National Park Service Organic Act of 1916 & Management of Museum Properties Act of 1955

Page 29

TITLE 16—CONSERVATION

Sec.

§1

Sec.

460nnn–52.
460nnn–53.

Advisory role in management activities.
Science committee.

PART B—STEENS MOUNTAIN WILDERNESS AREA
460nnn–61.
460nnn–62.
460nnn–63.
460nnn–64.

Designation of Steens Mountain Wilderness Area.
Administration of Wilderness Area.
Water rights.
Treatment of wilderness study areas.

PART C—WILD AND SCENIC RIVERS AND TROUT
RESERVE
460nnn–71.

460nnn–72.

Designation of streams for wild and scenic river status in Steens Mountain
Area.
Donner und Blitzen River Redband Trout
Reserve.

PART D—MINERAL WITHDRAWAL AREA
460nnn–81.
460nnn–82.

Designation of mineral withdrawal area.
Treatment of State lands and mineral
interests.

PART E—ESTABLISHMENT OF WILDLANDS JUNIPER
MANAGEMENT AREA
460nnn–91.
460nnn–92.

Wildlands Juniper Management Area.
Release from wilderness study area
status.
PART F—LAND EXCHANGES

460nnn–101.
460nnn–102.
460nnn–103.
460nnn–104.
460nnn–105.

Land exchange, Roaring Springs Ranch.
Land exchanges, C. M. Otley and Otley
Brothers.
Land exchange, Tom J. Davis Livestock,
Incorporated.
Land exchange, Lowther (Clemens)
Ranch.
General provisions applicable to land exchanges.
PART G—FUNDING AUTHORITIES

460nnn–121.
460nnn–122.

Authorization of appropriations.
Use of land and water conservation fund.

SUBCHAPTER CXXVI—LAS CIENEGAS NATIONAL
CONSERVATION AREA
460ooo.
460ooo–1.
460ooo–2.
460ooo–3.
460ooo–4.
460ooo–5.
460ooo–6.
460ooo–7.

Definitions.
Establishment of the Sonoita Valley Acquisition Planning District.
Purposes of the Acquisition Planning
District.
Establishment of the Las Cienegas National Conservation Area.
Management of the Las Cienegas National Conservation Area.
Management plan.
Land acquisition.
Reports to Congress.

SUBCHAPTER CXXVII—BLACK ROCK DESERTHIGH ROCK CANYON EMIGRANT TRAILS NATIONAL CONSERVATION AREA
460ppp.
460ppp–1.
460ppp–2.
460ppp–3.
460ppp–4.
460ppp–5.
460ppp–6.
460ppp–7.

Findings.
Definitions.
Establishment of the conservation area.
Management.
Withdrawal.
No buffer zones.
Wilderness.
Authorization of appropriations.

SUBCHAPTER CXXVIII—SLOAN CANYON
NATIONAL CONSERVATION AREA
460qqq.
460qqq–1.
460qqq–2.
460qqq–3.

Purpose.
Definitions.
Establishment.
Management.

460qqq–4.
460qqq–5.

Sale of Federal parcel.
Right-of-way.

SUBCHAPTER CXXIX—RIO GRANDE NATURAL
AREA
460rrr.
460rrr–1.
460rrr–2.
460rrr–3.
460rrr–4.
460rrr–5.
460rrr–6.
460rrr–7.
460rrr–8.

Definitions.
Establishment of Rio Grande Natural
Area.
Establishment of the Commission.
Powers of the Commission.
Management plan.
Administration of Natural Area.
Effect.
Authorization of appropriations.
Termination of Commission.

SUBCHAPTER CXXX—COW MOUNTAIN
RECREATION AREA
460sss.

Cow Mountain Recreation Area, Lake
and Mendocino Counties, California.

SUBCHAPTER CXXXI—MOOSALAMOO NATIONAL
RECREATION AREA
460ttt.
460ttt–1.
460ttt–2.

Designation.
Map and description.
Administration of national recreation
area.

SUBCHAPTER CXXXII—MOUNT HOOD NATIONAL
RECREATION AREA
460uuu.

Mount Hood National Recreation Area.

SUBCHAPTER CXXXIII—BRIDGEPORT WINTER
RECREATION AREA
460vvv.

Bridgeport Winter Recreation Area.

SUBCHAPTER CXXXIV—RED CLIFFS NATIONAL
CONSERVATION AREA
460www.

Red Cliffs National Conservation Area.

SUBCHAPTER CXXXV—BEAVER DAM WASH
NATIONAL CONSERVATION AREA
460xxx.

Beaver Dam Wash National Conservation
Area.

SUBCHAPTER CXXXVI—FORT STANTON-SNOWY
RIVER CAVE NATIONAL CONSERVATION AREA
460yyy.
460yyy–1.

460yyy–2.
460yyy–3.

Definitions.
Establishment of the Fort StantonSnowy River Cave National Conservation Area.
Management of the Conservation Area.
Authorization of appropriations.

SUBCHAPTER CXXXVII—DOMINGUEZ-ESCALANTE
NATIONAL CONSERVATION AREA
460zzz.
460zzz–1.
460zzz–2.
460zzz–3.
460zzz–4.
460zzz–5.
460zzz–6.
460zzz–7.

Definitions.
Dominguez-Escalante
National
Conservation Area.
Dominguez Canyon Wilderness Area.
Maps and legal descriptions.
Management of Conservation Area and
Wilderness.
Management plan.
Advisory Council.
Authorization of appropriations.

SUBCHAPTER I—NATIONAL PARK SERVICE
§ 1. Service created; director; other employees
There is created in the Department of the Interior a service to be called the National Park
Service, which 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. The Director shall have substantial experience and demonstrated competence in land man-

§1

TITLE 16—CONSERVATION

agement and natural or cultural resource conservation. The Director shall select two Deputy
Directors. The first Deputy Director shall have
responsibility for National Park Service operations, and the second Deputy Director shall
have responsibility for other programs assigned
to the National Park Service. There shall also
be in said service such subordinate officers,
clerks, and employees as may be appropriated
for by Congress. The service thus established
shall promote and regulate the use of the Federal areas known as national parks, monuments,
and reservations hereinafter specified, except
such as are under the jurisdiction of the Secretary of the Army, as provided by law, by such
means and measures as conform to the fundamental purpose of the said parks, monuments,
and reservations, which purpose is to conserve
the scenery and the natural and historic objects
and the wild life therein and to provide for the
enjoyment of the same in such manner and by
such means as will leave them unimpaired for
the enjoyment of future generations.
(Aug. 25, 1916, ch. 408, § 1, 39 Stat. 535; Ex. Ord.
No. 6166, § 2, June 10, 1933; Mar. 2, 1934, ch. 38, § 1,
48 Stat. 389; July 26, 1947, ch. 343, title II, § 205(a),
61 Stat. 501; Pub. L. 104–333, div. I, title VIII,
§ 814(e)(1), Nov. 12, 1996, 110 Stat. 4196.)
CODIFICATION
Provisions relating to the pay of certain employees
have been omitted as the pay of the employees is fixed
pursuant to chapter 51 and subchapter III of chapter 53
of Title 5, Government Organization and Employees.
AMENDMENTS
1996—Pub. L. 104–333 amended first sentence by substituting ‘‘who shall be appointed by the President, by
and with the advice and consent of the Senate. The Director shall have substantial experience and demonstrated competence in land management and natural
or cultural resource conservation. The Director shall
select two Deputy Directors. The first Deputy Director
shall have responsibility for National Park Service operations, and the second Deputy Director shall have responsibility for other programs assigned to the National Park Service.’’ for original text which read ‘‘who
shall be appointed by the Secretary and who shall receive a salary of $4,500 per annum.’’
CHANGE OF NAME
Office of National Parks, Buildings, and Reservations
designated National Park Service by act Mar. 2, 1934,
ch. 38, § 1, 48 Stat. 389.
Department of War designated Department of the
Army and title of Secretary of War changed to Secretary of the Army by section 205(a) of act July 26, 1947,
ch. 343, title II, 61 Stat. 501. Section 205(a) of act July
26, 1947, was repealed by section 53 of act Aug. 10, 1956,
ch. 1041, 70A Stat. 641. Section 1 of act Aug. 10, 1956, enacted ‘‘Title 10, Armed Forces’’ which in sections 3010
to 3013 continued military Department of the Army
under administrative supervision of Secretary of the
Army.
EFFECTIVE DATE OF 1996 AMENDMENT
Pub. L. 104–333, div. I, title VIII, § 814(e)(2), Nov. 12,
1996, 110 Stat. 4197, provided that: ‘‘The amendment
made by subsection (a) [probably should be ‘‘paragraph
(1)’’, which amended this section] shall take effect on
February 1, 1997, and shall apply with respect to the individual (if any) serving as the Director of the National
Park Service on that date.’’
SHORT TITLE OF 2009 AMENDMENT
Pub. L. 111–11, § 1(a), Mar. 30, 2009, 123 Stat. 991, provided that: ‘‘This Act [see Tables for classification]

Page 30

may be cited as the ‘Omnibus Public Land Management
Act of 2009’.’’
SHORT TITLE OF 2008 AMENDMENT
Pub. L. 110–229, § 1(a), May 8, 2008, 122 Stat. 754, provided that: ‘‘This Act [see Tables for classification]
may be cited as the ‘Consolidated Natural Resources
Act of 2008’.’’
SHORT TITLE OF 2004 AMENDMENT
Pub. L. 108–352, § 1, Oct. 21, 2004, 118 Stat. 1395, provided that: ‘‘This Act [amending sections 1a–6, 392c,
410ggg, 410ggg–1, 430h–11, 460kkk, 470h–2, 698u–4, 1244,
1249, and 1274 of this title, enacting provisions set out
as notes under this section and section 502 of Title 40,
Public Buildings, Property, and Works, and amending
provisions listed in a table of National Historic Sites
and a table of National Heritage Areas set out under
section 461 of this title and a table of Commemorative
Works set out under section 8903 of Title 40] may be
cited as the ‘National Park System Laws Technical
Amendments Act of 2004’.’’
SHORT TITLE OF 2002 AMENDMENT
Pub. L. 107–236, § 1, Oct. 9, 2002, 116 Stat. 1483, provided
that: ‘‘This Act [amending section 460kk of this title]
may be cited as the ‘Santa Monica Mountains National
Recreation Area Boundary Adjustment Act’.’’
SHORT TITLE OF 2000 AMENDMENTS
Pub. L. 106–510, § 1, Nov. 13, 2000, 114 Stat. 2363, provided that: ‘‘This Act [amending sections 391b, 391d,
392c, 396b, 396c, 396d, 397 to 397b, 397d, and 1244 of this
title and section 1026 of Title 30, Mineral Lands and
Mining, enacting provisions set out as notes under sections 391d, 396b, 396d, and 397 of this title, and amending
provisions set out as notes under sections 1a–1 and 391
of this title, section 1005 of Title 30, provisions listed in
a table of National Historic Sites set out under section
461 of this title, and provisions listed in a table of Wilderness Areas set out under section 1132 of this title]
may be cited as the ‘Hawaii Volcanoes National Park
Adjustment Act of 2000’.’’
Pub. L. 106–176, § 1(a), Mar. 10, 2000, 114 Stat. 23, provided that: ‘‘This Act [see Tables for classification]
may be cited as the ‘Omnibus Parks Technical Corrections Act of 2000’.’’
SHORT TITLE OF 1998 AMENDMENT
Pub. L. 105–391, title III, § 301, Nov. 13, 1998, 112 Stat.
3501, provided that: ‘‘This title [amending section 1a–5
of this title and enacting provisions set out as a note
under section 1a–5 of this title] may be cited as the ‘National Park System New Areas Studies Act’.’’
SHORT TITLE OF 1996 AMENDMENT
Pub. L. 104–333, § 1, Nov. 12, 1996, 110 Stat. 4093, provided that: ‘‘This Act [see Tables for classification]
may be cited as the ‘Omnibus Parks and Public Lands
Management Act of 1996’.’’
SHORT TITLE OF 1983 AMENDMENT
Pub. L. 98–141, § 1, Oct. 31, 1983, 97 Stat. 909, provided:
‘‘That this Act [amending sections 459b–8, 459g–7, and
460x–14 of this title and sections 872, 874, 875, 880, and 885
of former Title 40, Public Buildings, Property, and
Works, repealing section 433e of this title, and amending provisions set out as a note under section 433c of
this title] may be cited as the ‘Public Lands and National Parks Act of 1983’.’’
SHORT TITLE OF 1978 AMENDMENT
Pub. L. 95–625, § 1, Nov. 10, 1978, 92 Stat. 3467, provided
that: ‘‘This Act [enacting chapter 45 and sections 45f,
230 to 230i, 241g, 396d, 410y–1a, 441e–1, 459c–6b, 460m–15 to
460m–25, 460kk, 471i, and 1285a of this title, amending
sections 1a–5, 1a–7, 273f, 282c, 283e, 397 to 397d, 410y–6,
410z, 410z–1, 430mm, 450mm–1, 450qq–4, 459c–1, 459c–5,

Page 31

TITLE 16—CONSERVATION

§ 1a–1

459e, 459e–1, 459e–6, 459e–9, 459h–10, 459i, 459i–9, 460l–8,
460m–14, 460o–1, 460q–9, 460u–9, 460aa–12, 460bb–1 to
460bb–4, 460ff–1, 460ff–3, 460ff–5, 460gg, 463, 469c, 470t,
698m, 1241, 1242, 1244 to 1247, 1249, 1273, 1274, 1276, 1277,
1283, and 1287 of this title, repealing sections 45a–3 and
688 of this title, enacting provisions set out as notes
under sections 1a–5, 45a–1, 45f, 410z, 430nn, 430oo, 431, 461,
602, 688, 1246, 1274, and 2501 of this title, and amending
provisions set out as notes under sections 431, 433c,
450bb, 461, and 1132 of this title] may be cited as the
‘National Parks and Recreation Act of 1978’.’’

Ex. Ord. No. 6166, set out as a note under section 901 of
Title 5. Cemeteries and parks located outside of continental United States remained under War Department.

SHORT TITLE OF 1970 AMENDMENT

‘‘SEC. 5051. SHORT TITLE.
‘‘This subtitle may be cited as the ‘National Park Police Drug Enforcement Supplemental Authority Act’.

Pub. L. 91–383, § 14, as added by Pub. L. 108–352, § 10(b),
Oct. 21, 2004, 118 Stat. 1397, provided that: ‘‘This Act
[enacting sections 1a–1 to 1a–7a of this title, amending
sections 1b, 1c, 17j, 460n–5, 463, 470a, and 559 of this title,
and repealing sections 10, 10a, 17b–1, and 415 of this
title] may be cited as the ‘National Park System General Authorities Act’.’’
SHORT TITLE
Act Aug. 25, 1916, ch. 408, § 5, as added by Pub. L.
108–352, § 10(a), Oct. 21, 2004, 118 Stat. 1397, provided
that: ‘‘This Act [enacting this section and sections 2, 3,
and 4 of this title and amending sections 22 and 43 of
this title and section 1457 of Title 43, Public Lands]
may be cited as the ‘National Park Service Organic
Act’.’’
TRANSFER OF FUNCTIONS
For transfer of functions of other officers, employees,
and agencies of Department of the Interior, with certain exceptions, to Secretary of the Interior, with
power to delegate, see Reorg. Plan No. 3 of 1950, §§ 1, 2,
eff. May 24, 1950, 15 F.R. 3174, 64 Stat. 1262, set out in
the Appendix to Title 5, Government Organization and
Employees.
Functions of Federal Works Agency and of all agencies thereof, together with functions of Federal Works
Administrator, and functions of Commissioner of Public Buildings, and Public Buildings Administration,
transferred to Administrator of General Services by act
June 30, 1949, ch. 288, title I, § 103(a), 63 Stat. 380. Federal Works Agency, Office of Federal Works Administrator, Office of Commissioner of Public Buildings, and
Public Building Administration abolished by section
103(b) of that act. See Historical and Revision Notes
under section 303(b) of Title 40, Public Buildings, Property, and Works. Section 303(b) of Title 40 was amended
generally by Pub. L. 109–313, § 2(a)(1), Oct. 6, 2006, 120
Stat. 1734, and, as so amended, no longer relates to the
Federal Works Agency and Commissioner of Public
Buildings. See 2006 Amendment note under section 303
of Title 40.
Branch of Buildings Management of National Park
Service in Department of the Interior and its functions
and personnel, except those relating to monuments and
memorials, and certain functions of National Park
Service in connection with public buildings in District
of Columbia, together with personnel engaged exclusively in such functions, transferred to Public Buildings Administration, and functions of Secretary of the
Interior and Director of National Park Service relating
thereto transferred to Federal Works Administrator by
Reorg. Plan No. I of 1939, §§ 301, 303, eff. July 1, 1939, 4
F.R. 2729, 53 Stat. 1427, set out in the Appendix to Title
5.
Mount Rushmore National Memorial Commission and
its functions transferred to National Park Service by
Reorg. Plan No. II of 1939, § 4(i), eff. July 1, 1939, 4 F.R.
2731, 53 Stat. 1434, set out in the Appendix to Title 5.
Functions of administration of public buildings, reservations, national parks, national monuments, and
national cemeteries, including those with respect to
enumerated national cemeteries and parks of War Department located within continental limits of United
States, consolidated, with certain exceptions, in National Park Service in Department of the Interior by

NATIONAL PARK POLICE DRUG ENFORCEMENT
SUPPLEMENTAL AUTHORITY ACT
Pub. L. 99–570, title V, subtitle B (§§ 5051, 5052), Oct.
27, 1986, 100 Stat. 3207–156, as amended by Pub. L.
100–690, title VI, § 6254(d)(2), Nov. 18, 1988, 102 Stat. 4365,
provided that:

‘‘SEC. 5052. NATIONAL PARK AUTHORIZATION.
‘‘In order to improve Federal law enforcement activities relating to the use and production of narcotics and
controlled substances in National Park System units,
from amounts appropriated there shall be made available to the Secretary of the Interior, in addition to
sums made available under other authority of law,
$3,000,000 for fiscal year 1989, and for each fiscal year
thereafter, to be used for the employment and training
of officers or employees of the Department of the Interior designated pursuant to section 10(b) of the Act of
August 18, 1970 (16 U.S.C. 1a–6), for equipment and facilities to be used by such personnel, and for expenses
related to such employment, training, equipment, and
facilities.’’
CODIFICATION OF LAWS RELATING TO UNITED STATES
PARK POLICE; FEASIBILITY STUDY AND REPORT BY
SECRETARY OF THE INTERIOR
Pub. L. 94–533, § 3, Oct. 17, 1976, 90 Stat. 2494, directed
Secretary of the Interior to submit to Congress not
later than one year after Oct. 17, 1976, a report on feasibility and desirability of enacting as a part of United
States Code those provisions concerning powers, duties,
functions, salaries, and benefits of officers and members of the United States Park Police force which presently are contained in several statutes and are compiled in District of Columbia Code.
NATIONAL PARK CENTENNIAL COMMISSION
Pub. L. 91–332, July 10, 1970, 84 Stat. 427, provided that
1972 was to be designated by President as ‘‘National
Parks Centennial Year’’, in recognition in 1872 of establishment of world’s first national park at Yellowstone.
There was also established a National Park Centennial
Commission, composed of four members of Senate, four
members of House, Secretary of the Interior, and six
persons to be appointed by President. The Commission
was empowered to prepare a suitable plan for commemoration of establishment of Yellowstone, to coordinate all activities under such plan, and to provide
host services for a world conference on National Parks
in 1972. The Commission was to submit a final report of
its activities, including an accounting of funds received
and expended, to Congress, not later than Dec. 31, 1973,
and was to cease to exist upon submission of said report.

§ 1a. Repealed. June 25, 1948, ch. 646, § 39, 62
Stat. 992, eff. Sept. 1, 1948
Section, act June 28, 1938, ch. 778, § 1, 52 Stat. 1213, related to residence of United States Commissioners [now
magistrate judges].

§ 1a–1. National Park System: administration;
declaration of findings and purpose
Congress declares that 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, its territories and island possessions;

§ 1a–1

TITLE 16—CONSERVATION

that these areas, though distinct in character,
are united through their inter-related purposes
and resources into one national park system as
cumulative expressions of a single national heritage; that, 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 national park system preserved and managed for the benefit and inspiration of all the
people of the United States; and that it is the
purpose of this Act to include all such areas in
the System and to clarify the authorities applicable to the system. Congress further reaffirms,
declares, and directs that the promotion and
regulation of the various areas of the National
Park System, as defined in section 1c of this
title, shall be consistent with and founded in the
purpose established by section 1 of this title, 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 these areas shall be
conducted in light of the high public value and
integrity of the National Park System and shall
not be exercised in derogation of the values and
purposes for which these various areas have
been established, except as may have been or
shall be directly and specifically provided by
Congress.
(Pub. L. 91–383, § 1, Aug. 18, 1970, 84 Stat. 825;
Pub. L. 95–250, title I, § 101(b), Mar. 27, 1978, 92
Stat. 166.)
REFERENCES IN TEXT
This Act, referred to in text, means Pub. L. 91–383,
Aug. 18, 1970, 84 Stat. 825, as amended, known as the
‘‘National Park System General Authorities Act’’. As
originally enacted, Pub. L. 91–383 contained sections 1
to 4, the first 3 of which enacted sections 1a–1 and 1a–2
and amended sections 1b and 1c of this title. Pub. L.
94–458 amended Pub. L. 91–383 by adding sections 5 to 12,
which enacted sections 1a–3 to 1a–7, amended sections
17j, 460n–5, 463, 470a, and 559, and repealed sections 10,
10a, 17b–1, and 415 of this title. Pub. L. 103–322 amended
Pub. L. 91–383 by adding section 13, which enacted section 1a–7a of this title. For complete classification of
this Act to the Code, see Short Title of 1970 Amendment note set out under section 1 of this title and
Tables.
AMENDMENTS
1978—Pub. L. 95–250 provided that the promotion and
regulation of the various areas of the National Park
System, as defined in section 1c of this title, be consistent with and founded in the purpose established by section 1 of this title, to the common benefit of all the
people of the United States, and that the authorization
of activities be construed and the protection, management, and administration of these areas be conducted
in light of the high public value and integrity of the
National Park System and not be exercised in derogation of the values and purposes for which these various
areas have been established, except as may have been
or shall be directly and specifically provided by Congress.
SPECIAL EVENTS AT NATIONAL MALL
Pub. L. 108–108, title I, § 145, Nov. 10, 2003, 117 Stat.
1280, provided that: ‘‘None of the funds appropriated or
otherwise made available by this or any other Act,
hereafter enacted, may be used to permit the use of the
National Mall for a special event, unless the permit expressly prohibits the erection, placement, or use of

Page 32

structures and signs bearing commercial advertising.
The Secretary may allow for recognition of sponsors of
special events: Provided, That the size and form of the
recognition shall be consistent with the special nature
and sanctity of the Mall and any lettering or design
identifying the sponsor shall be no larger than onethird the size of the lettering or design identifying the
special event. In approving special events, the Secretary shall ensure, to the maximum extent practicable, that public use of, and access to the Mall is not
restricted. For purposes of this section, the term ‘special event’ shall have the meaning given to it by section 7.96(g)(1)(ii) of title 36, Code of Federal Regulations.’’
STUDY OF AIR TRAFFIC OVER GRAND CANYON
Pub. L. 102–581, title I, § 134, Oct. 31, 1992, 106 Stat.
4887, provided that:
‘‘(a) STUDY.—The Administrator of the Federal Aviation Administration, in consultation with the Director
of the National Park Service, the State of Arizona, the
State of Nevada, the Clark County Department of Aviation, affected Indian tribes, and the general public,
shall conduct a study on increased air traffic over
Grand Canyon National Park.
‘‘(b) REPORT.—The Administrator of the Federal
Aviation Administration shall submit to Congress a report on the results of the study conducted under subsection (a). The report shall include the following:
‘‘(1) A report on the increase in air traffic over
Grand Canyon National Park since 1987.
‘‘(2) A forecast of the increase in air traffic over
Grand Canyon National Park through 2010.
‘‘(3) A report on the carrying capacity of the airspace over Grand Canyon National Park to ensure
aviation safety and to meet the requirements established by section 3 of the Act of August 18, 1987 (Public Law 100–91; 101 Stat. 676) [set out below], including
the substantial restoration of natural quiet at the
Park.
‘‘(4) A plan of action to manage increased air traffic
over Grand Canyon National Park to ensure aviation
safety and to meet the requirements established by
such section 3 of the Act of August 18, 1987, including
any measures to encourage or require the use of quiet
aircraft technology by commercial air tour operators.’’
REMOVAL OF FERAL BURROS AND HORSES FROM DEATH
VALLEY NATIONAL MONUMENT
Pub. L. 102–381, title I, Oct. 5, 1992, 106 Stat. 1384, provided in part: ‘‘That in fiscal year 1993 and thereafter,
the National Park Service may use helicopters and motorized equipment at Death Valley National Monument
for removal of feral burros and horses’’.
STUDY TO DETERMINE APPROPRIATE MINIMUM ALTITUDE FOR AIRCRAFT FLYING OVER NATIONAL PARK
SYSTEM UNITS
Pub. L. 100–91, Aug. 18, 1987, 101 Stat. 674, as amended
by Pub. L. 106–510, § 3(a)(2), (b)(2), Nov. 13, 2000, 114 Stat.
2363, provided that:
‘‘SECTION 1. STUDY OF PARK OVERFLIGHTS.
‘‘(a) STUDY BY PARK SERVICE.—The Secretary of the
Interior (hereinafter referred to as the ‘Secretary’),
acting through the Director of the National Park Service, shall conduct a study to determine the proper minimum altitude which should be maintained by aircraft
when flying over units of the National Park System.
The Secretary of Transportation, acting through the
Administrator of the Federal Aviation Administration
(hereinafter referred to as the ‘Administrator’), shall
provide technical assistance to the Secretary in carrying out the study.
‘‘(b) GENERAL REQUIREMENTS OF STUDY.—The study
shall identify any problems associated with overflight
by aircraft of units of the National Park System and
shall provide information regarding the types of over-

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TITLE 16—CONSERVATION

flight which may be impacting on park unit resources.
The study shall distinguish between the impacts caused
by sightseeing aircraft, military aircraft, commercial
aviation, general aviation, and other forms of aircraft
which affect such units. The study shall identify those
park system units, and portions thereof, in which the
most serious adverse impacts from aircraft overflights
exist.
‘‘(c) SPECIFIC REQUIREMENTS.—The study under this
section shall include research at the following units of
the National Park System: Cumberland Island National
Seashore, Yosemite National Park, Hawai‘i Volcanoes
National Park, Haleakala¯ National Park, Glacier National Park, and Mount Rushmore National Memorial,
and at no less than four additional units of the National Park System, excluding all National Park System units in the State of Alaska. The research at each
such unit shall provide information and an evaluation
regarding each of the following:
‘‘(1) the impacts of aircraft noise on the safety of
the park system users, including hikers, rock-climbers, and boaters;
‘‘(2) the impairment of visitor enjoyment associated with flights over such units of the National Park
System;
‘‘(3) other injurious effects of overflights on the
natural, historical, and cultural resources for which
such units were established; and
‘‘(4) the values associated with aircraft flights over
such units of the National Park System in terms of
visitor enjoyment, the protection of persons or property, search and rescue operations and firefighting.
Such research shall evaluate the impact of overflights
by both fixed-wing aircraft and helicopters. The research shall include an evaluation of the differences in
noise levels within such units of the National Park
System which are associated with flight by commonly
used aircraft at different altitudes. The research shall
apply only to overflights and shall not apply to landing
fields within, or adjacent to, such units.
‘‘(d) REPORT TO CONGRESS.—The Secretary shall submit a report to the Congress within 3 years after the
enactment of this Act [Aug. 18, 1987] containing the results of the study carried out under this section. Such
report shall also contain recommendations for legislative and regulatory action which could be taken regarding the information gathered pursuant to paragraphs (1) through (4) of subsection (c). Before submission to the Congress, the Secretary shall provide a
draft of the report and recommendations to the Administrator for review. The Administrator shall review
such report and recommendations and notify the Secretary of any adverse effects which the implementation
of such recommendations would have on the safety of
aircraft operations. The Administrator shall consult
with the Secretary to resolve issues relating to such
adverse effects. The final report shall include a finding
by the Administrator that implementation of the recommendations of the Secretary will not have adverse
effects on the safety of aircraft operations, or if the Administrator is unable to make such finding, a statement by the Administrator of the reasons he believes
the Secretary’s recommendations will have an adverse
effect on the safety of aircraft operations.
‘‘(e) FAA REVIEW OF RULES.—The Administrator shall
review current rules and regulations pertaining to
flights of aircraft over units of the National Park System at which research is conducted under subsection
(c) and over any other such units at which such a review is determined necessary by the Administrator or
is requested by the Secretary. In the review under this
subsection, the Administrator shall determine whether
changes are needed in such rules and regulations on the
basis of aviation safety. Not later than 180 days after
the identification of the units of the National Park
System for which research is to be conducted under
subsection (c), the Administrator shall submit a report
to Congress containing the results of the review along
with recommendations for legislative and regulatory
action which are needed to implement any such
changes.

§ 1a–1

‘‘(f) AUTHORIZATION.—There are authorized to be appropriated such sums as may be necessary to carry out
the studies and review under this section.
‘‘SEC.
2.
FLIGHTS
OVER
YOSEMITE
AND
¯ DURING STUDY AND REVIEW.
HALEAKALA
‘‘(a) YOSEMITE NATIONAL PARK.—During the study and
review periods provided in subsection (c), it shall be unlawful for any fixed wing aircraft or helicopter flying
under visual flight rules to fly at an altitude of less
than 2,000 feet over the surface of Yosemite National
Park. For purposes of this subsection, the term ‘surface’ refers to the highest terrain within the park
which is within 2,000 feet laterally of the route of flight
and with respect to Yosemite Valley such term refers
to the upper-most rim of the valley.
‘‘(b) HALEAKALA¯ NATIONAL PARK.—During the study
and review periods provided in subsection (c), it shall
be unlawful for any fixed wing aircraft or helicopter
flying under visual flight rules to fly at an altitude
below 9,500 feet above mean sea level over the surface
of any of the following areas in Haleakala¯ National
Park: Haleakala Crater, Crater Cabins, the Scientific
Research Reserve, Halemauu Trail, Kaupo Gap Trail, or
any designated tourist viewpoint.
‘‘(c) STUDY AND REVIEW PERIODS.—For purposes of
subsections (a) and (b), the study period shall be the period of the time after the date of enactment of this Act
[Aug. 18, 1987] and prior to the submission of the report
under section 1. The review period shall comprise a 2year period for Congressional review after the submission of the report to Congress.
‘‘(d) EXCEPTIONS.—The prohibitions contained in subsections (a) and (b) shall not apply to any of the following:
‘‘(1) emergency situations involving the protection
of persons or property, including aircraft;
‘‘(2) search and rescue operations;
‘‘(3) flights for purposes of firefighting or for required administrative purposes; and
‘‘(4) compliance with instructions of an air traffic
controller.
‘‘(e) ENFORCEMENT.—For purposes of enforcement, the
prohibitions contained in subsections (a) and (b) shall
be treated as requirements established pursuant to section 307 of the Federal Aviation Act of 1958 [see 49
U.S.C. 40103(b)]. To provide information to pilots regarding the restrictions established under this Act, the
Administrator shall provide public notice of such restrictions in appropriate Federal Aviation Administration publications as soon as practicable after the enactment of this Act [Aug. 18, 1987].
‘‘SEC. 3. GRAND CANYON NATIONAL PARK.
‘‘(a) Noise associated with aircraft overflights at the
Grand Canyon National Park is causing a significant
adverse effect on the natural quiet and experience of
the park and current aircraft operations at the Grand
Canyon National Park have raised serious concerns regarding public safety, including concerns regarding the
safety of park users.
‘‘(b) RECOMMENDATIONS.—
‘‘(1) SUBMISSION.—Within 30 days after the enactment of this Act [Aug. 18, 1987], the Secretary shall
submit to the Administrator recommendations regarding actions necessary for the protection of resources in the Grand Canyon from adverse impacts
associated with aircraft overflights. The recommendations shall provide for substantial restoration
of the natural quiet and experience of the park and
protection of public health and safety from adverse
effects associated with aircraft overflight. Except as
provided in subsection (c), the recommendations shall
contain provisions prohibiting the flight of aircraft
below the rim of the Canyon, and shall designate
flight free zones. Such zones shall be flight free except for purposes of administration and for emergency operations, including those required for the
transportation of persons and supplies to and from
Supai Village and the lands of the Havasupai Indian
Tribe of Arizona. The Administrator, after consulta-

§ 1a–2

TITLE 16—CONSERVATION

tion with the Secretary, shall define the rim of the
Canyon in a manner consistent with the purposes of
this paragraph.
‘‘(2) IMPLEMENTATION.—Not later than 90 days after
receipt of the recommendations under paragraph (1)
and after notice and opportunity for hearing, the Administrator shall prepare and issue a final plan for
the management of air traffic in the air space above
the Grand Canyon. The plan shall, by appropriate
regulation, implement the recommendations of the
Secretary without change unless the Administrator
determines that implementing the recommendations
would adversely affect aviation safety. If the Administrator determines that implementing the recommendations would adversely affect aviation safety, he
shall, not later than 60 days after making such determination, in consultation with the Secretary and
after notice and opportunity for hearing, review the
recommendations consistent with the requirements
of paragraph (1) to eliminate the adverse effects on
aviation safety and issue regulations implementing
the revised recommendations in the plan. In addition
to the Administrator’s authority to implement such
regulations under the Federal Aviation Act of 1958
[see 49 U.S.C. 40101 et seq.], the Secretary may enforce the appropriate requirements of the plan under
such rules and regulations applicable to the units of
the National Park System as he deems appropriate.
‘‘(3) REPORT.—Within 2 years after the effective
date of the plan required by subsection (b)(2), the Secretary shall submit to the Congress a report discussing—
‘‘(A) whether the plan has succeeded in substantially restoring the natural quiet in the park; and
‘‘(B) such other matters, including possible revisions in the plan, as may be of interest.
The report shall include comments by the Administrator regarding the effect of the plan’s implementation on aircraft safety.
‘‘(c) HELICOPTER FLIGHTS OF RIVER RUNNERS.—Subsection (b) shall not prohibit the flight of helicopters—
‘‘(1) which fly a direct route between a point on the
north rim outside of the Grand Canyon National Park
and locations on the Hualapai Indian Reservation (as
designated by the Tribe); and
‘‘(2) whose sole purpose is transporting individuals
to or from boat trips on the Colorado River and any
guide of such a trip.
‘‘SEC. 4. BOUNDARY WATERS CANOE AREA WILDERNESS.
‘‘The Administrator shall conduct surveillance of aircraft flights over the Boundary Waters Canoe Area Wilderness as authorized by the Act of October 21, 1978 (92
Stat. 1649–1659) for a period of not less than 180 days beginning within 60 days of enactment of this Act [Aug.
18, 1987]. In addition to any actions the Administrator
may take as a result of such surveillance, he shall provide a report to the Committee on Interior and Insular
Affairs and the Committee on Public Works and Transportation of the United States House of Representatives and to the Committee on Energy and Natural Resources and the Committee on Commerce, Science, and
Transportation of the United States Senate. Such report is to be submitted within 30 days of completion of
the surveillance activities. Such report shall include
but not necessarily be limited to information on the
type and frequency of aircraft using the airspace over
the Boundary Waters Canoe Area Wilderness.
‘‘SEC. 5. ASSESSMENT OF NATIONAL FOREST SYSTEM WILDERNESS OVERFLIGHTS.
‘‘(a) ASSESSMENT BY FOREST SERVICE.—The Chief of
the Forest Service (hereinafter referred to as the
‘Chief’) shall conduct an assessment to determine what,
if any, adverse impacts to wilderness resources are associated with overflights of National Forest System
wilderness areas. The Administrator of the Federal
Aviation Administration shall provide technical assistance to the Chief in carrying out the assessment. Such
assessment shall apply only to overflight of wilderness

Page 34

areas and shall not apply to aircraft flights or landings
adjacent to National Forest System wilderness units.
The assessment shall not apply to any National Forest
System wilderness units in the State of Alaska.
‘‘(b) REPORT TO CONGRESS.—The Chief shall submit a
report to Congress within 2 years after enactment of
this Act [Aug. 18, 1987] containing the results of the assessments carried out under this section.
‘‘(c) AUTHORIZATION.—Effective October 1, 1987, there
are authorized to be appropriated such sums as may be
necessary to carry out the assessment under this section.
‘‘SEC. 6. CONSULTATION WITH FEDERAL AGENCIES.
‘‘In conducting the study and the assessment required by this Act, the Secretary of the Interior and
the Chief of the Forest Service shall consult with other
Federal agencies that are engaged in an analysis of the
impacts of aircraft overflights over federally-owned
land.’’

§ 1a–2. Secretary of the Interior’s authorization
of activities
In order to facilitate the administration of the
national park system, the Secretary of the Interior is authorized, under such terms and conditions as he may deem advisable, to carry out the
following activities:
(a) Transportation
Provide transportation of employees located
at isolated areas of the national park system
and to members of their families, where (1)
such areas are not adequately served by commercial transportation, and (2) such transportation is incidental to official transportation
services.
(b) Recreation
Provide recreation facilities, equipment, and
services for use by employees and their families located at isolated areas of the national
park system.
(c) Advisory committees; compensation and
travel expenses
Appoint and establish such advisory committees in regard to the functions of the National Park Service as he may deem advisable,
members of which shall receive no compensation for their services as such but who shall be
allowed necessary travel expenses as authorized by section 5703 of title 5.
(d) Park equipment purchases
Purchase field and special purpose equipment required by employees for the performance of assigned functions which shall be regarded and listed as park equipment.
(e) Services, resources, or water contracts
Enter into contracts which provide for the
sale or lease to persons, States, or their political subdivisions, of services, resources, or
water available within an area of the national
park system, as long as such activity does not
jeopardize or unduly interfere with the primary natural or historic resource of the area
involved, if such person, State, or its political
subdivision—
(1) provides public accommodations or
services within the immediate vicinity of an
area of the national park system to persons
visiting the area; and

Page 35

TITLE 16—CONSERVATION

(2) has demonstrated to the Secretary that
there are no reasonable alternatives by
which to acquire or perform the necessary
services, resources, or water.
(f) Vehicular air-conditioning
Acquire, and have installed, air-conditioning
units for any Government-owned passenger
motor vehicles used by the National Park
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.
(g) Exhibits and demonstrations; sale of products and services; contracts and cooperative arrangements; credits to appropriation
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 areas of the national park
system, to enter into contracts including cooperative arrangements with respect to such
living exhibits and interpretive demonstrations, and to credit the proceeds therefrom to
the appropriation bearing the cost of such exhibits and demonstrations. Sixty percent of
the fees paid by permittees for the privilege of
entering into Glacier Bay for the period beginning on the first full fiscal year following November 12, 1996, shall be deposited into a special account and that such funds shall be
available—
(1) to the extent determined necessary, to
acquire and preposition necessary and adequate emergency response equipment to prevent harm or the threat of harm to aquatic
park resources from permittees; and
(2) to conduct investigations to quantify
any effect of permittees’ activity on wildlife
and other natural resource values of Glacier
Bay National Park. The investigations provided for in this subsection shall be designed
to provide information of value to the Secretary, in determining any appropriate limitations on permittees’ activity in Glacier
Bay. The Secretary may not impose any additional permittee operating conditions in
the areas of air, water, and oil pollution beyond those determined and enforced by
other appropriate agencies. When competitively awarding permits to enter Glacier
Bay, the Secretary may take into account
the relative impact particular permittees
will have on park values and resources, provided that no operating conditions or limitations relating to noise abatement shall be
imposed unless the Secretary determines,
based on the weight of the evidence from all
available studies including verifiable scientific information from the investigations
provided for in this subsection, that such
limitations or conditions are necessary to
protect park values and resources. Fees paid
by certain permittees for the privilege of entering into Glacier Bay shall not exceed $5
per passenger. For the purposes of this subsection, ‘‘certain permittee’’ shall mean a
permittee which provides overnight accom-

§ 1a–2

modations for at least 500 passengers for an
itinerary of at least 3 nights, and ‘‘permittee’’ shall mean a concessionaire providing
visitor services within Glacier Bay. Nothing
in this subsection authorizes the Secretary
to require additional categories of permits
in, or otherwise increase the number of permits to enter Glacier Bay National Park.
(h) Regulations; promulgation and enforcement
Promulgate and enforce regulations concerning boating and other activities on or relating to waters located within areas of the
National Park System, including waters subject to the jurisdiction of the United States:
Provided, That any regulations adopted pursuant to this subsection shall be complementary
to, and not in derogation of, the authority of
the United States Coast Guard to regulate the
use of waters subject to the jurisdiction of the
United States.
(i) United States Park Police and other National Park Service employees; meals and
lodging
Provide meals and lodging, as the Secretary
deems appropriate, for members of the United
States Park Police and other employees of the
National Park Service, as he may designate,
serving temporarily on extended special duty
in areas of the National Park System, and for
this purpose he is authorized to use funds appropriated for the expenses of the Department
of the Interior.
(j) Cooperative research and training programs
Enter into cooperative agreements with public or private educational institutions, States,
and their political subdivisions, for the purpose of developing adequate, coordinated, cooperative research and training programs concerning the resources of the National Park
System, and, pursuant to any such agreements, to accept from and make available to
the cooperator such technical and support
staff, financial assistance for mutually agreed
upon research projects, supplies and equipment, facilities, and administrative services
relating to cooperative research units as the
Secretary deems appropriate; except that this
paragraph shall not waive any requirements
for research projects that are subject to the
Federal procurement regulations.
(k) Leases
(1) In general
Except as provided in paragraph (2) and
subject to paragraph (3), the Secretary may
enter into a lease with any person or governmental entity for the use of buildings and
associated property administered by the
Secretary as part of the National Park System.
(2) Prohibited activities
The Secretary may not use a lease under
paragraph (1) to authorize the lessee to engage in activities that are subject to authorization by the Secretary through a concessions contract, commercial use authorization, or similar instrument.

§ 1a–2

TITLE 16—CONSERVATION

(3) Use
Buildings and associated property leased
under paragraph (1)—
(A) shall be used for an activity that is
consistent with the purposes established
by law for the unit in which the building is
located;
(B) shall not result in degradation of the
purposes and values of the unit; and
(C) shall be compatible with National
Park Service programs.
(4) Rental amounts
(A) In general
With respect to a lease under paragraph
(1)—
(i) payment of fair market value rental
shall be required; and
(ii) section 1302 of title 40 shall not
apply.
(B) 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.
(C) Regulation
The Secretary shall promulgate regulations implementing this subsection that
includes provisions to encourage and facilitate competition in the leasing process
and provide for timely and adequate public
comment.
(5) Special account
(A) Deposits
Rental payments under a lease under
paragraph (1) shall be deposited in a special account in the Treasury of the United
States.
(B) Availability
Amounts in the special account shall be
available until expended, without further
appropriation, for infrastructure needs at
units of the National Park System, including—
(i) facility refurbishment;
(ii) repair and replacement;
(iii) infrastructure projects associated
with park resource protection; and
(iv) direct maintenance of the leased
buildings and associated properties.
(C) Accountability and results
The Secretary shall develop procedures
for the use of the special account that ensure accountability and demonstrated results consistent with this Act.
(l) Cooperative management agreements
(1) In general
Where a unit of the National Park System
is located adjacent to or near a State or
local park area, and cooperative management between the National Park Service and
a State or local government agency of a portion of either park will allow for more effective and efficient management of the parks,

Page 36

the Secretary 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.
The Secretary may not transfer administration responsibilities for any unit of the National Park System under this paragraph.
(2) 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.
(3) Assignment
An assignment arranged by the Secretary
under section 3372 of title 5 of a Federal,
State, or local employee for work in any
Federal, State, or local land or an extension
of such an assignment may be for any period
of time determined by the Secretary and the
State or local agency to be mutually beneficial.
(Pub. L. 91–383, § 3, Aug. 18, 1970, 84 Stat. 826;
Pub. L. 94–458, § 1, Oct. 7, 1976, 90 Stat. 1939; Pub.
L. 104–333, div. I, title VII, § 703, title VIII, § 818,
Nov. 12, 1996, 110 Stat. 4185, 4201; Pub. L. 105–391,
title VIII, § 802(a), Nov. 13, 1998, 112 Stat. 3522;
Pub. L. 106–176, title I, § 118, Mar. 10, 2000, 114
Stat. 28.)
REFERENCES IN TEXT
This Act, referred to in subsec. (k)(5)(C), means Pub.
L. 91–383, Aug. 18, 1970, 84 Stat. 825, as amended, known
as the ‘‘National Park System General Authorities
Act’’. As originally enacted, Pub. L. 91–383 contained
sections 1 to 4, the first 3 of which enacted sections 1a–1
and 1a–2 and amended sections 1b and 1c of this title.
Pub. L. 94–458 amended Pub. L. 91–383 by adding sections 5 to 12, which enacted sections 1a–3 to 1a–7,
amended sections 17j, 460n–5, 463, 470a, and 559, and repealed sections 10, 10a, 17b–1, and 415 of this title. Pub.
L. 103–322 amended Pub. L. 91–383 by adding section 13,
which enacted section 1a–7a of this title. For complete
classification of this Act to the Code, see Short Title of
1970 Amendment note set out under section 1 of this
title and Tables.
CODIFICATION
In subsec. (c), ‘‘section 5703 of title 5’’ substituted for
‘‘section 5 of the Administrative Expenses Act of 1946 (5
U.S.C. 5703)’’ on authority of Pub. L. 89–554, § 7(b), Sept.
6, 1966, 80 Stat. 631, the first section of which enacted
Title 5, Government Organization and Employees.
In subsec. (g), ‘‘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’’ substituted for ‘‘the
Federal Property and Administrative Services Act of
1949, as amended,’’ on authority of Pub. L. 107–217,
§ 5(c), Aug. 21, 2002, 116 Stat. 1303, which Act enacted
Title 40, Public Buildings, Property, and Works, and
Pub. L. 111–350, § 6(c), Jan. 4, 2011, 124 Stat. 3854, which
Act enacted Title 41, Public Contracts.
‘‘Section 1302 of title 40’’ substituted in subsec.
(k)(4)(A)(ii) for ‘‘section 321 of the Act of June 30, 1932
(47 Stat. 412, chapter 314; 40 U.S.C. 303b)’’ on authority
of Pub. L. 107–217, § 5(c), Aug. 21, 2002, 116 Stat. 1303, the
first section of which enacted Title 40, Public Buildings, Property, and Works.
AMENDMENTS
2000—Subsecs. (a) to (f). Pub. L. 106–176, § 118(2), (3),
capitalized the first letter of the first word and substituted a period for the semicolon at end.

Page 37

§ 1a–5

TITLE 16—CONSERVATION

Subsec. (g). Pub. L. 106–176, § 118(1), (2), in introductory provisions, capitalized the first letter of the first
word and substituted a period for the semicolon after
‘‘such exhibits and demonstrations’’.
Subsec. (h). Pub. L. 106–176, § 118(2), (3), capitalized
the first letter of the first word and substituted a period for the semicolon at end.
Subsec. (i). Pub. L. 106–176, § 118(2), (4), capitalized the
first letter of the first word and substituted a period for
‘‘; and’’ at end.
Subsec. (j). Pub. L. 106–176, § 118(5), realigned margins.
1998—Subsecs. (k), (l). Pub. L. 105–391 added subsecs.
(k) and (l).
1996—Subsec. (g). Pub. L. 104–333, § 703, inserted provisions relating to Glacier Bay and substituted ‘‘interpretive demonstrations’’ for ‘‘interpretive demonstrations
and park programs’’.
Subsec. (j). Pub. L. 104–333, § 818, added subsec. (j).
1976—Subsec. (e). Pub. L. 94–458, § 1(1), inserted provision requiring Secretary to consider impact on primary
natural and historic resources of an area before entering into contracts.
Subsecs. (h), (i). Pub. L. 94–458, § 1(2), added subsecs.
(h) and (i).
TRANSFER OF FUNCTIONS
For transfer of authorities, functions, personnel, and
assets of the Coast Guard, including the authorities
and functions of the Secretary of Transportation relating thereto, to the Department of Homeland Security,
and for treatment of related references, see sections
468(b), 551(d), 552(d), and 557 of Title 6, Domestic Security, and the Department of Homeland Security Reorganization Plan of November 25, 2002, as modified, set
out as a note under section 542 of Title 6.
TERMINATION OF ADVISORY COMMITTEES
Advisory committees in existence on Jan. 5, 1973, to
terminate not later than the expiration of the 2-year
period following Jan. 5, 1973, unless, in the case of a
committee established by the President or an officer of
the Federal Government, such committee is renewed by
appropriate action prior to the expiration of such 2year period, or in the case of a committee established
by the Congress, its duration is otherwise provided by
law. See section 14 of Pub. L. 92–463, Oct. 6, 1972, 86
Stat. 776, set out in the Appendix to Title 5, Government Organization and Employees.

§ 1a–3. Legislative jurisdiction; relinquishment
by Secretary; submittal of proposed agreement to Congressional committees; concurrent legislative jurisdiction
Notwithstanding any other provision of law,
the Secretary of the Interior may relinquish to
a State, or to a Commonwealth, territory, or
possession of the United States, part of the legislative jurisdiction of the United States over
National Park System lands or interests therein
in that State, Commonwealth, territory, or possession: Provided, That prior to consummating
any such relinquishment, 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, and shall not finalize such agreement until sixty calendar days
after such submission shall have elapsed. Relinquishment of legislative jurisdiction under this
section may be accomplished (1) by filing with
the Governor (or, if none exists, with the chief
executive officer) of the State, Commonwealth,
territory, or possession concerned a notice of relinquishment to take effect upon acceptance
thereof, or (2) as the laws of the State, Commonwealth, territory, or possession may otherwise

provide. The Secretary shall diligently pursue
the consummation of arrangements with each
State, Commonwealth, territory, or possession
within which a unit of the National Park System is located to the end that insofar as practicable the United States shall exercise concurrent legislative jurisdiction within units of the
National Park System.
(Pub. L. 91–383, § 6, as added Pub. L. 94–458, § 2,
Oct. 7, 1976, 90 Stat. 1939; amended Pub. L.
103–437, § 6(a)(1), Nov. 2, 1994, 108 Stat. 4583.)
AMENDMENTS
1994—Pub. L. 103–437 substituted ‘‘Committee on Energy and Natural Resources of the Senate and the Committee on Natural Resources of the House of Representatives’’ for ‘‘Committees on Interior and Insular Affairs
of the United States Congress’’.

§ 1a–4. Uniform allowance
Notwithstanding section 5901(a) of title 5, the
uniform allowance for uniformed employees of
the National Park Service may be up to $400 annually.
(Pub. L. 91–383, § 7, as added Pub. L. 94–458, § 2,
Oct. 7, 1976, 90 Stat. 1940.)
§ 1a–5. Additional areas for National Park System
(a) General authority
The Secretary of the Interior is directed to investigate, study, and continually monitor the
welfare of areas whose resources exhibit qualities of national significance and which may have
potential for inclusion in the National Park
System. 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 such submission or
initial report submission one year earlier. The
Secretary is also directed to transmit annually
to the Speaker of the House of Representatives
and to the President of the Senate, at the beginning of each fiscal year, a complete and current
list of all areas included on the Registry of Natural Landmarks and those areas of national significance listed on the National Register of Historic places 1 which areas exhibit known or anticipated damage or threats to the integrity of
their resources, along with notations as to the
nature and severity of such damage or threats.
Each report and annual listing shall be printed
as a House document: Provided, That should adequate supplies of previously printed identical reports remain available, newly submitted identical reports shall be omitted from printing
upon the receipt by the Speaker of the United
States House of Representatives of a joint letter
from the chairman of the Committee on Natural
Resources of the United States House of Representatives and the chairman of the Committee
on Energy and Natural Resources of the United
States Senate indicating such to be the case.
(b) Studies of areas for potential addition
(1) At the beginning of each calendar year,
along with the annual budget submission, the
1 So

in original. Probably should be capitalized.

§ 1a–5

TITLE 16—CONSERVATION

Secretary shall submit to the Committee on Resources of the House of Representatives and to
the Committee on Energy and Natural Resources of the United States Senate a list of
areas recommended for study for potential inclusion in the National Park System.
(2) In developing the list to be submitted
under this subsection, the Secretary shall consider—
(A) those 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 National Park
System; and
(C) public petition and Congressional resolutions.
(3) No study of the potential of an area for inclusion in the National Park System may be initiated after November 13, 1998, except as provided by specific authorization of an Act of Congress.
(4) Nothing in this Act shall limit the authority of the National Park Service to conduct preliminary resource assessments, gather data on
potential study areas, provide technical and
planning assistance, prepare or process nominations for administrative designations, update
previous studies, or complete reconnaissance
surveys of individual areas requiring a total expenditure of less than $25,000.
(5) Nothing in this section shall be construed
to apply to or to affect or alter the study of any
river segment for potential addition to the national wild and scenic rivers system or to apply
to or to affect or alter the study of any trail for
potential addition to the national trails system.
(c) Report
(1) The Secretary shall complete the study for
each area for potential inclusion in the National
Park System within 3 complete fiscal years following the date on which funds are first made
available for such purposes. 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.
(2) 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.
(3) Each study—
(A) shall consider the following factors with
regard to the area being studied—
(i) the rarity and integrity of the resources;
(ii) the threats to those resources;
(iii) similar resources are already protected in the National Park System or in
other public or private ownership;
(iv) the public use potential;
(v) the interpretive and educational potential;

Page 38

(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 National
Park 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 of the National Park Service be most effective and efficient in protecting significant resources and
providing for public enjoyment; and
(D) may include any other information
which the Secretary deems to be relevant.
(4) Each study shall be completed in compliance with the National Environmental Policy
Act of 1969 [42 U.S.C. 4321 et seq.].
(5) The letter transmitting each completed
study to Congress shall contain a recommendation regarding the Secretary’s preferred management option for the area.
(d) New area study office
The Secretary shall designate a single office
to be assigned to prepare all new area studies
and to implement other functions of this section.
(e) List of areas
At the beginning of each calendar year, along
with the annual budget submission, the Secretary shall submit to the Committee on Resources of the House of Representatives and to
the Committee on Energy and Natural Resources of the Senate a list of areas which have
been previously studied which contain primarily
historical resources, and a list of areas which
have been previously studied which contain primarily natural resources, in numerical order of
priority for addition to the National Park System. In developing the lists, the Secretary
should consider threats to resource values, cost
escalation factors, and other factors listed in
subsection (c) of this section. The Secretary
should only include on the lists areas for which
the supporting data is current and accurate.
(f) Authorization of appropriations
For the purposes of carrying out the studies
for potential new Park System units and for
monitoring the welfare of those resources, there
are authorized to be appropriated annually not
to exceed $1,000,000. For the purposes of monitoring the welfare and integrity of the national
landmarks, there are authorized to be appropriated annually not to exceed $1,500,000. For
carrying out subsections (b) through (d) of this
section there are authorized to be appropriated
$2,000,000 for each fiscal year.
(Pub. L. 91–383, § 8, as added Pub. L. 94–458, § 2,
Oct. 7, 1976, 90 Stat. 1940; amended Pub. L. 95–625,
title VI, § 604(1), Nov. 10, 1978, 92 Stat. 3518; Pub.
L. 96–199, title I, § 104, Mar. 5, 1980, 94 Stat. 68;
Pub. L. 96–344, § 8, Sept. 8, 1980, 94 Stat. 1135;

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TITLE 16—CONSERVATION

Pub. L. 103–437, § 6(b), Nov. 2, 1994, 108 Stat. 4583;
Pub. L. 104–333, div. I, title VIII, § 814(d)(1)(I),
Nov. 12, 1996, 110 Stat. 4196; Pub. L. 105–391, title
III, § 303, Nov. 13, 1998, 112 Stat. 3501.)
REFERENCES IN TEXT
This Act, referred to in subsec. (b)(4), means Pub. L.
91–383, Aug. 18, 1970, 84 Stat. 825, as amended, known as
the ‘‘National Park System General Authorities Act’’.
As originally enacted, Pub. L. 91–383 contained sections
1 to 4, the first 3 of which enacted sections 1a–1 and 1a–2
and amended sections 1b and 1c of this title. Pub. L.
94–458 amended Pub. L. 91–383 by adding sections 5 to 12,
which enacted sections 1a–3 to 1a–7, amended sections
17j, 460n–5, 463, 470a, and 559, and repealed sections 10,
10a, 17b–1, and 415 of this title. Pub. L. 103–322 amended
Pub. L. 91–383 by adding section 13, which enacted section 1a–7a of this title. For complete classification of
this Act to the Code, see Short Title of 1970 Amendment note set out under section 1 of this title and
Tables.
The National Environmental Policy Act of 1969, referred to in subsec. (c)(4), is Pub. L. 91–190, Jan. 1, 1970,
83 Stat. 852, as amended, which is classified generally
to chapter 55 (§ 4321 et seq.) of Title 42, The Public
Health and Welfare. For complete classification of this
Act to the Code, see Short Title note set out under section 4321 of Title 42 and Tables.
AMENDMENTS
1998—Subsec. (a). Pub. L. 105–391, § 303(1), (2), inserted
heading and struck out after first sentence ‘‘At the beginning of each fiscal year, the Secretary shall transmit to the Speaker of the House of Representatives and
to the President of the Senate, comprehensive reports
on each of those areas upon which studies have been
completed. Each such report shall indicate and elaborate on the theme(s) which the area represents as indicated in the National Park System Plan. On this same
date, and accompanying such reports, the Secretary
shall transmit a listing, in generally descending order
of importance or merit, of not less than twelve such
areas which appear to be of national significance and
which may have potential for inclusion in the National
Park System. Threats to resource values, and cost escalation factors shall be considered in listing the order
of importance or merit. Such listing may be comprised
of any areas heretofore submitted under terms of this
section, and which at the time of listing are not included in the National Park System.’’
Pub. L. 105–391, § 303(3), redesignated last two sentences as subsec. (f).
Subsecs. (b) to (e). Pub. L. 105–391, § 303(4), added subsecs. (b) to (e).
Subsec. (f). Pub. L. 105–391, § 303(3), (5), redesignated
last two sentences of subsec. (a) as (f), inserted heading,
and inserted at end ‘‘For carrying out subsections (b)
through (d) of this section there are authorized to be
appropriated $2,000,000 for each fiscal year.’’
1996—Subsec. (b). Pub. L. 104–333 struck out subsec.
(b) which read as follows: ‘‘The Secretary shall submit
to the Committee on Natural Resources of the United
States House of Representatives and the Committee on
Energy and Natural Resources of the United States
Senate, a comprehensive, ‘National Park System Plan’,
which document shall constitute a professional guide
for the identification of natural and historic themes of
the United States, and from which candidate areas can
be identified and selected to constitute units of the National Park System. Such plan shall be revised and updated annually.’’
1994—Subsec. (a). Pub. L. 103–437, § 6(b)(1), substituted
‘‘Natural Resources’’ for ‘‘Interior and Insular Affairs’’
after ‘‘Committee on’’.
Subsec. (b). Pub. L. 103–437, § 6(b)(2), substituted ‘‘The
Secretary shall submit to the Committee on Natural
Resources’’ for ‘‘Within six months of March 5, 1980, the
Secretary shall submit to the Committee on Interior
and Insular Affairs’’.

§ 1a–5

1980—Subsec. (a). Pub. L. 96–344 inserted provisions
requiring that each report indicate and elaborate on
the theme or themes which the area represents as indicated in the National Park System Plan and the annual
priority listing of areas be accomplished by a synopsis,
for each report previously submitted, of current and
changed conditions of the resource integrity of the area
or other relevant factors, to cover the period since the
previous such submission or initial report submission
one year earlier.
Pub. L. 96–199, § 104(a), (b), designated existing provisions as subsec. (a) and inserted provision that should
adequate supplies of previously printed identical reports remain available, newly submitted identical reports shall be omitted from printing upon the receipt
by the Speaker of the United States House of Representatives of a joint letter from the chairman of the
Committee on Interior and Insular Affairs of the
United States House of Representatives and the chairman of the Committee on Energy and Natural Resources of the United States Senate indicating such to
be the case.
Subsec. (b). Pub. L. 96–199, § 104(b), added subsec. (b).
1978—Pub. L. 95–625 authorized annual appropriations
of $1,000,000 for studies for potential new Park System
units and for monitoring the welfare of those resources
and $1,500,000 for monitoring the welfare and integrity
of the national landmarks.
COLD WAR SITES THEME STUDY
Pub. L. 111–11, title VII, § 7210, Mar. 30, 2009, 123 Stat.
1210, provided that:
‘‘(a) DEFINITIONS.—
‘‘(1) ADVISORY COMMITTEE.—The term ‘Advisory
Committee’ means the Cold War Advisory Committee
established under subsection (c).
‘‘(2) SECRETARY.—The term ‘Secretary’ means the
Secretary of the Interior.
‘‘(3) THEME STUDY.—The term ‘theme study’ means
the national historic landmark theme study conducted under subsection (b)(1).
‘‘(b) COLD WAR THEME STUDY.—
‘‘(1) IN GENERAL.—The Secretary shall conduct a national historic landmark theme study to identify
sites and resources in the United States that are significant to the Cold War.
‘‘(2) RESOURCES.—In conducting the theme study,
the Secretary shall consider—
‘‘(A) the inventory of sites and resources associated with the Cold War completed by the Secretary
of Defense under section 8120(b)(9) of the Department of Defense Appropriations Act, 1991 (Public
Law 101–511; 104 Stat. 1906); and
‘‘(B) historical studies and research of Cold War
sites and resources, including—
‘‘(i) intercontinental ballistic missiles;
‘‘(ii) flight training centers;
‘‘(iii) manufacturing facilities;
‘‘(iv) communications and command centers
(such as Cheyenne Mountain, Colorado);
‘‘(v) defensive radar networks (such as the Distant Early Warning Line);
‘‘(vi) nuclear weapons test sites (such as the Nevada test site); and
‘‘(vii) strategic and tactical aircraft.
‘‘(3) CONTENTS.—The theme study shall include—
‘‘(A) recommendations for commemorating and
interpreting sites and resources identified by the
theme study, including—
‘‘(i) sites for which studies for potential inclusion in the National Park System should be authorized;
‘‘(ii) sites for which new national historic landmarks should be nominated; and
‘‘(iii) other appropriate designations;
‘‘(B) recommendations for cooperative agreements with—
‘‘(i) State and local governments;
‘‘(ii) local historical organizations; and
‘‘(iii) other appropriate entities; and

§ 1a–5

TITLE 16—CONSERVATION

‘‘(C) an estimate of the amount required to carry
out the recommendations under subparagraphs (A)
and (B).
‘‘(4) CONSULTATION.—In conducting the theme
study, the Secretary shall consult with—
‘‘(A) the Secretary of the Air Force;
‘‘(B) State and local officials;
‘‘(C) State historic preservation offices; and
‘‘(D) other interested organizations and individuals.
‘‘(5) REPORT.—Not later than 3 years after the date
on which funds are made available to carry out this
section, 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 report that describes the findings,
conclusions, and recommendations of the theme
study.
‘‘(c) COLD WAR ADVISORY COMMITTEE.—
‘‘(1) ESTABLISHMENT.—As soon as practicable after
funds are made available to carry out this section,
the Secretary shall establish an advisory committee,
to be known as the ‘Cold War Advisory Committee’,
to assist the Secretary in carrying out this section.
‘‘(2) COMPOSITION.—The Advisory Committee shall
be composed of 9 members, to be appointed by the
Secretary, of whom—
‘‘(A) 3 shall have expertise in Cold War history;
‘‘(B) 2 shall have expertise in historic preservation;
‘‘(C) 1 shall have expertise in the history of the
United States; and
‘‘(D) 3 shall represent the general public.
‘‘(3) CHAIRPERSON.—The Advisory Committee shall
select a chairperson from among the members of the
Advisory Committee.
‘‘(4) COMPENSATION.—A member of the Advisory
Committee shall serve without compensation but
may be reimbursed by the Secretary for expenses reasonably incurred in the performance of the duties of
the Advisory Committee.
‘‘(5) MEETINGS.—On at least 3 occasions, the Secretary (or a designee) shall meet and consult with the
Advisory Committee on matters relating to the
theme study.
‘‘(d) INTERPRETIVE HANDBOOK ON THE COLD WAR.—Not
later than 4 years after the date on which funds are
made available to carry out this section, the Secretary
shall—
‘‘(1) prepare and publish an interpretive handbook
on the Cold War; and
‘‘(2) disseminate information in the theme study by
other appropriate means.
‘‘(e) AUTHORIZATION OF APPROPRIATIONS.—There are
authorized to be appropriated to carry out this section
$500,000.’’
NATIONAL PARK SERVICE STUDIES
Pub. L. 106–113, div. B, § 1000(a)(3) [title III, § 326], Nov.
29, 1999, 113 Stat. 1535, 1501A–194, provided that:
‘‘(a) SHORT TITLE.—This section may be cited as the
‘National Park Service Studies Act of 1999’.
‘‘(b) AUTHORIZATION OF STUDIES.—
‘‘(1) IN GENERAL.—The Secretary of the Interior
(‘the Secretary’) shall conduct studies of the geographical areas and historic and cultural themes described in subsection (b)(3) to determine the appropriateness of including such areas or themes in the
National Park System.
‘‘(2) CRITERIA.—In conducting the studies authorized by this Act, the Secretary shall use the criteria
for the study of areas for potential inclusion in the
National Park System in accordance with section 8 of
Public Law 91–383 [16 U.S.C. 1a–5], as amended by section 303 of the National Parks Omnibus Management
Act (Public Law 105–391; 112 Stat. 3501) [16 U.S.C.
1a–5].
‘‘(3) STUDY AREAS.—The Secretary shall conduct
studies of the following:
‘‘(A) Anderson Cottage, Washington, District of
Columbia.

Page 40

‘‘(B) Bioluminescent Bay, Puerto Rico.
‘‘(C) Civil Rights Sites, multi-State.
‘‘(D) Crossroads of the American Revolution, Central New Jersey.
‘‘(E) Fort Hunter Liggett, California.
‘‘(F) Fort King, Florida.
‘‘(G) Gaviota Coast Seashore, California.
‘‘(H) Kate Mullany House, New York.
‘‘(I) Loess Hills, Iowa.
‘‘(J) Low Country Gullah Culture, multi-State.
‘‘(K) Nan Madol, State of Ponape, Federated
States of Micronesia (upon the request of the Government of the Federated States of Micronesia).
‘‘(L) Walden Pond and Woods, Massachusetts.
‘‘(M) World War II Sites, Commonwealth of the
Northern Marianas.
‘‘(N) World War II Sites, Republic of Palau (upon
the request of the Government of the Republic of
Palau).
‘‘(c) REPORTS.—The Secretary shall submit to the
Committee on Energy and Natural Resources of the
Senate and the Committee on Resources [now Committee on Natural Resources] of the House of Representatives a report on the findings, conclusions, and recommendations of each study under subsection (b) within
three fiscal years following the date on which funds are
first made available for each study.’’
PURPOSE OF 1998 AMENDMENT
Pub. L. 105–391, title III, § 302, Nov. 13, 1998, 112 Stat.
3501, provided that: ‘‘It is the purpose of this title
[amending this section and enacting provisions set out
as a note under section 1 of this title] to reform the
process by which areas are considered for addition to
the National Park System.’’
REVOLUTIONARY WAR AND WAR OF 1812 HISTORIC
PRESERVATION STUDY
Section 603 of title VI of div. I of Pub. L. 104–333, as
amended by Pub. L. 106–176, title I, § 114, Mar. 10, 2000,
114 Stat. 27, enacted the Revolutionary War and War of
1812 Historic Preservation Study Act of 1996 which
made congressional findings as to importance of such
preservation study, defined various terms, directed
Secretary of the Interior as to preparation of, matters
to be included in, consultation with respect to, and report concerning such study, and authorized appropriations.
LOWER MISSISSIPPI DELTA REGION INITIATIVES
Pub. L. 103–433, title XI, Oct. 31, 1994, 108 Stat. 4512,
directed Secretary of the Interior, in consultation with
Delta Region States, the Lower Mississippi Delta Development Center, the Chairs of the National Endowment for the Arts and the National Endowment for the
Humanities, the Director of the Smithsonian Institution, Historically Black Colleges and Universities,
State Archaeological Surveys and Regional Archaeological Centers and other appropriate institutions, to
prepare and transmit to Congress a series of studies involving Delta Region heritage particularly development of Delta Region Corridors and Heritage and Cultural Centers, preservation of historic and prehistoric
sites and structures, Delta antiquities survey, and comprehensive historic and archaeological resources program.
BOSTON HARBOR ISLANDS STUDY
Pub. L. 102–525, title V, § 501, Oct. 26, 1992, 106 Stat.
3442, directed Secretary of the Interior to study within
one year after Oct. 26, 1992, opportunities for National
Park Service to promote conservation and use by the
public of Boston Harbor Islands, and in so doing to consult local governmental authorities, to evaluate suitability of establishing Boston Harbor Islands as unit of
National Park System, to assess tourism and public
education opportunities of management in conjunction
with nearby units of National Park System, to evaluate possible transportation links with those units, and

Page 41

TITLE 16—CONSERVATION

to submit, not later than one year after Oct. 26, 1992, a
report of findings, conclusions, and recommendations
to Congress.
NATIONAL HISTORIC LANDMARK THEME STUDY ON
AMERICAN LABOR HISTORY
Pub. L. 102–101, Aug. 17, 1991, 105 Stat. 493, directed
Secretary of the Interior, in consultation with workers,
workers’ representatives, scholars, and preservationists, and under cooperative agreements with scholarly
and public historic organizations, to prepare and transmit to Congress, within 3 years of date of funding, a
theme study to identify key sites in American labor
history, to nominate districts, sites, etc., as national
historic landmarks, to identify possible new park units,
and to prepare a list of the most appropriate sites, and
authorized appropriations of $250,000 to carry out study.
AFRICAN-AMERICAN HISTORY LANDMARK THEME STUDY
Pub. L. 102–98, Aug. 17, 1991, 105 Stat. 485, directed
Secretary of the Interior, in consultation with scholars
and preservationists, and under cooperative agreements with scholarly and public historic organizations,
to prepare and transmit to Congress, within 3 years of
date of funding, a theme study to identify key sites in
history and experience of African-Americans, to nominate districts, sites, etc. as national historic landmarks, to identify possible new park units, and to prepare a list of most appropriate sites, and authorized appropriations of $500,000 to carry out study.
NIOBRARA-BUFFALO PRAIRIE NATIONAL PARK STUDY
Pub. L. 102–50, § 8, May 24, 1991, 105 Stat. 257, directed
Secretary of the Interior to study within 18 months
after May 24, 1991, feasibility and suitability of establishing Niobrara-Buffalo Prairie National Park in Nebraska, including assessment of significance of natural,
cultural, historic, scenic, and recreational resources
and study of feasibility of managing the area by various methods, in consultation with appropriate Federal
agencies, Nature Conservancy, and Nebraska Game and
Parks Commission, and directed Secretary to submit
study to Congress, prior to repeal by Pub. L. 105–362,
title IX, § 901(g)(1), Nov. 10, 1998, 112 Stat. 3290.
UNDERGROUND RAILROAD STUDY
Pub. L. 101–628, title VI, Nov. 28, 1990, 104 Stat. 4495,
directed Secretary of the Interior to conduct a study of
alternatives for commemorating the Underground Railroad in order to preserve and protect this aspect of
American history, directed preparation of an interpretive handbook on the Underground Railroad in larger
context of American antebellum society, including history of slavery and abolitionism, and authorized establishment of Underground Railroad Advisory Committee
to meet and consult with Secretary on matters relating
to the study.
CIVIL WAR AND OTHER STUDIES
Pub. L. 101–628, title XII, §§ 1201–1210, Nov. 28, 1990, 104
Stat. 4503–4507, as amended by Pub. L. 102–166, title V,
§ 501, Nov. 21, 1991, 105 Stat. 1100, provided that title XII
of Pub. L. 101–628 could be cited as the ‘‘Civil War Sites
Study Act of 1990’’, directed Secretary of the Interior
to prepare a study of Shenandoah Valley Civil War
sites in order to obtain information on significance of
such sites, threats to their integrity, and alternatives
for their preservation, authorized establishment of
Civil War Sites Advisory Commission, directed such
Commission to prepare a study of historically significant sites other than Shenandoah Valley Civil War
sites, and directed Secretary to undertake a complete
revision of National Park Service ‘‘Thematic Framework’’ to reflect current scholarship on American history and culture, historic and prehistoric archeology,
and architecture.
REPORT TO CONGRESS ON CRITERIA FOR INCLUSION AS
AFFILIATED AREA OF NATIONAL PARK SYSTEM
Pub. L. 100–336, § 2, June 17, 1988, 102 Stat. 617, directed Secretary, in consultation with interested con-

§ 1a–5

servation, professional, and park management organizations and individuals, to prepare and submit to Committee on Interior and Insular Affairs of House of Representatives and Committee on Energy and Natural Resources of Senate a report of criteria for elements of
national significance and other factors necessary for a
proposed area to be considered appropriate for inclusion as an affiliated area of National Park System including an analysis of applicability to Wildlife Prairie
Park, this report to address responsibilities to be required of operators of an affiliated area and responsibilities of National Park Service to any such designated
area, with report to be submitted not later than two
years from June 17, 1988, and to provide recommendations by Secretary of the Interior including but not
limited to how criteria for national significance and
other factors should be made applicable to future proposed affiliated areas, when such areas are considered
by the Secretary, and any criteria or procedures for
such considerations by Congress including recommendations for legislative action.
STUDY OF HISTORICAL CAMDEN, SOUTH CAROLINA, REGARDING ESTABLISHMENT AS UNIT OF NATIONAL PARK
SYSTEM; TRANSMITTAL TO PRESIDENT AND CONGRESSIONAL COMMITTEES
Pub. L. 95–629, title IV, § 401, Nov. 10, 1978, 92 Stat.
3640, directed Secretary of the Interior to prepare and
transmit to President, Committee on Interior and Insular Affairs of House of Representatives, and Committee
on Energy and Natural Resources of Senate a study of
Historical Camden, consisting of approximately ninety
acres of land in Camden, South Carolina, to determine
feasibility and desirability of establishing such area as
a unit of the National Park System, with study to be
transmitted not later than two years following date on
which funds are appropriated for study and to include
cost estimates for any necessary acquisition, development, operation and maintenance, as well as any alternatives for administration and protection of area.
CROW CREEK VILLAGE ARCHEOLOGICAL SITE, SOUTH DAKOTA; FEASIBILITY/SUITABILITY STUDY; TRANSMITTAL
TO CONGRESSIONAL COMMITTEES; COST ESTIMATES;
SITE PRESERVATION
Section 512 of Pub. L. 95–625 directed Secretary to
prepare and transmit to Committee on Energy and Natural Resources of Senate and Committee on Interior
and Insular Affairs of House of Representatives within
two years from Nov. 10, 1978, a feasibility/suitability
study of Crow Creek Village archeological site, Buffalo
County, South Dakota, as a unit of National Park System, including cost estimates for any necessary acquisition, development, operation and maintenance, as
well as any feasible alternatives for administration and
protection of area, including, but not limited to, Federal financial and technical assistance to State of
South Dakota, Buffalo County or other suitable entity,
and directed Secretary of the Army to take such actions as may be necessary to preserve and protect such
site from any adverse impact on site and to refrain
from any activities which might cause such impact
until two years from date of submission of study by
Secretary.
RIDGELANDS AREA STUDY; CONSULTATION AND COORDINATION; REPORT TO PRESIDENT AND CONGRESS; AUTHORIZATION OF APPROPRIATIONS
Section 602 of Pub. L. 95–625 directed Secretary to
study feasibility and desirability of establishing Ridgelands area east of San Francisco Bay as a unit of National Park System, to consult with other Federal,
State, and local agencies in conduct of this study, to
coordinate this study with applicable local and State
plans and planning activities relating to Ridgelands,
and to report findings and recommendations to Presi-

§ 1a–6

TITLE 16—CONSERVATION

dent and Congress not later than one year after Nov. 10,
1978.
OAK CREEK CANYON, YAVAPAI, SOLDIERS WASH-MORMON CANYON, AND CHIRICAHUA NATIONAL MONUMENT,
ARIZONA; STUDIES BY SECRETARIES OF THE INTERIOR
AND AGRICULTURE
Section 605 of Pub. L. 95–625 directed Secretary, in cooperation with Secretary of Agriculture where national
forest lands are involved, to conduct a study to determine suitable boundaries for Oak Creek Canyon,
Yavapai, Soldiers Wash-Mormon Canyon areas in Arizona as a unit or units of National Park System, and
to conduct a study of boundary of Chiricahua National
Monument, Arizona, to determine appropriate location
of a boundary line for additions to monument, with
both reports to be submitted by Secretary to Committee on Interior and Insular Affairs of House of Representatives and Committee on Energy and Natural Resources of Senate not later than one year following
date on which funds are appropriated for purpose of
study.
IRVINE COAST-LAGUNA, CALIFORNIA STUDY
Section 608 of Pub. L. 95–625 directed Secretary to
study feasibility and desirability of establishing Irvine
Coast-Laguna beach area as a unit of National Park
System, to consult with other Federal, State, and local
agencies in conduct of this study, and to report findings and recommendations to President and Congress
within six months after Nov. 10, 1978.

§ 1a–6. Law enforcement personnel within National Park System
(a) Omitted
(b) Designation authority of Secretary; powers
and duties of designees
In addition to any other authority conferred
by law, the Secretary of the Interior is authorized to designate, pursuant to standards prescribed in regulations by the Secretary, certain
officers or employees of the Department of the
Interior who shall maintain law and order and
protect persons and property within areas of the
National Park System. In the performance of
such duties, the officers or employees, so designated, may—
(1) carry firearms and make arrests without
warrant for any offense against the United
States committed in his presence, or for any
felony cognizable under the laws of the United
States if he has reasonable grounds to believe
that the person to be arrested has committed
or is committing such felony, provided such
arrests occur within that system or the person
to be arrested is fleeing therefrom to avoid arrest;
(2) 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 pursuant to law arising out of an offense committed
in that system or, where the person subject to
the warrant or process is in that system, in
connection with any Federal offense; and
(3) conduct investigations of offenses against
the United States committed in that system
in the absence of investigation thereof by any
other Federal law enforcement agency having
investigative jurisdiction over the offense
committed or with the concurrence of such
other agency.

Page 42

(c) Supplemental special policemen; designation
authority of Secretary; cooperation with
State officials in enforcement of State law;
reimbursement to State; concurrent jurisdiction; delegation of enforcement responsibilities
The Secretary of the Interior is hereby authorized to—
(1) designate officers and employees of any
other Federal agency or law enforcement personnel of any State or political subdivision
thereof, when deemed economical and in the
public interest and with the concurrence of
that agency or that State or subdivision, to
act as special policemen in areas of the National Park System when supplemental law
enforcement personnel may be needed, and to
exercise the powers and authority provided by
paragraphs (1), (2), and (3) of subsection (b) of
this section;
(2) cooperate, within the National Park System, with any State or political subdivision
thereof in the enforcement of supervision of
the laws or ordinances of that State or subdivision;
(3) mutually waive, in any agreement pursuant to paragraphs (1) and (2) of this subsection
or pursuant to subsection (b)(1) of this section
with any State or political subdivision thereof
where State law requires such waiver and indemnification, any and all civil claims against
all the other parties thereto and, subject to
available appropriations, indemnify and save
harmless the other parties to such agreement
from all claims by third parties for property
damage or personal injury, which may arise
out of the parties’ activities outside their respective jurisdictions under such agreement;
and
(4) provide limited reimbursement, to a
State or its political subdivisions, in accordance with such regulations as he 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 that system which were rendered pursuant to paragraph (1) of this subsection.
The authorities provided by this subsection
shall supplement the law enforcement responsibilities of the National Park Service, and shall
not authorize the delegation of law enforcement
responsibilities of the agency to State and local
governments.
(d) Special policemen not deemed Federal employees; exceptions
(1) Except as otherwise provided in this subsection, a law enforcement officer of any State
or political subdivision thereof designated to act
as a special policeman under subsection (c) of
this section shall not be deemed a Federal employee and shall not be subject to the provisions
of law relating to Federal employment, including, but not limited to, those relating to hours
of work, rates of compensation, leave, unemployment compensation, and Federal benefits.
(2) For purposes of the tort claim provisions of
title 28, a law enforcement officer of any State
or political subdivision thereof shall, when acting as a special policeman under subsection (c)

Page 43

§ 1a–7

TITLE 16—CONSERVATION

of this section, be considered a Federal employee.
(3) For purposes of subchapter I of chapter 81
of title 5, relating to compensation to Federal
employees for work injuries, a law enforcement
officer of any State or political subdivision
thereof shall, when acting as a special policeman under subsection (c) of this section be
deemed a civil service employee of the United
States within the meaning of the term ‘‘employee’’ as defined in section 8101 of title 5, and
the provisions of that subchapter shall apply.
(e) Federal investigative jurisdiction and State
civil and criminal jurisdiction not preempted
within National Park System
Nothing contained in this Act shall be construed or applied to limit or restrict the investigative jurisdiction of any Federal law enforcement agency other than the National Park Service, and nothing shall be construed or applied to
affect any right of a State or a political subdivision thereof to exercise civil and criminal jurisdiction within the National Park System.
(Pub. L. 91–383, § 10, as added Pub. L. 94–458, § 2,
Oct. 7, 1976, 90 Stat. 1941; amended Pub. L.
106–437, § 2, Nov. 6, 2000, 114 Stat. 1920; Pub. L.
108–352, § 11, Oct. 21, 2004, 118 Stat. 1397.)
REFERENCES IN TEXT
This Act, referred to in subsec. (e), is Pub. L. 91–383,
Aug. 18, 1970, 84 Stat. 825, as amended, known as the
‘‘National Park System General Authorities Act’’. As
originally enacted, Pub. L. 91–383 contained sections 1
to 4, the first 3 of which enacted sections 1a–1 and 1a–2
and amended sections 1b and 1c of this title. Pub. L.
94–458 amended Pub. L. 91–383 by adding sections 5 to 12,
which enacted sections 1a–3 to 1a–7, amended sections
17j, 460n–5, 463, 470a, and 559, and repealed sections 10,
10a, 17b–1, and 415 of this title. Pub. L. 103–322 amended
Pub. L. 91–383 by adding section 13, which enacted section 1a–7a of this title. For complete classification of
this Act to the Code, see Short Title of 1970 Amendment note set out under section 1 of this title and
Tables.
CODIFICATION
Section is comprised of section 10 of Pub. L. 91–383, as
added. Subsec. (a) of section 10 of Pub. L. 91–383 amended sections 460n–5 and 559 of this title and repealed sections 10, 10a, and 415 of this title.
AMENDMENTS
2004—Subsec. (c). Pub. L. 108–352 made technical
amendment to directory language of Pub. L. 106–437, § 2.
See 2000 Amendment note below.
2000—Subsec. (c). Pub. L. 106–437, § 2, as amended by
Pub. L. 108–352, struck out ‘‘and’’ at end of par. (2),
added par. (3), redesignated former pars. (3) and (4) as
(4) and (5), respectively, and in par. (5) substituted
‘‘The’’ for ‘‘(5) the’’ and aligned left margin with introductory provisions.

§ 1a–7. National Park System development program
(a) Omitted
(b) General management plans; preparation and
revision by Director of National Park Service; list to Congress; contents
General management plans for the preservation and use of each unit of the National Park
System, including areas within the national
capital area, shall be prepared and revised in a

timely manner by the Director of the National
Park Service. On January 1 of each year, the
Secretary shall submit to the Congress a list indicating the current status of completion or revision of general management plans for each
unit of the National Park System. General management plans for each unit shall include, but
not be limited to:
(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 unit; and
(4) indications of potential modifications to
the external boundaries of the unit, and the
reasons therefor.
(Pub. L. 91–383, § 12, as added Pub. L. 94–458, § 2,
Oct. 7, 1976, 90 Stat. 1942; amended Pub. L. 95–625,
title VI, § 604(3), (4), Nov. 10, 1978, 92 Stat. 3518,
3519; Pub. L. 103–437, § 6(c), Nov. 2, 1994, 108 Stat.
4583; Pub. L. 105–391, title IV, § 415(b)(2), Nov. 13,
1998, 112 Stat. 3515.)
CODIFICATION
Subsection (a), which required the Secretary of the
Interior to transmit to the Committee on Energy and
Natural Resources of the Senate and the Committee on
Natural Resources of the House of Representatives a
detailed program for the development of facilities,
structures, or buildings for each unit of the National
Park System consistent with the general management
plans required in subsection (b) of this section, terminated, effective May 15, 2000, pursuant to section 3003 of
Pub. L. 104–66, as amended, set out as a note under section 1113 of Title 31, Money and Finance. See, also, page
110 of House Document No. 103–7.
AMENDMENTS
1998—Subsec. (c). Pub. L. 105–391 struck out subsec.
(c) which read as follows: ‘‘The Secretary of the Interior shall hereafter transmit to the Committee on Energy and Natural Resources of the Senate and the Committee on Natural Resources of the House of Representatives all proposed awards of concession leases and contracts involving a gross annual business of $100,000 or
more, or of five years or more in duration (including renewals thereof), and all proposed rules and regulations
relating thereto, sixty days before such awards are
made or such rules and regulations are promulgated.’’
1994—Subsecs. (a), (c). Pub. L. 103–437 substituted
‘‘Committee on Energy and Natural Resources of the
Senate and the Committee on Natural Resources of the
House of Representatives’’ for ‘‘Committees on Interior
and Insular Affairs’’.
1978—Subsec. (b). Pub. L. 95–625, § 604(3), in revising
text, substituted provisions for preservation and use of
units of the National Park Service for prior provision
for development of the units and for submission of an
annual list to Congress on January 1 for prior provision
for transmission of the plans to the Committees on Interior and Insular Affairs, provided for revision of the
plans in a timely manner, inserted items (1) to (4) and
struck out prior items covering (1) the facilities which
the Director found necessary to accommodate the
health, safety, and recreation needs of the visiting public, including provision of appropriate facilities under
Act Oct. 9, 1965, 79 Stat. 969 [Pub. L. 89–249]; (2) the location and estimated cost of all the facilities; and (3)

§ 1a–7a

TITLE 16—CONSERVATION

the projected need for any additional facilities required
for the unit.
Subsec. (c). Pub. L. 95–625, § 604(4), substituted ‘‘or of
five years or more’’ for ‘‘or exceeding five years’’.
TERMINATION OF REPORTING REQUIREMENTS
For termination, effective May 15, 2000, of provisions
in subsec. (b) of this section relating to submitting to
Congress, on January 1 each year, a list indicating the
current status of general management plans, see section 3003 of Pub. L. 104–66, as amended, set out as a note
under section 1113 of Title 31, Money and Finance, and
page 110 of House Document No. 103–7.

§ 1a–7a. National Park System crime prevention
assistance
(a) Availability of funds
There are authorized to be appropriated out of
the Violent Crime Reduction Trust Fund, not to
exceed $10,000,000, for the Secretary of the Interior to take all necessary actions to seek to reduce the incidence of violent crime in the National Park System.
(b) Recommendations for improvement
The Secretary shall direct the chief official responsible for law enforcement within the National Park Service to—
(1) compile a list of areas within the National Park System with the highest rates of
violent crime;
(2) make recommendations concerning capital improvements, and other measures, needed within the National Park 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.
(c) Distribution of funds
Based on the recommendations and list issued
pursuant to subsection (b) of this section, the
Secretary shall distribute the funds authorized
by subsection (a) of this section throughout the
National Park System. Priority shall be given
to those areas with the highest rates of sexual
assault.
(d) Use of funds
Funds provided under this section may be
used—
(1) to increase lighting within or adjacent to
National Park System units;
(2) to provide emergency phone lines to contact law enforcement or security personnel in
areas within or adjacent to National Park System units;
(3) to increase security or law enforcement
personnel within or adjacent to National Park
System units; or
(4) for any other project intended to increase
the security and safety of National Park System units.
(Pub. L. 91–383, § 13, as added Pub. L. 103–322,
title IV, § 40132, Sept. 13, 1994, 108 Stat. 1917.)
§ 1a–7b. Protecting Americans from violent crime
(a) Congressional findings
Congress finds the following:
(1) The Second Amendment to the Constitution provides that ‘‘the right of the people to
keep and bear Arms, shall not be infringed’’.

Page 44

(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) 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.
(4) The regulations described in paragraphs
(2) and (3) prevent individuals complying with
Federal and State laws from exercising the
second amendment rights of the individuals
while at units of—
(A) the National Park System; and
(B) the National Wildlife Refuge System.
(5) The existence of different laws relating to
the transportation and possession of firearms
at different units of the National Park System
and the National Wildlife Refuge System entrapped law-abiding gun owners while at units
of the National Park System and the National
Wildlife Refuge System.
(6) Although the Bush administration issued
new regulations relating to the Second
Amendment rights of law-abiding citizens in
units of the National Park System and 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 administration; and
(ii) may be altered.
(7) Congress needs to weigh in on the new
regulations to ensure that unelected bureaucrats and judges cannot again override the
Second Amendment rights of law-abiding citizens on 83,600,000 acres of National Park System land and 90,790,000 acres of land under the
jurisdiction of the United States Fish and
Wildlife Service.
(8) The Federal laws should make it clear
that the second amendment rights of an individual at a unit of the National Park System
or the National Wildlife Refuge System should
not be infringed.
(b) Protecting the right of individuals to bear
arms in units of the National Park System
and the National Wildlife Refuge System
The Secretary of the Interior 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 Park System or 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

Page 45

§ 1a–11

TITLE 16—CONSERVATION

unit of the National Park System or the National Wildlife Refuge System is located.
(Pub. L. 111–24, title V, § 512, May 22, 2009, 123
Stat. 1764.)
EFFECTIVE DATE
Section effective nine months after May 22, 2009, except as otherwise specifically provided, see section 3 of
Pub. L. 111–24, set out as an Effective Date of 2009
Amendment note under section 1602 of Title 15, Commerce and Trade.

§ 1a–8. Maintenance management system
(a) Implementation and elements
Beginning in fiscal year 1985, the National
Park Service shall implement a maintenance
management system into the maintenance and
operations programs of the National Park System. For purposes of this section the term
‘‘maintenance management system’’ means a
system that contains but is not limited to the
following elements:
(1) a work load inventory of assets including
detailed information that quantifies for all assets (including but not limited to 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 unit of the National Park System;
(3) a description of work standards including
frequency of maintenance, measurable quality
standard to which assets should be maintained, methods for accomplishing work, required labor, equipment and material resources, and expected worker production for
each maintenance task;
(4) a work program and performance budget
which develops an annual work plan identifying maintenance needs and financial resources
to be devoted to each maintenance task;
(5) a work schedule which 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 which can
be used to record actual labor and material
costs; and
(7) reports and special analyses which compare planned versus actual accomplishments
and costs and can be used to evaluate maintenance operations.
(b) Repealed. Pub. L. 104–333, div. I, title VIII,
§ 814(d)(1)(F), Nov. 12, 1996, 110 Stat. 4196
(Pub. L. 98–540, § 4, Oct. 24, 1984, 98 Stat. 2719;
Pub. L. 103–437, § 6(d)(1), Nov. 2, 1994, 108 Stat.
4583; Pub. L. 104–333, div. I, title VIII,
§ 814(d)(1)(F), Nov. 12, 1996, 110 Stat. 4196.)
AMENDMENTS
1996—Subsec. (b). Pub. L. 104–333 struck out subsec.
(b) which read as follows:
‘‘The National Park Service shall transmit to the
Committee on Natural Resources of the House of Representatives and the Committee on Energy and Natural
Resources of the United States Senate, at the end of
each fiscal year, a copy of a report summarizing the
status of implementation of a maintenance management system until such a system has been implemented.

‘‘The report shall incorporate the following information:
‘‘(1) the number of units in the National Park System that have implemented a maintenance management system during the period;
‘‘(2) contract costs versus management efficiencies
achieved;
‘‘(3) the total amount of dollars spent on contracts
for services; and
‘‘(4) estimation of the total value of benefits
achieved through greater management efficiency.’’
1994—Subsec. (b). Pub. L. 103–437 in introductory provisions substituted ‘‘Natural Resources’’ for ‘‘Interior
and Insular Affairs’’ after ‘‘Committee on’’.

§ 1a–9. Periodic review of National Park System
The Secretary of the Interior (hereafter in sections 1a–9 to 1a–13 of this title referred to as the
‘‘Secretary’’) is authorized and directed to conduct a systematic and comprehensive review of
certain aspects of the National Park System and
to submit on a periodic basis but not later than
every 3 years a report to the Committee on Natural Resources and the Committee on Appropriations of the United States House of Representatives and the Committee on Energy and
Natural Resources and the Committee on Appropriations of the United States Senate on the
findings of such review, together with such recommendations as the Secretary determines necessary. The first report shall be submitted no
later than 3 years after November 28, 1990.
(Pub. L. 101–628, title XII, § 1213, Nov. 28, 1990, 104
Stat. 4507; Pub. L. 103–437, § 6(d)(2), Nov. 2, 1994,
108 Stat. 4583.)
REFERENCES IN TEXT
Sections 1a–9 to 1a–13 of this title, referred to in text,
was in the original ‘‘this title’’, meaning title XII of
Pub. L. 101–628, Nov. 28, 1990, 104 Stat. 4503, which enacted sections 1a–9 to 1a–13 of this title, amended section 463 of this title, and enacted provisions set out as
a note under section 1a–5 of this title. For complete
classification of title XII to the Code, see Tables.
AMENDMENTS
1994—Pub. L. 103–437 substituted ‘‘Natural Resources’’
for ‘‘Interior and Insular Affairs’’ after ‘‘Committee
on’’.

§ 1a–10. Consultation with affected agencies and
organizations
In conducting and preparing the report referred to in section 1a–9 of this title, the Secretary shall consult with appropriate officials of
affected Federal, State and local agencies, together with national, regional, and local organizations, including but not limited to holding
such public hearings as the Secretary determines to be appropriate to provide a full opportunity for public comment.
(Pub. L. 101–628, title XII, § 1214, Nov. 28, 1990, 104
Stat. 4508.)
REFERENCES IN TEXT
Section 1a–9 of this title, referred to in text, was in
the original ‘‘section 1’’, and was translated as reading
‘‘section 1213’’, meaning section 1213 of Pub. L. 101–628,
title XII, Nov. 28, 1990, 104 Stat. 4507, which enacted section 1a–9 relating to submission of reports, as the probable intent of Congress.

§ 1a–11. Contents of report
The report shall contain—

§ 1a–12

TITLE 16—CONSERVATION

(a) A comprehensive listing of all authorized
but unacquired lands within the exterior
boundaries of each unit of the National Park
System as of November 28, 1990.
(b) A priority listing of all such unacquired
parcels by individual park unit and for the National Park 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 such lands), and the basis
for such estimate.
(c) An analysis and evaluation of the current
and future needs of each unit of the National
Park System for resource management, interpretation, construction, operation and maintenance, personnel, housing, together with an
estimate of the costs thereof.
(Pub. L. 101–628, title XII, § 1215, Nov. 28, 1990, 104
Stat. 4508.)
§ 1a–12. Evaluation
changes

of

proposed

boundary

Within one year after November 28, 1990, the
Secretary shall develop criteria to evaluate any
proposed changes to the existing boundaries of
individual park units including—
(a) analysis of whether or not the existing
boundary provides for the adequate protection
and preservation of the natural, historic, cultural, scenic and recreational resources integral to the unit;
(b) an evaluation of each parcel proposed for
addition or deletion to the unit based on the
analysis under paragraph (1); 1
(c) an assessment of the impact of potential
boundary adjustments taking into consideration the factors in paragraph (c) 2 as well as
the effect of the adjustments on the local communities and surrounding area.
(Pub. L. 101–628, title XII, § 1216, Nov. 28, 1990, 104
Stat. 4508.)
§ 1a–13. Proposals for boundary changes
In proposing any boundary change after November 28, 1990, the Secretary shall—
(a) consult with affected agencies of State
and local governments 1 surrounding communities, affected landowners and private national, regional, and local organizations;
(b) apply the criteria developed pursuant to
section 1a–12 of this title and accompany this
proposal with a statement reflecting the results of the application of such criteria;
(c) include with such proposal an estimate of
the cost for acquisition of any parcels proposed for acquisition together with 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 lands for such unit and for the National
Park System.
(Pub. L. 101–628, title XII, § 1217, Nov. 28, 1990, 104
Stat. 4508.)
1 So

in original. Probably should be paragraph ‘‘(a);’’.
in original.
1 So in original. Probably should be followed by a comma.
2 So

Page 46

§ 1a–14. National Park System advisory committees
(a) Charter
The provisions of section 14(b) of the Federal
Advisory Committee Act (5 U.S.C. Appendix; 86
Stat. 776) are hereby waived with respect to any
advisory commission or advisory committee established by law in connection with any national park system unit during the period such
advisory commission or advisory committee is
authorized by law.
(b) Members
In the case of any advisory commission or advisory committee established in connection with
any national park system unit, any member of
such Commission or Committee may serve after
the expiration of his or her term until a successor is appointed.
(Pub. L. 102–525, title III, § 301, Oct. 26, 1992, 106
Stat. 3441.)
REFERENCES IN TEXT
Section 14(b) of the Federal Advisory Committee Act,
referred to in subsec. (a), is section 14(b) of Pub. L.
92–463, which is set out in the Appendix to Title 5, Government Organization and Employees.

§ 1b. Secretary of the Interior’s authorization of
additional activities; administration of National Park System
In order to facilitate the administration of the
National Park System, the Secretary of the Interior is authorized to carry out the following
activities, and he may use applicable appropriations for the aforesaid system for the following
purposes:
(1) Emergency assistance
Rendering of emergency rescue, fire fighting, and cooperative assistance to nearby law
enforcement and fire prevention agencies and
for related purposes outside of the National
Park System.
(2) Utility facilities; erection and maintenance
The erection and maintenance of fire protection facilities, water lines, telephone lines,
electric lines, and other utility facilities adjacent to any area of the said National Park
System, where necessary, to provide service in
such area.
(3) Transportation of employees of Carlsbad
Caverns National Park; rates
Transportation to and from work, outside of
regular working hours, of employees of Carlsbad Caverns National Park, residing in or near
the city of Carlsbad, New Mexico, such transportation to be between the park and the city,
or intervening points, at reasonable rates to
be determined by the Secretary of the Interior
taking into consideration, among other factors, comparable rates charged by transportation companies in the locality for similar
services, the amounts collected for such transportation to be credited to the appropriation
current at the time payment is received: Provided, That if adequate transportation facilities are available, or shall be available by any
common carrier, at reasonable rates, then and

Page 47

§ 1c

TITLE 16—CONSERVATION

in that event the facilities contemplated by
this paragraph shall not be offered.
(4) Utility services for concessioners; reimbursement
Furnishing, on a reimbursement of appropriation basis, all types of utility services to
concessioners, contractors, permittees, or
other users of such services, within the National Park System: Provided, That reimbursements for cost of such utility services may be
credited to the appropriation current at the
time reimbursements are received.
(5) Supplies and rental of equipment; reimbursement
Furnishing, on a reimbursement of appropriation basis, supplies, and the rental of
equipment to persons and agencies that in cooperation with, and subject to the approval of,
the Secretary of the Interior, render services
or perform functions that facilitate or supplement the activities of the Department of the
Interior in the administration of the National
Park System: Provided, That reimbursements
hereunder may be credited to the appropriation current at the time reimbursements are
received.
(6) Contracts for utility facilities
Contracting, under such terms and conditions as the said 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 National Park System, regardless of
whether such lines and facilities are located
within or outside said system and areas.
(7) Rights-of-way
Acquiring such rights-of-way as may be necessary to construct, improve, and maintain
roads within the authorized boundaries of any
area of said National Park System and the acquisition also of land and interests in land adjacent to such rights-of-way, when deemed
necessary by the Secretary, to provide adequate protection of natural features or to
avoid traffic and other hazards resulting from
private road access connections, or when the
acquisition of adjacent residual tracts, which
otherwise would remain after acquiring such
rights-of-way, would be in the public interest.
(8) Operation and maintenance of motor and
other equipment; rent of equipment; reimbursement
The operation, repair, maintenance, and replacement of motor and other equipment on a
reimbursable basis when such equipment is
used on Federal projects of the said National
Park System, chargeable to other appropriations, or on work of other Federal agencies,
when requested by such agencies. Reimbursement shall be 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 credited to appropriations currently available at

the time adjustment is effected, and the Secretary may also 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 said National Park System and other
areas in fire control, such rental to be under
the terms of written cooperative agreements,
the amount collected for such rentals to be
credited to appropriations currently available
at the time payment is received.
(Aug. 8, 1953, ch. 384, § 1, 67 Stat. 495; Pub. L.
91–383, § 2(a), Aug. 18, 1970, 84 Stat. 826.)
AMENDMENTS
1970—Pub. L. 91–383 struck out ‘‘and miscellaneous
areas administered in connection therewith’’ after ‘‘National Park System’’ and ‘‘and miscellaneous areas’’
after ‘‘aforesaid system’’ in introductory text and ‘‘National Park System’’ in pars. (1), (2), (4) to (7), and (8)
where first appearing.

§ 1c. General administration provisions; system
defined; particular areas
(a) ‘‘National park system’’ defined
The ‘‘national park system’’ shall include any
area of land and water now or hereafter administered by the Secretary of the Interior through
the National Park Service for park, monument,
historic, parkway, recreational, or other purposes.
(b) Specific provisions applicable to area; uniform application of sections 1b to 1d and
other provisions of this title to all areas
when not in conflict with specific provisions;
references in other provisions to national
parks, monuments, recreation areas, historic
monuments, or parkways not a limitation of
such other provisions to those areas
Each area within the national park system
shall be administered in accordance with the
provisions of any statute made specifically applicable to that area. In addition, the provisions
of sections 1b to 1d of this title, and the various
authorities relating to the administration and
protection of areas under the administration of
the Secretary of the Interior through the National Park Service, including but not limited
to the Act of August 25, 1916 (39 Stat. 535), as
amended [16 U.S.C. 1, 2, 3, and 4], the Act of
March 4, 1911 (36 Stat. 1253), as amended (16
U.S.C. 5) relating to rights-of-way, the Act of
June 5, 1920 (41 Stat. 917), as amended (16 U.S.C.
6), relating to donation of land and money, sections 1, 4, 5, and 6 of the Act of April 9, 1924 (43
Stat. 90), as amended (16 U.S.C. 8 and 8a–8c), relating to roads and trails, the Act of March 4,
1931 (46 Stat. 1570; 16 U.S.C. 8d), relating to approach roads to national monuments, the Act of
June 3, 1948 (62 Stat. 334), as amended (16 U.S.C.
8e–8f), relating to conveyance of roads to States,
the Act of August 31, 1954 (68 Stat. 1037), as
amended (16 U.S.C. 452a), relating to acquisitions of inholdings, section 1 of the Act of July
3, 1926 (44 Stat. 900), as amended (16 U.S.C. 12),
relating to aid to visitors in emergencies, the
Act of March 3, 1905 (33 Stat. 873; 16 U.S.C. 10),
relating to arrests, sections 3, 4, 5, and 6 of the
Act of May 26, 1930 (46 Stat. 381), as amended (16
U.S.C. 17b, 17c, 17d, and 17e), relating to services

§ 1d

TITLE 16—CONSERVATION

or other accommodations for the public, emergency supplies and services to concessioners, acceptability of travelers checks, care and removal of indigents, the Act of October 9, 1965 (79
Stat. 696; 16 U.S.C. 20–20g),1 relating to concessions, the Land and Water Conservation Fund
Act of 1965, as amended [16 U.S.C. 460l–4 et seq.],
and the Act of July 15, 1968 (82 Stat. 355), shall
to the extent such provisions are not in conflict
with any such specific provision, be applicable
to all areas within the national park system and
any reference in such Act to national parks,
monuments, recreation areas, historic monuments, or parkways shall hereinafter not be construed as limiting such Acts to those areas.
(Aug. 8, 1953, ch. 384, § 2, 67 Stat. 496; Pub. L.
91–383, § 2(b), Aug. 18, 1970, 84 Stat. 826.)
REFERENCES IN TEXT
Act of October 9, 1965, referred to in subsec. (b), is
Pub. L. 89–249, Oct. 9, 1965, 79 Stat. 969, known as the
National Park System Concessions Policy Act, which
was classified generally to subchapter IV (§ 20 et seq.) of
this chapter, prior to repeal by Pub. L. 105–391, title IV,
§ 415(a), Nov. 13, 1998, 112 Stat. 3515.
Act of March 3, 1905 (33 Stat. 873; 16 U.S.C. 10), referred to in subsec. (b), related to arrests by National
Park Service personnel in the national forests and national parks. Provisions of that Act that related to arrests by Forest Service personnel in the national forest
and national parks are classified to section 559 of this
title. Section 10(a)(2) of Pub. L. 91–383, as added by Pub.
L. 94–458, § 2, Oct. 7, 1976, 90 Stat. 1941, amended the 1905
Act by striking out references to the National Park
Service and the national parks, and had the effect of repealing those provisions of the 1905 Act that were classified to section 10 of this title. Provisions relating to
law and order within areas of the National Park System are covered by section 1a–6 of this title.
Section 17d of this title, referred to in subsec. (b), was
omitted from the Code as obsolete.
The Land and Water Conservation Fund Act of 1965,
referred to in subsec. (b), is Pub. L. 88–578, Sept. 3, 1964,
78 Stat. 897, as amended, which is classified generally
to part B (§ 460l–4 et seq.) of subchapter LXIX of chapter
1 of this title. For complete classification of this Act to
the Code, see Short Title note set out under section
460l–4 of this title and Tables.
Act of July 15, 1968 (82 Stat. 355), referred to in subsec. (b), is Pub. L. 90–401, which enacted sections
460l–10a to 460l–10c and 460l–22 of this title, amended section 460l–5, 460l–7, and 460l–9 of this title, and enacted
provisions set out as notes under section 460l–5 of this
title. For complete classification of this Act to the
Code, see Tables.
AMENDMENTS
1970—Subsec. (a). Pub. L. 91–383, in redefining the national park system, substituted provision for inclusion
of any area of land and water now or hereafter administered by the Secretary of the Interior through the National Park Service for park, monument, historic,
parkway, recreational, or other purposes for prior provision defining such system to mean all federally
owned or controlled lands administered under direction
of Secretary of the Interior under sections 1, 2, 3, and
4 of this title and grouped in the following descriptive
categories: (1) National parks, (2) national monuments,
(3) national historic parks, (4) national memorials, (5)
national parkways, and (6) national capital parks.
Subsec. (b). Pub. L. 91–383 substituted provisions
making specific provisions applicable to an area of the
national park system, for uniform application of au1 So

in original. Statutes at Large citation probably should be
‘‘79 Stat. 969’’. See References in Text note below.

Page 48

thorities, and prohibiting construction of references in
other provisions to national parks, monuments, recreation areas, historic monuments or parkways as limitation of such other provisions to those areas, for prior
definition of ‘‘miscellaneous areas’’ as including lands
under administrative jurisdiction of another Federal
agency, or privately owned lands, and over which National Park Service, under direction of Secretary of the
Interior, exercises supervision for recreational, historical, or other related purposes, and lands under care and
custody of such Service other than those herein described.

§ 1d. Appropriations
On and after August 8, 1953, applicable appropriations of the National Park Service shall be
available for the objects and purposes specified
in section 17j–2 of this title.
(Aug. 8, 1953, ch. 384, § 3, 67 Stat. 496.)
§ 1e. National Capital region arts and cultural affairs; grant program
There is hereby established under the direction of the National Park Service a program to
support and enhance artistic and cultural activities in the National Capital region. Eligibility
for grants shall be limited to organizations of
demonstrated national significance which meet
at least two of the additional following criteria:
(1) an annual operating budget in excess of
$1,000,000;
(2) an annual audience or visitation of at
least 200,000 people;
(3) a paid staff of at least one hundred persons; or
(4) eligibility under the Historic Sites Act of
1935 (16 U.S.C. 462(e)).
Public or private colleges and universities are
not eligible for grants under this program.
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.
The Director of the National Park Service
shall establish an application process, appoint a
review panel of five qualified persons, at least a
majority of whom reside in the National Capital
region, and develop other program guidelines
and definitions as required.
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 herein provided without regard to any other provisions of this section.
(Pub. L. 98–473, title I, § 101(c) [title I, § 100], Oct.
12, 1984, 98 Stat. 1837, 1844; Pub. L. 89–671, § 14(c),
as added Pub. L. 107–219, § 1(a)(3), Aug. 21, 2002,
116 Stat. 1330.)
REFERENCES IN TEXT
The Historic Sites Act of 1935, referred to in text,
which is also known as the Historic Sites, Buildings,
and Antiquities Act, is act Aug. 21, 1935, ch. 593, 49 Stat.
666, as amended, which is classified to sections 461 to
467 of this title. For complete classification of this Act
to the Code, see Short Title note set out under section
461 of this title and Tables.
AMENDMENTS
2002—Pub. L. 89–671, § 14(c), as added by Pub. L.
107–219, which provided that any reference to ‘‘Wolf

Page 49

TITLE 16—CONSERVATION

§ 1j

Trap Farm Park’’ shall be considered to be a reference
to ‘‘Wolf Trap National Park for the Performing Arts’’,
was executed by substituting ‘‘Wolf Trap National Park
for the Performing Arts’’ for ‘‘Wolf Trap Farm Park for
the Performing Arts’’ in concluding provisions to reflect the probable intent of Congress.

and tribal governments, other public entities,
educational institutions, and private nonprofit
organizations for the public purpose of carrying
out National Park Service programs pursuant to
section 6305 of title 31 to carry out public purposes of National Park Service programs.

§ 1f. Challenge cost-share agreement authority

(Pub. L. 104–208, div. A, title I, § 101(d) [title I],
Sept. 30, 1996, 110 Stat. 3009–181, 3009–189.)

(1) Definitions
For purposes of this subsection:
(A) 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 of the Interior with
respect to any unit or program of the National
Park System (as defined in section 1c(a) of
this title), any affiliated area, or any designated National Scenic or Historic Trail.
(B) The term ‘‘cooperator’’ means any State
or local government, public or private agency,
organization, institution, corporation, individual, or other entity.
(2) Challenge cost-share agreements
The Secretary of the Interior is authorized to
negotiate and enter into challenge cost-share
agreements with cooperators.
(3) Use of Federal funds
In carrying out challenge cost-share agreements, the Secretary of the Interior is authorized to provide the Federal funding share from
any funds available to the National Park Service.
(4) Available funds
Out of any amounts in the Treasury not otherwise appropriated, $20,000,000 shall be made
available to the Secretary of the Interior for fiscal year 2018, and $30,000,000 shall be made available to the Secretary of the Interior for fiscal
year 2019, without further appropriation and to
remain available until expended, to pay the Federal funding share of challenge cost-share agreements for deferred maintenance projects and to
correct deficiencies in National Park Service infrastructure.
(5) Cost-share requirement
Not less than 50 percent of the total cost of
project 1 for funds made available under paragraph (4) to pay the Federal funding share shall
be derived from non-Federal sources, including
in-kind contribution of goods and services fairly
valued.
(Pub. L. 104–333, div. I, title VIII, § 814(g), Nov.
12, 1996, 110 Stat. 4199; Pub. L. 113–40, § 10(c), Oct.
2, 2013, 127 Stat. 546.)
AMENDMENTS
2013—Pars. (4), (5). Pub. L. 113–40 added pars. (4) and
(5).

§ 1g. Cooperative agreements
The National Park Service may in fiscal year
1997 and thereafter enter into cooperative agreements that involve the transfer of National
Park Service appropriated funds to State, local
1 So

in original.

§ 1h. Sums provided by private entities for utility
services
Notwithstanding any other provision of law, in
fiscal year 2003 and thereafter, sums provided to
the National Park Service by private entities
for utility services shall be credited to the appropriate account and remain available until expended.
(Pub. L. 108–7, div. F, title I, Feb. 20, 2003, 117
Stat. 227.)
§ 1i. Reimbursable agreements
Heretofore and hereafter, in carrying out the
work under reimbursable agreements with any
State, local or tribal government, the National
Park Service may, without regard to section
1341 of title 31 or any other provision of law or
regulation, record obligations against accounts
receivable from such entities, and shall credit
amounts received from such entities to the appropriate account, such credit to occur within 90
days of the date of the original request by the
National Park Service for payment.
(Pub. L. 108–7, div. F, title I, Feb. 20, 2003, 117
Stat. 227.)
§ 1j. Cooperative agreements for national park
natural resource protection
(a) In general
The Secretary of the Interior (referred to in
this section as 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 units of the National Park
System through collaborative efforts on land inside and outside of National Park System units.
(b) Terms and conditions
A cooperative agreement entered into under
subsection (a) shall provide clear and direct benefits to park natural resources and—
(1) provide for—
(A) the preservation, conservation, and
restoration of coastal and riparian systems,
watersheds, and wetlands;
(B) preventing, controlling, or eradicating
invasive exotic species that are within a
unit of the National Park System or adjacent to a unit of the National Park System;
or
(C) restoration of natural resources, including native wildlife habitat or ecosystems;
(2) include a statement of purpose demonstrating how the agreement will—
(A) enhance science-based natural resource
stewardship at the unit of the National Park
System; and

§2

TITLE 16—CONSERVATION
(B) benefit the parties to the agreement;

(3) 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 unit of the
National Park System that will—
(A) protect natural resources of the unit of
the National Park System; and
(B) benefit the parties to the agreement;
(4) 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;
(5) describe any financial assistance to be
provided by the Secretary or the partners to
implement the agreement;
(6) 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 unit
of the National Park System; and
(7) include such other terms and conditions
as are agreed to by the Secretary and the
other parties to the agreement.
(c) Limitations
The Secretary shall not use any funds associated with an agreement entered into under subsection (a) 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.
(d) Authorization of appropriations
There are authorized to be appropriated such
sums as are necessary to carry out this section.
(Pub. L. 110–229, title III, § 301, May 8, 2008, 122
Stat. 768.)
§ 2. National parks, reservations, and monuments; supervision
The director shall, under the direction of the
Secretary of the Interior, have the supervision,
management, and control of the several national
parks and national monuments which on August
25, 1916, were under the jurisdiction of the Department of the Interior, and of the Hot Springs
National Park in the State of Arkansas, and of
such other national parks and reservations of
like character as may be created by Congress. In
the supervision, management, and control of national monuments contiguous to national forests the Secretary of Agriculture may cooperate
with said National Park Service to such extent
as may be requested by the Secretary of the Interior.
(Aug. 25, 1916, ch. 408, § 2, 39 Stat. 535; Mar. 4,
1921, ch. 161, § 1, 41 Stat. 1407.)
CHANGE OF NAME
Hot Springs Reservation was changed to Hot Springs
National Park by section 1 of act Mar. 4, 1921.
TRANSFER OF FUNCTIONS
For transfer of functions of other officers, employees,
and agencies of Department of the Interior, with certain exceptions, to Secretary of the Interior, with

Page 50

power to delegate, see Reorg. Plan No. 3 of 1950, §§ 1, 2,
eff. May 24, 1950, 15 F.R. 3174, 64 Stat. 1262, set out in
the Appendix to Title 5, Government Organization and
Employees.

§ 3. Rules and regulations of national parks, reservations, and monuments; timber; leases
The Secretary of the Interior shall make and
publish such rules and regulations as he may
deem necessary or proper for the use and management of the parks, monuments, and reservations under the jurisdiction of the National
Park Service, and any violation of any of the
rules and regulations authorized by this section
and sections 1, 2, and 4 of this title shall be punished by a fine of not more than $500 or imprisonment for not exceeding six months, or both,
and be adjudged to pay all cost of the proceedings. He may also, upon terms and conditions to
be fixed by him, sell or dispose of timber in
those cases where in his judgment the cutting of
such timber is required in order to control the
attacks of insects or diseases or otherwise conserve the scenery or the natural or historic objects in any such park, monument, or reservation. He may also provide in his discretion for
the destruction of such animals and of such
plant life as may be detrimental to the use of
any of said parks, monuments, or reservations.
No natural,1 curiosities, wonders, or objects of
interest shall be leased, rented, or granted to
anyone on such terms as to interfere with free
access to them by the public: Provided, however,
That the Secretary of the Interior may, under
such rules and regulations and on such terms as
he may prescribe, grant the privilege to graze
livestock within any national park, monument,
or reservation herein referred to when in his
judgment such use is not detrimental to the primary purpose for which such park, monument,
or reservation was created, except that this provision shall not apply to the Yellowstone National Park: And provided further, That the Secretary of the Interior may grant said privileges,
leases, and permits and enter into contracts relating to the same with responsible persons,
firms, or corporations without advertising and
without securing competitive bids: And provided
further, That no contract, lease, permit, or privilege granted shall be assigned or transferred by
such grantees, permittees, or licensees without
the approval of the Secretary of the Interior
first obtained in writing.
(Aug. 25, 1916, ch. 408, § 3, 39 Stat. 535; June 2,
1920, ch. 218, § 5, 41 Stat. 732; Mar. 7, 1928, ch. 137,
§ 1, 45 Stat. 235; Pub. L. 85–434, May 29, 1958, 72
Stat. 152; Pub. L. 105–391, title IV, § 415(b)(1),
Nov. 13, 1998, 112 Stat. 3515.)
REFERENCES IN TEXT
Herein, referred to in text, means act Aug. 25, 1916,
known as the ‘‘National Park Service Organic Act’’,
which is classified to this section and sections 1, 2, and
4 of this title. For complete classification of this Act to
the Code, see Short Title note set out under section 1
of this title and Tables.
AMENDMENTS
1998—Pub. L. 105–391, § 415(b)(1)(A), in fourth sentence,
substituted ‘‘No natural,’’ for ‘‘He may also grant privi1 So

in original. The comma probably should not appear.

Page 51

§5

TITLE 16—CONSERVATION

leges, leases, and permits for the use of land for the accommodation of visitors in the various parks, monuments, or other reservations herein provided for, but
for periods not exceeding thirty years; and no natural’’.
Pub. L. 105–391, § 415(b)(1)(B), in fourth sentence,
struck out last proviso which read as follows ‘‘: And
provided further, That the Secretary may, in his discretion, authorize such grantees, permittees, or licensees
to execute mortgages and issue bonds, shares of stock,
and other evidences of interest in or indebtedness upon
their rights, properties, and franchises, for the purposes
of installing, enlarging, or improving plant and equipment and extending facilities for the accommodation of
the public within such national parks and monuments’’.
1958—Pub. L. 85–434 substituted ‘‘thirty years’’ for
‘‘twenty years’’.
1928—Act Mar. 7, 1928, inserted last three provisos.
1920—Act June 2, 1920, substituted ‘‘and any violation
of any of the rules and regulations authorized by this
section and sections 1, 2, and 4 of this title shall be punished by a fine of not more than $500 or imprisonment
for not exceeding six months, or both, and be adjudged
to pay all cost of the proceedings’’ for ‘‘and any violations of any of the rules and regulations authorized by
this section and sections 1, 2, and 4 of this title shall be
punished as provided for in section 50 of the Act entitled ‘An Act to codify and amend the Penal Laws of the
United States,’ approved March 4, 1909, as amended by
section 6 of the Act of June 25, 1910 (Thirty-sixth
United States Statutes at Large, page 857,’’.
TRANSFER OF FUNCTIONS
For transfer of functions of other officers, employees,
and agencies of Department of the Interior, with certain exceptions, to Secretary of the Interior, with
power to delegate, see Reorg. Plan No. 3 of 1950, §§ 1, 2,
eff. May 24, 1950, 15 F.R. 3174, 64 Stat. 1262, set out in
the Appendix to Title 5, Government Organization and
Employees.

§ 3a. Recovery of costs associated with special
use permits
Notwithstanding any other provision of law,
the National Park Service may on and after November 11, 1993, recover all costs of providing
necessary services associated with special use
permits, such reimbursements to be credited to
the appropriation current at that time.
(Pub. L. 103–138, title I, Nov. 11, 1993, 107 Stat.
1387.)
PRIOR PROVISIONS
Provisions similar to those in this section were contained in the following prior appropriation acts:
Pub. L. 102–381, title I, Oct. 5, 1992, 106 Stat. 1384.
Pub. L. 102–154, title I, Nov. 13, 1991, 105 Stat. 999.
Pub. L. 101–512, title I, Nov. 5, 1990, 104 Stat. 1923.
Pub. L. 101–121, title I, Oct. 23, 1989, 103 Stat. 709.
Pub. L. 100–446, title I, Sept. 27, 1988, 102 Stat. 1788.
Pub. L. 100–202, § 101(g) [title I], Dec. 22, 1987, 101 Stat.
1329–213, 1329–223.
Pub. L. 99–500, § 101(h) [title I], Oct. 18, 1986, 100 Stat.
1783–242, 1783–251, and Pub. L. 99–591, § 101(h) [title I],
Oct. 30, 1986, 100 Stat. 3341–242, 3341–251.

§ 3b. Maintenance and repair of Government improvements under concession contracts
Privileges, leases, and permits granted by the
Secretary of the Interior for the use of land for
the accommodation of park visitors, pursuant to
section 3 of this title, may provide for the maintenance and repair of Government improvements by the grantee notwithstanding the provisions of section 1302 of title 40, or any other provision of law.

(Pub. L. 87–608, Aug. 24, 1962, 76 Stat. 405.)
CODIFICATION
‘‘Section 1302 of title 40’’ substituted in text for ‘‘section 321 of the Act of June 30, 1932 (47 Stat. 412; 40
U.S.C. 303b)’’ on authority of Pub. L. 107–217, § 5(c), Aug.
21, 2002, 116 Stat. 1303, the first section of which enacted
Title 40, Public Buildings, Property, and Works.
Section was classified to section 303c of former Title
40, prior to the enactment of Title 40, Public Buildings,
Property, and Works, by Pub. L. 107–217, § 1, Aug. 21,
2002, 116 Stat. 1062.

§ 4. Rights-of-way through public lands
The provisions of sections 1, 2, and 3 of this
title shall not affect or modify the provisions of
section 79 of this title.
(Aug. 25, 1916, ch. 408, § 4, 39 Stat. 536.)
REFERENCES IN TEXT
Section 79 of this title, referred to in text, was in the
original a reference to act Feb. 15, 1901, ch. 372, 31 Stat.
790. For further details, see Codification note set out
under section 79 of this title.

§ 5. Rights-of-way through parks or reservations
for power and communications facilities
The head of the department having jurisdiction over the lands be, and he hereby is, authorized and empowered, under general regulations
to be fixed by him, to grant an easement for
rights-of-way, for a period not exceeding fifty
years from the date of the issuance of such
grant, over, across, and upon the public lands
and reservations of the United States for electrical poles and lines for the transmission and
distribution of electrical power, and for poles
and lines for communication purposes, and for
radio, television, and other forms of communication transmitting, relay, and receiving structures and facilities, to the extent of two hundred
feet on each side of the center line of such lines
and poles and not to exceed four hundred feet by
four hundred feet for radio, television, and other
forms of communication transmitting, relay,
and receiving structures and facilities, to any
citizen, association, or corporation of the United
States, where it is intended by such to exercise
the right-of-way herein granted for any one or
more of the purposes herein named: Provided,
That such right-of-way shall be allowed within
or through any national park or any other reservation only upon the approval of the chief officer of the department under whose supervision
or control such reservation falls, and upon a
finding by him that the same is not incompatible with the public interest: Provided further,
That all or any part of such right-of-way may be
forfeited and annulled by declaration of the head
of the department having jurisdiction over the
lands for nonuse for a period of two years or for
abandonment.
Any citizen, association, or corporation of the
United States to whom there has been issued a
permit, prior to March 4, 1911, for any of the purposes specified herein under any law existing at
that date, may obtain the benefit of this section
upon the same terms and conditions as shall be
required of citizens, associations, or corporations making application under the provisions of
this section subsequent to said date.

§6

TITLE 16—CONSERVATION

(Mar. 4, 1911, ch. 238, 36 Stat. 1253; May 27, 1952,
ch. 338, 66 Stat. 95.)
REPEALS
Section repealed by Pub. L. 94–579, title VII,
§ 706(a), Oct. 21, 1976, 90 Stat. 2793, effective on
and after Oct. 21, 1976, insofar as applicable to
the issuance of rights-of-way over, upon, under,
and through the public lands and lands in the
National Forest System.
CODIFICATION
Section, insofar as it relates also to rights-of-way in
military and other reservations and national forests, is
also set out as sections 420 and 523 of this title, and, in
so far as it relates to rights-of-way on public lands generally, and Indian reservations, is set out as section 961
of Title 43, Public Lands.
AMENDMENTS
1952—Act May 27, 1952, inserted reference to rights-ofway for radio, television, and other forms of communication, and increased from 40 feet to 400 feet the maximum width of rights-of-way for lines and poles.
SAVINGS PROVISION
Repeal by Pub. L. 94–579, insofar as applicable to the
issuance of rights-of-way, not to be construed as terminating any valid lease, permit, patent, etc., existing on
Oct. 21, 1976, see note set out under section 1701 of Title
43, Public Lands.

§ 6. Donations of lands within national parks and
monuments and moneys
The Secretary of the Interior in his administration of the National Park Service is authorized, in his discretion, to accept patented lands,
rights-of-way over patented lands or other
lands, buildings, or other property within the
various national parks and national monuments, and moneys which may be donated for
the purposes of the national park and monument
system.
(June 5, 1920, ch. 235, § 1, 41 Stat. 917.)
§ 6a. Repealed. Pub. L. 90–209, § 2, Dec. 18, 1967,
81 Stat. 656
Section, act July 10, 1935, ch. 375, § 4, 49 Stat. 478, related to acceptance of gifts or bequests of money. See
section 19g of this title.

§ 7. Repealed. Oct. 31, 1951, ch. 654, § 1(35), 65
Stat. 702
Section, act Jan. 24, 1923, ch. 42, 42 Stat. 1215, related
to purchase of supplies or services for National Park
Service.

§ 7a. Airports in national parks, monuments and
recreation areas; construction, etc.
The Secretary of the Interior (hereinafter
called the ‘‘Secretary’’) is authorized to plan,
acquire, establish, construct, enlarge, improve,
maintain, equip, operate, regulate, and protect
airports in the continental United States in, or
in close proximity to, national parks, national
monuments, and national recreation areas,
when such airports are determined by him to be
necessary to the proper performance of the functions of the Department of the Interior: Provided, That no such airport shall be acquired, established, or constructed by the Secretary un-

Page 52

less such airport is included in the then current
revision of the national airport plan formulated
by the Secretary of Transportation pursuant to
the provisions of the Federal Airport Act: Provided further, That the operation and maintenance of such airports shall be in accordance
with the standards, rules, or regulations prescribed by the Secretary of Transportation.
(Mar. 18, 1950, ch. 72, § 1, 64 Stat. 27; Pub. L.
85–726, title XIV, § 1402(e), Aug. 23, 1958, 72 Stat.
807; Pub. L. 91–258, title I, § 52(b)(1), May 21, 1970,
84 Stat. 235.)
REFERENCES IN TEXT
The Federal Airport Act, referred to in text, is act
May 13, 1946, ch. 251, 60 Stat. 170, as amended, which
was classified to chapter 14 (§ 1101 et seq.) of former
Title 49, Transportation. The Act was repealed by section 52(a) of the Airport and Airway Development Act
of 1970 (Pub. L. 91–258, title I, May 21, 1970, 84 Stat. 235).
See chapter 471 of Title 49, Transportation.
AMENDMENTS
1970—Pub. L. 91–258 substituted ‘‘Secretary of Transportation’’ for ‘‘Administrator of the Federal Aviation
Agency’’ in two places.
1958—Pub. L. 85–726 substituted ‘‘Administrator of the
Federal Aviation Agency’’ for ‘‘Administrator of Civil
Aeronautics’’ in two places.
EFFECTIVE DATE OF 1958 AMENDMENT
Section 1505(2) of Pub. L. 85–726 provided that the
amendment made by Pub. L. 85–726 is effective on 60th
day following date on which the Administrator of the
Federal Aviation Agency first appointed under Pub. L.
85–726 qualifies and takes office. The Administrator was
appointed, qualified and took office on Oct. 31, 1958.

§ 7b. Acquisition of lands for airport use; contracts for operation and maintenance
In order to carry out the purposes of sections
7a to 7e of this title, the Secretary is authorized
to acquire necessary lands and interests in or
over lands; to contract for the construction, improvement, operation, and maintenance of airports and incidental facilities; to enter into
agreements with other public agencies providing
for the construction, operation, or maintenance
of airports by such other public agencies or
jointly by the Secretary and such other public
agencies upon mutually satisfactory terms; and
to enter into such other agreements and take
such other action with respect to such airports
as may be necessary to carry out the purposes of
said sections: Provided, That nothing in said sections shall be held to 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 State political
subdivision in which such land is located: And
provided further, That the authorization herein
granted shall not exceed $3,500,000.
(Mar. 18, 1950, ch. 72, § 2, 64 Stat. 28; Pub. L.
89–763, Nov. 5, 1966, 80 Stat. 1313.)
AMENDMENTS
1966—Pub.
‘‘$2,000,000’’.

L.

89–763

substituted

‘‘$3,500,000’’

for

§ 7c. Authorization to sponsor airport projects;
use of funds
In order to carry out the purposes of sections
7a to 7e of this title, the Secretary is authorized

Page 53

TITLE 16—CONSERVATION

to sponsor projects under the Federal Airport
Act either independently or jointly with other
public agencies, and to use, for payment of the
sponsor’s share of the project costs of such
projects, any funds that may be contributed or
otherwise made available to him for such purpose (receipt of which funds and their use for
such purposes is authorized) or may be appropriated or otherwise specifically authorized
therefor.
(Mar. 18, 1950, ch. 72, § 3, 64 Stat. 28.)
REFERENCES IN TEXT
The Federal Airport Act, referred to in text, is act
May 13, 1946, ch. 251, 60 Stat. 170, as amended, which
was classified to chapter 14 (§ 1101 et seq.) of former
Title 49, Transportation. The Act was repealed by section 52(a) of the Airport and Airway Development Act
of 1970 (Pub. L. 91–258, title I, May 21, 1970, 84 Stat. 235).
See chapter 471 of Title 49, Transportation.

§ 7d. Jurisdiction over airports; public operation
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.
(Mar. 18, 1950, ch. 72, § 4, 64 Stat. 28.)
§ 7e. Definitions
The terms ‘‘airport’’, ‘‘project’’, ‘‘project
costs’’, ‘‘public agency’’, and ‘‘sponsor’’, as used
in sections 7a to 7e of this title, shall have the
respective meanings prescribed in the Federal
Airport Act.
(Mar. 18, 1950, ch. 72, § 5, 64 Stat. 28.)
REFERENCES IN TEXT
The Federal Airport Act, referred to in text, is act
May 13, 1946, ch. 251, 60 Stat. 170, as amended, which
was classified to chapter 14 (§ 1101 et seq.) of former
Title 49, Transportation. The Act was repealed by section 52(a) of the Airport and Airway Development Act
of 1970 (Pub. L. 91–258, title I, May 21, 1970, 84 Stat. 235).
See chapter 471 of Title 49, Transportation.

§ 8. Roads and trails in national parks and monuments; construction, etc.
The Secretary of the Interior, in his administration of the National Park Service, is authorized to construct, reconstruct, and improve
roads and trails, inclusive of necessary bridges,
in the national parks and monuments under the
jurisdiction of the Department of the Interior.
(Apr. 9, 1924, ch. 86, § 1, 43 Stat. 90.)
TRANSFER OF FUNCTIONS
For transfer of functions of other officers, employees,
and agencies of Department of the Interior, with certain exceptions, to Secretary of the Interior, with
power to delegate, see Reorg. Plan No. 3 of 1950, §§ 1, 2,
eff. May 24, 1950, 15 F.R. 3174, 64 Stat. 1262, set out in
the Appendix to Title 5, Government Organization and
Employees.

§ 8–1. Repealed. Pub. L. 85–767, § 2 [33], Aug. 27,
1958, 72 Stat. 919
Section, act Sept. 7, 1950, ch. 912, § 4(a), 64 Stat. 787,
related to administration of appropriations for construction, reconstruction, and improvement of roads

§ 8b

and trails in national parks, monuments, and other
areas administered by National Park Service.
Act Sept. 5, 1940, ch. 715, § 8, 54 Stat. 870, which was
formerly classified to this section, was repealed by
Pub. L. 85–767, § 2[23], Aug. 27, 1958, 72 Stat. 919.

§ 8a. National-park approach roads; designation
Whenever the Secretary of the Interior shall
determine it to be in the public interest he may
designate as national-park approach roads and
as supplementary parts of the highway systems
of any of the national parks roads whose primary value is to carry national-park travel and
which lead across lands wholly or to the extent
of 90 per centum owned by the Government of
the United States and which will connect the
highways within a national park with a convenient point on or leading to the Federal 7 per centum highway system: Provided, That such approach roads so designated shall be limited to
not to exceed sixty miles in length between a
park gateway and such point on or leading to
the nearest convenient 7 per centum system
road; or, if such approach road is on the 7 per
centum system, it shall be limited to not to exceed thirty miles: Provided further, That not to
exceed forty miles of any one approach road
shall be designated in any one county.
(Apr. 9, 1924, ch. 86, § 4, as added Jan. 31, 1931, ch.
79, 46 Stat. 1053.)
§ 8b. National-park approach roads and roads
and trails within national parks and national
monuments; construction, improvement, and
maintenance; appropriation
The Secretary of the Interior is authorized
during the fiscal years 1950 and 1951 to construct, reconstruct, and improve national-park
approach roads designated under section 8a of
this title, inclusive of necessary bridges, and to
enter into agreements for the maintenance
thereof by State or county authorities, or to
maintain them when otherwise necessary, as
well as hereafter to construct, reconstruct, and
improve roads and trails within the national
parks and national monuments; and for all such
purposes there is authorized to be appropriated
out of any money in the Treasury not otherwise
appropriated, the following sums: $10,000,000 for
the fiscal year ending June 30, 1950; the sum of
$10,000,000 for the fiscal year ending June 30,
1951: Provided, That under agreement with the
Secretary of the Interior the Secretary of Commerce may carry out any or all of the provisions
of this section: Provided further, That not to exceed $1,500,000 shall be allocated annually for the
construction, reconstruction, and improvement
of such national-park approach roads: And provided further, That nothing in this section or sections 8, 8a, and 8c of this title shall be construed
to limit the authority of the Secretary of the Interior to hereafter construct, reconstruct, improve, and maintain roads and trails within the
national parks and national monuments.
(Apr. 9, 1924, ch. 86, § 5, as added Jan. 31, 1931, ch.
79, 46 Stat. 1053; amended 1939 Reorg. Plan No. I,
§§ 301, 302, eff. July 1, 1939, 4 F.R. 2727, 53 Stat.
1426; June 29, 1948, ch. 732, § 4(a), 62 Stat. 1107;
June 30, 1949, ch. 288, title I, § 103, 63 Stat. 380;
1949 Reorg. Plan No. 7, § 2, eff. Aug. 10, 1949, 14
F.R. 5228, 63 Stat. 1070.)

§ 8c

TITLE 16—CONSERVATION
AMENDMENTS

1948—Act June 29, 1948, appropriated $10,000,000 for fiscal years 1950 and 1951, respectively.
TRANSFER OF FUNCTIONS
Functions of Administrator of General Services with
respect to Bureau of Public Roads transferred to Secretary of Commerce by Reorg. Plan No. 7 of 1949, set
out in the Appendix to Title 5, Government Organization and Employees.
Functions of Federal Works Agency and of all agencies thereof, together with functions of Federal Works
Administrator transferred to Administrator of General
Services by section 103(a) of act June 30, 1949. Both Federal Works Agency and office of Federal Works Administrator abolished by section 103(b) of that act. See Historical and Revision Notes under section 303(b) of Title
40, Public Buildings, Property, and Works. Section
303(b) of Title 40 was amended generally by Pub. L.
109–313, § 2(a)(1), Oct. 6, 2006, 120 Stat. 1734, and, as so
amended, no longer relates to the Federal Works Agency and Commissioner of Public Buildings. See 2006
Amendment note under section 303 of Title 40.
Functions of Secretary of Agriculture with respect to
Public Roads Administration transferred to Federal
Works Administrator by Reorg. Plan No. I of 1939, set
out in the Appendix to Title 5, Government Organization and Employees.
EFFECTIVE DATE OF TRANSFER OF FUNCTIONS
Transfer of functions effective July 1, 1949, see section 605, formerly § 505, of act June 30, 1949, ch. 288, 63
Stat. 403; renumbered by act Sept. 5, 1950, ch. 849, § 6(a),
(b), 64 Stat. 583.

§ 8c. National-park approach roads across or
within national forests; approval of Secretary of Agriculture
Whenever any approach road is proposed under
the terms of this section and sections 8, 8a, and
8b of this title across or within any national forest the Secretary of the Interior shall secure the
approval of the Secretary of Agriculture before
construction shall begin.
(Apr. 9, 1924, ch. 86, § 6, as added Jan. 31, 1931, ch.
79, 46 Stat. 1054.)
§ 8d. National-monument approach roads
Approach roads to national monuments shall
be included within the provisions of sections 8
and 8a to 8c of this title under the same conditions as approach roads to national parks, and
the limitation therein on the amount of annual
allocation of funds to national park approach
roads shall be inclusive of such national monument approaches.
(Mar. 4, 1931, ch. 522, title I, 46 Stat. 1570.)
§ 8e. Conveyance to States of roads leading to
certain historical areas; conditions; jurisdiction
The Secretary of the Interior is authorized in
his discretion, subject to such conditions as may
seem to him proper, to convey by proper quitclaim deed to any State, county, municipality,
or proper agency thereof, in which the same is
located, all the right, title, and interest of the
United States in and to any 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 National Park

Page 54

Service. Prior to the delivery of any conveyance
under this section and section 8f of this title,
the State, county, or municipality to which the
conveyance authorized in this section is to be
made shall notify the Secretary of the Interior
in writing of its willingness to accept and maintain the road or roads included in such conveyance. Upon the execution and delivery of any
conveyance authorized in this section, any jurisdiction heretofore ceded to the United States by
a State over the roads conveyed shall thereby
cease and determine and shall thereafter vest
and be in the particular State in which such
roads are located.
(June 3, 1948, ch. 401, § 1, 62 Stat. 334.)
TRANSFER OF FUNCTIONS
For transfer of functions of other officers, employees,
and agencies of Department of the Interior, with certain exceptions, to Secretary of the Interior, with
power to delegate, see Reorg. Plan No. 3 of 1950, §§ 1, 2,
eff. May 24, 1950, 15 F.R. 3174, 64 Stat. 1262, set out in
the Appendix to Title 5, Government Organization and
Employees.

§ 8f. Roads leading to certain historical areas;
‘‘State’’ defined
The word ‘‘State’’ as used in section 8e of this
title includes Hawaii, Alaska, Puerto Rico,
Guam, and the Virgin Islands.
(June 3, 1948, ch. 401, § 2, 62 Stat. 334; Aug. 1, 1956,
ch. 852, § 5, 70 Stat. 908.)
AMENDMENTS
1956—Act Aug. 1, 1956, inserted ‘‘Guam’’ after ‘‘Puerto
Rico’’.
ADMISSION OF ALASKA AND HAWAII TO STATEHOOD
Alaska was admitted into the Union on Jan. 3, 1959,
on issuance of Proc. No. 3269, Jan. 3, 1959, 24 F.R. 81, 73
Stat. c16, and Hawaii was admitted into the Union on
Aug. 21, 1959, on issuance of Proc. No. 3309, Aug. 21, 1959,
24 F.R. 6868, 73 Stat. c74. For Alaska Statehood Law,
see Pub. L. 85–508, July 7, 1958, 72 Stat. 339, set out as
a note preceding section 21 of Title 48, Territories and
Insular Possessions. For Hawaii Statehood Law, see
Pub. L. 86–3, Mar. 18, 1959, 73 Stat. 4, set out as a note
preceding section 491 of Title 48.

§ 9. Repealed. June 30, 1949, ch. 288, title VI,
§ 602(a)(12), 63 Stat. 400, eff. July 1, 1949; renumbered Sept. 5, 1950, ch. 849, § 6(a), (b), 64
Stat. 583
Section, act Jan. 24, 1923, ch. 42, 42 Stat. 1215, related
to exchange of motor vehicles and equipment as part
consideration in purchase of new equipment.

§ 9a. Government of parks, etc.; violation of regulations as misdemeanor
The Secretary of the Army is authorized to
prescribe and publish such regulations as he
deems necessary for the proper government and
protection of, and maintenance of good order in,
national military parks, national parks, battlefield sites, national monuments, and miscellaneous memorials as are now or hereafter may be
under the control of the Department of the
Army; and any person who knowingly and willfully violates any such regulation shall be
deemed guilty of a misdemeanor and punishable
by a fine of not more than $100 or by imprison-

Page 55

§ 14a

TITLE 16—CONSERVATION

ment for not more than three months, or by
both such fine and imprisonment.
(Mar. 2, 1933, ch. 180, § 1, 47 Stat. 1420; July 26,
1947, ch. 343, title II, § 205(a), 61 Stat. 501.)
CHANGE OF NAME
Department of War designated Department of the
Army and title of Secretary of War changed to Secretary of the Army by section 205(a) of act July 26, 1947,
ch. 343, title II, 61 Stat. 501. Section 205(a) of act July
26, 1947, was repealed by section 53 of act Aug. 10, 1956,
ch. 1041, 70A Stat. 641. Section 1 of act Aug. 10, 1956, enacted ‘‘Title 10, Armed Forces’’ which in sections 3010
to 3013 continued military Department of the Army
under administrative supervision of Secretary of the
Army.
CONSOLIDATION OF FUNCTIONS
Functions of administration of national parks, national monuments, etc., including national cemeteries
and parks of Department of the Army located within
continental limits of United States, consolidated in an
Office of National Parks, Buildings and Reservations,
see Ex. Ord. No. 6166, § 2, June 10, 1933, set out as a note
under section 901 of Title 5, Government Organization
and Employees.
National Park Service substituted for Office of National Parks, Buildings, and Reservations referred to in
Ex. Ord. No. 6166, § 2, June 10, 1933, by act Mar. 2, 1934,
ch. 38, § 1, 48 Stat. 389.
CEMETERIES AND PARKS TRANSFERRED
Cemeteries and parks transferred, and postponement
of transfer of national cemeteries other than those
named by Ex. Ord. No. 6166, § 2, as amended by Ex. Ord.
No. 6228, §§ 1, 2, July 28, 1933, set out as notes under section 901 of Title 5, Government Organization and Employees.

§§ 10, 10a. Repealed. Pub. L. 91–383, § 10(a)(2), (3),
as added Pub. L. 94–458, § 2, Oct. 7, 1976, 90
Stat. 1941
Section 10, act Mar. 3, 1905, ch. 1405, 33 Stat. 873, authorized National Park Service employees to arrest and
prosecute persons violating the laws and regulations
relating to the national forests and national parks. Act
Mar. 3, 1905, insofar as it relates to the Forest Service,
is classified to section 559 of this title. Pub. L. 91–383,
§ 10(a), as amended, amended act Mar. 3, 1905, to delete
references to the National Park Service and the national parks. Authority to maintain law and order
within areas of the National Park System is now covered by section 1a–6 of this title.
Section 10a, act Mar. 2, 1933, ch. 180, § 2, 47 Stat. 1420,
related to the authorization of commissioners, superintendents, caretakers, officers, or guards of national
military parks, national parks, battlefield sites, national monuments, and miscellaneous memorials, to
arrest and prosecute persons for violations of any of
the regulations prescribed pursuant to section 9a of
this title.

§ 11. Medical attention for employees
The Secretary of the Interior in his administration of the National Park Service is authorized to contract for medical attention and service for employees and to make necessary payroll deductions agreed to by the employees
therefor.
(May 10, 1926, ch. 277, § 1, 44 Stat. 491.)
TRANSFER OF FUNCTIONS
For transfer of functions of other officers, employees,
and agencies of Department of the Interior, with certain exceptions, to Secretary of the Interior, with

power to delegate, see Reorg. Plan No. 3 of 1950, §§ 1, 2,
eff. May 24, 1950, 15 F.R. 3174, 64 Stat. 1262, set out in
the Appendix to Title 5, Government Organization and
Employees.

§ 12. Aid to visitors in emergencies
The Secretary of the Interior is authorized to
aid and assist visitors within the national parks
or national monuments in emergencies, and
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 them to reach safely a point where
such food or supplies can be purchased: Provided,
That the receipts from such sales shall be deposited as a refund to the appropriation or appropriations current at the date of covering in of
such deposit and shall be available for the purchase of similar food or supplies.
(July 3, 1926, ch. 792, § 1, 44 Stat. 900.)
§ 13. Medical attention to employees at isolated
places; removal of bodies for burial
The Secretary of the Interior, in his discretion, is authorized to provide, out of moneys appropriated for the general expense of the several
national parks and national monuments, medical attention for employees of the National
Park Service located at isolated situations, including the moving of such employees to hospitals or other places where medical assistance
is available, and 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.
(July 3, 1926, ch. 792, § 2, 44 Stat. 900.)
TRANSFER OF FUNCTIONS
For transfer of functions of other officers, employees,
and agencies of Department of the Interior, with certain exceptions, to Secretary of the Interior, with
power to delegate, see Reorg. Plan No. 3 of 1950, §§ 1, 2,
eff. May 24, 1950, 15 F.R. 3174, 64 Stat. 1262, set out in
the Appendix to Title 5, Government Organization and
Employees.

§ 14. Repealed. Pub. L. 88–578, § 2(a), Sept. 3, 1964,
78 Stat. 899
Section, acts Mar. 7, 1928, ch. 137, § 1, 45 Stat. 238;
Mar. 4, 1929, ch. 705, § 1, 45 Stat. 1602, prohibited expenditure of appropriations for National Park Service where
campground privileges are charged for by the Park
Service.
EFFECTIVE DATE OF REPEAL
Repeal effective Jan. 1, 1965, see section 1(a) of Pub.
L. 88–578, set out as an Effective Date note under section 460l–4 of this title.

§ 14a. Appropriations; availability for printing information and signs
Appropriations made for the National
Service shall be available for the printing
formation and directional signs made of
and required in the administration of
under its jurisdiction.

Park
of incloth
areas

(May 10, 1939, ch. 119, § 1, 53 Stat. 729.)
TRANSFER OF FUNCTIONS
For transfer of functions of other officers, employees,
and agencies of Department of the Interior, with cer-

§ 14b

TITLE 16—CONSERVATION

tain exceptions, to Secretary of the Interior, with
power to delegate, see Reorg. Plan No. 3 of 1950, §§ 1, 2,
eff. May 24, 1950, 15 F.R. 3174, 64 Stat. 1262, set out in
the Appendix to Title 5, Government Organization and
Employees.

§ 14b. Credits of receipts for meals and quarters
furnished Government employees in the field
Cash collections and pay-roll deductions made
for meals and quarters furnished by the National
Park Service to employees of the Government in
the field and to cooperating agencies may be
credited as a reimbursement to the current appropriation for the administration of the park
or monument in which the accommodations are
furnished.
(May 9, 1935, ch. 101, § 1, 49 Stat. 209.)
CODIFICATION
Section is also set out as section 456a of this title.
TRANSFER OF FUNCTIONS
For transfer of functions of other officers, employees,
and agencies of Department of the Interior, with certain exceptions, to Secretary of the Interior, with
power to delegate, see Reorg. Plan No. 3 of 1950, §§ 1, 2,
eff. May 24, 1950, 15 F.R. 3174, 64 Stat. 1262, set out in
the Appendix to Title 5, Government Organization and
Employees.

§ 14c. Availability for expense of recording donated lands
Appropriations made for the National Park
Service shall be available for any expenses incident to the preparation and recording of title
evidence covering lands to be donated to the
United States for administration by the National Park Service.
(June 28, 1941, ch. 259, § 1, 55 Stat. 350.)
TRANSFER OF FUNCTIONS
For transfer of functions of other officers, employees,
and agencies of Department of the Interior, with certain exceptions, to Secretary of the Interior, with
power to delegate, see Reorg. Plan No. 3 of 1950, §§ 1, 2,
eff. May 24, 1950, 15 F.R. 3174, 64 Stat. 1262, set out in
the Appendix to Title 5, Government Organization and
Employees.

§ 14d. Use of funds for law enforcement and
emergencies
On and after October 5, 1992, any funds, not to
exceed $250,000 per incident, available to the National Park Service may be used, with the approval of the Secretary, to maintain law and
order in emergency and other unforeseen law enforcement situations and conduct emergency
search and rescue operations in the National
Park System: Provided further, That any exercise of this authority must be replenished by a
supplemental appropriation which must be requested as promptly as possible.
(Pub. L. 102–381, title I, Oct. 5, 1992, 106 Stat.
1384; Pub. L. 103–332, title I, Sept. 30, 1994, 108
Stat. 2507.)
AMENDMENTS
1994—Pub. L. 103–332 inserted ‘‘, not to exceed $250,000
per incident,’’ after ‘‘funds’’ and ‘‘: Provided further,
That any exercise of this authority must be replenished
by a supplemental appropriation which must be requested as promptly as possible’’ after ‘‘System’’.

Page 56

§ 14e. Contribution for annuity benefits
For reimbursement (not heretofore made),
pursuant to provisions of Public Law 85–157, to
the District of Columbia on a monthly basis for
benefit payments by the District of Columbia to
United States Park Police annuitants under the
provisions of the Policeman and Fireman’s Retirement and Disability Act (Act), to the extent
those payments exceed contributions made by
active Park Police members covered under the
Act, such amounts as hereafter may be necessary: Provided, That hereafter the appropriations made to the National Park Service shall
not be available for this purpose.
(Pub. L. 107–63, title I, Nov. 5, 2001, 115 Stat. 424.)
REFERENCES IN TEXT
Public Law 85–157, referred to in text, is Pub. L.
85–157, Aug. 21, 1957, 71 Stat. 391, as amended, known as
the Policemen and Firemen’s Retirement and Disability Act amendments of 1957, which is not classified to
the Code.
The Policeman and Fireman’s Retirement and Disability Act, referred to in text, probably means the Policemen and Firemen’s Retirement and Disability Act,
act Sept. 1, 1916, ch. 433, § 12, 39 Stat. 718, as amended,
which is not classified to the Code.

§ 15. Appropriations for purchase of equipment;
waterproof footwear
Appropriations whenever made for the National Park Service, which are available for the
purchase of equipment may be used for purchase
of waterproof footwear which shall be regarded
and listed as park equipment.
(Mar. 7, 1928, ch. 137, § 1, 45 Stat. 238.)
§ 16. Central warehouses at parks and monuments; maintenance; purchase of supplies
and materials; distribution
The Secretary of the Interior, in his administration of the national parks and national
monuments, is authorized to maintain central
warehouses at said parks and monuments, and
appropriations made for the administration,
protection, maintenance, and improvement of
the said parks and monuments shall be available
for the purchase of supplies and materials to be
kept in said central warehouses for distribution
at cost, including transportation and handling,
to projects under specific appropriations, and
transfers between the various appropriations
made for the national parks and national monuments 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; and such
supplies and materials as remain therein at the
end of any fiscal year shall be continuously
available for issuance during subsequent fiscal
years and to be charged for by such transfers of
funds between appropriations made for the administration, protection, maintenance, and improvement of said parks and monuments for the
fiscal year then current without decreasing in
any way the appropriations made for that fiscal
year: Provided, That supplies and materials shall
not be purchased solely for the purpose of increasing the value of storehouse stock beyond

Page 57

§ 17f

TITLE 16—CONSERVATION

reasonable requirements for any current fiscal
year.
(Apr. 18, 1930, ch. 187, 46 Stat. 219.)
TRANSFER OF FUNCTIONS
Functions of procurement of supplies, services,
stores, etc., exercised by any other agency transferred
to Procurement Division in Department of the Treasury by Ex. Ord. No. 6166, § 1, June 10, 1933, set out as a
note under section 901 of Title 5, Government Organization and Employees. Procurement Division changed to
Bureau of Federal Supply by Department of the Treasury Order 73 dated Nov. 19, 1946. Bureau transferred on
July 1, 1949, to General Services Administration, where
it functions as Federal Supply Service [now Federal
Acquisition Service], pursuant to act June 30, 1949, ch.
288, title I, § 102, 63 Stat. 380, which was repealed and reenacted as section 303(a) of Title 40, Public Buildings,
Property, and Works, by Pub. L. 107–217, §§ 1, 6(b), Aug.
21, 2002, 116 Stat. 1062, 1304. Section 303(a) of Title 40
was amended generally by Pub. L. 109–313, § 2(a)(1), Oct.
6, 2006, 120 Stat. 1734, and, as so amended, no longer relates to the Bureau of Federal Supply. See Historical
and Revision Notes and 2006 Amendment note under
section 303 of Title 40.

§ 17. Personal equipment and supplies for employees; purchase by Secretary of the Interior; deductions from moneys due employees
The Secretary of the Interior is authorized to
purchase personal equipment and supplies for
employees of the National Park Service, and to
make deductions therefor from moneys appropriated for salary payments or otherwise due
such employees.
(May 26, 1930, ch. 324, § 1, 46 Stat. 381.)
TRANSFER OF FUNCTIONS
For transfer of functions of other officers, employees,
and agencies of Department of the Interior, with certain exceptions, to Secretary of the Interior, with
power to delegate, see Reorg. Plan No. 3 of 1950, §§ 1, 2,
eff. May 24, 1950, 15 F.R. 3174, 64 Stat. 1262, set out in
the Appendix to Title 5, Government Organization and
Employees.

TRANSFER OF FUNCTIONS
For transfer of functions of other officers, employees,
and agencies of Department of the Interior, with certain exceptions, to Secretary of the Interior, with
power to delegate, see Reorg. Plan No. 3 of 1950, §§ 1, 2,
eff. May 24, 1950, 15 F.R. 3174, 64 Stat. 1262, set out in
the Appendix to Title 5, Government Organization and
Employees.

§ 17b–1. Repealed. Pub. L. 105–391, title IV,
§ 415(b)(3), Nov. 13, 1998, 112 Stat. 3516
Section, acts July 31, 1953, ch. 298, title I, § 1, 67 Stat.
271; July 14, 1956, ch. 598, 70 Stat. 543; Pub. L. 91–383,
§ 12(c), as added Pub. L. 94–458, § 2, Oct. 7, 1976, 90 Stat.
1943, related to transmittal of reports of proposed contract and lease awards to Congressional officers by Secretary.

§ 17c. Procurement of supplies, materials, and
special services to aid permittees and licensees in emergencies; authority of Secretary of the Interior
The Secretary of the Interior is authorized in
emergencies, when no other source is available
for the immediate procurement of supplies, materials, or special services, to aid and assist
grantees, permittees, or licensees conducting operations for the benefit of the public in the national parks and national monuments by the
sale at cost, including transportation and handling of such supplies, materials, or special services as may be necessary to relieve the emergency and insure uninterrupted service to the
public: Provided, That the receipts from such
sales shall be deposited as a refund to the appropriation or appropriations current at the date of
covering in of such deposit, and shall be available for expenditure for national-park and national-monument purposes.
(May 26, 1930, ch. 324, § 4, 46 Stat. 382.)
§ 17d. Omitted
CODIFICATION

Section, act May 26, 1930, ch. 324, § 2, 46 Stat. 382, provided for travel allowances and mileage for administration of National Park Service.

Section, act May 26, 1930, ch. 324, § 5, 46 Stat. 382,
which provided that section 543 of former title 31
should not be construed to prohibit the acceptance of
traveler’s checks and other forms of money equivalent
in payment of automobile license fees, etc. charged at
national parks, was omitted as obsolete in view of the
repeal of section 543 of former title 31 by Pub. L. 97–258,
§ 5(b), Sept. 13, 1982, 96 Stat. 1068.

§ 17b. Services or other accommodations for public; contracts; rates

§ 17e. Care and removal of indigents; disposition
of dead persons

The Secretary of the Interior is authorized to
contract for services or other accommodations
provided in the national parks and national
monuments for the public under contract with
the Department of the Interior, as may be required in the administration of the National
Park Service, at rates approved by him for the
furnishing of such services or accommodations
to the Government and without compliance with
the provisions of section 6101 of title 41.

The Secretary of the Interior is authorized, in
his discretion, to provide, out of moneys appropriated for the general expenses of the several
national parks, for the temporary care and removal from the park of indigents, and in case of
death to provide for their burial in those national parks not under local jurisdiction for
these purposes, this section in no case to authorize transportation of such indigent or dead for a
distance of more than fifty miles from the national park.

(May 26, 1930, ch. 324, § 3, 46 Stat. 382.)

(May 26, 1930, ch. 324, § 6, 46 Stat. 382.)

§ 17a. Repealed. Pub. L. 89–554, § 8(a), Sept. 6,
1966, 80 Stat. 647

CODIFICATION
In text, ‘‘section 6101 of title 41’’ substituted for ‘‘section 3709 of the Revised Statutes of the United States’’
on authority of Pub. L. 111–350, § 6(c), Jan. 4, 2011, 124
Stat. 3854, which Act enacted Title 41, Public Contracts.

§ 17f. Property of employee lost, damaged, or destroyed while in use on official business; reimbursement of employee
The Secretary of the Interior in his administration of the National Park Service is author-

§ 17g

TITLE 16—CONSERVATION

ized to reimburse employees and other owners of
horses, vehicles, and other equipment lost, damaged, or destroyed while in the custody of such
employee or the Department of the Interior,
under authorization, contract, or loan, for necessary fire fighting, trail, or other official business, such reimbursement to be made from any
available funds in the appropriation to which
the hire of such equipment would be properly
chargeable.
(May 26, 1930, ch. 324, § 7, 46 Stat. 382.)
TRANSFER OF FUNCTIONS
For transfer of functions of other officers, employees,
and agencies of Department of the Interior, with certain exceptions, to Secretary of the Interior, with
power to delegate, see Reorg. Plan No. 3 of 1950, §§ 1, 2,
eff. May 24, 1950, 15 F.R. 3174, 64 Stat. 1262, set out in
the Appendix to Title 5, Government Organization and
Employees.

§ 17g. Equipment required by field employees; by
whom furnished and maintained
The Secretary of the Interior may require
field employees of the National Park Service to
furnish horses, motor and other vehicles, and
miscellaneous equipment necessary for the performance of their official work; and he may provide, at Government expense, forage, care, and
housing for animals, and housing or storage and
fuel for vehicles and other equipment so required to be furnished.
(May 26, 1930, ch. 324, § 8, 46 Stat. 383.)
TRANSFER OF FUNCTIONS
For transfer of functions of other officers, employees,
and agencies of Department of the Interior, with certain exceptions, to Secretary of the Interior, with
power to delegate, see Reorg. Plan No. 3 of 1950, §§ 1, 2,
eff. May 24, 1950, 15 F.R. 3174, 64 Stat. 1262, set out in
the Appendix to Title 5, Government Organization and
Employees.

§ 17h. Hire, rental, and purchase of property of
employees; when authorized
The Secretary of the Interior may, under such
regulations as he may prescribe, authorize the
hire, rental, or purchase of property from employees of the National Park Service whenever
the public interest will be promoted thereby.
(May 26, 1930, ch. 324, § 9, 46 Stat. 383.)

Page 58

(May 26, 1930, ch. 324, § 10, 46 Stat. 383.)
REFERENCES IN TEXT
Sections 3709 and 3744 of the Revised Statutes, referred to in text, were classified to sections 5 and 16, respectively, of former Title 41, Public Contracts. Section
3709 was repealed and restated in section 6101 of Title
41, Public Contracts, by Pub. L. 111–350, §§ 3, 7(b), Jan.
4, 2011, 124 Stat. 3677, 3855. Section 3744 was repealed by
act Oct. 21, 1941, ch. 452, 55 Stat. 743.
TRANSFER OF FUNCTIONS
For transfer of functions of other officers, employees,
and agencies of Department of the Interior, with certain exceptions, to Secretary of the Interior, with
power to delegate, see Reorg. Plan No. 3 of 1950, §§ 1, 2,
eff. May 24, 1950, 15 F.R. 3174, 64 Stat. 1262, set out in
the Appendix to Title 5, Government Organization and
Employees.

§ 17j. Traveling expenses of National Park System employees and dependents of deceased
employees
In the administration of the National Park
System, the Secretary of the Interior is authorized, under regulations prescribed by him, to
pay (a) the traveling expenses of employees, including the costs of packing, crating, and transporting (including draying) their personal property, upon permanent change of station of such
employees and (b) the traveling expenses as
aforesaid of dependents of deceased employees
(i) to the nearest housing reasonably available
and of a standard not less than that which is vacated, and to include compensation for not to
exceed sixty days rental cost thereof, in the case
of an employee who occupied Government housing and the death of such employee requires
that housing to be promptly vacated, and (ii) to
the nearest port of entry in the conterminous
forty-eight States in the case of an employee
whose last permanent station was outside the
conterminous forty-eight States.
(May 26, 1930, ch. 324, § 11, 46 Stat. 383; Pub. L.
91–383, § 5, Aug. 18, 1970, as added Pub. L. 94–458,
§ 2, Oct. 7, 1976, 90 Stat. 1939.)
AMENDMENTS
1976—Pub. L. 91–383, § 5, as added by Pub. L. 94–458, included travel expenses for dependents of a deceased National Park System employee.

TRANSFER OF FUNCTIONS

TRANSFER OF FUNCTIONS

For transfer of functions of other officers, employees,
and agencies of Department of the Interior, with certain exceptions, to Secretary of the Interior, with
power to delegate, see Reorg. Plan No. 3 of 1950, §§ 1, 2,
eff. May 24, 1950, 15 F.R. 3174, 64 Stat. 1262, set out in
the Appendix to Title 5, Government Organization and
Employees.

For transfer of functions of other officers, employees,
and agencies of Department of the Interior, with certain exceptions, to Secretary of the Interior, with
power to delegate, see Reorg. Plan No. 3 of 1950, §§ 1, 2,
eff. May 24, 1950, 15 F.R. 3174, 64 Stat. 1262, set out in
the Appendix to Title 5, Government Organization and
Employees.

§ 17i. Hire of work animals, vehicles and equipment with or without personal services; rates

§ 17j–1. Omitted

The National Park Service 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 of the Interior and without compliance
with the provisions of sections 3709 1 and 3744 1 of
the Revised Statutes.
1 See

References in Text note below.

CODIFICATION
Section, act June 18, 1940, ch. 395, § 1, 54 Stat. 445,
which related to travel expenses for attendance of National Park Service field employees at authorized
meetings, was enacted as part of the Interior Department Appropriations Act, 1941, and was not repeated in
the Interior Department Appropriations Act, 1942 (approved June 28, 1941, ch. 259, 55 Stat. 303), or subsequent
appropriation acts. Similar provisions were contained
in prior appropriation acts.

Page 59

§ 17k

TITLE 16—CONSERVATION

§ 17j–2. Authorization of appropriations for road
maintenance and repair; administrative expenses; lectures, investigations, telephone
service, etc.
Appropriations for the National Park Service
are authorized for—
(a) Necessary protection of the area of federally owned land in the custody of the National
Park Service known as the Ocean Strip and
Queets Corridor, adjacent to Olympic National
Park, Washington; necessary repairs to the
roads from Glacier Park Station through the
Blackfeet Indian Reservation to the various
points in the boundary line of Glacier National
Park, Montana, and the international boundary;
repair and maintenance of approximately two
and seventy-seven one-hundredths miles of road
leading from United States Highway 187 to the
north entrance of Grand Teton National Park,
Wyoming; maintenance of approach roads
through the Lassen National Forest leading to
Lassen Volcanic National Park, California;
maintenance and repair of the Generals Highway between the boundaries of Sequoia National
Park, California, and the Grant Grove section of
Kings Canyon National Park, California; maintenance of approximately two and one-fourth
miles of roads comprising those portions of the
Fresno-Kings Canyon approach road, Park Ridge
Lookout Road, and Ash Mountain-Advance
truck trail, necessary to the administration and
protection of the Sequoia and Kings Canyon National Parks; maintenance of the roads in the
national forests leading out of Yellowstone National Park, Wyoming, Idaho, and Montana;
maintenance of the road in the Stanislaus National Forest connecting the Tioga Road with
the Hetch Hetchy Road near Mather Station,
Yosemite National Park, California; and maintenance and repair of the approach road to the
Little Bighorn Battlefield National Monument
and the road connecting the said monument
with the Reno Monument site, Montana; repair
and maintenance of the class ‘‘C’’ road lying between the terminus of F.A. 383 at the east
boundary of Coronado National Forest and the
point where said class ‘‘C’’ road enters Coronado
National Memorial in the vicinity of Montezuma
Pass, approximately 5.3 miles.
(b) Administration, protection, improvement,
and maintenance of areas, under the jurisdiction
of other agencies of the Government, devoted to
recreational use pursuant to cooperative agreements.
(c) Necessary local transportation and subsistence in kind of persons selected for employment
or as cooperators, serving without other compensation, while attending fire-protection training camps.
(d) Administration, protection, maintenance,
and improvement of the Chesapeake and Ohio
Canal.
(e) Educational lectures in or in the vicinity of
and with respect to the national parks, national
monuments, and other reservations under the
jurisdiction of the National Park Service; and
services of field employees in cooperation with
such nonprofit scientific and historical societies
engaged in educational work in the various
parks and monuments as the Secretary of the
Interior may designate.

(f) Travel expenses of employees attending
Government camps for training in forest-fire
prevention and suppression and the Federal Bureau of Investigation National Police Academy,
and attending Federal, State, or municipal
schools for training in building fire prevention
and suppression.
(g) Investigation and establishment of water
rights in accordance with local custom, laws,
and decisions of courts, including the acquisition of water rights or of lands or interests in
lands or rights-of-way for use and protection of
water rights necessary or beneficial in the administration and public use of the national
parks and monuments.
(h) Acquisition of rights-of-way and construction and maintenance of a water supply line
partly outside the boundaries of Mesa Verde National Park.
(i) Official telephone service in the field in the
case of official telephones installed in private
houses when authorized under regulations established by the Secretary.
(j) Provide transportation for children in nearby communities to and from any unit of the National Park System used in connection with organized recreation and interpretive programs of
the National Park Service.
(Aug. 7, 1946, ch. 788, 60 Stat. 885; Pub. L. 86–689,
§ 3, Sept. 2, 1960, 74 Stat. 737; Pub. L. 102–201, title
I, § 101, Dec. 10, 1991, 105 Stat. 1631; Pub. L.
104–333, div. I, title VIII, § 802, Nov. 12, 1996, 110
Stat. 4186.)
AMENDMENTS
1996—Subsec. (j). Pub. L. 104–333 added subsec. (j).
1960—Subsec. (a). Pub. L. 86–689 authorized appropriations for the repair and maintenance of the class ‘‘C’’
road lying between the terminus of F.A. 383 at the east
boundary of Coronado National Forest and the point
where said class ‘‘C’’ road enters Coronado National
Memorial in the vicinity of Montezuma Pass.
CHANGE OF NAME
‘‘Little Bighorn Battlefield National Monument’’
substituted in text for ‘‘Custer Battlefield National
Monument’’ pursuant to Pub. L. 102–201.
TRANSFER OF FUNCTIONS
For transfer of functions of other officers, employees,
and agencies of Department of the Interior, with certain exceptions, to Secretary of the Interior, with
power to delegate, see Reorg. Plan No. 3 of 1950, §§ 1, 2,
eff. May 24, 1950, 15 F.R. 3174, 64 Stat. 1262, set out in
the Appendix to Title 5, Government Organization and
Employees.

§ 17k. Park, parkway and recreational-area programs; study by National Park Service; consent of States; purpose; cooperation of government agencies
The Secretary of the Interior (hereinafter referred to as the ‘‘Secretary’’) is authorized and
directed to cause the National Park Service to
make a comprehensive study, other than on
lands under the jurisdiction of the Department
of Agriculture, of the public park, parkway, and
recreational-area programs of the United States,
and of the several States and political subdivisions thereof, and of the lands throughout the
United States which are or may be chiefly valuable as such areas, but no such study shall be

§ 17l

TITLE 16—CONSERVATION

made in any State without the consent and approval of the State officials, boards, or departments having jurisdiction over such lands and
park areas. The said 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. In making the said study and in
accomplishing any of the purposes of this section and sections 17l to 17n of this title, the Secretary is authorized and directed, through the
National Park Service, to seek and accept the
cooperation and assistance of Federal departments or agencies having jurisdiction of lands
belonging to the United States, and may cooperate and make agreements with and seek and accept the assistance of other Federal agencies
and instrumentalities, and of States and political subdivisions thereof and the agencies and instrumentalities of either of them.
(June 23, 1936, ch. 735, § 1, 49 Stat. 1894.)
TRANSFER OF FUNCTIONS
For transfer of functions of other officers, employees,
and agencies of Department of the Interior, with certain exceptions, to Secretary of the Interior, with
power to delegate, see Reorg. Plan No. 3 of 1950, §§ 1, 2,
eff. May 24, 1950, 15 F.R. 3174, 64 Stat. 1262, set out in
the Appendix to Title 5, Government Organization and
Employees.
NATIONAL OUTDOOR RECREATION RESOURCES REVIEW
COMMISSION
Pub. L. 85–470, June 28, 1958, 72 Stat. 238, as amended
by Pub. L. 86–6, Mar. 25, 1959, 73 Stat. 14; Pub. L. 87–12,
Mar. 29, 1961, 75 Stat. 19, created a bipartisan Outdoor
Recreation Resources Review Commission.
The Commission was directed to proceed as soon as
practicable to set in motion a nationwide inventory
and evaluation of outdoor recreation resources and opportunities, directly and through the Federal agencies,
the States, and private organizations and groups, utilizing to the fullest extent possible such studies, data,
and reports previously prepared or concurrently in
process by Federal agencies, States, private organizations, groups, and others, and to compile such data and
in the light of the data so compiled and of information
available concerning trends in population, leisure,
transportation, and other factors shall determine the
amount, kind, quality, and location of such outdoor
recreation resources and opportunities as will be required by the year 1976 and the year 2000, and shall recommend what policies should best be adopted and what
programs be initiated, at each level of government and
by private organizations and other citizen groups and
interests, to meet such future requirements.
The Commission was required to present not later
than January 31, 1962, a report of its review, a compilation of its data, and its recommendations on a State by
State, region by region, and national basis to the President and to the Congress, and ceased to exist not later
than September 1, 1962.
OUTDOOR RECREATION PROGRAMS
Coordination and development of programs relating
to outdoor recreation, see sections 460l to 460l–3 of this
title.

§ 17l. Coordination; planning by States with aid
of National Park Service
For the purpose of developing coordinated and
adequate public park, parkway, and recreational-area facilities for the people of the
United States, the Secretary is authorized to aid

Page 60

the several States and political subdivisions
thereof in planning such areas therein, and in
cooperating with one another to accomplish
these ends. Such aid shall be made available
through the National Park Service acting in cooperation with such State agencies or agencies
of political subdivisions of States as the Secretary deems best.
(June 23, 1936, ch. 735, § 2, 49 Stat. 1894.)
TRANSFER OF FUNCTIONS
For transfer of functions of other officers, employees,
and agencies of Department of the Interior, with certain exceptions, to Secretary of the Interior, with
power to delegate, see Reorg. Plan No. 3 of 1950, §§ 1, 2,
eff. May 24, 1950, 15 F.R. 3174, 64 Stat. 1262, set out in
the Appendix to Title 5, Government Organization and
Employees.

§ 17m. Consent of Congress to agreements between States; when agreements effective
The consent of Congress is given to any two 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 such compact or agreement shall be effective until approved by the
legislatures of the several States which are parties thereto and by the Congress of the United
States.
(June 23, 1936, ch. 735, § 3, 49 Stat. 1895.)
§ 17n. ‘‘State’’ defined
As used in sections 17k and 17l of this title the
term ‘‘State’’ shall be deemed to include Hawaii,
Alaska, Puerto Rico, Guam, the Virgin Islands,
and the District of Columbia.
(June 23, 1936, ch. 735, § 4, 49 Stat. 1895; Aug. 1,
1956, ch. 852, § 6, 70 Stat. 908.)
AMENDMENTS
1956—Act Aug. 1, 1956, inserted ‘‘Guam’’ after ‘‘Puerto
Rico’’.
ADMISSION OF ALASKA AND HAWAII TO STATEHOOD
Alaska was admitted into the Union on Jan. 3, 1959,
on issuance of Proc. No. 3269, Jan. 3, 1959, 24 F.R. 81, 73
Stat. c16, and Hawaii was admitted into the Union on
Aug. 21, 1959, on issuance of Proc. No. 3309, Aug. 21, 1959,
24 F.R. 6868, 73 Stat. c74. For Alaska Statehood Law,
see Pub. L. 85–508, July 7, 1958, 72 Stat. 339, set out as
a note preceding section 21 of Title 48, Territories and
Insular Possessions. For Hawaii Statehood Law, see
Pub. L. 86–3, Mar. 18, 1959, 73 Stat. 4, set out as a note
preceding section 491 of Title 48.

§ 17o. National Park Service housing improvement
(1) Purposes
The purposes of this section are—
(A) to develop where necessary an adequate
supply of quality housing units for field employees of the National Park Service within a
reasonable time frame;
(B) to expand the alternatives available for
construction and repair of essential Government housing;
(C) to rely on the private sector to finance
or supply housing in carrying out this section,

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TITLE 16—CONSERVATION

to the maximum extent possible, in order to
reduce the need for Federal appropriations;
(D) to ensure that adequate funds are available to provide for long-term maintenance
needs of field employee housing; and
(E) to eliminate unnecessary Government
housing and locate such housing as is required
in a manner such that primary resource values
are not impaired.
(2) General authority
To enhance the ability of the Secretary of the
Interior (hereafter in this section referred to as
‘‘the Secretary’’), acting through the Director of
the National Park Service, to effectively manage units of the National Park System, the Secretary is authorized where necessary and justified to make available employee housing, on or
off the lands under the administrative jurisdiction of the National Park Service, and to rent or
lease such housing to field employees of the National Park Service at rates based on the reasonable value of the housing in accordance with
requirements applicable under section 5911 of
title 5.
(3) Review and revision of housing criteria
On November 12, 1996, the Secretary shall review and revise the existing criteria under
which housing is provided to employees of the
National Park Service. Specifically, the Secretary shall examine the existing criteria with
respect to what circumstances the National
Park Service requires an employee to occupy
Government quarters to provide necessary services, protect Government property, or because of
a lack of availability of non-Federal housing in
the geographic area.
(4) Submission of report
A report detailing the results of the revisions
required by paragraph (3) shall be submitted to
the Committee on Resources of the House of
Representatives and the Committee on Energy
and Natural Resources of the Senate not later
than 180 days after November 12, 1996. The report
shall include justifications for keeping, or for
changing, each of the criteria or factors used by
the Department of the Interior with regard to
the provision of housing to employees of the National Park Service.
(5) Review of condition of and costs relating to
housing
Using the revised criteria developed under
paragraph (3), the Secretary shall undertake a
review, for each unit of the National Park System, of existing government-owned 1 housing
provided to employees of the National Park
Service. The review shall include an assessment
of the physical condition of such housing and
the suitability of such housing to effectively
carry out the missions of the Department of the
Interior and the National Park Service. For
each unit of such housing, the Secretary shall
determine whether the unit is needed and justified. The review shall include estimates of the
cost of bringing each unit that is needed and
justified into usable condition that meets all applicable legal housing requirements or, if the
1 So

in original. Probably should be capitalized.

§ 17o

unit is determined to be obsolete but is still
warranted to carry out the missions of the Department of the Interior and the National Park
Service, the cost of replacing the unit.
(6) Authorization for housing agreements
For those units of the National Park System
for which the review required by paragraphs (3)
and (5) has been completed, the Secretary is authorized, pursuant to the authorities contained
in this section and subject to the appropriation
of necessary funds in advance, to enter into
housing agreements with housing entities under
which such housing entities may develop, construct, rehabilitate, or manage housing, located
on or off public lands, for rent or lease to National Park Service employees who meet the
housing eligibility criteria developed by the
Secretary pursuant to this section.
(7) Joint public-private sector housing programs
(A) Lease to build program
Subject to the appropriation of necessary
funds in advance, the Secretary may—
(i) lease 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
(ii) lease developed and undeveloped nonFederal land for providing field employee
quarters.
(B) Competitive leasing
Each lease under subparagraph (A)(i) shall
be awarded through the use of publicly advertised, competitively bid, or competitively negotiated contracting procedures.
(C) Terms and conditions
Each lease under subparagraph (A)(i)—
(i) shall stipulate whether operation and
maintenance of field employee quarters is to
be provided by the lessee, field employees or
the Federal Government;
(ii) shall require that the construction and
rehabilitation of field employee quarters be
done in accordance with the requirements of
the National Park Service and local applicable building codes and industry standards;
(iii) shall contain such additional terms
and conditions as may be appropriate to protect the Federal interest, including limits on
rents 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
(iv) may be granted at less than fair market value if the Secretary determines that
such lease will improve the quality and
availability of field employee quarters available.
(D) Contributions by United States
The Secretary may make payments, subject
to appropriations, or contributions in kind either in advance of or on a continuing basis to
reduce the costs of planning, construction, or
rehabilitation of quarters on or off Federal
lands under a lease under this paragraph.
(8) Rental guarantee program
(A) General authority
Subject to the appropriation of necessary
funds in advance, the Secretary may enter

§ 17o

TITLE 16—CONSERVATION

into a lease to build arrangement as set forth
in paragraph (7) with further agreement to
guarantee the occupancy of field employee
quarters constructed or rehabilitated under
such lease. A guarantee made under this paragraph shall be in writing.
(B) Limitations
The Secretary may not guarantee—
(i) the occupancy of more than 75 percent
of the units constructed or rehabilitated
under such 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.
In no event shall outstanding guarantees be in
excess of $3,000,000,2
(C) Rental to Government employees
A guarantee may be made under this section
only if the lessee agrees to permit the Secretary to utilize for housing purposes any
units for which the guarantee is made 3
(D) Failure to maintain a satisfactory level of
operation and maintenance
The lease shall be null and void if the lessee
fails to maintain a satisfactory level of operation and maintenance.
(9) 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.
(10) Contracts for the management of field employee quarters
(A) General authority
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.
(B) Terms and conditions
Any such contract shall contain such terms
and conditions as the Secretary deems necessary or appropriate to protect the interests
of the United States and assure that necessary
quarters are available to field employees.
(11) Leasing of seasonal employee quarters
(A) General authority
Subject to subparagraph (B), the Secretary
may lease quarters at or near a unit of the national park system for use as seasonal quarters for field employees. The rent charged to
field employees under such a lease shall be a
rate based on the reasonable value of the quarters in accordance with requirements applicable under section 5911 of title 5.
(B) Limitation
The Secretary may only issue a lease under
subparagraph (A) if the Secretary finds that
there is a shortage of adequate and affordable
seasonal quarters at or near such unit and
that—
2 So
3 So

in original. The comma probably should be a period.
in original. Probably should be followed by a period.

Page 62

(i) the requirement for such seasonal field
employee quarters is temporary; or
(ii) leasing would be more cost-effective
than construction of new seasonal field employee quarters.
(C) Unrecovered costs
The Secretary may pay the unrecovered
costs of leasing seasonal quarters under this
paragraph from annual appropriations for the
year in which such lease is made.
(12) Survey of existing facilities
The Secretary shall—
(A) complete a condition assessment for all
field employee housing, including the physical
condition of such housing and the necessity
and suitability of such housing for carrying
out the agency mission, using existing information; and
(B) develop an agency-wide priority listing,
by structure, identifying those units in greatest need for repair, rehabilitation, replacement, or initial construction.
(13) Use of housing-related funds
Expenditure of any funds authorized and appropriated for new construction, repair, or rehabilitation of housing under this section shall follow the housing priority listing established by
the agency under paragraph (12), in sequential
order, to the maximum extent practicable.
(14) Annual budget submittal
The President’s proposed budget to Congress
for the first fiscal year beginning after November 12, 1996, and for each subsequent fiscal year,
shall include identification of nonconstruction
funds to be spent for National Park Service
housing maintenance and operations which are
in addition to rental receipts collected.
(15) Study of housing allowances
Within 12 months after November 12, 1996, the
Secretary shall conduct a study to determine
the feasibility of providing eligible employees of
the National Park Service with housing allowances rather than Government housing. The
study shall specifically examine the feasibility
of providing rental allowances to temporary and
lower paid permanent employees. Whenever the
Secretary submits a copy of such study to the
Office of Management and Budget, he shall concurrently transmit copies of the report to the
Resources Committee of the United States
House of Representatives and the Committee on
Energy and Natural Resources of the United
States Senate.
(16) Study of sale of employee housing
Within 18 months of November 12, 1996, the
Secretary shall complete a study of the sale of
Government quarters to a cooperative consisting of field employees. The Secretary shall examine the potential benefits to the Government
as well as the employees and any risks associated with such a program.
(17) General provisions
(A) Construction limitations on Federal lands
The Secretary may not utilize any lands for
the purposes of providing field employee housing under this section which will impact pri-

Page 63

§ 18a

TITLE 16—CONSERVATION

mary resource values of the area or adversely
affect the mission of the agency.
(B) Rental rates
To the extent practicable, the Secretary
shall establish rental rates for all quarters occupied by field employees of the National Park
Service that are based on the reasonable value
of the quarters in accordance with requirements applicable under section 5911 of title 5.
(C) Exemption from leasing requirements
The provisions of section 460l–22 of this title
and section 1302 of title 40 shall not apply to
leases issued by the Secretary under this section.
(18) Proceeds
The proceeds from any lease under paragraph
(7)(A) and any lease under paragraph (11) shall
be retained by the National Park Service. Such
proceeds shall be deposited into the special fund
established for maintenance and operation of
quarters.
(19) Definitions
For purposes of this section:
(A) The term ‘‘field employee’’ means—
(i) an employee of the National Park Service who is exclusively assigned by the National Park Service to perform duties at a
field unit, and the members of their family;
and
(ii) other individuals who are authorized to
occupy Government quarters under section
5911 of title 5, and for whom there is no feasible alternative to the provision of Government housing, and the members of their
family.
(B) The term ‘‘land management agency’’
means the National Park Service, Department
of the Interior.
(C) The term ‘‘primary resource values’’
means resources which are specifically mentioned in the enabling legislation for that field
unit or other resource value recognized under
Federal statute.
(D) The term ‘‘quarters’’ means quarters
owned or leased by the Government.
(E) The term ‘‘seasonal quarters’’ means
quarters typically occupied by field employees
who are hired on assignments of 6 months or
less.
(Pub. L. 104–333, div. I, title VIII, § 814(a), Nov.
12, 1996, 110 Stat. 4190; Pub. L. 106–176, title I,
§ 120(a)(1), Mar. 10, 2000, 114 Stat. 28.)
REFERENCES IN TEXT
This section, referred to in pars. (1), (6), (13), and
(17)(A), (C), means section 814 of title VIII of div. I of
Pub. L. 104–333 which enacted this section and sections
1f and 346e of this title and made numerous amendments to this title. The reference probably should have
been ‘‘this subsection’’ meaning subsec. (a) of section
814 which enacted this section.
CODIFICATION
‘‘Section 1302 of title 40’’ substituted in par. (17)(C)
for ‘‘section 321 of the Act of June 30, 1932 (40 U.S.C.
303b; 47 Stat. 412)’’ on authority of Pub. L. 107–217, § 5(c),
Aug. 21, 2002, 116 Stat. 1303, the first section of which
enacted Title 40, Public Buildings, Property, and
Works.

AMENDMENTS
2000—Par. (6). Pub. L. 106–176, § 120(a)(1)(A), substituted ‘‘this section’’ for ‘‘this Act’’ before period at
end.
Par. (7)(B). Pub. L. 106–176, § 120(a)(1)(B), substituted
‘‘Competitive leasing’’ for ‘‘Comptetitive leasing’’ in
subpar. heading.
Par. (9). Pub. L. 106–176, § 120(a)(1)(C), substituted
‘‘granted by statute’’ for ‘‘granted by statue’’.
Par. (11)(B)(ii). Pub. L. 106–176, § 120(a)(1)(D), substituted ‘‘more cost-effective’’ for ‘‘more cost effective’’.
Par. (13). Pub. L. 106–176, § 120(a)(1)(E), substituted
‘‘paragraph (12),’’ for ‘‘paragraph (13),’’.
Par. (18). Pub. L. 106–176, § 120(a)(1)(F), substituted
‘‘under paragraph (7)(A) and any lease under paragraph
(11)’’ for ‘‘under paragraph (7)(A)(i)(I), any lease under
paragraph (11)(B), and any lease of seasonal quarters
under subsection (l),’’.
CHANGE OF NAME
Committee on Resources of House of Representatives
changed to Committee on Natural Resources of House
of Representatives by House Resolution No. 6, One Hundred Tenth Congress, Jan. 5, 2007.

§ 18. Promotion of tourist travel
The Secretary of Commerce shall encourage,
promote, and develop travel within the United
States, including any Commonwealth, territory,
and possession thereof, through activities which
are in the public interest and which do not compete with activities of any State, city, or private agency.
(July 19, 1940, ch. 642, § 1, 54 Stat. 773; Pub. L.
93–193, § 2, Dec. 19, 1973, 87 Stat. 765; Pub. L.
94–55, § 2(b), July 9, 1975, 89 Stat. 262.)
AMENDMENTS
1975—Pub. L. 94–55 substituted ‘‘shall encourage, promote, and develop travel within the United States, including any Commonwealth, territory, and possession
thereof, through activities which are in the public interest and which do not compete with activities of any
State, city, or private agency’’ for ‘‘is authorized and
directed to encourage, promote, and develop travel
within the United States, its Territories and possessions, providing such activities do not compete with
the activities of private agencies; and to administer all
existing travel promotion functions of the Department
of Commerce’’.
TRANSFER OF FUNCTIONS
Pub. L. 93–193, § 2, Dec. 19, 1973, 87 Stat. 765, provided
that:
‘‘(a) There are hereby transferred to and vested in the
Secretary of Commerce all functions, powers, and duties of the Secretary of the Interior and other offices
and officers of the Department of the Interior under the
Act of July 19, 1940 (54 Stat. 773; 16 U.S.C. 18–18d).
‘‘(b) The assets, liabilities, contracts, property,
records, authorizations, and allocations, employed,
held, used, rising from, available or to be made available in connection with the functions, powers, and duties transferred by subsection (a) of this section are
hereby transferred to the Secretary of Commerce.’’

§ 18a. Cooperation with travel agencies; publication of information
In carrying out the purposes of sections 18 to
18d of this title, the Secretary is authorized to
cooperate with public and private tourist, travel, and other agencies in the display of exhibits,
and in the collection, publication, and dissemination of information with respect to places of

§ 18b

TITLE 16—CONSERVATION

interest, routes, transportation facilities, accommodations, and such other matters as he
deems advisable and advantageous for the purpose of encouraging, promoting, or developing
such travel. Nothing in said sections shall prohibit the preparation of graphic materials in foreign languages, designed to call attention to the
attractions and places of interest in the United
States and to encourage the use of American
registered ships and planes. The existing facilities of the United States Government in foreign
countries are authorized to assist in the distribution of this material. The Secretary may
enter into contracts with private publishers for
such printing and binding as he may deem advisable in carrying out the purposes of said sections. The Secretary is also authorized to make
charges for any publications made available to
the public pursuant to said sections; and any
proceeds from the sale of publications produced
by the expenditure of contributed funds shall
continue to be available for printing and binding
as aforesaid.
(July 19, 1940, ch. 642, § 2, 54 Stat. 773.)
TRANSFER OF FUNCTIONS
For transfer of functions of Secretary of the Interior
to Secretary of Commerce, see Transfer of Functions
note set out under section 18 of this title.

§ 18b. Advisory committee for promotion of tourist travel; expenses
The Secretary of Commerce is authorized to
create an advisory committee to consist of a
representative from each of the Departments of
State, Agriculture, and Commerce, the Interstate Commerce Commission, and the Department of Transportation, as may be designated
by such Departments or agencies, respectively,
and such additional members, representatives of
the various sections of the Nation, including
transportation and accommodations agencies,
not to exceed six members, to be appointed by
the Secretary of Commerce to serve at his pleasure. Meetings of the committee shall be held at
the request of the Secretary for the purpose of
making recommendations concerning the promotion of tourist travel under the provisions of
sections 18 to 18d of this title. The members of
the committee shall receive no compensation
for their services as members, but shall be entitled to reimbursement for such necessary travel
and other expenses in connection with their attendance at committee meetings as may be authorized or approved by the Secretary.
(July 19, 1940, ch. 642, § 3, 54 Stat. 773; Pub. L.
93–193, § 2, Dec. 19, 1973, 87 Stat. 765; Pub. L.
97–31, § 12(10), Aug. 6, 1981, 95 Stat. 154; Pub. L.
98–443, § 9(o), Oct. 4, 1984, 98 Stat. 1708.)
AMENDMENTS
1984—Pub. L. 98–443 struck out ‘‘the Civil Aeronautics
Authority,’’ after ‘‘the Interstate Commerce Commission,’’.
1981—Pub. L. 97–31 substituted ‘‘Department of Transportation’’ for ‘‘United States Maritime Commission’’.
EFFECTIVE DATE OF 1984 AMENDMENT
Amendment by Pub. L. 98–443 effective Jan. 1, 1985,
see section 9(v) of Pub. L. 98–443, set out as a note under
section 5314 of Title 5, Government Organization and
Employees.

Page 64
TRANSFER OF FUNCTIONS

Secretary of Commerce substituted for Secretary of
the Interior in view of transfer of functions to Secretary of Commerce from Secretary of the Interior by
section 2 of Pub. L. 93–193. See Transfer of Functions
note set out under section 18 of this title.
ABOLITION OF INTERSTATE COMMERCE COMMISSION AND
TRANSFER OF FUNCTIONS
Interstate Commerce Commission abolished and functions of Commission transferred, except as otherwise
provided in Pub. L. 104–88, to Surface Transportation
Board effective Jan. 1, 1996, by section 702 of Title 49,
Transportation, and section 101 of Pub. L. 104–88, set
out as a note under section 701 of Title 49. References
to Interstate Commerce Commission deemed to refer to
Surface Transportation Board, a member or employee
of the Board, or Secretary of Transportation, as appropriate, see section 205 of Pub. L. 104–88, set out as a
note under section 701 of Title 49.
TERMINATION OF ADVISORY COMMITTEES
Advisory committees in existence on Jan. 5, 1973, to
terminate not later than the expiration of the 2-year
period following Jan. 5, 1973, unless, in the case of a
committee established by the President or an officer of
the Federal Government, such committee is renewed by
appropriate action prior to the expiration of such 2year period, or in the case of a committee established
by the Congress, its duration is otherwise provided by
law. See section 14 of Pub. L. 92–463, Oct. 6, 1972, 86
Stat. 776, set out in the Appendix to Title 5, Government Organization and Employees.

§ 18c. Rules and regulations; employees
In the performance of his functions and duties
under the provisions of sections 18 to 18d of this
title, the Secretary of Commerce is authorized—
(a) To prescribe, amend, and repeal such rules
and regulations as he may deem necessary, and
to accept contributions for carrying out the purposes of said sections; and
(b) To employ, subject to chapter 51 and subchapter III of chapter 53 of title 5, one special
assistant and not to exceed five artists and illustrators.
(July 19, 1940, ch. 642, § 4, 54 Stat. 774; Oct. 28,
1949, ch. 782, title XI, § 1106(a), 63 Stat. 972; Pub.
L. 93–193, § 2, Dec. 19, 1973, 87 Stat. 765.)
CODIFICATION
Provisions of par. (b) authorizing the Secretary of the
Interior to employ ‘‘without regard to the civil-service
laws’’ were omitted as such employment is subject to
the civil service laws unless specifically excepted by
those laws or by laws enacted subsequent to Executive
Order 8743, Apr. 23, 1941, issued by the President pursuant to the Act of Nov. 26, 1940, ch. 919, title I, § 1, 54
Stat. 1211, which covered most excepted positions into
the classified (competitive) civil service. The Order is
set out as a note under section 3301 of Title 5, Government Organization and employees.
‘‘Chapter 51 and subchapter III of chapter 53 of title
5’’ substituted in par. (b) for ‘‘the Classification Act of
1949, as amended’’ on authority of Pub. L. 89–554, § 7(b),
Sept. 6, 1966, 80 Stat. 631, the first section of which enacted Title 5.
AMENDMENTS
1949—Par. (b). Act Oct. 28, 1949, substituted ‘‘Classification Act of 1949’’ for ‘‘Classification Act of 1923’’.
REPEALS
Act Oct. 28, 1949, ch. 782, cited as a credit to this section, was repealed (subject to a savings clause) by Pub.
L. 89–554, Sept. 6, 1966, § 8, 80 Stat. 632, 655.

Page 65

§ 18f–2

TITLE 16—CONSERVATION
TRANSFER OF FUNCTIONS

Secretary of Commerce substituted for Secretary of
the Interior in view of transfer of functions to Secretary of Commerce from Secretary of the Interior by
section 2 of Pub. L. 93–193. See Transfer of Functions
note set out under section 18 of this title.

§ 18d. Authorization of appropriations
For the purpose of carrying out the provisions
of sections 18 to 18d of this title, there are authorized to be appropriated not to exceed
$2,500,000 for the fiscal year ending June 30, 1976;
$625,000 for the transition period of July 1, 1976,
through September 30, 1976; $2,500,000 for the fiscal year ending September 30, 1977, and $2,500,000
for the fiscal year ending September 30, 1978.
(July 19, 1940, ch. 642, § 5, 54 Stat. 774; Pub. L.
91–549, Dec. 14, 1970, 84 Stat. 1437; Pub. L. 94–55,
§ 2(a), July 9, 1975, 89 Stat. 262.)
AMENDMENTS
1975—Pub. L. 94–55 substituted provisions authorizing
appropriations not to exceed $2,500,000 for fiscal year
ending June 30, 1976, $625,000 for the transition period of
July 1, 1976 through Sept. 30, 1976, $2,500,000 for fiscal
year ending Sept. 30, 1977, and $2,500,000 for fiscal year
ending Sept. 30, 1978, for provisions authorizing appropriations not to exceed $250,000 for fiscal year 1971 and
$750,000 for fiscal year 1972.
1970—Pub. L. 91–549 substituted provisions authorizing appropriations of not more than $250,000 for fiscal
year 1971 and not more than $750,000 for fiscal year 1972,
for provisions which authorized appropriations of not
more than $100,000 annually.

§ 18e. Repealed. Sept. 20, 1941, ch. 412, title V,
§ 541(c), 55 Stat. 710
Section, act June 28, 1941, ch. 259, § 1, 55 Stat. 350, exempted national park, etc., admission fees from all
Federal tax on admissions. Act Sept. 20, 1941, was made
effective on, and applicable only with respect to the period beginning with Oct. 1, 1941, by section 550(a) thereof.

§ 18f. Management of museum properties
The purpose of this section and sections 18f–2
and 18f–3 of this title shall be to increase the
public benefits from museums established within the individual areas administered by the Secretary of the Interior through the National Park
Service as a means of informing the public concerning the areas and preserving valuable objects and relics relating thereto. The Secretary
of the Interior, notwithstanding other provisions or limitations of law, may perform the following functions in such manner as he shall consider to be in the public interest:
(a) Donations and bequests
Accept donations and bequests of money or
other personal property, and hold, use, expend,
and administer the same for purposes of this
section and sections 18f–2 and 18f–3 of this title;
(b) Purchases
Purchase museum objects, museum collections, and other personal properties at prices he
considers to be reasonable;
(c) Exchanges
Make exchanges by accepting museum objects,
museum collections, and other personal properties, and by granting in exchange therefor mu-

seum property under the administrative jurisdiction of the Secretary which is no longer needed or which may be held in duplicate among the
museum properties administered by the Secretary, such exchanges to be consummated on a
basis which the Secretary considers to be equitable and in the public interest;
(d) Accepting loans of museum objects
Accept the loan of museum objects, museum
collections, and other personal properties and
pay transportation costs incidental thereto,
such loans to be accepted upon terms and conditions which he shall consider necessary; and
(e) Making loans of museum objects
Loan to responsible public or private organizations, institutions, or agencies, without cost to
the United States, such museum objects, museum collections, and other personal property as
he shall consider advisable, such loans to be
made upon terms and conditions which he shall
consider necessary to protect the public interest
in such properties.
(July 1, 1955, ch. 259, § 1, 69 Stat. 242; Pub. L.
104–333, div. I, title VIII, § 804(a)(1), Nov. 12, 1996,
110 Stat. 4187.)
AMENDMENTS
1996—Subsec. (b). Pub. L. 104–333 struck out ‘‘from
such donations and bequests of money’’ before ‘‘museum objects’’.

§ 18f–1. Disposal of unnecessary or duplicate museum objects; use of proceeds
In fiscal year 1991 and thereafter, the Secretary may exercise the authorities granted in
section 18f of this title in administration of the
Department of the Interior Museum, and may
dispose of objects no longer needed for the Museum or held in duplicate among museum properties and apply the proceeds to the purchase of
museum objects, museum collections, and other
personal properties at reasonable prices.
(Pub. L. 101–512, title I, § 116, Nov. 5, 1990, 104
Stat. 1937.)
§ 18f–2. Additional functions
(a) Museum objects and collections
In addition to the functions specified in section 18f of this title, the Secretary of the Interior may perform the following functions in
such manner as he shall consider to be in the
public interest:
(1) Transfer museum objects and museum
collections 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 and museum collections for the purposes of this section and sections 18f and 18f–3
of this title from any other Federal agency,
without reimbursement. The head of any other
Federal agency may transfer, without reimbursement, museum objects and museum collections directly to the administrative jurisdiction of the Secretary of the Interior for the
purpose of this section and sections 18f and
18f–3 of this title.

§ 18f–3

TITLE 16—CONSERVATION

(2) Convey museum objects and museum collections that the Secretary determines are no
longer needed for museum purposes, without
monetary consideration but subject to such
terms and conditions as the Secretary deems
necessary, to private institutions exempt from
Federal taxation under section 501(c)(3) of title
26 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.
(3) Destroy or cause to be destroyed museum
objects and museum collections that the Secretary determines to have no scientific, cultural, historic, educational, esthetic, or monetary value.
(b) Review and approval
The Secretary shall ensure that museum collections are treated in a careful and deliberate
manner that protects the public interest. Prior
to taking any action under subsection (a) of this
section, 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 this section.
(July 1, 1955, ch. 259, § 2, as added Pub. L. 104–333,
div. I, title VIII, § 804(a)(2), Nov. 12, 1996, 110
Stat. 4187.)
§ 18f–3. Application and definitions
(a) Application
Authorities in this section and sections 18f and
18f–2 of this title shall be available to the Secretary of the Interior with regard to museum objects and museum collections that were under
the administrative jurisdiction of the Secretary
for the purposes of the National Park System
before November 12, 1996, as well as those museum objects and museum collections that may
be acquired on or after November 12, 1996.
(b) Definitions
For the purposes of this section and sections
18f and 18f–2 of this title, the terms ‘‘museum
objects’’ and ‘‘museum collections’’ mean objects that are eligible to be or are made part of
a museum, library, or archive collection
through a formal procedure, such as accessioning. Such objects are usually movable and include but are not limited to prehistoric and historic artifacts, works of art, books, documents,
photographs, and natural history specimens.
(July 1, 1955, ch. 259, § 3, as added Pub. L. 104–333,
div. I, title VIII, § 804(b), Nov. 12, 1996, 110 Stat.
4188.)
SUBCHAPTER II—VOLUNTEERS IN PARKS
PROGRAM
§ 18g. Creation of program
The Secretary of the Interior (hereinafter referred to as the Secretary) is authorized to recruit, train, and accept without regard to the
civil service classification laws, rules, or regulations the services of individuals without compensation as volunteers for or in aid of interpre-

Page 66

tive functions, or other visitor services or activities in and related to areas administered by
the Secretary through the National Park Service. In accepting such services of individuals or
volunteers, 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: Provided, That the
services of individuals whom the Secretary determines are skilled in performing hazardous activities may be accepted.
(Pub. L. 91–357, § 1, July 29, 1970, 84 Stat. 472;
Pub. L. 98–540, § 1(b), Oct. 24, 1984, 98 Stat. 2718.)
AMENDMENTS
1984—Pub. L. 98–540 restricted the activities of volunteers except in the case of skilled individuals.
SHORT TITLE
Pub. L. 91–357, § 5, July 29, 1970, 84 Stat. 472, provided
that: ‘‘This Act [enacting this subchapter] may be cited
as the ‘Volunteers in the Parks Act of 1969’.’’

§ 18h. Incidental expenses
The Secretary is authorized to provide for incidental expenses, such as transportation, uniforms, lodging, and subsistence.
(Pub. L. 91–357, § 2, July 29, 1970, 84 Stat. 472.)
§ 18i. Federal employee status for volunteers
(a) 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.
(b) Tort claims
For the purpose of the tort claim provisions of
title 28, a volunteer under this subchapter shall
be considered a Federal employee.
(c) Civil employees
For the purposes of subchapter I of chapter 81
of title 5, relating to compensation to Federal
employees for work injuries, volunteers under
this subchapter 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 the provisions of that subchapter
shall apply.
(d) 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 subchapter shall be considered a Federal
employee, and the provisions of section 3721 of
title 31 shall apply.
(Pub. L. 91–357, § 3, July 29, 1970, 84 Stat. 472;
Pub. L. 101–286, title II, § 204(b), May 9, 1990, 104
Stat. 175.)
AMENDMENTS
1990—Subsec. (d). Pub. L. 101–286 added subsec. (d).

§ 18j. Authorization of appropriations
There are authorized to be appropriated such
sums as may be necessary to carry out the pro-