
uninterrupted service to the public. Receipts from the sales shall
be deposited as a refund to the appropriation current at the date
of the deposit and shall be available for expenditure for System
unit purposes.
Chapter 1029—Land Transfers
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Sec.
102901.
Conveyance of property and interests in property in System units or related areas.
§ 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
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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 nonFederal 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
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Sec.
103101.
103102.
103103.
103104.
Availability and use of appropriations.
Appropriations authorized and available for certain purposes.
Amounts provided by private entities for utility services.
Recovery of costs associated with special use permits.
§ 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.
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(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.
§ 103102. Appropriations authorized and available for certain purposes
Appropriations for the Service are authorized and are available
for—
(1) administration, protection, improvement, and maintenance of areas, under the jurisdiction of other Federal agencies,
that are devoted to recreational use pursuant to cooperative
agreements;
(2) necessary local transportation and subsistence in kind
of individuals selected for employment or as cooperators,
serving without other compensation, while attending fire protection training camps;
(3) administration, protection, maintenance, and improvement of the Chesapeake and Ohio Canal;
(4) educational lectures in or in the vicinity of and with
respect to System units, and services of field employees in
cooperation with such nonprofit scientific and historical societies engaged in educational work in System units as the Secretary may designate;
(5) travel expenses of employees attending—
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(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.
§ 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.
§ 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.
103302.
103303.
103304.
103305.
103306.
Military maneuvers.
Camps for military instruction.
Performance of duties of commissions.
Recovery of land withheld.
Travel expenses incident to study of battlefields.
Studies.
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§ 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.
§ 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
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of the military forces of the United States as the Secretary of
the Army or Secretary of the Air Force may think best, to receive
military instruction there. The Secretary of the Army of Secretary
of the Air Force may detail instructors from the Regular Army
or Regular Air Force, respectively, for those forces during their
exercises.
(b) REGULATIONS.—The Secretary of the Army or Secretary of
the Air Force may prescribe regulations governing the assembling
of the National Guard or militia of the States on the maneuvering
grounds.
§ 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.
§ 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.
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§ 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.
§ 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
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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.
104902.
104903.
104904.
104905.
104906.
104907.
Central warehouses at System units.
Services or other accommodations for public.
Care, removal, and burial of indigents.
Hire of work animals, vehicles, and equipment with or without personal
services.
Preparation of mats for reproduction of photographs.
Protection of right of individuals to bear arms.
Limitation on extension or establishment of national parks in Wyoming.
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§ 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.
§ 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
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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.
§ 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.
§ 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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§ 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.
§ 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
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(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.
§ 104907. Limitation on extension or establishment of
national parks in Wyoming
No extension or establishment of national parks in Wyoming
may be undertaken except by express authorization of Congress.
Division B—System Units and Related
Areas—Reserved
Subtitle II—Outdoor Recreation Programs
Chapter 2001—Coordination of Programs
Sec.
200101.
200102.
200103.
200104.
Findings and declaration of policy.
Definitions.
Authority of Secretary to carry out certain functions and activities.
Consultations of Secretary with administrative officers; execution of administrative responsibilities in conformity with nationwide plan.
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§ 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.
§ 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’’—
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(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.
§ 200103. Authority of Secretary to carry out certain functions and activities
(a) IN GENERAL.—To carry out this chapter, the Secretary may
perform the functions and activities described in this section.
(b) INVENTORY AND EVALUATION.—The Secretary may prepare
and maintain a continuing inventory and evaluation of outdoor
recreation needs and resources of the United States.
(c) CLASSIFICATION SYSTEM.—The Secretary may prepare a system
for classification of outdoor recreation resources to assist in the
effective and beneficial use and management of such resources.
(d) RECREATION PLAN.—The Secretary may formulate and maintain a comprehensive nationwide outdoor recreation plan, taking
into consideration the plans of the various Federal agencies, States,
and their political subdivisions. The plan shall set forth the needs
and demands of the public for outdoor recreation and the current
and foreseeable availability in the future of outdoor recreation
resources to meet those needs. The plan shall identify critical outdoor recreation problems, recommend solutions, and recommend
desirable actions to be taken at each level of government and
by private interests. The Secretary shall submit the plan to the
President for transmittal to Congress. Revisions of the plan shall
be similarly transmitted at succeeding 5-year intervals. When a
plan or revision is transmitted to the Congress, the Secretary shall
transmit copies to the chief executive officials of the States.
(e) TECHNICAL ASSISTANCE AND ADVICE.—The Secretary may provide technical assistance and advice to and cooperate with States,
political subdivisions, and private interests, including nonprofit
organizations, with respect to outdoor recreation.
(f) INTERSTATE AND REGIONAL COOPERATION.—The Secretary may
encourage interstate and regional cooperation in the planning,
acquisition, and development of outdoor recreation resources.
(g) RESEARCH, INFORMATION, AND EDUCATION PROGRAMS AND
ACTIVITIES.—The Secretary may—
(1) sponsor, engage in, and assist in research relating to
outdoor recreation, directly or by contract or cooperative agreements, and make payments for such purposes without regard
to the limitations of section 3324(a) and (b) of title 31 concerning
advances of funds when the Secretary considers such action
to be in the public interest;
(2) undertake studies and assemble information concerning
outdoor recreation, directly or by contract or cooperative agreement, and disseminate the information without regard to section 3204 of title 39; and
(3) cooperate with educational institutions and others to
assist in establishing education programs and activities and
to encourage public use and benefits from outdoor recreation.
(h) COOPERATION AND COORDINATION WITH FEDERAL AGENCIES.—
(1) IN GENERAL.—The Secretary may—
(A) cooperate with and provide technical assistance to
Federal agencies and obtain from them information, data,
reports, advice, and assistance that are needed and can
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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.
§ 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.
200302.
200303.
200304.
200305.
200306.
200307.
200308.
200309.
200310.
Definitions.
Establishment of Land and Water Conservation Fund.
Appropriations for expenditure of Fund amounts.
Statement of estimated requirements.
Financial assistance to States.
Allocation of Fund amounts for Federal purposes.
Availability of Fund amounts for publicity purposes.
Contracts for acquisition of land and water.
Contracts for options to acquire land and water in System.
Transfers to and from Fund.
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§ 200301. Definitions
In this chapter:
(1) FUND.—The term ‘‘Fund’’ means the Land and Water
Conservation Fund established under section 200302 of this
title.
(2) STATE.—The term ‘‘State’’ means a State, the District
of Columbia, Puerto Rico, Guam, American Samoa, the Virgin
Islands, and the Northern Mariana Islands.
§ 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:
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(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.
§ 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.
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§ 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.
§ 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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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
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Secretary shall develop, in consultation with others, criteria
for public participation, which criteria shall constitute the basis
for the certification by the chief executive official. The plan
shall contain—
(A) the name of the State agency that will have authority
to represent and act for the State in dealing with the
Secretary for purposes of this chapter;
(B) an evaluation of the demand for and supply of outdoor
recreation resources and facilities in the State;
(C) a program for the implementation of the plan; and
(D) other necessary information, as determined by the
Secretary.
(2) FACTORS TO BE CONSIDERED.—The plan shall take into
account relevant Federal resources and programs and shall
be correlated so far as practicable with other State, regional,
and local plans. Where there exists or is in preparation for
any particular State a comprehensive plan financed in part
with funds supplied by the Secretary of Housing and Urban
Development, any statewide outdoor recreation plan prepared
for purposes of this part shall be based on the same population,
growth, and other pertinent factors as are used in formulating
plans financed by the Secretary of Housing and Urban Development.
(3) PROVISION OF ASSISTANCE WHEN PLAN NOT OTHERWISE
AVAILABLE OR TO MAINTAIN PLAN.—The Secretary may provide
financial assistance to any State for projects for the preparation
of a comprehensive statewide outdoor recreation plan when
the plan is not otherwise available or for the maintenance
of the plan.
(4) WETLANDS.—A comprehensive statewide outdoor recreation plan shall specifically address wetlands within the State
as an important outdoor recreation resource as a prerequisite
to approval, except that a revised comprehensive statewide
outdoor recreation plan shall not be required by the Secretary,
if a State submits, and the Secretary, acting through the
Director, approves, as a part of and as an addendum to the
existing comprehensive statewide outdoor recreation plan, a
wetlands priority plan developed in consultation with the State
agency with responsibility for fish and wildlife resources and
consistent with the national wetlands priority conservation plan
developed under section 301 of the Emergency Wetlands
Resources Act of 1986 (16 U.S.C. 3921) or, if the national
plan has not been completed, consistent with the provisions
of that section.
(e) PROJECTS FOR LAND AND WATER ACQUISITION AND DEVELOPMENT OF BASIC OUTDOOR RECREATION FACILITIES.—
(1) IN GENERAL.—In addition to assistance for planning
projects, the Secretary may provide financial assistance to any
State for the types of projects described in paragraphs (2)
and (3), or combinations of those projects, if the projects are
in accordance with the State comprehensive plan.
(2) ACQUISITION OF LAND OR WATER.—
(A) IN GENERAL.—Under paragraph (1), the Secretary
may provide financial assistance for a project for the
acquisition of land, water, or an interest in land or water,
or a wetland area or an interest in a wetland area, as
identified in the wetlands provisions of the comprehensive
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plan (other than land, water, or an interest in land or
water acquired from the United States for less than fair
market value), but not including incidental costs relating
to acquisition.
(B) RETENTION OF RIGHT OF USE AND OCCUPANCY.—When
a State provides that the owner of a single-family residence
may, at the owner’s option, elect to retain a right of use
and occupancy for not less than 6 months after the date
of acquisition of the residence and the owner elects to
retain such a right—
(i) the owner shall be deemed to have waived any
benefits under sections 203 to 206 of the Uniform
Relocation Assistance and Real Property Acquisition
Policies Act of 1970 (42 U.S.C. 4623 to 4626); and
(ii) for the purposes of those sections the owner shall
not be deemed to be a displaced person as defined
in section 101 of that Act (42 U.S.C. 4601).
(3) DEVELOPMENT OF BASIC OUTDOOR RECREATION FACILITIES.—Under paragraph (1), the Secretary may provide financial assistance for a project for development of basic outdoor
recreation facilities to serve the general public, including the
development of Federal land under lease to States for terms
of 25 years or more. No assistance shall be available under
this chapter to enclose or shelter a facility normally used for
an outdoor recreation activity, but the Secretary may permit
local funding, not to exceed 10 percent of the total amount
allocated to a State in any one year, to be used for construction
of a sheltered facility for a swimming pool or ice skating rink
in an area where the Secretary determines that the construction
is justified by the severity of climatic conditions and the
increased public use made possible by the construction.
(f) PAYMENTS.—
(1) CRITERIA FOR MAKING PAYMENTS.—The Secretary may
make a payment to a State only for a planning, acquisition,
or development project that is approved by the Secretary. The
Secretary shall not make a payment for or on account of any
project with respect to which financial assistance has been
given or promised under any other Federal program or activity,
and no financial assistance shall be given under any other
Federal program or activity for or on account of any project
with respect to which the assistance has been given or promised
under this chapter. The Secretary may make payments from
time to time in keeping with the rate of progress toward the
satisfactory completion of a project. The approval of all projects
and all payments, or any commitments relating thereto, shall
be withheld until the Secretary receives appropriate written
assurance from the State that the State has the ability and
intention to finance its share of the cost of all of the projects,
and to operate and maintain by acceptable standards, at State
expense, the properties or facilities acquired or developed for
public outdoor recreation use.
(2) PAYMENT RECIPIENTS.—Payments for all projects shall
be made by the Secretary to the chief executive official of
the State or to a State official or agency designated by the
chief executive official or by State law having authority and
responsibility to accept and to administer funds paid under
this section for approved projects. If consistent with an
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approved project, funds may be transferred by the State to
a political subdivision or other appropriate public agency.
(3) CONVERSION TO OTHER THAN PUBLIC OUTDOOR RECREATION
USE.—No property acquired or developed with assistance under
this section shall, without the approval of the Secretary, be
converted to other than public outdoor recreation use. The
Secretary shall approve a conversion only if the Secretary finds
it to be in accordance with the then-existing comprehensive
statewide outdoor recreation plan and only on such conditions
as the Secretary considers necessary to ensure the substitution
of other recreation properties of at least equal fair market
value and of reasonably equivalent usefulness and location.
Wetland areas and interests therein as identified in the wetlands provisions of the comprehensive plan and proposed to
be acquired as suitable replacement property within the same
State that is otherwise acceptable to the Secretary, acting
through the Director, shall be deemed to be of reasonably
equivalent usefulness with the property proposed for conversion.
(4) REPORTS AND ACCOUNTING PROCEDURES.—No payment
shall be made to any State until the State has agreed to—
(A) provide such reports to the Secretary in such form
and containing such information as may be reasonably
necessary to enable the Secretary to perform the Secretary’s
duties under this chapter; and
(B) provide such fiscal control and fund accounting procedures as may be necessary to ensure proper disbursement
and accounting for Federal funds paid to the State under
this chapter.
(g) RECORDS.—A recipient of assistance under this chapter shall
keep such records as the Secretary shall prescribe, including records
that fully disclose—
(1) the amount and the disposition by the recipient of the
proceeds of the assistance;
(2) the total cost of the project or undertaking in connection
with which the assistance is given or used; and
(3) the amount and nature of that portion of the cost of
the project or undertaking supplied by other sources, and such
other records as will facilitate an effective audit.
(h) ACCESS TO RECORDS.—The Secretary, and the Comptroller
General, or any of their duly authorized representatives, shall have
access for the purpose of audit and examination to any records
of the recipient that are pertinent to assistance received under
this chapter.
(i) PROHIBITION OF DISCRIMINATION.—With respect to property
acquired or developed with assistance from the Fund, discrimination
on the basis of residence, including preferential reservation or membership systems, is prohibited except to the extent that reasonable
differences in admission and other fees may be maintained on
the basis of residence.
(j) COORDINATION WITH FEDERAL AGENCIES.—To ensure consistency in policies and actions under this chapter with other related
Federal programs and activities and to ensure coordination of the
planning, acquisition, and development assistance to States under
this section with other related Federal programs and activities—
(1) the President may issue such regulations with respect
thereto as the President considers desirable; and
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(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.
§ 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,
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or purchase units approved by the National Forest
Reservation Commission subsequent to January
1, 1965, all of which other areas are primarily
of value for outdoor recreation purposes.
(ii) ADJACENT LAND.—Land outside but adjacent to
an existing national forest boundary, not to exceed
3,000 acres in the case of any one forest, that would
comprise an integral part of a forest recreational
management area may also be acquired with amounts
appropriated from the Fund.
(iii) LIMITATION.—Except for areas specifically
authorized by Act of Congress, not more than 15 percent of the acreage added to the National Forest
System pursuant to this section shall be west of the
100th meridian.
(C) ENDANGERED SPECIES AND THREATENED SPECIES; FISH
AND WILDLIFE REFUGE AREAS; NATIONAL WILDLIFE REFUGE
SYSTEM.—Amounts shall be allotted for the acquisition of
land, water, or an interest in land or water for—
(i) endangered species and threatened species
authorized under section 5(a) of the Endangered Species Act of 1973 (16 U.S.C. 1534(a));
(ii) areas authorized by section 2 of the Refuge Recreation Act (16 U.S.C. 460k–1);
(iii) national wildlife refuge areas under section
7(a)(4) of the Fish and Wildlife Act of 1956 (16 U.S.C.
742f(a)(4)) and wetlands acquired under section 304
of the Emergency Wetlands Resources Act of 1986 (16
U.S.C. 3922); and
(iv) any area authorized for the National Wildlife
Refuge System by specific Acts.
(3) PAYMENT AS OFFSET OF CAPITAL COSTS.—Amounts shall
be allotted for payment into miscellaneous receipts of the
Treasury as a partial offset for capital costs, if any, of Federal
water development projects authorized to be constructed by
or pursuant to an Act of Congress that are allocated to public
recreation and the enhancement of fish and wildlife values
and financed through appropriations to water resource agencies.
(4) AVAILABILITY OF APPROPRIATIONS.—Appropriations
allotted for the acquisition of land, water, or an interest in
land or water as set forth under subparagraphs (A) and (B)
of paragraph (2) shall be available for those acquisitions notwithstanding any statutory ceiling on the appropriations contained in any other provision of law enacted prior to January
4, 1977, or, in the case of national recreation areas, prior
to January 15, 1979, except that for any such area expenditures
shall not exceed a statutory ceiling during any one fiscal year
by 10 percent of the ceiling or $1,000,000, whichever is greater.
(b) ACQUISITION RESTRICTIONS.—Appropriations from the Fund
pursuant to this section shall not be used for acquisition unless
the acquisition is otherwise authorized by law. Appropriations from
the Fund may be used for preacquisition work where authorization
is imminent and where substantial monetary savings could be
realized.
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128 STAT. 3179
§ 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.
§ 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.
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§ 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.
§ 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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PUBLIC LAW 113–287—DEC. 19, 2014
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
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Sec.
200501.
200502.
200503.
200504.
200505.
200506.
200507.
200508.
200509.
200510.
200511.
Definitions.
Federal assistance.
Rehabilitation grants and innovation grants.
Recovery action programs.
State action.
Non-Federal share of project costs.
Conversion of recreation property.
Coordination of program.
Recordkeeping.
Inapplicability of matching provisions.
Funding limitations.
§ 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.
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(5) PRIVATE, NONPROFIT AGENCY.—The term ‘‘private, nonprofit agency’’ means a community-based, nonprofit organization, corporation, or association organized for purposes of providing recreational, conservation, and educational services
directly to urban residents on a neighborhood or communitywide basis through voluntary donations, voluntary labor, or
public or private grants.
(6) RECOVERY ACTION PROGRAM GRANT.—
(A) IN GENERAL.—The term ‘‘recovery action program
grant’’ means a matching grant to a local government for
development of local park and recreation recovery action
programs to meet the requirements of this chapter.
(B) USE.—A recovery action program grant shall be used
for resource and needs assessment, coordination, citizen
involvement and planning, and program development
activities to—
(i) encourage public definition of goals; and
(ii) develop priorities and strategies for overall recreation system recovery.
(7) RECREATION AREA OR FACILITY.—The term ‘‘recreation
area or facility’’ means an indoor or outdoor park, building,
site, or other facility that is dedicated to recreation purposes
and administered by a public or private nonprofit agency to
serve the recreation needs of community residents. Emphasis
shall be on public facilities readily accessible to residential
neighborhoods, including multiple-use community centers that
have recreation as one of their primary purposes, but excluding
major sports arenas, exhibition areas, and conference halls
used primarily for commercial sports, spectator, or display
activities.
(8) REHABILITATION GRANT.—The term ‘‘rehabilitation grant’’
means a matching capital grant to a local government for
rebuilding, remodeling, expanding, or developing an existing
outdoor or indoor recreation area or facility, including improvements in park landscapes, buildings, and support facilities,
but excluding routine maintenance and upkeep activities.
(9) SPECIAL PURPOSE LOCAL GOVERNMENT.—
(A) IN GENERAL.—The term ‘‘special purpose local government’’ means a local or regional special district, publicpurpose 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.
§ 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
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PUBLIC LAW 113–287—DEC. 19, 2014
eligible to participate in this program, to be accompanied by a
discussion of criteria used in determining eligibility. Criteria shall
be based on factors that the Secretary determines are related to
deteriorated recreational facilities or systems and physical and economic distress.
(b) ADDITIONAL ELIGIBLE GENERAL PURPOSE LOCAL GOVERNMENTS.—In addition to eligible local governments established in
accordance with subsection (a), the Secretary may establish eligibility, in accord with the findings and purpose of the Urban Park
and Recreation Recovery Act of 1978 (Public Law 95–625, 92 Stat.
3538), of other general purpose local governments in metropolitan
statistical areas as defined by the Director of the Office of Management and Budget.
(c) PRIORITY CRITERIA FOR PROJECT SELECTION AND APPROVAL.—
(1) IN GENERAL.—The Secretary shall establish priority criteria for project selection and approval that consider such factors as—
(A) population;
(B) condition of existing recreation areas and facilities;
(C) demonstrated deficiencies in access to neighborhood
recreation opportunities, particularly for minority and lowand 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
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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.
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§ 200503. Rehabilitation grants and innovation grants
(a) MATCHING GRANTS.—The Secretary may provide 70 percent
matching rehabilitation grants and innovation grants directly to
eligible general purpose local governments on the Secretary’s
approval of applications for the grants by the chief executive officials
of those governments.
(b) SPECIAL CONSIDERATIONS.—An innovation grant should be
closely tied to goals, priorities, and implementation strategies
expressed in local park and recreation recovery action programs,
with particular regard to the special considerations listed in section
200504(c)(2) of this title.
(c) TRANSFER.—If consistent with an approved application, a grant
recipient may transfer a rehabilitation grant or innovation grant
in whole or in part to an independent special purpose local government, private nonprofit agency, or county or regional park authority
if the assisted recreation area or facility owned or managed by
the transferree offers recreation opportunities to the general population within the jurisdictional boundaries of the grant recipient.
(d) PAYMENTS.—Payments may be made only for a rehabilitation
project or innovation project that has been approved by the Secretary. Payments may be made from time to time in keeping with
the rate of progress toward the satisfactory completion of the
project, except that the Secretary, when appropriate, may make
advance payments on an approved rehabilitation project or innovation project in an amount not to exceed 20 percent of the total
project cost.
(e) MODIFICATION OF PROJECT.—The Secretary may authorize
modification of an approved project only when a grant recipient
adequately demonstrates that the modification is necessary because
of circumstances not foreseeable at the time at which the project
was proposed.
§ 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
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PUBLIC LAW 113–287—DEC. 19, 2014
submissions of preliminary action programs that briefly define objectives, priorities, and implementation strategies for overall system
recovery and maintenance and commit the applicant to a scheduled
program development process. Following this interim period, all
local applicants shall submit to the Secretary, as a condition of
eligibility, a 5-year action program for park and recreation recovery
that satisfactorily demonstrates—
(1) systematic identification of recovery objectives, priorities,
and implementation strategies;
(2) adequate planning for rehabilitation of specific recreation
areas and facilities, including projections of the cost of proposed
projects;
(3) the capacity and commitment to ensure that facilities
provided or improved under this chapter shall continue to be
adequately maintained, protected, staffed, and supervised;
(4) the intention to maintain total local public outlays for
park and recreation purposes at levels at least equal to those
in the year preceding that in which grant assistance is sought
except in any case where a reduction in park and recreation
outlays is proportionate to a reduction in overall spending
by the applicant; and
(5) the relationship of the park and recreation recovery program to overall community development and urban revitalization efforts.
(b) CONTINUING PLANNING PROCESS.—Where appropriate, the Secretary may encourage local governments to meet action program
requirements through a continuing planning process that includes
periodic improvements and updates in action program submissions
to eliminate identified gaps in program information and policy
development.
(c) SPECIAL CONSIDERATIONS.—Action programs shall address, but
are not limited to—
(1) rehabilitation of existing recreational areas and facilities,
including—
(A) general systemwide renovation;
(B) special rehabilitation requirements for recreational
areas and facilities in areas of high population concentration and economic distress; and
(C) restoration of outstanding or unique structures, landscaping, or similar features in parks of historical or
architectural significance; and
(2) local commitments to innovative and cost-effective programs and projects at the neighborhood level to augment
recovery of park and recreation systems, including—
(A) recycling of abandoned schools and other public
buildings for recreational purposes;
(B) multiple use of operating educational and other public
buildings, purchase of recreation services on a contractual
basis;
(C) use of mobile facilities and recreational, cultural,
and educational programs or other innovative approaches
to improving access for neighborhood residents;
(D) integration of recovery program with federally
assisted projects to maximize recreational opportunities
through conversion of abandoned railroad and highway
rights of way, waterfront, and other redevelopment efforts
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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.
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§ 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.
§ 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.
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(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.
§ 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.
§ 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 publicprivate coordination in recovery planning and project selection.
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§ 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.
§ 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.
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§ 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
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Sec.
300101.
Policy.
§ 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
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(6) assist State and local governments, Indian tribes and
Native Hawaiian organizations, and the National Trust to
expand and accelerate their historic preservation programs and
activities.
Chapter 3003—Definitions
Sec.
300301.
300302.
300303.
300304.
300305.
300306.
300307.
300308.
300309.
300310.
300311.
300312.
300313.
300314.
300315.
300316.
300317.
300318.
300319.
300320.
300321.
Agency.
Certified local government.
Council.
Cultural park.
Historic conservation district.
Historic Preservation Fund.
Historic preservation review commission.
Historic property.
Indian tribe.
Local government.
National Register.
National Trust.
Native Hawaiian.
Native Hawaiian organization.
Preservation or historic preservation.
Secretary.
State.
State historic preservation review board.
Tribal land.
Undertaking.
World Heritage Convention.
§ 300301. Agency
In this division, the term ‘‘agency’’ has the meaning given the
term in section 551 of title 5.
§ 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.
§ 300303. Council
In this division, the term ‘‘Council’’ means the Advisory Council
on Historic Preservation established by section 304101 of this title.
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§ 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.
§ 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).
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§ 300306. Historic Preservation Fund
In this division, the term ‘‘Historic Preservation Fund’’ means
the Historic Preservation Fund established under section 303101
of this title.
§ 300307. Historic preservation review commission
In this division, the term ‘‘historic preservation review commission’’ means a board, council, commission, or other similar collegial
body—
(1) that is established by State or local legislation as provided
in section 302503(a)(2) of this title; and
(2) the members of which are appointed by the chief elected
official of a jurisdiction (unless State or local law provides
for appointment by another official) from among—
(A) professionals in the disciplines of architecture, history, architectural history, planning, prehistoric and historic archeology, folklore, cultural anthropology, curation,
conservation, and landscape architecture, or related disciplines, to the extent that those professionals are available
in the community; and
(B) other individuals who have demonstrated special
interest, experience, or knowledge in history, architecture,
or related disciplines and will provide for an adequate
and qualified commission.
§ 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.
§ 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.
§ 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.
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§ 300311. National Register
In this division, the term ‘‘National Register’’ means the National
Register of Historic Places maintained under chapter 3021 of this
title.
§ 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.
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§ 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.
§ 300314. Native Hawaiian organization
(a) IN GENERAL.—In this division, the term ‘‘Native Hawaiian
organization’’ means any organization that—
(1) serves and represents the interests of Native Hawaiians;
(2) has as a primary and stated purpose the provision of
services to Native Hawaiians; and
(3) has demonstrated expertise in aspects of historic preservation that are culturally significant to Native Hawaiians.
(b) INCLUSIONS.—In this division, the term ‘‘Native Hawaiian
organization’’ includes the Office of Hawaiian Affairs of Hawaii
and Hui Malama I Na Kupuna O Hawai’i Nei, an organization
incorporated under the laws of the State of Hawaii.
§ 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.
§ 300316. Secretary
In this division, the term ‘‘Secretary’’ means the Secretary acting
through the Director.
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§ 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.
§ 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;
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(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.
§ 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.
§ 300320. Undertaking
In this division, the term ‘‘undertaking’’ means a project, activity,
or program funded in whole or in part under the direct or indirect
jurisdiction of a Federal agency, including—
(1) those carried out by or on behalf of the Federal agency;
(2) those carried out with Federal financial assistance;
(3) those requiring a Federal permit, license, or approval;
and
(4) those subject to State or local regulation administered
pursuant to a delegation or approval by a Federal agency.
§ 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.
302102.
302103.
302104.
302105.
302106.
302107.
302108.
Maintenance by Secretary.
Inclusion of properties on National Register.
Criteria and regulations relating to National Register, National Historic
Landmarks, and World Heritage List.
Nominations for inclusion on National Register.
Owner participation in nomination process.
Retention of name.
Regulations.
Review of threats to historic property.
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§ 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.
§ 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.
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(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.
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§ 302103. Criteria and regulations relating to National Register, National Historic Landmarks, and World
Heritage List
The Secretary, in consultation with national historical and archeological associations, shall—
(1) establish criteria for properties to be included on the
National Register and criteria for National Historic Landmarks;
and
(2) promulgate regulations for—
(A) nominating properties for inclusion on, and removal
from, the National Register and the recommendation of
properties by certified local governments;
(B) designating properties as National Historic Landmarks and removing that designation;
(C) considering appeals from recommendations, nominations, removals, and designations (or any failure or refusal
by a nominating authority to nominate or designate);
(D) nominating historic property for inclusion in the
World Heritage List in accordance with the World Heritage
Convention;
(E) making determinations of eligibility of properties for
inclusion on the National Register; and
(F) notifying the owner of a property, any appropriate
local governments, and the general public, when the property is being considered for inclusion on the National Register, for designation as a National Historic Landmark,
or for nomination to the World Heritage List.
§ 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 45day period or unless an appeal is filed under subsection (c).
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(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.
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§ 302105. Owner participation in nomination process
(a) REGULATIONS.—The Secretary shall promulgate regulations
requiring that before any property may be included on the National
Register or designated as a National Historic Landmark, the owner
of the property, or a majority of the owners of the individual
properties within a district in the case of a historic district, shall
be given the opportunity (including a reasonable period of time)
to concur in, or object to, the nomination of the property for inclusion
or designation. The regulations shall include provisions to carry
out this section in the case of multiple ownership of a single
property.
(b) WHEN PROPERTY SHALL NOT BE INCLUDED ON NATIONAL
REGISTER OR DESIGNATED AS NATIONAL HISTORIC LANDMARK.—If
the owner of any privately owned property, or a majority of the
owners of privately owned properties within the district in the
case of a historic district, object to inclusion or designation, the
property shall not be included on the National Register or designated as a National Historic Landmark until the objection is
withdrawn.
(c) REVIEW BY SECRETARY.—The Secretary shall review the
nomination of the property when an objection has been made and
shall determine whether or not the property is eligible for inclusion
or designation. If the Secretary determines that the property is
eligible for inclusion or designation, the Secretary shall inform
the Advisory Council on Historic Preservation, the appropriate State
Historic Preservation Officer, the appropriate chief elected local
official, and the owner or owners of the property of the Secretary’s
determination.
§ 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.
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§ 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.
§ 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
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Sec.
302301.
302302.
302303.
302304.
Regulations.
Program evaluation.
Responsibilities of State Historic Preservation Officer.
Contracts and cooperative agreements.
§ 302301. Regulations
The Secretary, in consultation with the National Conference of
State Historic Preservation Officers and the National Trust, shall
promulgate regulations for State Historic Preservation Programs.
The regulations shall provide that a State program submitted to
the Secretary under this chapter shall be approved by the Secretary
if the Secretary determines that the program provides for—
(1) the designation and appointment by the chief elected
official of the State of a State Historic Preservation Officer
to administer the program in accordance with section 302303
of this title and for the employment or appointment by the
officer of such professionally qualified staff as may be necessary
for those purposes;
(2) an adequate and qualified State historic preservation
review board designated by the State Historic Preservation
Officer unless otherwise provided for by State law; and
(3) adequate public participation in the State Historic
Preservation Program, including the process of recommending
properties for nomination to the National Register.
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§ 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.
§ 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;
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(6) cooperate with the Secretary, the Council, other Federal
and State agencies, local governments, and private organizations and individuals to ensure that historic property is taken
into consideration at all levels of planning and development;
(7) provide public information, education, and training and
technical assistance in historic preservation;
(8) cooperate with local governments in the development of
local historic preservation programs and assist local governments in becoming certified pursuant to chapter 3025;
(9) consult with appropriate Federal agencies in accordance
with this division on—
(A) Federal undertakings that may affect historic property; and
(B) the content and sufficiency of any plans developed
to protect, manage, or reduce or mitigate harm to that
property; and
(10) advise and assist in the evaluation of proposals for
rehabilitation projects that may qualify for Federal assistance.
§ 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
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determines that the Officer is fully capable of carrying
out the responsibility in that manner;
(D) the State Historic Preservation Officer agrees to
permit the Secretary to review and revise, as appropriate
in the discretion of the Secretary, decisions made by the
Officer pursuant to the contract or cooperative agreement;
and
(E) the Secretary and the State Historic Preservation
Officer agree on the terms of additional financial assistance
to the State, if there is to be any, for the costs of carrying
out that responsibility.
(3) ESTABLISH CONDITIONS AND CRITERIA.—For each significant program area under the Secretary’s authority, the Secretary shall establish specific conditions and criteria essential
for the assumption by a State Historic Preservation Officer
of the Secretary’s duties in each of those programs.
(4) PRESERVATION PROGRAMS AND ACTIVITIES NOT DIMINISHED.—Nothing in this chapter shall have the effect of diminishing the preservation programs and activities of the Service.
Chapter 3025—Certification of Local
Governments
Sec.
302501.
302502.
302503.
302504.
302505.
Definitions.
Certification as part of State program.
Requirements for certification.
Participation of certified local governments in National Register nominations.
Eligibility and responsibility of certified local government.
§ 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.
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§ 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.
§ 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;
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(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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§ 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.
§ 302505. Eligibility and responsibility of certified local
government
Any local government—
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(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.
302702.
302703.
302704.
302705.
302706.
Program to assist Indian tribes in preserving historic property.
Indian tribe to assume functions of State Historic Preservation Officer.
Apportionment of grant funds.
Contracts and cooperative agreements.
Agreement for review under tribal historic preservation regulations.
Eligibility for inclusion on National Register.
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§ 302701. Program to assist Indian tribes in preserving historic property
(a) ESTABLISHMENT OF PROGRAM.—The Secretary shall establish
a program and promulgate regulations to assist Indian tribes in
preserving their historic property.
(b) COMMUNICATION AND COOPERATION.—The Secretary shall
foster communication and cooperation between Indian tribes and
State Historic Preservation Officers in the administration of the
national historic preservation program to—
(1) ensure that all types of historic property and all public
interests in historic property are given due consideration; and
(2) encourage coordination among Indian tribes, State Historic Preservation Officers, and Federal agencies in historic
preservation planning and in the identification, evaluation,
protection, and interpretation of historic property.
(c) TRIBAL VALUES.—The program under subsection (a) shall be
developed in a manner to ensure that tribal values are taken
into account to the extent feasible. The Secretary may waive or
modify requirements of this subdivision to conform to the cultural
setting of tribal heritage preservation goals and objectives.
(d) SCOPE OF TRIBAL PROGRAMS.—The tribal programs implemented by specific tribal organizations may vary in scope, as determined by each Indian tribe’s chief governing authority.
(e) CONSULTATION.—The Secretary shall consult with Indian
tribes, other Federal agencies, State Historic Preservations Officers,
and other interested parties concerning the program under subsection (a).
§ 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
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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.
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§ 302703. Apportionment of grant funds
In consultation with interested Indian tribes, other Native American organizations, and affected State Historic Preservation Officers,
the Secretary shall establish and implement procedures for carrying
out section 302902(c)(1)(A) of this title with respect to tribal programs that assume responsibilities under section 302702 of this
title.
§ 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;
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(B) representatives of other Indian tribes whose traditional land is under the jurisdiction of the Indian tribe
assuming responsibilities; and
(C) the interested public.
§ 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.
§ 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.
302902.
302903.
302904.
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302905.
302906.
302907.
302908.
302909.
302910.
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Awarding of grants and availability of grant funds.
Grants to States.
Grants to National Trust.
Direct grants for the preservation of properties included on National Register.
Religious property.
Grants and loans to Indian tribes and nonprofit organizations representing ethnic or minority groups.
Grants to Indian tribes and Native Hawaiian organizations.
Grants to the Federated States of Micronesia, the Republic of the Marshall Islands, and the Republic of Palau.
Prohibited use of grant amounts.
Recordkeeping.
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§ 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.
§ 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 NONFEDERAL 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).
§ 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
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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.
§ 302904. Direct grants for the preservation of properties
included on National Register
(a) ADMINISTRATION OF PROGRAM.—The Secretary shall administer a program of direct grants for the preservation of properties
included on the National Register.
(b) AVAILABLE AMOUNT.—Funds to support the program annually
shall not exceed 10 percent of the amount appropriated annually
for the Historic Preservation Fund.
(c) USES OF GRANTS.—
(1) IN GENERAL.—Grants under this section may be made
by the Secretary, in consultation with the appropriate State
Historic Preservation Officer—
(A) for the preservation of—
(i) National Historic Landmarks that are threatened
with demolition or impairment; and
(ii) historic property of World Heritage significance;
(B) for demonstration projects that will provide information concerning professional methods and techniques
having application to historic property;
(C) for the training and development of skilled labor
in trades and crafts, and in analysis and curation, relating
to historic preservation; and
(D) to assist individuals or small businesses within any
historic district included on the National Register to remain
within the district.
(2) LIMIT ON CERTAIN GRANTS.—A grant may be made under
subparagraph (A) or (D) of paragraph (1) only to the extent
that the project cannot be carried out in as effective a manner
through the use of an insured loan under section 303901 of
this title.
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§ 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.
§ 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.
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§ 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.
§ 302908. Grants to the Federated States of Micronesia, the
Republic of the Marshall Islands, and the
Republic of Palau
(a) IN GENERAL.—As part of the program of matching grant
assistance from the Historic Preservation Fund to States, the Secretary shall administer a program of direct grants to the Federated
States of Micronesia, the Republic of the Marshall Islands, and
the Republic of Palau in furtherance of the Compact of Free Association between the United States and the Federated States of Micronesia and the Marshall Islands, approved by the Compact of Free
Association Act of 1985 (48 U.S.C. 1901 et seq., 2001 et seq.),
and the Compact of Free Association between the United States
and Palau, approved by the Joint Resolution entitled ‘‘Joint Resolution to approve the ‘Compact of Free Association’ between the
United States and Government of Palau, and for other purposes’’
(48 U.S.C. 1931 et seq.) or any successor enactment.
(b) GOAL OF PROGRAM.—The goal of the program shall be to
establish historic and cultural preservation programs that meet
the unique needs of each of those nations so that at the termination
of the compacts the programs shall be firmly established.
(c) BASIS OF ALLOCATING AMOUNTS.—The amounts to be made
available under this subsection shall be allocated by the Secretary
on the basis of needs as determined by the Secretary.
(d) WAIVERS AND MODIFICATIONS.—The Secretary may waive or
modify the requirements of this subdivision to conform to the cultural setting of those nations. Matching funds may be waived or
modified.
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§ 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.
§ 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.
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PUBLIC LAW 113–287—DEC. 19, 2014
Chapter 3031—Historic Preservation Fund
Sec.
303101.
303102.
303103.
Establishment.
Content.
Use and availability.
§ 303101. Establishment
To carry out this division (except chapter 3041) and chapter
3121, there is established in the Treasury the Historic Preservation
Fund.
§ 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.
§ 303103. Use and availability
Amounts in the Historic Preservation Fund shall be used only
to carry out this division and shall be available for expenditure
only when appropriated by Congress. Any amount not appropriated
shall remain available in the Historic Preservation Fund until
appropriated for those purposes. Appropriations made pursuant
to this section may be made without fiscal year limitation.
Chapters 3033 Through 3037—Reserved
Chapter 3039—Miscellaneous
Sec.
303901.
303902.
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303903.
Loan insurance program for preservation of property included on National
Register.
Training in, and dissemination of information concerning, professional
methods and techniques for preservation of historic property.
Preservation education and training program.
§ 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;
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(4) the Secretary has determined that the loan is adequately
secured and there is reasonable assurance of repayment;
(5) the repayment period of the loan does not exceed the
lesser of 40 years or the expected life of the asset financed;
(6) the amount insured with respect to the loan does not
exceed 90 percent of the loss sustained by the lender with
respect to the loan; and
(7) the loan, the borrower, and the historic property to be
preserved meet such other terms and conditions as may be
prescribed by the Secretary by regulation, especially terms
and conditions relating to the nature and quality of the
preservation work.
(c) CONSULTATION.—The Secretary shall consult with the Secretary of the Treasury regarding the interest rate of loans insured
under this section.
(d) LIMITATION ON AMOUNT OF UNPAID PRINCIPAL BALANCE OF
LOANS.—The aggregate unpaid principal balance of loans insured
under this section may not exceed the amount that has been deposited in the Historic Preservation Fund but which has not been
appropriated for any purpose.
(e) INSURANCE CONTRACTS.—Any contract of insurance executed
by the Secretary under this section may be assignable, shall be
an obligation supported by the full faith and credit of the United
States, and shall be incontestable except for fraud or misrepresentation of which the holder had actual knowledge at the time it
became a holder.
(f) CONDITIONS AND METHODS OF PAYMENT AS RESULT OF LOSS.—
The Secretary shall specify, by regulation and in each contract
entered into under this section, the conditions and method of payment to a private lender as a result of losses incurred by the
lender on any loan insured under this section.
(g) PROTECTION OF FINANCIAL INTERESTS OF FEDERAL GOVERNMENT.—In entering into any contract to insure a loan under this
section, the Secretary shall take steps to ensure adequate protection
of the financial interests of the Federal Government. The Secretary
may—
(1) in connection with any foreclosure proceeding, obtain,
on behalf of the Federal Government, the historic property
securing a loan insured under this section; and
(2) operate or lease the historic property for such period
as may be necessary to protect the interest of the Federal
Government and to carry out subsection (h).
(h) CONVEYANCE TO GOVERNMENTAL OR NONGOVERNMENTAL
ENTITY OF PROPERTY ACQUIRED BY FORECLOSURE.—
(1) ATTEMPT TO CONVEY TO ENSURE PROPERTY’S PRESERVATION
AND USE.—In any case in which historic property is obtained
pursuant to subsection (g), the Secretary shall attempt to
convey the property to any governmental or nongovernmental
entity under conditions that will ensure the property’s continued preservation and use. If, after a reasonable time, the Secretary, in consultation with the Council, determines that there
is no feasible and prudent means to convey the property and
to ensure its continued preservation and use, the Secretary
may convey the property at the fair market value of its interest
in the property to any entity without restriction.
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(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.
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§ 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.
§ 303903. Preservation education and training program
The Secretary, in consultation with the Council and other appropriate Federal, tribal, Native Hawaiian, and non-Federal organizations, shall develop and implement a comprehensive preservation
education and training program. The program shall include—
(1) standards and increased preservation training opportunities for Federal workers involved in preservation-related functions;
(2) preservation training opportunities for other Federal,
State, tribal and local government workers, and students;
(3) technical or financial assistance, or both, to historically
black colleges and universities, to tribal colleges, and to colleges
with a high enrollment of Native Americans or Native Hawaiians, to establish preservation training and degree programs;
and
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(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.
304102.
304103.
304104.
304105.
304106.
304107.
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304108.
304109.
304110.
304111.
304112.
Establishment; vacancies.
Duties of Council.
Cooperation between Council and instrumentalities of executive branch of
Federal Government.
Compensation of members of Council.
Administration.
International Centre for the Study of the Preservation and Restoration of
Cultural Property.
Transmittal of legislative recommendations, testimony, or comments to
any officer or agency of the United States prior to submission to Congress.
Regulations, procedures, and guidelines.
Budget submission.
Report by Secretary to Council.
Reimbursements from State and local agencies.
Effectiveness of Federal grant and assistance programs.
§ 304101. Establishment; vacancies
(a) ESTABLISHMENT.—There is established as an independent
agency of the United States Government an Advisory Council on
Historic Preservation, which shall be composed of the following
members:
(1) A Chairman appointed by the President selected from
the general public.
(2) The Secretary.
(3) The Architect of the Capitol.
(4) The Secretary of Agriculture and the heads of 7 other
agencies of the United States (other than the Department of
the Interior), the activities of which affect historic preservation,
designated by the President.
(5) One Governor appointed by the President.
(6) One mayor appointed by the President.
(7) The President of the National Conference of State Historic
Preservation Officers.
(8) The Chairman of the National Trust.
(9) Four experts in the field of historic preservation appointed
by the President from architecture, history, archeology, and
other appropriate disciplines.
(10) Three members from the general public, appointed by
the President.
(11) One member of an Indian tribe or Native Hawaiian
organization who represents the interests of the Indian tribe
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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 departmentwide 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.
§ 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
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128 STAT. 3211
(7) inform and educate Federal agencies, State and local
governments, Indian tribes, other nations and international
organizations and private groups and individuals as to the
Council’s authorized activities.
(b) ANNUAL REPORT.—The Council annually shall submit to the
President a comprehensive report of its activities and the results
of its studies and shall from time to time submit additional and
special reports as it deems advisable. Each report shall propose
legislative enactments and other actions as, in the judgment of
the Council, are necessary and appropriate to carry out its recommendations and shall provide the Council’s assessment of current
and emerging problems in the field of historic preservation and
an evaluation of the effectiveness of the programs of Federal agencies, State and local governments, and the private sector in carrying
out this division.
§ 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.
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§ 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.
§ 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;
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PUBLIC LAW 113–287—DEC. 19, 2014
(C) assist the Department of Justice in handling litigation
concerning the Council in court; and
(D) perform such other legal duties and functions as
the Executive Director and the Council may direct.
(c) APPOINTMENT AND COMPENSATION OF OFFICERS AND
EMPLOYEES.—The Executive Director of the Council may appoint
and fix the compensation of officers and employees in the competitive service who are necessary to perform the functions of the
Council at rates not to exceed that prescribed for the highest
rate for grade 15 of the General Schedule under section 5332
of title 5. The Executive Director, with the concurrence of the
Chairman, may appoint and fix the compensation of not to exceed
5 employees in the competitive service at rates that exceed that
prescribed for the highest rate established for grade 15 of the
General Schedule under section 5332 of title 5 or in the Senior
Executive Service under section 3393 of title 5.
(d) APPOINTMENT AND COMPENSATION OF ADDITIONAL PERSONNEL.—The Executive Director may appoint and fix the compensation of such additional personnel as may be necessary to
carry out the Council’s duties, without regard to the civil service
laws and chapter 51 and subchapter III of chapter 53 of title
5.
(e) EXPERT AND CONSULTANT SERVICES.—The Executive Director
may procure expert and consultant services in accordance with
section 3109 of title 5.
(f) FINANCIAL AND ADMINISTRATIVE SERVICES.—
(1) SERVICES TO BE PROVIDED BY SECRETARY, AGENCY, OR
PRIVATE
ENTITY.—Financial
and administrative services
(including those related to budgeting, accounting, financial
reporting, personnel and procurement) shall be provided the
Council by the Secretary or, at the discretion of the Council,
another agency or private entity that reaches an agreement
with the Council, for which payments shall be made in advance,
or by reimbursement, from funds of the Council in such
amounts as may be agreed on by the Chairman of the Council
and the head of the agency or the authorized representative
of the private entity that will provide the services.
(2) FEDERAL AGENCY REGULATIONS RELATING TO COLLECTION
APPLY.—When a Federal agency affords those services, the regulations of that agency under section 5514(b) of title 5 for the
collection of indebtedness of personnel resulting from erroneous
payments shall apply to the collection of erroneous payments
made to or on behalf of a Council employee, and regulations
of that agency under sections 1513(d) and 1514 of title 31
for the administrative control of funds shall apply to appropriations of the Council. The Council shall not be required to
prescribe those regulations.
(g) FUNDS, PERSONNEL, FACILITIES, AND SERVICES.—
(1) PROVIDED BY FEDERAL AGENCY.—Any Federal agency may
provide the Council, with or without reimbursement as may
be agreed on by the Chairman and the agency, with such
funds, personnel, facilities, and services under its jurisdiction
and control as may be needed by the Council to carry out
its duties, to the extent that the funds, personnel, facilities,
and services are requested by the Council and are otherwise
available for that purpose. Any funds provided to the Council
pursuant to this subsection shall be obligated by the end of
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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.
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§ 304106. International Centre for the Study of the Preservation and Restoration of Cultural Property
(a) AUTHORIZATION OF PARTICIPATION.—The participation of the
United States as a member in the International Centre for the
Study of the Preservation and Restoration of Cultural Property
is authorized.
(b) OFFICIAL DELEGATION.—The Council shall recommend to the
Secretary of State, after consultation with the Smithsonian Institution and other public and private organizations concerned with
the technical problems of preservation, the members of the official
delegation that will participate in the activities of the International
Centre for the Study of the Preservation and Restoration of Cultural
Property on behalf of the United States. The Secretary of State
shall appoint the members of the official delegation from the persons
recommended to the Secretary of State by the Council.
§ 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.
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§ 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.
§ 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.
§ 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.
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§ 304111. Reimbursements from State and local agencies
Subject to applicable conflict of interest laws, the Council may
receive reimbursements from State and local agencies and others
pursuant to agreements executed in furtherance of this division.
§ 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.
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(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
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Sec.
305101.
305102.
305103.
305104.
305105.
305106.
Definitions.
Duties of Secretary in providing a national historic light station program.
Selection of eligible entity and conveyance of historic light stations.
Terms of conveyance.
Description of property.
Historic light station sales.
§ 305101. Definitions
In this chapter:
(1) ADMINISTRATOR.—The term ‘‘Administrator’’ means the
Administrator of General Services.
(2) ELIGIBLE ENTITY.—The term ‘‘eligible entity’’ means—
(A) any department or agency of the Federal Government;
or
(B) any department or agency of the State in which
a historic light station is located, the local government
of the community in which a historic light station is located,
a nonprofit corporation, an educational agency, or a community development organization that—
(i) has agreed to comply with the conditions set
forth in section 305104 of this title and to have the
conditions recorded with the deed of title to the historic
light station; and
(ii) is financially able to maintain the historic light
station in accordance with the conditions set forth in
section 305104 of this title.
(3) FEDERAL AID TO NAVIGATION.—
(A) IN GENERAL.—The term ‘‘Federal aid to navigation’’
means any device, operated and maintained by the United
States, external to a vessel or aircraft, intended to assist
a navigator to determine position or safe course, or to
warn of dangers or obstructions to navigation.
(B) INCLUSIONS.—The term ‘‘Federal aid to navigation’’
includes a light, lens, lantern, antenna, sound signal,
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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.
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§ 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.
§ 305103. Selection of eligible entity and conveyance of historic light stations
(a) PROCESS AND POLICIES.—The Secretary and the Administrator
shall maintain a process and policies for identifying, and selecting,
an eligible entity to which a historic light station could be conveyed
for education, park, recreation, cultural, or historic preservation
purposes, and to monitor the use of the light station by the eligible
entity.
(b) APPLICATION REVIEW.—
(1) IN GENERAL.—The Secretary shall—
(A) review all applications for the conveyance of a historic
light station, when the agency with administrative jurisdiction over the historic light station has determined the
property to be excess property (as that term is defined
in section 102 of title 40); and
(B) forward to the Administrator a single approved
application for the conveyance of the historic light station.
(2) CONSULTATION.—When selecting an eligible entity, the
Secretary shall consult with the State Historic Preservation
Officer of the State in which the historic light station is located.
(c) CONVEYANCE OR SALE OF HISTORIC LIGHT STATIONS.—
(1) CONVEYANCE BY ADMINISTRATOR.—Except as provided in
paragraph (2), after the Secretary’s selection of an eligible
entity, the Administrator shall convey, by quitclaim deed, without consideration, all right, title, and interest of the United
States in and to a historic light station, subject to the conditions
set forth in section 305104 of this title. The conveyance of
a historic light station under this chapter shall not be subject
to the McKinney-Vento Homeless Assistance Act (42 U.S.C.
11301 et seq.) or section 416(d) of the Coast Guard Authorization Act of 1998 (Public Law 105–383, 14 U.S.C. 93 note).
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(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
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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.
§ 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
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PUBLIC LAW 113–287—DEC. 19, 2014
(B) any proposed changes to the historic light station shall
be reviewed and approved by the Secretary in consultation
with the State Historic Preservation Officer of the State in
which the historic light station is located, for consistency with
section 800.5(a)(2)(vii) of title 36, Code of Federal Regulations
and the Secretary’s Standards for Rehabilitation contained in
section 67.7 of title 36, Code of Federal Regulations;
(5) the eligible entity to which the historic light station is
conveyed shall make the historic light station available for
education, park, recreation, cultural, or historic preservation
purposes for the general public at reasonable times and under
reasonable conditions;
(6) the eligible entity to which the historic light station is
conveyed shall not sell, convey, assign, exchange, or encumber
the historic light station, any part of the historic light station,
or any associated historic artifact conveyed to the eligible entity
in conjunction with the historic light station conveyance,
including any lens or lantern, unless the sale, conveyance,
assignment, exchange, or encumbrance is approved by the Secretary;
(7) the eligible entity to which the historic light station is
conveyed shall not conduct any commercial activity at the historic light station, at any part of the historic light station,
or in connection with any associated historic artifact conveyed
to the eligible entity in conjunction with the historic light
station conveyance, in any manner, unless the commercial
activity is approved by the Secretary; and
(8) the United States shall have the right, at any time,
to enter the historic light station without notice, for purposes
of operating, maintaining, and inspecting any aid to navigation
and for the purpose of ensuring compliance with this section,
to the extent that it is not possible to provide advance notice.
(b) MAINTENANCE OF AID TO NAVIGATION.—Any eligible entity
to which a historic light station is conveyed shall not be required
to maintain any Federal aid to navigation associated with a historic
light station, except any private aid to navigation permitted to
the eligible entity under section 83 of title 14.
(c) REVERSION.—In addition to any term or condition established
pursuant to this section, the conveyance of a historic light station
shall include a condition that the historic light station, or any
associated historic artifact conveyed to the eligible entity in conjunction with the historic light station conveyance, including any lens
or lantern, at the option of the Administrator, shall revert to the
United States and be placed under the administrative control of
the Administrator, if—
(1) the historic light station, any part of the historic light
station, or any associated historic artifact ceases to be available
for education, park, recreation, cultural, or historic preservation
purposes for the general public at reasonable times and under
reasonable conditions that shall be set forth in the eligible
entity’s application;
(2) the historic light station or any part of the historic light
station ceases to be maintained in a manner that ensures
its present or future use as a site for a Federal aid to navigation;
(3) the historic light station, any part of the historic light
station, or any associated historic artifact ceases to be maintained in compliance with this division, the Secretary of the
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Interior’s Standards for the Treatment of Historic Properties
contained in part 68 of title 36, Code of Federal Regulations,
and other applicable laws;
(4) the eligible entity to which the historic light station is
conveyed sells, conveys, assigns, exchanges, or encumbers the
historic light station, any part of the historic light fixture,
or any associated historic artifact, without approval of the
Secretary;
(5) the eligible entity to which the historic light station is
conveyed conducts any commercial activity at the historic light
station, at any part of the historic light station, or in conjunction with any associated historic artifact, without approval
of the Secretary; or
(6) at least 30 days before the reversion, the Administrator
provides written notice to the owner that the historic light
station or any part of the historic light station is needed for
national security purposes.
(d) LIGHT STATIONS ORIGINALLY CONVEYED UNDER OTHER
AUTHORITY.—On receiving notice of an executed or intended conveyance by an owner that received from the Federal Government
under authority other than this division a historic light station
in which the United States retains a reversionary or other interest
and that is conveying it to another person by sale, gift, or any
other manner, the Secretary shall review the terms of the executed
or proposed conveyance to ensure that any new owner is capable
of or is complying with any and all conditions of the original
conveyance. The Secretary may require the parties to the conveyance and relevant Federal agencies to provide information as is
necessary to complete the review. If the Secretary determines that
the new owner has not complied or is unable to comply with
those conditions, the Secretary shall immediately advise the
Administrator, who shall invoke any reversionary interest or take
other action as may be necessary to protect the interests of the
United States.
§ 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.
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(d) SUBMERGED LAND.—No submerged land shall be conveyed
under this chapter.
§ 305106. Historic light station sales
(a) IN GENERAL.—
(1) WHEN SALE MAY OCCUR.—If no applicant is approved
for the conveyance of a historic light station pursuant to sections 305101 through 305105 of this title, the historic light
station shall be offered for sale.
(2) TERMS OF SALE.—Terms of the sales—
(A) shall be developed by the Administrator; and
(B) shall be consistent with the requirements of paragraphs (1) to (4) and (8) of subsection (a), and subsection
(b), of section 305104 of this title.
(3) COVENANTS TO BE INCLUDED IN CONVEYANCE DOCUMENTS.—Conveyance documents shall include all necessary covenants to protect the historical integrity of the historic light
station and ensure that any Federal aid to navigation located
at the historic light station is operated and maintained by
the United States for as long as needed for that purpose.
(b) NET SALE PROCEEDS.—
(1) DISPOSITION AND USE OF FUNDS.—Net sale proceeds from
the disposal of a historic light station—
(A) located on public domain land shall be transferred
to the National Maritime Heritage Grants Program established under chapter 3087 in the Department of the
Interior; and
(B) under the administrative control of the Secretary
of Homeland Security—
(i) shall be credited to the Coast Guard’s Operating
Expenses appropriation account; and
(ii) shall be available for obligation and expenditure
for the maintenance of light stations remaining under
the administrative control of the Secretary of Homeland Security.
(2) AVAILABILITY OF FUNDS.—The funds referred to in paragraph (1)(B) shall remain available until expended and shall
be available in addition to funds available in the Coast Guard’s
Operating Expense appropriation for that purpose.
Chapter 3053—National Center for
Preservation Technology and Training
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Sec.
305301.
305302.
305303.
305304.
305305.
305306.
Definitions.
National Center for Preservation Technology and Training.
Preservation Technology and Training Board.
Preservation grants.
General provisions.
Service preservation centers and offices.
§ 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.
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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.
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§ 305302. National Center for Preservation Technology and
Training
(a) ESTABLISHMENT.—There is established within the Department
of the Interior a National Center for Preservation Technology and
Training. The Center shall be located at Northwestern State University of Louisiana in Natchitoches, Louisiana.
(b) PURPOSES.—The purposes of the Center shall be to—
(1) develop and distribute preservation and conservation
skills and technologies for the identification, evaluation, conservation, and interpretation of historic property;
(2) develop and facilitate training for Federal, State, and
local resource preservation professionals, cultural resource
managers, maintenance personnel, and others working in the
preservation field;
(3) take steps to apply preservation technology benefits from
ongoing research by other agencies and institutions;
(4) facilitate the transfer of preservation technology among
Federal agencies, State and local governments, universities,
international organizations, and the private sector; and
(5) cooperate with related international organizations
including the International Council on Monuments and Sites,
the International Center for the Study of Preservation and
Restoration of Cultural Property, and the International Council
on Museums.
(c) PROGRAMS.—The purposes shall be carried out through
research, professional training, technical assistance, and programs
for public awareness, and through a program of grants established
under section 305304 of this title.
(d) EXECUTIVE DIRECTOR.—The Center shall be headed by an
Executive Director with demonstrated expertise in historic preservation appointed by the Secretary with advice of the Board.
(e) ASSISTANCE FROM SECRETARY.—The Secretary shall provide
the Center assistance in obtaining such personnel, equipment, and
facilities as may be needed by the Center to carry out its activities.
§ 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
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organizations in the fields of archeology, architecture, conservation, curation, engineering, history, historic preservation, landscape architecture, planning, or preservation education.
§ 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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§ 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.
§ 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
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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.
305502.
305503.
305504.
305505.
Definitions.
Cooperative agreement to operate museum.
Activities and functions.
Matching grants to Committee.
Annual report.
§ 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.
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§ 305502. Cooperative agreement to operate museum
To provide a national center to commemorate and encourage
the building arts and to preserve and maintain a nationally significant building that exemplifies the great achievements of the
building arts in the United States, the Secretary and the Administrator of General Services shall enter into a cooperative agreement
with the Committee for the operation of a National Building
Museum in the Federal building located in the block bounded
by Fourth Street, Fifth Street, F Street, and G Street, Northwest
in Washington, District of Columbia. The cooperative agreement
shall include provisions that—
(1) make the site available to the Committee without charge;
(2) provide, subject to available appropriations, such maintenance, security, information, janitorial, and other services as
may be necessary to ensure the preservation and operation
of the site; and
(3) prescribe reasonable terms and conditions by which the
Committee can fulfill its responsibilities under this division.
§ 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;
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(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.
§ 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.
§ 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
§ 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.
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(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.
§ 306102. Preservation program
(a) ESTABLISHMENT.—Each Federal agency shall establish (except
for programs or undertakings exempted pursuant to section
304108(c) of this title), in consultation with the Secretary, a
preservation program for the identification, evaluation, and nomination to the National Register, and protection, of historic property.
(b) REQUIREMENTS.—The program shall ensure that—
(1) historic property under the jurisdiction or control of the
agency is identified, evaluated, and nominated to the National
Register;
(2) historic property under the jurisdiction or control of the
agency is managed and maintained in a way that considers
the preservation of their historic, archeological, architectural,
and cultural values in compliance with section 306108 of this
title and gives special consideration to the preservation of those
values in the case of property designated as having national
significance;
(3) the preservation of property not under the jurisdiction
or control of the agency but potentially affected by agency
actions is given full consideration in planning;
(4) the agency’s preservation-related activities are carried
out in consultation with other Federal, State, and local agencies,
Indian tribes, Native Hawaiian organizations carrying out historic preservation planning activities, and the private sector;
and
(5) the agency’s procedures for compliance with section
306108 of this title—
(A) are consistent with regulations promulgated by the
Council pursuant to section 304108(a) and (b) of this title;
(B) provide a process for the identification and evaluation
of historic property for listing on the National Register
and the development and implementation of agreements,
in consultation with State Historic Preservation Officers,
local governments, Indian tribes, Native Hawaiian
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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)).
§ 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.
§ 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.
§ 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.
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§ 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.
§ 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.
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§ 306108. Effect of undertaking on historic property
The head of any Federal agency having direct or indirect jurisdiction over a proposed Federal or federally assisted undertaking in
any State and the head of any Federal department or independent
agency having authority to license any undertaking, prior to the
approval of the expenditure of any Federal funds on the undertaking
or prior to the issuance of any license, shall take into account
the effect of the undertaking on any historic property. The head
of the Federal agency shall afford the Council a reasonable opportunity to comment with regard to the undertaking.
§ 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.
§ 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.
§ 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.
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§ 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.
§ 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,
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determines that circumstances justify granting the assistance
despite the adverse effect created or permitted by the applicant.
§ 306114. Documentation of decisions respecting undertakings
With respect to any undertaking subject to section 306108 of
this title that adversely affects any historic property for which
a Federal agency has not entered into an agreement pursuant
to regulations issued by the Council, the head of the agency shall
document any decision made pursuant to section 306108 of this
title. The head of the agency may not delegate the responsibility
to document a decision pursuant to this section. Where an agreement pursuant to regulations issued by the Council has been
executed with respect to an undertaking, the agreement shall
govern the undertaking and all of its parts.
Subchapter II—Lease, Exchange, or
Management of Historic Property
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§ 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.
§ 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.
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Subchapter III—Protection and
Preservation of Resources
§ 306131. Standards and guidelines
(a) STANDARDS.—
(1) IN GENERAL.—Each Federal agency that is responsible
for the protection of historic property (including archeological
property) pursuant to this division or any other law shall ensure
that—
(A) all actions taken by employees or contractors of the
agency meet professional standards under regulations
developed by the Secretary in consultation with the
Council, other affected agencies, and the appropriate
professional societies of archeology, architecture, conservation, history, landscape architecture, and planning;
(B) agency personnel or contractors responsible for historic property meet qualification standards established by
the Office of Personnel Management in consultation with
the Secretary and appropriate professional societies of
archeology, architecture, conservation, curation, history,
landscape architecture, and planning; and
(C) records and other data, including data produced by
historical research and archeological surveys and excavations, are permanently maintained in appropriate databases and made available to potential users pursuant to
such regulations as the Secretary shall promulgate.
(2) CONSIDERATIONS.—The standards referred to in paragraph
(1)(B) shall consider the particular skills and expertise needed
for the preservation of historic property and shall be equivalent
requirements for the disciplines involved.
(3) REVISION.—The Office of Management and Budget shall
revise qualification standards for the disciplines involved.
(b) GUIDELINES.—To promote the preservation of historic property
eligible for listing on the National Register, the Secretary shall,
in consultation with the Council, promulgate guidelines to ensure
that Federal, State, and tribal historic preservation programs subject to this division include plans to—
(1) provide information to the owners of historic property
(including architectural, curatorial, and archeological property)
with demonstrated or likely research significance, about the
need for protection of the historic property, and the available
means of protection;
(2) encourage owners to preserve historic property intact
and in place and offer the owners of historic property information on the tax and grant assistance available for the donation
of the historic property or of a preservation easement of the
historic property;
(3) encourage the protection of Native American cultural
items (within the meaning of section 2 of the Native American
Graves Protection and Repatriation Act (25 U.S.C. 3001)) and
of property of religious or cultural importance to Indian tribes,
Native Hawaiian organizations, or other Native American
groups; and
(4) encourage owners that are undertaking archeological excavations to—
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(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.
307102.
307103.
307104.
307105.
307106.
307107.
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307108.
World Heritage Convention.
Effective date of regulations.
Access to information.
Inapplicability of division to White House, Supreme Court building, or
United States Capitol.
Attorney’s fees and costs to prevailing parties in civil actions.
Authorization for expenditure of appropriated funds.
Donations and bequests of money, personal property, and less than fee interests in historic property.
Privately donated funds.
§ 307101. World Heritage Convention
(a) AUTHORITY OF SECRETARY.—In carrying out this section, the
Secretary of the Interior may act directly or through an appropriate
officer in the Department of the Interior.
(b) PARTICIPATION BY UNITED STATES.—The Secretary shall direct
and coordinate participation by the United States in the World
Heritage Convention in cooperation with the Secretary of State,
the Smithsonian Institution, and the Council. Whenever possible,
expenditures incurred in carrying out activities in cooperation with
other nations and international organizations shall be paid for
in such excess currency of the country or area where the expense
is incurred as may be available to the United States.
(c) NOMINATION OF PROPERTY TO WORLD HERITAGE COMMITTEE.—
The Secretary shall periodically nominate property that the Secretary determines is of international significance to the World Heritage Committee on behalf of the United States. No property may
be nominated unless it has previously been determined to be of
national significance. Each nomination shall include evidence of
such legal protections as may be necessary to ensure preservation
of the property and its environment (including restrictive covenants,
easements, or other forms of protection). Before making any nomination, the Secretary shall notify the Committee on Natural Resources
of the House of Representatives and the Committee on Energy
and Natural Resources of the Senate.
(d) NOMINATION OF NON-FEDERAL PROPERTY TO WORLD HERITAGE
COMMITTEE REQUIRES WRITTEN CONCURRENCE OF OWNER.—No nonFederal 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.
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(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.
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§ 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.
§ 307103. Access to information
(a) AUTHORITY TO WITHHOLD FROM DISCLOSURE.—The head of
a Federal agency, or other public official receiving grant assistance
pursuant to this division, after consultation with the Secretary,
shall withhold from disclosure to the public information about the
location, character, or ownership of a historic property if the Secretary and the agency determine that disclosure may—
(1) cause a significant invasion of privacy;
(2) risk harm to the historic property; or
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(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).
§ 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.
§ 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.
§ 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.
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§ 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.
§ 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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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.
308102.
308103.
Definition.
Preservation assistance.
Battlefield acquisition grant program.
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§ 308101. Definition
In this chapter, the term ‘‘Secretary’’ means the Secretary, acting
through the American Battlefield Protection Program.
§ 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.
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§ 308103. Battlefield acquisition grant program
(a) DEFINITION.—In this section, the term ‘‘eligible site’’ means
a site—
(1) that is not within the exterior boundaries of a System
unit; and
(2) that is identified in the document entitled ‘‘Report on
the Nation’s Civil War Battlefields’’, prepared by the Civil
War Sites Advisory Commission, and dated July 1993.
(b) ESTABLISHMENT.—The Secretary shall establish a battlefield
acquisition grant program under which the Secretary may provide
grants to State and local governments to pay the Federal share
of the cost of acquiring interests in eligible sites for the preservation
and protection of those eligible sites.
(c) NONPROFIT PARTNERS.—A State or local government may
acquire an interest in an eligible site using a grant under this
section in partnership with a nonprofit organization.
(d) NON-FEDERAL SHARE.—The non-Federal share of the total
cost of acquiring an interest in an eligible site under this section
shall be not less than 50 percent.
(e) LIMITATION ON LAND USE.—An interest in an eligible site
acquired under this section shall be subject to section 200305(f)(3)
of this title.
(f) AUTHORIZATION OF APPROPRIATIONS.—There is authorized to
be appropriated to the Secretary to provide grants under this section
$10,000,000 for each of fiscal years 2012 and 2013.
Chapter 3083—National Underground
Railroad Network to Freedom
Sec.
308301.
308302.
308303.
308304.
Definition.
Program.
Preservation and interpretation of Underground Railroad history, historic
sites, and structures.
Authorization of appropriations.
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§ 308301. Definition
In this chapter, the term ‘‘national network’’ means the National
Underground Railroad Network to Freedom established under section 308302 of this title.
§ 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:
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(1) All System units and programs of the Service determined
by the Secretary to pertain to the Underground Railroad.
(2) Other Federal, State, local, and privately owned properties
pertaining to the Underground Railroad that have a verifiable
connection to the Underground Railroad and that are included
on, or determined by the Secretary to be eligible for inclusion
on, the National Register of Historic Places.
(3) Other governmental and nongovernmental facilities and
programs of an educational, research, or interpretive nature
that are directly related to the Underground Railroad.
(c) COOPERATIVE AGREEMENTS AND MEMORANDA OF UNDERSTANDING.—To achieve the purposes of this chapter and to ensure
effective coordination of the Federal and non-Federal elements of
the national network with System units and programs of the
Service, the Secretary may enter into cooperative agreements and
memoranda of understanding with, and provide technical assistance—
(1) to the heads of other Federal agencies, States, localities,
regional governmental bodies, and private entities; and
(2) in cooperation with the Secretary of State, to the governments of Canada, Mexico, and any appropriate country in the
Caribbean.
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§ 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.
§ 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—
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(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.
308502.
National women’s rights history project national registry.
National women’s rights history project partnerships network.
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§ 308501. National women’s rights history project national
registry
(a) IN GENERAL.—The Secretary may make annual grants to
State historic preservation offices for not more than 5 years to
assist the State historic preservation offices in surveying, evaluating, and nominating to the National Register of Historic Places
women’s rights history properties.
(b) ELIGIBILITY.—In making grants under subsection (a), the Secretary shall give priority to grants relating to properties associated
with the multiple facets of the women’s rights movement, such
as politics, economics, education, religion, and social and family
rights.
(c) UPDATES.—The Secretary shall ensure that the National Register travel itinerary website entitled ‘‘Places Where Women Made
History’’ is updated to contain—
(1) the results of the inventory conducted under subsection
(a); and
(2) any links to websites related to places on the inventory.
(d) COST-SHARING REQUIREMENT.—The Federal share of the cost
of any activity carried out using any assistance made available
under this section shall be 50 percent.
(e) AUTHORIZATION OF APPROPRIATIONS.—There is authorized to
be appropriated to the Secretary to carry out this section $1,000,000
for each of fiscal years 2012 and 2013.
§ 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.—
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(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.
308702.
308703.
308704.
308705.
308706.
308707.
Policy.
Definitions.
National Maritime Heritage Grants Program.
Funding.
Designation of America’s National Maritime Museum.
Regulations.
Applicability of other authorities.
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§ 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.
§ 308702. Definitions
In this chapter:
(1) NATIONAL TRUST.—The term ‘‘National Trust’’ means the
National Trust for Historic Preservation in the United States
established under section 312102 of this title.
(2) PRIVATE NONPROFIT ORGANIZATION.—The term ‘‘private
nonprofit organization’’ means any person that is exempt from
taxation under section 501(a) of the Internal Revenue Code
of 1986 (26 U.S.C. 501(a)) and described in section 501(c)(3)
of the Internal Revenue Code of 1986 (26 U.S.C. 501(c)(3)).
(3) PROGRAM.—The term ‘‘Program’’ means the National
Maritime Heritage Grants Program established under section
308703(a) of this title.
(4) STATE HISTORIC PRESERVATION OFFICER.—The term ‘‘State
Historic Preservation Officer’’ means a State Historic Preservation Officer appointed pursuant to section 302301(1) of this
title by the chief executive official of a State having a State
Historic Preservation Program approved by the Secretary under
that section.
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§ 308703. National Maritime Heritage Grants Program
(a) ESTABLISHMENT.—There is established in the Department of
the Interior the National Maritime Heritage Grants Program, to
foster in the American public a greater awareness and appreciation
of the role of maritime endeavors in our Nation’s history and
culture. The Program shall consist of—
(1) annual grants to the National Trust for subgrants
administered by the National Trust for maritime heritage education projects under subsection (b); and
(2) grants to State Historic Preservation Officers for maritime
heritage preservation projects carried out or administered by
those Officers under subsection (c).
(b) GRANTS FOR MARITIME HERITAGE EDUCATION PROJECTS.—
(1) GRANTS TO NATIONAL TRUST.—The Secretary, subject to
paragraph (2), and the availability of amounts for that purpose
under section 308704(b)(1)(A) of this title, shall make an annual
grant to the National Trust for maritime heritage education
projects.
(2) USE OF GRANTS.—Amounts received by the National Trust
as an annual grant under this subsection shall be used to
make subgrants to State and local governments and private
nonprofit organizations to carry out education projects that
have been approved by the Secretary under subsection (f) and
that consist of—
(A) assistance to any maritime museum or historical
society for—
(i) existing and new educational programs, exhibits,
educational activities, conservation, and interpretation
of artifacts and collections;
(ii) minor improvements to educational and museum
facilities; and
(iii) other similar activities;
(B) activities designed to encourage the preservation of
traditional maritime skills, including—
(i) building and operation of vessels of all sizes and
types for educational purposes;
(ii) special skills such as wood carving, sail making,
and rigging;
(iii) traditional maritime art forms; and
(iv) sail training;
(C) other educational activities relating to historic maritime resources, including—
(i) maritime educational waterborne-experience
programs in historic vessels or vessel reproductions;
(ii) maritime archeological field schools; and
(iii) educational programs on other aspects of maritime history;
(D) heritage programs focusing on maritime historic
resources, including maritime heritage trails and corridors;
or
(E) the construction and use of reproductions of historic
maritime resources for educational purposes, if a historic
maritime resource no longer exists or would be damaged
or consumed through direct use.
(c) GRANTS FOR MARITIME HERITAGE PRESERVATION PROJECTS.—
(1) GRANTS TO STATE HISTORIC PRESERVATION OFFICERS.—
The Secretary, acting through the National Maritime Initiative
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of the Service and subject to paragraph (2), and the availability
of amounts for that purpose under section 308704(b)(1)(B) of
this title, shall make grants to State Historic Preservation
Officers for maritime heritage preservation projects.
(2) USE OF GRANTS.—Amounts received by a State Historic
Preservation Officer as a grant under this subsection shall
be used by the Officer to carry out, or to make subgrants
to local governments and private nonprofit organizations to
carry out, projects that have been approved by the Secretary
under subsection (f) for the preservation of historic maritime
resources through—
(A) identification of historic maritime resources, including
underwater archeological sites;
(B) acquisition of historic maritime resources for the
purposes of preservation;
(C) repair, restoration, stabilization, maintenance, or
other capital improvements to historic maritime resources,
in accordance with standards prescribed by the Secretary;
and
(D) research, recording (through drawings, photographs,
or otherwise), planning (through feasibility studies,
architectural and engineering services, or otherwise), and
other services carried out as part of a preservation program
for historic maritime resources.
(d) CRITERIA FOR DIRECT GRANT AND SUBGRANT ELIGIBILITY.—
To qualify for a subgrant from the National Trust under subsection
(b), or a direct grant to or a subgrant from a State Historic Preservation Officer under subsection (c), a person shall—
(1) demonstrate that the project for which the direct grant
or subgrant will be used has the potential for reaching a broad
audience with an effective educational program based on American maritime history, technology, or the role of maritime
endeavors in American culture;
(2) match the amount of the direct grant or subgrant, on
a 1-to-1 basis, with non-Federal assets from non-Federal
sources, which may include cash or donated services fairly
valued as determined by the Secretary;
(3) maintain records as may be reasonably necessary to fully
disclose—
(A) the amount and the disposition of the proceeds of
the direct grant or subgrant;
(B) the total cost of the project for which the direct
grant or subgrant is made; and
(C) other records as may be required by the Secretary,
including such records as will facilitate an effective
accounting for project funds;
(4) provide access to the Secretary for the purposes of any
required audit and examination of any records of the person;
and
(5) be a unit of State or local government, or a private
nonprofit organization.
(e) PROCEDURES, TERMS, AND CONDITIONS.—
(1) APPLICATION PROCEDURES.—An application for a subgrant
under subsection (b), or a direct grant or subgrant under subsection (c), shall be submitted under procedures prescribed
by the Secretary.
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(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.
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(i) ASSISTANCE OF MARITIME PRESERVATION ORGANIZATIONS.—
The Secretary, the National Trust, and the State Historic Preservation Officers may, individually or jointly, enter into cooperative
agreements with any private nonprofit organization with appropriate expertise in maritime preservation issues, or other qualified
maritime preservation organizations, to assist in the administration
of the Program.
(j) REPORT TO CONGRESS.—The Secretary shall submit to Congress
an annual report on the Program, including—
(1) a description of each project funded under the Program
in the period covered by the report;
(2) the results or accomplishments of each such project; and
(3) recommended priorities for achieving the policy set forth
in section 308701 of this title.
§ 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.—
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(A) IN GENERAL.—Not more than 15 percent or $500,000,
whichever is less, of the amount available for the Program
under subsection (a)(1)(C) for a fiscal year may be used
for expenses of administering the Program.
(B) ALLOCATION.—Of the amount available under
subparagraph (A) for a fiscal year—
(i) one half shall be allocated to the National Trust
for expenses incurred in administering grants under
section 308703(b) of this title; and
(ii) one half shall be allocated as appropriate by
the Secretary to the Service and participating State
Historic Preservation Officers.
(c) DISPOSAL OF VESSELS.—
(1) REQUIREMENT.—The Secretary of Transportation shall dispose (by sale or by purchase of disposal services) of all vessels
described in paragraph (2)—
(A) in accordance with a priority system for disposing
of vessels, as determined by the Secretary, that shall
include provisions requiring the Maritime Administration
to—
(i) dispose of all deteriorated high priority ships that
are available for disposal within 12 months of their
designation as available for disposal; and
(ii) give priority to the disposition of those vessels
that pose the most significant danger to the environment or cost the most to maintain;
(B) in the manner that provides the best value to the
Federal Government, except in any case in which obtaining
the best value would require towing a vessel and the towing
poses a serious threat to the environment; and
(C) in accordance with the plan of the Department of
Transportation for disposal of those vessels and requirements under sections 57102 to 57104 of title 46.
(2) DESCRIPTION OF VESSELS.—The vessels referred to in paragraph (1) are the vessels in the National Defense Reserve
Fleet after July 1, 1994, that—
(A) are not assigned to the Ready Reserve Force component of the National Defense Reserve Fleet; and
(B) are not specifically authorized or required by statute
to be used for a particular purpose.
(d) TREATMENT OF AVAILABLE AMOUNTS.—Amounts available
under this section shall not be considered in any determination
of the amounts available to the Department of the Interior.
§ 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:
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(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.
§ 308706. Regulations
The Secretary, after consultation with the National Trust, the
National Conference of State Historic Preservation Officers, and
appropriate members of the maritime heritage community, shall
prescribe appropriate guidelines, procedures, and regulations to
carry out the chapter, including direct grant and subgrant priorities,
the method of solicitation and review of direct grant and subgrant
proposals, criteria for review of direct grant and subgrant proposals,
administrative requirements, reporting and recordkeeping requirements, and any other requirements the Secretary considers appropriate.
§ 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
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Sec.
308901.
308902.
308903.
308904.
308905.
Definitions.
Establishment.
Grants.
Guidelines and regulations.
Authorization of appropriations.
§ 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
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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.
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§ 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.
§ 308903. Grants
(a) DETERMINATION OF GRANTS.—Of the amounts made available
for grants under section 308905 of this title, not less than 50
percent shall be made available for grants for projects to preserve
collections and historic property, to be distributed through a
competitive grant process administered by the Secretary, subject
to the selection criteria established under subsection (d).
(b) APPLICATION FOR GRANTS.—To be considered for a grant under
the program an eligible entity shall submit to the Secretary an
application containing such information as the Secretary may
require.
(c) COLLECTIONS AND HISTORIC PROPERTY ELIGIBLE FOR
GRANTS.—
(1) IN GENERAL.—A collection or historic property shall be
provided a grant under the program only if the Secretary determines that the collection or historic property is—
(A) nationally significant; and
(B) threatened or endangered.
(2) ELIGIBLE COLLECTIONS.—A determination by the Secretary
regarding the national significance of a collection under paragraph (1)(A) shall be made in consultation with the organizations described in section 308902(b) of this title, as appropriate.
(3) ELIGIBLE HISTORIC PROPERTY.—To be eligible for a grant
under the program, a historic property shall, as of the date
of the grant application—
(A) be listed on the National Register of Historic Places
at the national level of significance; or
(B) be designated as a National Historic Landmark.
(d) SELECTION CRITERIA.—
(1) IN GENERAL.—The Secretary shall not provide a grant
under this chapter to a project for a collection or historic
property unless the project—
(A) eliminates or substantially mitigates the threat of
destruction or deterioration of the collection or historic
property;
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(B) has a clear public benefit; and
(C) is able to be completed on schedule and within the
budget described in the grant application.
(2) PREFERENCE.—In providing grants under this chapter,
the Secretary may give preference to projects that carry out
the purposes of both the program and the Preserve America
Program.
(3) LIMITATION.—In providing grants under this chapter, the
Secretary shall provide only one grant to each project selected
for a grant.
(e) CONSULTATION AND NOTIFICATION BY SECRETARY.—
(1) CONSULTATION.—
(A) IN GENERAL.—Subject to subparagraph (B), the Secretary shall consult with the organizations described in
section 308902(b) of this title in preparing the list of
projects to be provided grants for a fiscal year under the
program.
(B) LIMITATION.—If an organization described in section
308902(b) of this title has submitted an application for
a grant under the program, the organization shall be
recused by the Secretary from the consultation requirements under subparagraph (A) and section 308902(b) of
this title.
(2) NOTIFICATION.—Not later than 30 days before the date
on which the Secretary provides grants for a fiscal year under
the program, the Secretary shall submit to the Committee
on Energy and Natural Resources and Committee on Appropriations of the Senate and the Committee on Natural Resources
and Committee on Appropriations of the House of Representatives a list of any eligible projects that are to be provided
grants under the program for the fiscal year.
(f) COST-SHARING REQUIREMENT.—
(1) IN GENERAL.—The non-Federal share of the cost of carrying out a project provided a grant under this chapter shall
be not less than 50 percent of the total cost of the project.
(2) FORM OF NON-FEDERAL SHARE.—The non-Federal share
required under paragraph (1) shall be in the form of—
(A) cash; or
(B) donated supplies or related services, the value of
which shall be determined by the Secretary.
(3) REQUIREMENT.—The Secretary shall ensure that each
applicant for a grant has the capacity and a feasible plan
for securing the non-Federal share for an eligible project
required under paragraph (1) before a grant is provided to
the eligible project under the program.
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§ 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.
§ 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.
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PUBLIC LAW 113–287—DEC. 19, 2014
Chapter 3091—Commemoration of Former
Presidents
Sec.
309101.
Sites and structures that commemorate former Presidents.
§ 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
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Chapter 3111—Preserve America Program
Sec.
311101.
311102.
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311103.
311104.
311105.
128 STAT. 3247
Designation of Preserve America Communities.
Regulations.
Authorization of appropriations.
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§ 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).
§ 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.—
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(1) CONSULTATION.—The Secretary shall consult with the
Council in preparing the list of projects to be provided grants
for a fiscal year under the program.
(2) NOTIFICATION.—Not later than 30 days before the date
on which the Secretary provides grants for a fiscal year under
the program, the Secretary shall submit to the Committee
on Energy and Natural Resources and Committee on Appropriations of the Senate and the Committee on Natural Resources
and Committee on Appropriations of the House of Representatives a list of any eligible projects that are to be provided
grants under the program for the fiscal year.
(e) COST-SHARING REQUIREMENT.—
(1) IN GENERAL.—The non-Federal share of the cost of carrying out a project provided a grant under this chapter shall
be not less than 50 percent of the total cost of the project.
(2) FORM OF NON-FEDERAL SHARE.—The non-Federal share
required under paragraph (1) shall be in the form of—
(A) cash; or
(B) donated supplies and related services, the value of
which shall be determined by the Secretary.
(3) REQUIREMENT.—The Secretary shall ensure that each
applicant for a grant has the capacity to secure, and a feasible
plan for securing, the non-Federal share for an eligible project
required under paragraph (1) before a grant is provided to
the eligible project under the program.
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§ 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.
§ 311104. Regulations
The Secretary shall develop any guidelines and issue any regulations that the Secretary determines to be necessary to carry out
this chapter.
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§ 311105. Authorization of appropriations
There is authorized to be appropriated to carry out this chapter
$25,000,000 for each fiscal year, to remain available until expended.
Subdivision 3—Administered by Other
Than National Park Service
Chapter 3121—National Trust for Historic
Preservation in the United States
Sec.
312101.
312102.
312103.
312104.
312105.
312106.
Definitions.
Establishment and purposes.
Principal office.
Board of trustees.
Powers.
Consultation with National Park System Advisory Board.
§ 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.
§ 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.
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§ 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.
§ 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.
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(2) Not fewer than 6 general trustees who shall be citizens
of the United States.
(b) DESIGNATION OF ANOTHER OFFICER.—The Attorney General
and the Secretary, when it appears desirable in the interest of
the conduct of the business of the Board and to such extent as
they consider it advisable, may, by written notice to the National
Trust, designate any officer of their respective departments to act
for them in the discharge of their duties as a member of the
Board.
(c) GENERAL TRUSTEES.—
(1) NUMBER AND SELECTION.—The number of general trustees
shall be fixed by the Board and shall be chosen by the members
of the National Trust from its members at any regular meeting
of the National Trust.
(2) TERM OF OFFICE.—The respective terms of office of the
general trustees shall be as prescribed by the Board but in
no case shall exceed a period of 5 years from the date of
election.
(3) SUCCESSOR.—A successor to a general trustee shall be
chosen in the same manner and shall have a term expiring
5 years from the date of the expiration of the term for which
the predecessor was chosen, except that a successor chosen
to fill a vacancy occurring prior to the expiration of a term
shall be chosen only for the remainder of that term.
(d) CHAIRMAN.—The chairman of the Board shall be elected by
a majority vote of the members of the Board.
(e) COMPENSATION AND REIMBURSEMENT.—No compensation shall
be paid to the members of the Board for their services as such
members, but they shall be reimbursed for travel and actual
expenses necessarily incurred by them in attending board meetings
and performing other official duties on behalf of the National Trust
at the direction of the Board.
§ 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
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personal property of any character, absolutely or in trust, for the
purposes for which the National Trust is created. Unless otherwise
restricted by the terms of a gift or bequest, the National Trust
may sell, exchange, or otherwise dispose of, and invest or reinvest
in investments as it may determine from time to time, the moneys,
securities, or other property given or bequeathed to it. The principal
of corporate funds and the income from those funds and all other
revenues received by the National Trust from any source shall
be placed in such depositories as the National Trust shall determine
and shall be subject to expenditure by the National Trust for
its corporate purposes.
(g) REAL PROPERTY.—The National Trust may acquire by gift,
devise, purchase, or otherwise, absolutely or in trust, and hold
and, unless otherwise restricted by the terms of the gift or devise,
encumber, convey, or otherwise dispose of, any real property, or
any estate or interest in real property (except property within
the exterior boundaries of a System unit), as may be necessary
and proper in carrying into effect the purposes of the National
Trust.
(h) CONTRACTS AND COOPERATIVE AGREEMENTS RESPECTING
PROTECTION, PRESERVATION, MAINTENANCE, OR OPERATION.—The
National Trust may contract and make cooperative agreements
with Federal, State, or local agencies, corporations, associations,
or individuals, under terms and conditions that the National Trust
considers advisable, respecting the protection, preservation, maintenance, or operation of any historic site, building, object, or property
used in connection with the site, building, object, or property for
public use, regardless of whether the National Trust has acquired
title to the property, or any interest in the property.
(i) ENTER INTO CONTRACTS AND EXECUTE INSTRUMENTS.—The
National Trust may enter into contracts generally and execute
all instruments necessary or appropriate to carry out its corporate
purposes, including concession contracts, leases, or permits for the
use of land, buildings, or other property considered desirable either
to accommodate the public or to facilitate administration.
(j) OFFICERS, AGENTS, AND EMPLOYEES.—The National Trust may
appoint and prescribe the duties of officers, agents, and employees
as may be necessary to carry out its functions, and fix and pay
compensation to them for their services as the National Trust
may determine.
(k) LAWFUL ACTS.—The National Trust may generally do any
and all lawful acts necessary or appropriate to carry out the purposes for which the National Trust is created.
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§ 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.
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PUBLIC LAW 113–287—DEC. 19, 2014
312302.
312303.
312304.
312305.
Declaration of national interest.
Establishment.
Duties and powers; administrative support.
Reports.
§ 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.
§ 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.
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§ 312303. Establishment
(a) ESTABLISHMENT.—There is established a commission to be
known as the Commission for the Preservation of America’s Heritage Abroad.
(b) MEMBERSHIP.—The Commission shall consist of 21 members
appointed by the President, 7 of whom shall be appointed after
consultation with the Speaker of the House of Representatives
and 7 of whom shall be appointed after consultation with the
President pro tempore of the Senate.
(c) TERM.—
(1) IN GENERAL.—Except as provided in paragraph (2), a
member of the Commission shall be appointed for a term of
3 years.
(2) VACANCY.—A member appointed to fill a vacancy on the
Commission shall serve for the remainder of the term for which
the member’s predecessor was appointed.
(3) MEMBER UNTIL SUCCESSOR APPOINTED.—A member may
retain membership on the Commission until the member’s successor has been appointed.
(d) CHAIRMAN.—The President shall designate the Chairman of
the Commission from among its members.
(e) MEETINGS.—The Commission shall meet at least once every
6 months.
(f) COMPENSATION AND EXPENSES.—
(1) COMPENSATION.—Members of the Commission shall
receive no pay on account of their service on the Commission.
(2) EXPENSES.—While away from their homes or regular
places of business in the performance of services for the
Commission, members of the Commission shall be allowed
travel expenses, including per diem in lieu of subsistence, in
the same manner as individuals employed intermittently in
the Government service are allowed expenses under section
5703 of title 5.
§ 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;
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(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.
§ 312305. Reports
As soon as practicable after the end of each fiscal year, the
Commission shall transmit to the President a report that includes—
(1) a detailed statement of the activities and accomplishments
of the Commission during the fiscal year; and
(2) any recommendations of the Commission for legislation
and administrative actions.
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PUBLIC LAW 113–287—DEC. 19, 2014
Chapter 3125—Preservation of Historical
and Archeological Data
Sec.
312501.
312502.
312503.
312504.
312505.
312506.
312507.
312508.
Definition.
Threat of irreparable loss or destruction of significant scientific, prehistorical, historical, or archeological data by Federal construction
projects.
Survey and recovery by Secretary.
Progress reports by Secretary on surveys and work undertaken as result
of surveys.
Notice of dam construction.
Administration.
Assistance to Secretary by Federal agencies responsible for construction
projects.
Costs for identification, surveys, evaluation, and data recovery with respect to historic property.
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§ 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.
§ 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—
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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.
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§ 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.
§ 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.
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(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.
§ 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.
§ 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.
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§ 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.
§ 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—
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128 STAT. 3257
(1) identification, surveys, and evaluation carried out with
respect to historic property within project areas may be treated
for purposes of any law or rule of law as planning costs of
the project and not as costs of mitigation;
(2) reasonable costs for identification, surveys, evaluation,
and data recovery carried out with respect to historic property
within project areas may be charged to Federal licensees and
permittees as a condition to the issuance of the license or
permit; and
(3) Federal agencies, with the concurrence of the Secretary
and after notification of the Committee on Natural Resources
of the House of Representatives and the Committee on Energy
and Natural Resources of the Senate, may waive, in appropriate
cases, the 1 percent limitation under section 312507(a) of this
title.
Division C—American Antiquities
Chapter 3201—Policy and Administrative
Provisions
Sec.
320101.
320102.
320103.
320104.
320105.
320106.
Declaration of national policy.
Powers and duties of Secretary.
Cooperation with governmental and private agencies and individuals.
Jurisdiction of States in acquired land.
Criminal penalties.
Limitation on obligation or expenditure of appropriated amounts.
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§ 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.
§ 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
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PUBLIC LAW 113–287—DEC. 19, 2014
for the benefit of the public shall not be acquired without the
consent of the owner. No property shall be acquired or contract
or agreement for the acquisition of the property made that will
obligate the general fund of the Treasury for the payment of the
property, unless Congress has appropriated money that is available
for that purpose.
(f) CONTRACTS AND COOPERATIVE AGREEMENTS.—The Secretary
may contract and make cooperative agreements with States, municipal subdivisions, corporations, associations, or individuals, with
proper bond where considered advisable, to protect, preserve, maintain, or operate any historic or archeologic building, site, or object,
or property used in connection with the building, site, or object,
for public use, regardless whether the title to the building, site,
object, or property is in the United States. No contract or cooperative
agreement shall be made or entered into that will obligate the
general fund of the Treasury unless or until Congress has appropriated money for that purpose.
(g) PROTECTION OF SITES, BUILDINGS, OBJECTS, AND PROPERTY.—
The Secretary shall restore, reconstruct, rehabilitate, preserve, and
maintain historic or prehistoric sites, buildings, objects, and property of national historical or archeological significance and where
considered desirable establish and maintain museums in connection
with the sites, buildings, objects, and property.
(h) TABLETS TO MARK OR COMMEMORATE PLACES AND EVENTS.—
The Secretary shall erect and maintain tablets to mark or
commemorate historic or prehistoric places and events of national
historical or archeological significance.
(i) OPERATION FOR BENEFIT OF PUBLIC.—The Secretary may
operate and manage historic and archeologic sites, buildings, and
property acquired under this chapter together with land and
subordinate buildings for the benefit of the public and may charge
reasonable visitation fees and grant concessions, leases, or permits
for the use of land, building space, roads, or trails when necessary
or desirable either to accommodate the public or to facilitate
administration. The Secretary may grant those concessions, leases,
or permits and enter into contracts relating to the contracts, leases,
or permits with responsible persons, firms, or corporations without
advertising and without securing competitive bids.
(j) CORPORATION TO CARRY OUT DUTIES.—When the Secretary
determines that it would be administratively burdensome to restore,
reconstruct, operate, or maintain any particular historic or
archeologic site, building, or property donated to the United States
through the Service, the Secretary may cause the restoration,
reconstruction, operation, or maintenance to be done by organizing
a corporation for that purpose under the laws of the District of
Columbia or any State.
(k) EDUCATIONAL PROGRAM AND SERVICE.—The Secretary shall
develop an educational program and service for the purpose of
making available to the public information pertaining to American
historic and archeologic sites, buildings, and properties of national
significance. Reasonable charges may be made for the dissemination
of any such information.
(l) ACTIONS AND REGULATIONS NECESSARY TO CARRY OUT
CHAPTER.—The Secretary shall perform any and all acts and make
regulations not inconsistent with this chapter that may be necessary
and proper to carry out this chapter.
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128 STAT. 3259
§ 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.
§ 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.
§ 320105. Criminal penalties
Criminal penalties for a violation of a regulation authorized by
this chapter are provided by section 1866 of title 18.
§ 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
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Sec.
320301.
320302.
320303.
National monuments.
Permits.
Regulations.
§ 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
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PUBLIC LAW 113–287—DEC. 19, 2014
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.
§ 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.
§ 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.
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(a) TITLE 18.—
(1) IN GENERAL.—Chapter 91 of title 18, United States Code,
is amended by adding at the end the following:
‘‘§ 1865. National Park Service
‘‘(a) VIOLATION OF REGULATIONS RELATING TO USE AND MANAGEMENT OF NATIONAL PARK SYSTEM UNITS.—A person that violates
any regulation authorized by section 100751(a) of title 54 shall
be imprisoned not more than 6 months, fined under this title,
or both, and be adjudged to pay all cost of the proceedings.
‘‘(b) FINANCIAL DISCLOSURE BY OFFICERS OR EMPLOYEES PERFORMING FUNCTIONS OR DUTIES UNDER SUBCHAPTER III OF CHAPTER
1007 OF TITLE 54.—An officer or employee of the Department of
the Interior who is subject to, and knowingly violates, section
100737 of title 54 or any regulation prescribed under that section
shall be imprisoned not more than one year, fined under this
title, or both.
‘‘(c) OFFENSES RELATING TO STRUCTURES AND VEGETATION.—A
person that willfully destroys, mutilates, defaces, injures, or
removes any monument, statue, marker, guidepost, or other structure, or that willfully destroys, cuts, breaks, injures, or removes
any tree, shrub, or plant within a national military park shall
be imprisoned not less than 15 days nor more than one year,
fined under this title but not less than $10 for each monument,
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PUBLIC LAW 113–287—DEC. 19, 2014
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.
‘‘§ 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.
‘‘1866.
(b)
National Park Service.
Historic, archeologic, or prehistoric items and antiquities.’’.
TITLE 28.—
(1) IN GENERAL.—Part VI of title 28, United
States Code,
is amended by adding at the end the following:
18 USC
prec. 1851.
28 USC
prec. 5001.
‘‘CHAPTER 190—MISCELLANEOUS
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‘‘Sec.
‘‘5001.
Civil action for death or personal injury in a place subject to exclusive jurisdiction of United States.
‘‘§ 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:
‘‘190. Miscellaneous ......................................................................................... 5001’’.
(c) ACT OF MAY 26, 2000.—Section 1 of Public Law 106–206
(114 Stat. 314) is amended to read as follows:
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PUBLIC LAW 113–287—DEC. 19, 2014
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‘‘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.’’.
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128 STAT. 3263
(d) PUBLIC LAW 111–24.—Section 512 of Public Law 111–24 (123
Stat. 1764) is amended to read as follows:
16 USC 1a–7b.
‘‘SEC. 512. PROTECTION OF RIGHT OF INDIVIDUALS TO
BEAR ARMS
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‘‘(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
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PUBLIC LAW 113–287—DEC. 19, 2014
by striking ‘‘the Land and Water Conservation Fund Act of 1965
(78 Stat. 897)’’ and substituting ‘‘chapter 2003 of title 54, United
States Code’’.
(b) TITLE 10, UNITED STATES CODE.—Section 2684(c)(1) of title
10, United States Code, is amended by striking ‘‘section 101(a)
of the National Historic Preservation Act (16 U.S.C. 470a(a))’’ and
substituting ‘‘section 2023.01 of title 54’’.
(c) TITLE 15, UNITED STATES CODE.—Section 1072(a)(3)(D) of the
Alaska Natural Gas Pipeline Act (15 U.S.C. 720(a)(3)(D)) is
amended by striking ‘‘the National Historic Preservation Act (16
U.S.C. 470 et seq.)’’ and substituting ‘‘chapter 2003 of title 54,
United States Code’’.
(d) TITLE 16, UNITED STATES CODE.—
(1) Section 6 of Public Law 89–72 (16 U.S.C. 460l–17) is
amended—
(A) in subsection (a), by striking ‘‘subsection 5(d) of the
Land and Water Conservation Fund Act of 1965 (78 Stat.
897)’’ and substituting ‘‘section 200305(d) of title 54, United
States Code’’; and
(B) in subsection (g), by striking ‘‘Subsection 6(a)(2) of
the Land and Water Development Fund Act of 1965 (78
Stat. 897)’’ and substituting ‘‘section 200306(a)(3) of title
54, United States Code,’’.
(2) Section 8 of Public Law 90–540 (16 U.S.C. 460v–7) is
amended by striking ‘‘section 6 of the Act of September 3,
1964 (78 Stat. 897, 903)’’ and substituting ‘‘section 200306
of title 54, United States Code’’.
(3) Section 7(c) of the Springs Mountain National Recreation
Area Act (16 U.S.C. 460hhh–5(c)) is amended by striking ‘‘section 7 of the Land and Water Conservation Fund Act of 1965
(16 U.S.C. 460l–9)’’ and substituting ‘‘section 100506 of title
54, United States Code’’.
(4) Section 5(b) of Public Law 103–64 (16 U.S.C. 460iii–
4(b)) is amended by striking ‘‘section 7(a) of the Land and
Water Conservation Fund Act of 1964 (16 U.S.C. 460l–9(a))’’
and substituting ‘‘section 200306(a) of title 54, United States
Code’’.
(5) Section 702(a) of the Steens Mountain Cooperative
Management and Protection Act of 2000 (16 U.S.C. 460nnn–
122(a)) is amended by striking ‘‘section 2 of the Land and
Water Conservation Fund Act of 1965 (16 U.S.C. 460l–5)’’ and
substituting ‘‘section 200302 of title 54, United States Code,’’.
(6) Section 4 of the Archaeological Resources Protection Act
of 1979 (16 U.S.C. 470cc) is amended—
(A) in subsection (h)—
(i) in paragraph (1), by striking ‘‘the Act of June
8, 1906 (16 U.S.C. 431–433)’’ and substituting ‘‘chapter
3203 of title 54, United States Code’’; and
(ii) in paragraph (2), by striking ‘‘the Act of June
8, 1906’’ each place it appears and substituting
‘‘chapter 3203 of title 54, United States Code’’; and
(B) in subsection (i), by striking ‘‘section 106 of the Act
of October 15, 1966 (80 Stat. 917, 16 U.S.C. 470f)’’ and
substituting ‘‘section 306108 of title 54, United States
Code’’.
(7) Section 5 of the Archaeological Resources Protection Act
of 1979 (16 U.S.C. 470dd) is amended by striking ‘‘the Act
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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, § 1000(a)(3), title III, 16 U.S.C. 528 note),
is amended by striking ‘‘Section 4 of the Land and Water
Conservation Fund Act of 1965 (16 U.S.C. 460l–6a)’’ and substituting ‘‘Section 100904 of title 54, United States Code’’.
(12) Section 6(d) of the Alaska Land Status Technical Corrections Act of 1992 (Public Law 102–415, 16 U.S.C. 539 note)
is amended by striking ‘‘section 7 of the Land and Water
Conservation Fund Act of 1965 (16 U.S.C. 460l–9)’’ and substituting ‘‘section 100506 of title 54, United States Code’’.
(13) Section 2(b) of the Greer Spring Acquisition and Protection Act of 1991 (Public Law 102–220, 16 U.S.C. 539h note)
is amended by striking ‘‘section 7 of the Land and Water
Conservation Fund Act of 1965 (16 U.S.C. 460l–9)’’ and substituting ‘‘section 100506 of title 54, United States Code’’.
(14) Section 606 of the Interstate 90 Land Exchange Act
of 1998 (Public Law 105–277, div. A, § 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
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128 STAT. 3266
PUBLIC LAW 113–287—DEC. 19, 2014
and following)’’ and substituting ‘‘chapter 2003 of title 54,
United States Code,’’.
(18) Section 3(b) of the Saint Helena Island National Scenic
Area Act (16 U.S.C. 546a(b)) is amended by striking ‘‘section
8 of the Land and Water Conservation Fund Act of 1965 (16
U.S.C. 460l–9)’’ and substituting ‘‘section 100506 of title 54,
United States Code’’.
(19) Section 6(a) of the Act of June 22, 1948 (known as
the Thye-Blatnik Act) (16 U.S.C. 577h(a)) is amended by
striking ‘‘the Land and Water Conservation Fund Act (78 Stat.
897), as amended’’ and substituting ‘‘chapter 2003 of title 54,
United States Code’’.
(20) Section 104(f) of the Valles Caldera Preservation Act
(16 U.S.C. 688v–2(f)) is amended by striking ‘‘section 7 of the
Land and Water Conservation Fund Act of 1965 (16 U.S.C.
460l–9)’’ and substituting ‘‘section 100506 of title 54, United
States Code’’.
(21) Section 4(a)(3) of the Wilderness Act (16 U.S.C.
1133(a)(3)) is amended—
(A) by striking ‘‘the Act of August 25, 1916’’ and substituting ‘‘section 100101(b)(1), chapter 1003, and sections
100751(a), 100752, 100753, and 102101 of title 54, United
States Code’’; and
(B) by striking ‘‘the Act of June 8, 1906 (34 Stat. 225;
16 U.S.C. 432 et seq); section 3(2) of the Federal Power
Act (16 U.S.C. 796(2)); and the Act of August 21, 1935
(49 Stat. 666; 16 U.S.C. 461 et seq.)’’ and substituting
‘‘section 3(2) of the Federal Power Act (16 U.S.C. 796(2));
and chapters 3201 and 3203 of title 54, United States
Code’’.
(22) Section 5 of Public Law 90–454 (16 U.S.C. 1225) is
amended by striking ‘‘the Land and Water Conservation Fund
Act of 1965 (78 Stat. 897)’’ and substituting ‘‘chapter 2003
of title 54, United States Code’’.
(23) Section 7(h)(1) of the National Trails System Act (16
U.S.C. 1246(h)(1) is amended by striking ‘‘the Volunteers in
the Parks Act of 1969’’ and substituting ‘‘section 102301 of
title 54, United States Code,’’.
(24) Section 8(a) of the National Trails System Act (16 U.S.C.
1247(a)) is amended—
(A) by striking ‘‘the Land and Water Conservation Fund
Act’’ and substituting ‘‘chapter 2003 of title 54, United
States Code’’;
(B) by striking ‘‘the Act of October 15, 1966 (80 Stat.
915), as amended’’ and substituting ‘‘division A of subtitle
III of title 54, United States Code’’; and
(C) by striking ‘‘the Act of May 28, 1963 (77 Stat. 49’’
and substituting ‘‘chapter 2003 of title 54, United States
Code’’.
(25) Section 9(e)(3) of the National Trails System Act (16
U.S.C. 1248 (e)(3)) is amended by striking ‘‘section 2 of the
Land and Water Conservation Fund Act of 1965’’ and substituting ‘‘section 200302 of title 54, United States Code’’.
(26) Section 10(a)(1) of the National Trails System Act (16
U.S.C. 1249(a)(1)) is amended by striking ‘‘the Land and Water
Conservation Fund Act (78 Stat. 897), as amended’’ and substituting ‘‘chapter 2003 of title 54, United States Code’’.
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PUBLIC LAW 113–287—DEC. 19, 2014
128 STAT. 3267
(27) Section 11(a)(2) of the National Trails System Act (16
U.S.C. 1250(a)(2)) is amended—
(A) by striking ‘‘the Volunteers in the Parks Act of 1969’’
and substituting ‘‘section 102301 of title 54, United States
Code’’; and
(B) by striking ‘‘section 6 of the Land and Water Conservation Fund Act of 1965’’ and substituting ‘‘200305 of
title 54, United States Code’’.
(28) Section 12(4) of the National Trails System Act (16
U.S.C. 1251(4)) is amended by striking ‘‘the Land and Water
Conservation Fund Act of 1965’’ and substituting ‘‘chapter 2003
of title 54, United States Code,’’.
(29) Section 2(a) of the Wild and Scenic Rivers Act (16 U.S.C.
1273(a)) is amended by striking ‘‘the Land and Water Conservation Act of 1965’’ and substituting ‘‘chapter 2003 of title 54,
United States Code,’’.
(30) Section 7(d) of the Wild and Scenic Rivers Act (16 U.S.C.
1278(d)) is amended by striking ‘‘the Land and Water Conservation Fund Act of 1965’’ and substituting ‘‘chapter 2003 of title
54, United States Code’’.
(31) Section 11 of the Wild and Scenic Rivers Act (16 U.S.C.
1282) is amended—
(A) in subsection (a), by striking ‘‘the Land and Water
Conservation Fund Act of 1965 (78 Stat. 897’’ and substituting ‘‘chapter 2003 of title 54, United States Code’’;
and
(B) in subsection (b)(2)—
(i) in subparagraph (A), by striking ‘‘the Volunteers
in the Parks Act of 1969’’ and substituting ‘‘section
102301 of title 54, United States Code,’’; and
(ii) in subparagraph (B), by striking ‘‘the Land and
Water Conservation Fund Act of 1965’’ and substituting ‘‘chapter 2003 of title 54, United States Code’’.
(32) Section 5(b) of the Endangered Species Act of 1973
(16 U.S.C. 1534(b) is amended by striking ‘‘the Land and Water
Conservation Fund Act of 1965, as amended’’ and substituting
‘‘chapter 2003 of title 54, United States Code’’.
(33) Section 815(4) of the Alaska National Interest Lands
Conservation Act (16 U.S.C. 3125(4)’’ is amended—
(A) by striking ‘‘the National Park Service Organic Act
(39 Stat. 535, 16 U.S.C. 1, 2, 3, 4)’’ and substituting ‘‘section
100101(b)(1), chapter 1003, and sections 100751(a), 100752,
100753, and 102101 of title 54, United States Code’’; and
(B) by adding ‘‘or such title’’ after ‘‘such Acts’’.
(34) Section 6(a)(6)(C) of the Coastal Barrier Act of 1968
(16 U.S.C. 3505(a)(6)(C)) is amended by striking ‘‘the Land
and Water Conservation Fund Act of 1965 (16 U.S.C. 460l–
4 through 11)’’ and substituting ‘‘chapter 2003 of title 54, United
States Code,’’.
(35) Section 11 of the National Fish and Wildlife Foundation
Establishment Act (16 U.S.C. 3710) is amended by striking
‘‘Public Law 90–209 (16 U.S.C. 19e et seq.)’’ and substituting
‘‘subchapter II of chapter 1011 of title 54, United States Code’’.
(36) Section 805(f)(1) of the Federal Lands Recreation
Enhancement Act (16 U.S.C. 6804(f)(1)) is amended—
(A) by striking ‘‘(16 U.S.C. 460l–6a)’’; and
(B) by striking ‘‘; 16 U.S.C. 5991–5995’’.
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PUBLIC LAW 113–287—DEC. 19, 2014
(37) Section 813 of the Federal Lands Recreation Enhancement Act (16 U.S.C. 6812) is amended—
(A) in subsection (A), by striking ‘‘(16 U.S.C. 460l–6a
et seq.)’’;
(B) in subsection (b), by striking ‘‘; 16 U.S.C. 460l–6a’’;
(C) in subsection (c)—
(i) in paragraph (1), by striking ‘‘; 16 U.S.C. 5982’’;
and
(ii) in paragraph (2), by striking ‘‘; 16 U.S.C. 5991–
5995’’; and
(D) in subsection (e)—
(i) in paragraph (1), by striking ‘‘(16 U.S.C. 460l–
6a(i)(1))’’;
(ii) in paragraph (2), by striking ‘‘; 16 U.S.C. 5991–
5995’’; and
(iii) in paragraph (3), by striking ‘‘; 16 U.S.C. 460l–
6a’’.
(e) TITLE 20, UNITED STATES CODE.—
(1) Section 2 of the Act of August 15, 1949 (20 U.S.C. 78a)
is amended by striking ‘‘the Act of June 8, 1906 (16 U.S.C.
432, 433)’’ and substituting ‘‘section 1866(b) of title 18, United
States Code, and sections 320302 and 320303 of title 54, United
States Code’’.
(2) Section 1517(a)(3) of the American Indian, Alaska Native,
and Native Hawaiian Culture and Art Development Act (20
U.S.C. 4424(a)(3)) is amended by striking ‘‘the National Historic
Preservation Act (16 U.S.C. 470 et seq.)’’ and substituting ‘‘division A of subtitle III of title 54, United States Code’’.
(3) Section 7202(13)(E) of the Native Hawaiian Education
Act (20 U.S.C. 7512(13)(D)) is amended by striking ‘‘ the
National Historic Preservation Act (16 U.S.C. 470 et seq.)’’
and substituting ‘‘division A of subtitle III of title 54, United
States Code’’.
(f) TITLE 23, UNITED STATES CODE.—
(1) Section 103(c)(5) of title 23, United States Code, is
amended—
(A) in subparagraph (B)(i), by striking ‘‘section 106 of
the National Historic Preservation Act (16 U.S.C. 470f)’’
and substituting ‘‘section 306108 of title 54’’; and
(B) in subparagraph (C), by striking ‘‘section 106 of the
National Historic Preservation Act (16 U.S.C. 470f)’’ and
substituting ‘‘section 306108 of title 54’’.
(2) Section 138(b)(2)(A) of title 23, United States Code, is
amended by striking ‘‘section 106 of the National Historic
Preservation Act (16 U.S.C. 470f)’’ and substituting ‘‘section
306108 of title 54’’.
(3) Section 206 of title 23, United States Code, is amended—
(A) in subsection (d)(1)(B), by striking ‘‘the Land and
Water Conservation Fund Act of 1965 (16 U.S.C. 460l–
4 et seq.)’’ and substituting ‘‘chapter 2003 of title 54’’;
(B) in subsection (d)(2)(D)(ii), by striking ‘‘the Land and
Water Conservation Fund Act of 1965 (16 U.S.C. 460l–
4 et seq.)’’ and substituting ‘‘chapter 2003 of title 54’’;
and
(C) in subsection (h)(3), by striking ‘‘section 6(f)(3) of
the Land and Water Conservation Fund Act of 1965 (16
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128 STAT. 3269
U.S.C. 460l–8(f)(3))’’ and substituting ‘‘section 200305(f)(3)
of title 54’’.
(g) TITLE 25, UNITED STATES CODE.—Section 509(a) of the Indian
Self-Determination and Education Assistance Act (25 U.S.C.
458aaa–8(a)) is amended by striking ‘‘the National Historic
Preservation Act (16 U.S.C. 470et seq.)’’ and substituting ‘‘division
A of subtitle III of title 54, United States Code’’.
(h) TITLE 26, UNITED STATES CODE.—Section 9503(c)(3)(A)(i) of
the Internal Revenue Code of 1986 (26 U.S.C. 9503(c)(3)(A)(i)) is
amended by striking ‘‘title I of the Land and Water Conservation
Fund Act of 1965’’ and substituting ‘‘chapter 2003 of title 54’’.
(i) TITLE 36, UNITED STATES CODE.—Section 153513(a)(1) of title
36, United States Code, is amended by striking ‘‘the Act of August
25, 1916 (16 U.S.C. 1 et seq.) (known as the National Park Service
Organic Act)’’ and substituting ‘‘section 100101(a), chapter 1003,
and sections 100751(a), 100752, 100753, and 102101 of title 54,
United States Code’’.
(j) TITLE 40, UNITED STATES CODE.—
(1) Section 549(c)(3)(B)(ix) of title 40, United States Code,
is amended—
(A) by striking ‘‘section 308(e)(2) of the National Historic
Preservation Act (16 U.S.C. 470w–7(e)(2))’’ and substituting
‘‘section 305101(4) of title 54’’; and
(B) by striking ‘‘subsection (b) of that section’’ and substituting ‘‘section 305103 of title 54’’.
(2) Section 550(h)(1)(B) of title 40, United States Code, is
amended by striking ‘‘section 3 of the Act of August 21, 1935
(16 U.S.C. 463) (known as the Historic Sites, Buildings, and
Antiquities Act)’’ and substituting ‘‘section 102303 of title 54’’.
(3) Section 1303(c) of title 40, United States Code, is amended
by striking ‘‘the Act of August 21, 1935 (16 U.S.C. 461 et
seq.) (known as the Historic Sites, Buildings, and Antiquities
Act)’’ and substituting ‘‘chapter 3201 of title 54’’.
(4) Section 1314(a)(2)(A)(ii) of title 40, United States Code,
is amended by striking ‘‘the Act of August 25, 1916 (16 U.S.C.
1, 2, 3, 4) (known as the National Park Service Organic Act)’’
and substituting ‘‘section 100101(a), chapter 1003, and sections
100751(a), 100752, 100753, and 102101 of title 54’’.
(5) Section 3303(c) of title 40, United States Code, is amended
by striking ‘‘title II of the National Historic Preservation Act
(16 U.S.C. 470i et seq.)’’ and substituting ‘‘section 304101 of
title 54’’.
(6) Section 3306(a)(4) of title 40, United States Code, is
amended by striking ‘‘section 101 of the National Historic
Preservation Act (16 U.S.C. 470a)’’ and substituting ‘‘chapter
3021 of title 54’’.
(7) Section 14507(a)(1)(A)(ii) of title 40, United States Code,
is amended by striking ‘‘the Land and Water Conservation
Fund Act of 1965 (16 U.S.C. 460l–4 et seq.)’’ and substituting
‘‘chapter 2003 of title 54’’.
(k) TITLE 42, UNITED STATES CODE.—
(1) Section 303(2) of the Water Resources Planning Act (42
U.S.C. 1962c–2(2)) is amended by striking ‘‘the Land and Water
Conservation Fund Act of 1965’’ and substituting ‘‘chapter 2003
of title 54, United States Code’’.
(2) Section 208(2) of the Demonstration Cities and Metropolitan Development Act of 1966 (42 U.S.C. 3338(2)) is amended
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128 STAT. 3270
PUBLIC LAW 113–287—DEC. 19, 2014
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’’.
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PUBLIC LAW 113–287—DEC. 19, 2014
128 STAT. 3271
(3) Section 1401(b) of the Omnibus Budget Reconciliation
Act of 1981 (43 U.S.C. 1457a(b)) is amended—
(A) by striking ‘‘the Land and Water Conservation Fund
Act of 1965 (78 Stat; 897; 16 U.S.C. 460z)’’ and substituting
‘‘chapter 2003 of title 54, United States Code’’;
(B) by striking ‘‘the National Historic Preservation Act
of 1966 (80 Stat. 915; 16 U.S.C. 470)’’ and substituting
‘‘division A of subtitle III of title 54, United States Code’’;
and
(C) by striking ‘‘the Urban Park and Recreation Recovery
Act of 1978 (92 Stat. 3538; 16 U.S.C. 2501, et seq.)’’ and
substituting ‘‘chapter 2005 of title 54, United States Code’’.
(4) The paragraph under the heading ‘‘NATURAL RESOURCE
DAMAGE ASSESSMENT AND RESTORATION FUND’’ under the
heading ‘‘UNITED STATES FISH AND WILDLIFE SERVICE’’ in Public
Law 103–138 (43 U.S.C. 1474b–1) is omitted by striking ‘‘the
Act of July 27, 1990 (Public Law 101–337)’’ and substituting
‘‘subchapter II of chapter 1007 of title 54, United States Code,’’.
(5) Section 7(e)(3) of the Colorado River Floodway Protection
Act (43 U.S.C. 1600e(e)(3)) is amended by striking ‘‘the Land
and Water Conservation Fund Act of 1965 (16 U.S.C. 460l–
4 through 11)’’ and substituting ‘‘chapter 2003 of title 54, United
States Code’’.
(6) Section 202(c)(9) of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1712(c)(9)) is amended by striking
‘‘the Act of September 3, 1964 (78 Stat. 897), as amended’’
and substituting ‘‘chapter 2003 of title 54, United States Code’’.
(7) Section 204(j) of the Federal Land Policy and Management
Act of 1976 (43 U.S.C. 1714(j)) is amended by striking ‘‘the
Act of June 8, 1906 (34 Stat. 225; 16 U.S.C. 431–433)’’ and
substituting ‘‘chapter 3203 of title 54, United States Code’’.
(8) Section 201(d)(3)(E) of the Consolidated Natural Resources
Act of 2008 (43 U.S.C. 1786(d)(3)(E)) is amended by striking
‘‘the National Historic Preservation Act (16 U.S.C. 470 et seq.)’’
and substituting ‘‘division A of subtitle III of title 54, United
States Code,’’.
(9) Section 206 of the Federal Land Transaction Facilitation
Act (43 U.S.C. 2305) is amended—
(A) in subsection (e), by striking ‘‘the Land and Water
Conservation Fund Act (16 U.S.C. 460l–4 et seq.)’’ and
substituting ‘‘chapter 2003 of title 54, United States Code’’;
and
(B) in subsection (f)(2), by striking ‘‘section 3 of the
Land and Water Conservation Fund Act of 1965 (16 U.S.C.
460l–6)’’ and substituting ‘‘section 200303 of title 54, United
States Code’’.
(m) TITLE 45, UNITED STATES CODE.—
(1) Section 1168(a) of the Omnibus Budget Reconciliation
Act of 1981 (45 U.S.C. 1111(a)) is amended by striking ‘‘the
National Historic Preservation Act’’ and substituting ‘‘division
A of subtitle III of title 54, United States Code’’.
(2) Section 613(a) of the Alaska Railroad Transfer Act of
1982 (45 U.S.C. 1212(a)) is amended by striking ‘‘the National
Historic Preservation Act (16 U.S.C. 470 et seq.)’’ and substituting ‘‘division A of subtitle III of title 54, United States
Code’’.
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PUBLIC LAW 113–287—DEC. 19, 2014
(n) TITLE 46, UNITED STATES CODE.—Section 13102(b)(2) of title
46, United States Code, is amended by striking ‘‘the Land and
Water Conservation Fund Act of 1965 (16 U.S.C. 460l–4—460–
11)’’ and substituting ‘‘chapter 2003 of title 54, United States Code,’’.
(o) TITLE 48, UNITED STATES CODE.—
(1) Section 105(l) of Public Law 99–239 (known as the Compact of Free Association Amendments Act of 2003) (48 U.S.C.
1905(l)) is amended by striking ‘‘the National Historic Preservation Act (80 Stat. 915; 16 U.S.C. 470–470t)’’ and substituting
‘‘division A of subtitle III of title 54, United States Code’’.
(2) Section 105(j) of Public Law 108–188 (known as the Compact of Free Association Act of 1985) (48 U.S.C. 1921(d)) is
amended by striking ‘‘the National Historic Preservation Act
(80 Stat. 915; 16 U.S.C. 470–470t)’’ and substituting ‘‘division
A of subtitle III of title 54, United States Code’’.
(p) TITLE 49, UNITED STATES CODE.—Section 303(d)(2) of title
49, United States Code, is amended by striking ‘‘section 106 of
the National Historic Preservation Act (16 U.S.C. 470f)’’ and substituting ‘‘section 306108 of title 54, United States Code’’.
SEC. 6. TRANSITIONAL AND SAVINGS PROVISIONS.
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(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.
54 USC note
prec. 100101.
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SEC. 7. REPEALS.
The following provisions of law are repealed, except with respect
to rights and duties that matured, penalties that were incurred,
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or proceedings that were begun before the date of enactment of
this Act:
Schedule of Laws Repealed
Section
Act of February 15, 1901 (ch.
372 relating to System units)
..................................................
16 U.S.C. 79.
1
2
3
4
16
16
16
16
Act of June 8, 1906 (ch. 3060) ...
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Act of March 4, 1911 (ch. 238
(4th and last paragraphs (relating to System units) under
heading ‘‘IMPROVEMENT OF
THE NATIONAL FOREST’’ under
heading ‘‘FOREST SERVICE’’) ...
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...............................................
...............................................
...............................................
...............................................
U.S.C.
U.S.C.
U.S.C.
U.S.C.
433.
431.
432.
432.
..................................................
16 U.S.C. 5.
Act of August 25, 1916 (ch. 408)
1
2
3
4
16
16
16
16
Act of June 12, 1917 (ch. 27) .....
1 (21st undesignated
paragraph under heading
‘‘NATIONAL PARKS’’).
16 U.S.C. 452.
Act of June 5, 1920 (ch. 235) .....
1 (2d undesignated
paragraph under heading
‘‘NATIONAL PARKS’’).
16 U.S.C. 6.
Act of May 24, 1922 (ch. 199) ....
(1st sentence in 9th
undesignated paragraph
under heading ‘‘NATIONAL
PARKS’’).
16 U.S.C. 452.
Act of April 9, 1924 (ch. 86) .......
1
4
5
6
16
16
16
16
Act of May 10, 1926 (ch. 277) ....
1 (28th undesignated
paragraph under heading
‘‘NATIONAL PARKS’’).
1 (last undesignated
paragraph under heading
‘‘NATIONAL PARKS’’).
16 U.S.C. 11.
Act of June 11, 1926 (ch. 555) ...
1
2
3
4
16
16
16
16
Act of July 3, 1926 (ch. 792) ......
1 ...............................................
2 ...............................................
16 U.S.C. 12.
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
paragraph under heading
‘‘NATIONAL PARK
SERVICE’’).
16 U.S.C. 15.
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1.
2.
3.
4.
8.
8a.
8b.
8c.
16 U.S.C. 456.
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455c.
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Schedule of Laws Repealed—Continued
Section
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 ...............................................
3 ...............................................
4 ...............................................
5 ...............................................
6 ...............................................
7 ...............................................
8 ...............................................
9 ...............................................
10 .............................................
11 .............................................
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16
16
16
16
16
16
16
16
16
Act of March 4, 1931 (ch. 522) ..
title I (proviso in last
undesignated paragraph
under heading ‘‘NATIONAL
PARK SERVICE’’).
16 U.S.C. 9a.
Act of March 2, 1933 (ch. 180) ..
1 ...............................................
16 U.S.C. 9a.
Act of May 9, 1935 (ch. 101) ......
1 (34th undesignated
paragraph under heading
‘‘NATIONAL PARK
SERVICE’’).
16 U.S.C. 14b, 456a.
Act of August 21, 1935 (ch. 593)
1
2
3
4
5
6
7
...............................................
...............................................
...............................................
...............................................
...............................................
...............................................
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16
16
16
16
16
16
16
U.S.C.
U.S.C.
U.S.C.
U.S.C.
U.S.C.
U.S.C.
U.S.C.
461.
462.
463.
464.
465.
466.
467.
Act of June 23, 1936 (ch. 735) ...
1
2
3
4
...............................................
...............................................
...............................................
...............................................
16
16
16
16
U.S.C.
U.S.C.
U.S.C.
U.S.C.
17k.
17l.
17m.
17n.
Act of May 10, 1939 (ch. 119) ....
1 (41st undesignated
paragraph under heading
‘‘NATIONAL PARK
SERVICE’’).
16 U.S.C. 14a.
Act of June 18, 1940 (ch. 395) ...
1 (proviso in 3d undesignated
paragraph under heading
‘‘NATIONAL PARK
SERVICE’’).
16 U.S.C. 17j–1.
Act of August 27, 1940 (ch. 690)
1 ...............................................
16 U.S.C. 458a.
Act of June 28, 1941 (ch. 259) ...
1 (41st undesignated
paragraph under heading
‘‘NATIONAL PARK
SERVICE’’).
16 U.S.C. 14c.
Act of August 7, 1946 (ch. 788)
(b) through (g) ........................
(i), (j) .......................................
16 U.S.C. 17j–2(b) through
(g).
16 U.S.C. 17j–2(i), (j).
1 ...............................................
16 U.S.C. 8e.
Act of June 3, 1948 (ch. 401) .....
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17b.
17c.
17d.
17e.
17f.
17g.
17h.
17i.
17j.
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Act
2 ...............................................
16 U.S.C. 8f.
Act of October 26, 1949 (ch. 755)
1
2
3
4
5
...............................................
...............................................
...............................................
...............................................
...............................................
16
16
16
16
16
U.S.C.
U.S.C.
U.S.C.
U.S.C.
U.S.C.
468.
468a.
468b.
468c.
468d.
Act of March 18, 1950 (ch. 72) ..
1
2
3
4
5
...............................................
...............................................
...............................................
...............................................
...............................................
16
16
16
16
16
U.S.C.
U.S.C.
U.S.C.
U.S.C.
U.S.C.
7a.
7b.
7c.
7d.
7e.
Act of September 14, 1950 (ch.
950) ..........................................
Act of August 8, 1953 (ch. 384)
16 U.S.C. 431a.
16 U.S.C. 451a.
16 U.S.C. 1b (less (3)).
16 U.S.C. 1c.
16 U.S.C. 1d.
..................................................
16 U.S.C. 452a.
Act of July 1, 1955 (ch. 259) ......
1 ...............................................
2 ...............................................
3 ...............................................
16 U.S.C. 18f.
16 U.S.C. 18f–2.
16 U.S.C. 18f–3.
Public Law 86–523 .....................
2
3
4
5
6
7
8
16
16
16
16
16
16
16
Public Law 87–608 .....................
..................................................
16 U.S.C. 3b.
Public Law 88–29 .......................
1
2
3
4
16
16
16
16
Land and Water Conservation
Fund Act of 1965 (Pub. L. 88–
578) ..........................................
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1 (last sentence proviso
relating to national
monuments).
1 (last sentence proviso
relating to national parks).
1 (less (3)) ...............................
2 ...............................................
3 ...............................................
Act of August 31, 1954 (ch.
1163) ........................................
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title
title
title
title
I,
I,
I,
I,
title
title
title
title
title
title
title
title
title
title
I, § 5 ................................
I, § 6 ................................
I, § 7 ................................
I, § 8 ................................
I, § 9 ................................
I, § 10 ..............................
I, § 11 ..............................
I, § 12 ..............................
I, § 13 ..............................
II, § 201 ...........................
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§ 3 ................................
§ 4(i)(1)(C) ....................
§ 4(j) through (n) .........
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16 U.S.C.
16 U.S.C.
16 U.S.C.
16 U.S.C.
(n).
16 U.S.C.
16 U.S.C.
16 U.S.C.
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469a.
469a–1.
469a–2.
469a–3.
469b.
469c.
469c–1.
460l.
460l–1.
460l–2.
460l–3.
460l–5.
460l–6.
460l–6a(i)(1)(C).
460l–6a(j) through
460l–7.
460l–8.
460l–9.
460l–10.
460l–10a.
460l–10b.
460l–10c.
460l–10d.
460l–10e.
460l–11.
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PUBLIC LAW 113–287—DEC. 19, 2014
Schedule of Laws Repealed—Continued
Act
Section
National Historic Preservation
Act (Pub. L. 89–665) ...............
2 ...............................................
101 ...........................................
102 ...........................................
103 ...........................................
104 ...........................................
105 ...........................................
106 ...........................................
107 ...........................................
108 ...........................................
109 ...........................................
110 ...........................................
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304 ...........................................
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306 ...........................................
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308 ...........................................
309 ...........................................
401 ...........................................
402 ...........................................
403 ...........................................
404 ...........................................
405 ...........................................
406 ...........................................
407 ...........................................
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16
16
16
16
603 ...........................................
16 U.S.C. 470b–1.
Public Law 90–209 .....................
1 ...............................................
2 ...............................................
3 ...............................................
4 ...............................................
5 ...............................................
6 ...............................................
7 ...............................................
8 ...............................................
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16
16
Public Law 90–401 .....................
5 ...............................................
16 U.S.C. 460l–22.
1
2
3
4
16
16
16
16
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Demonstration Cities and Metropolitan Development Act of
1966 (Pub. L. 89–754) .............
Volunteers in the Parks Act of
1969 (Pub. L. 91–357) .............
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E:\PUBLAW\PUBL287.113
470–1.
470a.
470b.
470c.
470d.
470e.
470f.
470g.
470h.
470h–1.
470h–2.
470h–3.
470h–4.
470h–5.
470i.
470j.
470k.
470l.
470m.
470n.
470o.
470p.
470q.
470r.
470s.
470t.
470u.
470v.
470v–1.
470v–2.
470w.
470w–1.
470w–2.
470w–3.
470w–4.
470w–5.
470w–6.
470w–7.
470w–8.
470x.
470x–1.
470x–2.
470x–3.
470x–4.
470x–5.
470x–6.
19e.
19f.
19g.
19h.
19i.
19j.
19k.
19l.
19m.
19n.
19o.
18g.
18h.
18i.
18j.
PUBL287
PUBLIC LAW 113–287—DEC. 19, 2014
128 STAT. 3277
Schedule of Laws Repealed—Continued
Section
Public Law 91–383 .....................
1 ...............................................
3 ...............................................
6 ...............................................
7 ...............................................
8 ...............................................
10 .............................................
12 .............................................
13 .............................................
16
16
16
16
16
16
16
16
U.S.C.
U.S.C.
U.S.C.
U.S.C.
U.S.C.
U.S.C.
U.S.C.
U.S.C.
1a–1.
1a–2.
1a–3.
1a–4.
1a–5.
1a–6.
1a–7.
1a–7a.
Public Law 94–429 .....................
1 ...............................................
2 ...............................................
4 ...............................................
5 ...............................................
6 ...............................................
7 ...............................................
8 ...............................................
9 ...............................................
10 .............................................
11 .............................................
12 .............................................
13 .............................................
16
16
16
16
16
16
16
16
16
16
16
16
U.S.C.
U.S.C.
U.S.C.
U.S.C.
U.S.C.
U.S.C.
U.S.C.
U.S.C.
U.S.C.
U.S.C.
U.S.C.
U.S.C.
1901.
1902.
1903.
1904.
1905.
1906.
1907.
1908.
1909.
1910.
1911.
1912.
Public Law 95–344 .....................
title
title
title
title
title
III,
III,
III,
III,
III,
title
title
title
title
title
title
title
title
title
title
title
title
X,
X,
X,
X,
X,
X,
X,
X,
X,
X,
X,
X,
Urban Park and Recreation Recovery Act of 1978 (Pub. L.
95–625) ....................................
Public Law 96–199 .....................
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§ 302
§ 303
§ 304
§ 305
§ 306
.........................
.........................
.........................
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.........................
16
16
16
16
16
U.S.C.
U.S.C.
U.S.C.
U.S.C.
U.S.C.
2302.
2303.
2304.
2305.
2306.
§ 1004
§ 1005
§ 1006
§ 1007
§ 1008
§ 1009
§ 1010
§ 1011
§ 1012
§ 1013
§ 1014
§ 1015
.........................
.........................
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.........................
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.........................
.........................
.........................
.........................
.........................
16
16
16
16
16
16
16
16
16
16
16
16
U.S.C.
U.S.C.
U.S.C.
U.S.C.
U.S.C.
U.S.C.
U.S.C.
U.S.C.
U.S.C.
U.S.C.
U.S.C.
U.S.C.
2503.
2304.
2305.
2306.
2307.
2308.
2309.
2310.
2311.
2312.
2313.
2314.
title I, § 120 ............................
16 U.S.C. 467b.
208 ...........................................
401 ...........................................
402 ...........................................
16 U.S.C. 469c–2.
16 U.S.C. 470a–1.
16 U.S.C. 470a–2.
Public Law. 98–473 ....................
title I, § 101(c) [title I, § 100]
16 U.S.C. 1e.
Public Law 98–540 .....................
4(a) ..........................................
16 U.S.C. 1a–8(a).
International Security and Development Cooperation Act of
1985 (Pub. L. 99–83) ...............
1303 .........................................
16 U.S.C. 469j.
1
2
3
4
5
19jj.
19jj–1.
19jj–2.
19jj–3.
19jj–4.
National Historic Preservation
Act Amendments of 1980
(Pub. L. 96–515) ......................
Public Law 101–337 ...................
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PUBL287
128 STAT. 3278
PUBLIC LAW 113–287—DEC. 19, 2014
Schedule of Laws Repealed—Continued
Act
Section
Public Law 101–628 ...................
Department of the Interior and
Related Agencies Appropriations Act, 1993 (Pub. L. 102–
381) ..........................................
Public Law 102–525 ...................
Department of the Interior and
Related Agencies Appropriations Act, 1994 (Pub. L. 103–
138) ..........................................
National Maritime Heritage Act
of 1994 (Pub. L. 103–451) ......
Omnibus Consolidated Appropriations Act, 1997 (Pub. L.
104–208) ..................................
Omnibus Parks and Public
Lands Management Act of
1996 (Pub. L. 104–333) ...........
National Underground Railroad
Network to Freedom Act of
1998 (Pub. L. 105–203) ...........
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Strom Thurmond National Defense Authorization Act for
Fiscal Year 1999 (Pub. L.
105–261) ..................................
National Parks Omnibus Management Act of 1998 (Pub. L.
105–391) ..................................
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title
title
title
title
XII,
XII,
XII,
XII,
XII,
§ 1213
§ 1214
§ 1215
§ 1216
§ 1217
......................
......................
......................
......................
......................
United States Code Former
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16
16
16
16
16
U.S.C.
U.S.C.
U.S.C.
U.S.C.
U.S.C.
1a–9.
1a–10.
1a–11.
1a–12.
1a–13.
title I (1st proviso in
paragraph under heading
‘‘ADMINISTRATIVE PROVISIONS’’
under heading ‘‘NATIONAL
PARK SERVICE’’).
16 U.S.C. 14d.
title III, § 301 .........................
16 U.S.C. 1a–14.
title I (3d proviso in
paragraph under heading
‘‘ADMINISTRATIVE PROVISIONS’’
under heading ‘‘NATIONAL
PARK SERVICE’’).
16 U.S.C. 3a.
3
4
5
6
7
8
9
16
16
16
16
16
16
16
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U.S.C.
U.S.C.
U.S.C.
U.S.C.
U.S.C.
U.S.C.
U.S.C.
5402.
5403.
5404.
5405.
5406.
5407.
5408.
div. A, title I, § 101(d) [title I
(3d undesignated paragraph
under heading
‘‘ADMINISTRATIVE PROVISIONS’’
under heading ‘‘NATIONAL
PARK SERVICE’’)].
16 U.S.C. 1g.
div. I, title VI, § 604 ...............
div. I, title VIII, § 814(a)(2)
through (19).
div. I, title VIII, § 814(g) ........
16 U.S.C. 469k.
16 U.S.C. 17o(2) through (19).
3 ...............................................
4 ...............................................
5 ...............................................
16 U.S.C. 469l–1.
16 U.S.C. 469l–2.
16 U.S.C. 469l–3.
div. A, title X, § 1068 .............
16 U.S.C. 5409.
2 ...............................................
101 ...........................................
16 U.S.C. 5901.
16 U.S.C. 5911.
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PUBL287
PUBLIC LAW 113–287—DEC. 19, 2014
128 STAT. 3279
Schedule of Laws Repealed—Continued
Act
102
103
104
201
202
203
204
205
206
207
402
403
404
405
406
407
408
409
410
411
412
413
414
416
417
418
501
801
Public Law 106–206 ...................
16
16
16
16
16
16
16
16
16
16
16
16
16
16
16
16
16
16
16
16
16
16
16
16
16
16
16
16
U.S.C. 5912.
U.S.C. 5913.
U.S.C. 5914.
U.S.C. 5931.
U.S.C. 5932.
U.S.C. 5933.
U.S.C. 5934.
U.S.C. 5935.
U.S.C. 5936.
U.S.C. 5937.
U.S.C. 5951.
U.S.C. 5952.
U.S.C. 5953.
U.S.C. 5954.
U.S.C. 5955.
U.S.C. 5956.
U.S.C. 5957.
U.S.C. 5958.
U.S.C. 5959.
U.S.C. 5960.
U.S.C. 5961.
U.S C. 5962.
U.S.C. 5963.
U.S.C. 5964.
U.S.C. 5965.
U.S.C. 5966.
U.S.C. 5981.
U.S.C. 6011.
16 U.S.C. 460l–6d (relating
to National Park System).
title I (paragraph under
heading ‘‘CONTRIBUTION FOR
ANNUITY BENEFITS’’ under
heading ‘‘NATIONAL PARK
SERVICE’’).
16 U.S.C. 14e.
div. F, title I (words before
proviso in last undesignated
paragraph under heading
‘‘ADMINISTRATIVE PROVISIONS’’
under heading ‘‘NATIONAL
PARK SERVICE’’).
div. F, title I (proviso in last
undesignated paragraph
under heading
‘‘ADMINISTRATIVE PROVISIONS’’
under heading ‘‘NATIONAL
PARK SERVICE’’).
16 U.S.C. 1h.
div. F, title I (1st paragraph
under heading
‘‘ADMINISTRATIVE PROVISIONS’’
under heading ‘‘NATIONAL
PARK SERVICE’’).
16 U.S.C. 5954 note.
Consolidated Natural Resources
Act of 2008 (Pub. L. 110–229)
title III, subtitle A, § 301 .......
16 U.S.C. 1j.
Omnibus Public Land Management Act of 2009 (Pub. L.
111–11) ....................................
title VII, subtitle B, § 7111(b)
16 U.S.C. 469m(b).
Consolidated
Appropriations
Resolution, 2003 (Pub. L.
108–7) ......................................
Consolidated Appropriations Act
of 2008 (Pub. L. 110–161) ......
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...........................................
...........................................
...........................................
...........................................
1 (relating to National Park
System).
Department of the Interior and
Related Agencies Appropriations Act, 2002 (Pub. L. 107–
63) ............................................
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PUBL287
128 STAT. 3280
PUBLIC LAW 113–287—DEC. 19, 2014
Schedule of Laws Repealed—Continued
Act
Section
title VII, subtitle
title VII, subtitle
§ 7301(b), (c).
title VII, subtitle
through (f).
title VII, subtitle
Credit Card Accountability Responsibility and Disclosure
Act of 2009 (Pub. L. 111–24) ..
United States Code Former
Classification
B, § 7111(c)
D,
16 U.S.C. 469m(c).
16 U.S.C. 469k–1)(b), (c).
D, § 7302(b)
16 U.S.C. 469n(b) through (f).
D, § 7303 ...
16 U.S.C. 469o.
title V, § 512 (relating to
National Park System).
16 U.S.C. 1a–7b (relating to
National Park System).
srobinson on DSKB307YQ1PROD with PUBLIC LAWS
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.
Æ
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