Public Law 114 - 289 - National Park Service Centennial Act

PUBLIC LAW 114–289—DEC. 16, 2016

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NATIONAL PARK SERVICE CENTENNIAL ACT

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130 STAT. 1482

PUBLIC LAW 114–289—DEC. 16, 2016

Public Law 114–289
114th Congress
An Act
Dec. 16, 2016
[H.R. 4680]

National Park
Service
Centennial Act.
54 USC 100101
note.

To prepare the National Park Service for its Centennial in 2016 and for a second
century of promoting and protecting the natural, historic, and cultural resources
of our National Parks for the enjoyment of present and future generations, and
for other purposes.

Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

(a) SHORT TITLE.—This Act may be cited as the ‘‘National
Park Service Centennial Act’’.
(b) TABLE OF CONTENTS.—The table of contents of this Act
is as follows:
Sec. 1. Short title; table of contents.
Sec. 2. Definitions.
TITLE I—NATIONAL PARK CENTENNIAL CHALLENGE FUND
Sec. 101. National Park Centennial Challenge Fund.
Sec. 102. Comparable pass cost for seniors.
TITLE II—NATIONAL PARK FOUNDATION ENDOWMENT
Sec. 201. Short title.
Sec. 202. Second Century Endowment for the National Park Service.
TITLE III—NATIONAL PARK NEXT GENERATION STEWARDS
Sec. 301. National Park Service interpretation and education.
Sec. 302. Public Land Corps amendments.
Sec. 303. Volunteers in the parks.
TITLE IV—NATIONAL PARK FOUNDATION AUTHORITIES
Sec. 401. Board of directors.
Sec. 402. Authorization of appropriations; use of funds.
TITLE V—MISCELLANEOUS
Sec. 501. National Historic Preservation Act.
Sec. 502. Award of concession contracts.
TITLE VI—TECHNICAL CORRECTIONS TO NATIONAL PARK AND PROGRAM
LAWS
Sec. 601. Technical corrections to national park and program laws.
TITLE VII—VISITOR EXPERIENCE IMPROVEMENTS AUTHORITY
Sec. 701. Visitor experience improvements authority.

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TITLE VIII—NATIONAL HISTORIC PRESERVATION AMENDMENTS ACT
Sec. 801. Short title.
Sec. 802. Reauthorization of the Historic Preservation Fund.
54 USC 100102
note.

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SEC. 2. DEFINITIONS.

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PUBLIC LAW 114–289—DEC. 16, 2016

130 STAT. 1483

(1) CHALLENGE FUND.—The term ‘‘Challenge Fund’’ means
the National Park Centennial Challenge Fund established in
title I.
(2) DIRECTOR.—The term ‘‘Director’’ means the Director
of the National Park Service.
(3) ENDOWMENT.—The term ‘‘Endowment’’ means the
Second Century Endowment for the National Park Service
established by title II.
(4) SECRETARY.—The term ‘‘Secretary’’ means the Secretary
of the Interior.
(5) SIGNATURE PROJECT OR PROGRAM.—The term ‘‘signature
project or program’’ means any project or program identified
by the Secretary as one that will help prepare the national
parks for another century of conservation, preservation, and
visitor enjoyment.

TITLE I—NATIONAL PARK CENTENNIAL
CHALLENGE FUND
SEC. 101. NATIONAL PARK CENTENNIAL CHALLENGE FUND.

(a) IN GENERAL.—Title 54, United States Code, is amended
by inserting after chapter 1033 the following:
‘‘CHAPTER 1035—NATIONAL PARK CENTENNIAL
CHALLENGE FUND

54 USC prec.
103105.

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‘‘103501. Establishment.
‘‘103502. Signature projects and programs.
‘‘103503. Summary to Congress.

‘‘§ 103501. Establishment
‘‘(a) IN GENERAL.—There is established in the Treasury an
account to be known as the National Park Centennial Challenge
Fund.
‘‘(b) DEPOSITS.—All amounts received by the United States
each fiscal year from sales by the National Park Service of National
Parks and Federal Recreational Lands Passes under section
805(b)(1) of the Federal Lands Recreation Enhancement Act that
are in excess of $10,000,000 shall be deposited into the National
Park Centennial Challenge Fund as offsetting collections and shall
remain available to the Secretary until expended.
‘‘(c) USE OF FUNDS.—Funds collected and deposited into the
National Park Centennial Challenge Fund—
‘‘(1) shall be used for projects or programs approved by
the Secretary to further the mission of the Service and to
enhance the visitor experience in System units;
‘‘(2) may not be used to acquire lands or interest in lands;
and
‘‘(3) may only be used if matched, on at least a 1-to1 basis, by non-Federal donations (including funds and fairly
valued durable goods and materials) to the Service for signature
projects or programs.
‘‘(d) LIMITATION ON SOURCE OF FUNDS FOR MATCHING.—
Amounts derived from the Second Century Endowment for the
National Park Service shall not be treated as non-Federal donations
for purposes of subsection (c)(3).

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54 USC 103501.

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130 STAT. 1484
54 USC 103502.

Notification.

54 USC 103503.

54 USC prec.
100101.

PUBLIC LAW 114–289—DEC. 16, 2016

‘‘§ 103502. Signature projects and programs
‘‘(a) LIST.—The Secretary shall—
‘‘(1) develop a list of signature projects and programs
eligible for funding from the National Park Centennial Challenge Fund;
‘‘(2) submit the list developed pursuant to paragraph (1)
to the Committees on Appropriations and Energy and Natural
Resources in the United States Senate, and to the Committees
on Appropriations and Natural Resources in the House of Representatives; and
‘‘(3) prioritize deferred maintenance projects, physical
improvements to visitor services facilities and trail maintenance.
‘‘(b) UPDATES.—The Secretary may, from time to time, as the
Secretary finds appropriate, add any signature project or program
to the list and provide notice of such addition as required by
subsection (a).
‘‘§ 103503. Summary to Congress
‘‘The Secretary shall provide with the submission of the President’s annual budget a summary of the status and funding of
signature projects and programs.’’.
(b) CONFORMING AMENDMENT.—The table of sections of title
54, United States Code, is amended by inserting after chapter
1033 the following:
‘‘1035. National Park Centennial Challenge Fund .....................................
103501’’.
SEC. 102. COMPARABLE PASS COST FOR SENIORS.

16 USC 6804.

Time period.

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Guidelines.
Determination.
Time period.

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The Federal Lands Recreation Enhancement Act (16 U.S.C.
6801, Public Law 108–447, division J, title VIII) is amended in
section 805(b)(1)—
(1) by striking ‘‘The Secretary’’ and inserting:
‘‘(A) The Secretary’’;
(2) by striking ‘‘, at a cost of $10.00,’’;
(3) by striking ‘‘shall be valid for the lifetime of the pass
holder.’’ and inserting the following: ‘‘shall be available—
‘‘(i) for a period of 12 months from the date of
the issuance, at a cost of $20; and
‘‘(ii) for the lifetime of the passholder, at a cost
equal to the cost of the National Parks and Federal
Recreational Lands Pass purchased under subsection
(a).’’; and
(4) by adding at the end the following:
‘‘(B) The Secretary shall issue a pass under subparagraph (A)(ii), for no additional cost, to any individual who
provides evidence, under policies and guidelines determined
by the Secretary, that the individual has purchased a pass
under subparagraph (A)(i) for each of the 4 years prior
to being issued a pass under this subparagraph.’’.

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PUBLIC LAW 114–289—DEC. 16, 2016

130 STAT. 1485

TITLE II—NATIONAL PARK
FOUNDATION ENDOWMENT

National Park
Foundation
Endowment Act.

SEC. 201. SHORT TITLE.

This title may be cited as the ‘‘National Park Foundation
Endowment Act’’.

54 USC 100101
note.

SEC. 202. SECOND CENTURY ENDOWMENT FOR THE NATIONAL PARK
SERVICE.

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(a) SECOND CENTURY ENDOWMENT.—Chapter 1011 of title 54,
United States Code, is amended by inserting at the end the following:
‘‘§ 101121. Second Century Endowment for the National Park
Service
‘‘(a) SECOND CENTURY ENDOWMENT.—To further the mission
of the Service, the National Park Foundation shall establish a
special account to be known as the ‘Second Century Endowment
for the National Park Service’.
‘‘(1) FUNDS FOR THE ENDOWMENT.—The following shall
apply to the Endowment:
‘‘(A) From amounts received by the United States each
fiscal year from sales by the National Park Service of
Federal Recreational Lands Passes under section 805(b)(1)
of the Federal Lands Recreational Enhancement Act,
$10,000,000 shall be deposited into the Endowment.
‘‘(B) In addition to deposits otherwise authorized, the
Endowment shall consist of any gifts, devises, or bequests
that are provided to the National Park Foundation for
such purpose.
‘‘(C) The National Park Foundation shall deposit any
funds received for the Endowment in a federally insured
interest-bearing account or may invest funds in appropriate
security obligations, as directed by the Board of Directors.
‘‘(D) Any accrued interest or dividends earned on funds
received for the Endowment shall be added to the principal
and form a part of the Endowment.
‘‘(2) USE OF FUNDS.—
‘‘(A) Except as provided in subparagraph (B), funds
in the Endowment shall be available to the National Park
Foundation as offsetting collections for projects and activities approved by the Secretary that further the mission
and purposes of the Service.
‘‘(B) Gifts, devises, or bequests in the endowment under
paragraph (1)(A), and any accrued interest or dividends
earned thereon, shall be available to the National Park
Foundation for projects and activities approved by the Secretary that further the mission and purposes of the Service.
‘‘(C) In administering the Endowment each fiscal year,
the National Park Foundation shall be guided by the District of Columbia Uniform Prudent Management of Institutional Funds Act of 2007 (D.C. Code § 44–1631 et seq.),
including section 44–1633 on expenditures.
‘‘(D) No Federal funds received for the Endowment
may be used by the National Park Foundation for administrative expenses of the Foundation, including for salaries,

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54 USC 101121.

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130 STAT. 1486

Effective date.

Statement.

54 USC prec.
101101.

PUBLIC LAW 114–289—DEC. 16, 2016

travel and transportation expenses, and other overhead
expenses.
‘‘(b) SUMMARY.—Beginning 2 years after the date of the enactment of this section, the National Park Foundation shall include
with its annual report a summary of the status of the Endowment.
The summary shall include—
‘‘(1) a statement of the amounts deposited in the Endowment during the fiscal year;
‘‘(2) the amount of the balance remaining in the Endowment
at the end of the fiscal year; and
‘‘(3) a description of the sums and purposes of the expenditures made from the Endowment for the fiscal year.’’.
(b) CONFORMING AMENDMENT.—The table of sections for chapter
1011 of title 54, United States Code, is amended by inserting
at the end the following:
‘‘101121. Second Century Endowment for the National Park Service.’’.

TITLE III—NATIONAL PARK NEXT
GENERATION STEWARDS
SEC. 301. NATIONAL PARK SERVICE INTERPRETATION AND EDUCATION.

(a) IN GENERAL.—Title 54, United States Code, is amended
by inserting after chapter 1007 the following:
‘‘CHAPTER 1008—EDUCATION AND INTERPRETATION

54 USC prec.
100801.

‘‘100801.
‘‘100802.
‘‘100803.
‘‘100804.

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54 USC 100801.

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Definitions.
Interpretation and education authority.
Interpretation and education evaluation and quality improvement.
Improved use of partners and volunteers in interpretation and education.

‘‘§ 100801. Definitions
‘‘As used in this chapter:
‘‘(1) INTERPRETATION.—The term ‘interpretation’—
‘‘(A) means providing opportunities for people to form
intellectual and emotional connections to gain awareness,
appreciation, and understanding of the resources of the
System; and
‘‘(B) may refer to the professional career field of Service
employees, volunteers, and partners who interpret the
resources of the System.
‘‘(2) EDUCATION.—The term ‘education’ means enhancing
public awareness, understanding, and appreciation of the
resources of the System through learner-centered, place-based
materials, programs, and activities that achieve specific
learning objectives as identified in a curriculum.
‘‘(3) RELATED AREAS.—The term ‘related areas’ means—
‘‘(A) national wild and scenic rivers and national trails;
‘‘(B) national heritage areas; and
‘‘(C) affiliated areas administered in connection with
the System.

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130 STAT. 1487

‘‘§ 100802. Interpretation and education authority
‘‘The Secretary shall ensure that management of System units
and related areas is enhanced by the availability and use of a
broad program of the highest quality interpretation and education.

54 USC 100802.

‘‘§ 100803. Interpretation and education evaluation and
quality improvement
‘‘The Secretary may undertake a program of regular evaluation
of interpretation and education programs to ensure that they—
‘‘(1) adjust to how people learn and engage with the natural
world and shared heritage as embodied in the System;
‘‘(2) reflect different cultural backgrounds, ages, education,
gender, abilities, ethnicity, and needs;
‘‘(3) demonstrate innovative approaches to management
and appropriately incorporate emerging learning and communications technology; and
‘‘(4) reflect current scientific and academic research, content, methods, and audience analysis.

54 USC 100803.

‘‘§ 100804. Improved use of partners and volunteers in
interpretation and education
‘‘The Secretary may—
‘‘(1) coordinate with park partners and volunteers in the
delivery of quality programs and services to supplement those
provided by the Service as part of a park’s Long Range Interpretive Plan;
‘‘(2) support interpretive partners by providing opportunities to participate in interpretive training; and
‘‘(3) collaborate with other Federal and non-Federal public
or private agencies, organizations, or institutions for the purposes of developing, promoting, and making available educational opportunities related to resources of the System and
programs.’’.
(b) CONFORMING AMENDMENT.—The table of chapters at the
beginning of title 54, United States Code, is amended by inserting
after the item relating to chapter 1007 the following new item:

54 USC 100804.

54 USC prec.
100101.

‘‘1008. Education and Interpretation ...................................................................
100801’’.
SEC. 302. PUBLIC LAND CORPS AMENDMENTS.

The Public Lands Corps Act of 1993 (Public Law 91–378, as
amended; 16 U.S.C. 1721 et seq.) is amended—
(1) in section 203(10)(A) (16 U.S.C. 1722(10)(A)), by striking
‘‘25’’ and inserting ‘‘30’’;
(2) in section 204(b) (16 U.S.C. 1723(b)), by striking ‘‘25’’
and inserting ‘‘30’’; and
(3) in section 207(c)(2) (16 U.S.C. 1726(c)(2)), by striking
‘‘120 days’’ and inserting ‘‘2 years’’.
SEC. 303. VOLUNTEERS IN THE PARKS.

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Subject to the availability of appropriations, section 102301(d)
of title 54, United States Code, is amended by striking ‘‘not more
than $7,000,000’’ and inserting ‘‘not more than $9,000,000’’.

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54 USC 102301
note.

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TITLE IV—NATIONAL PARK
FOUNDATION AUTHORITIES
SEC. 401. BOARD OF DIRECTORS.

Chapter 1011 of title 54, United States Code, is amended—
(1) in section 101112—
(A) by amending subsection (a) to read as follows:
‘‘(a) MEMBERSHIP.—The National Park Foundation shall consist
of a Board having as members no fewer than six private citizens
of the United States appointed by the Secretary. The Secretary
and the Director shall be non-voting members of the Board, ex
officio.’’; and
(B) by amending subsection (c) to read as follows:
‘‘(c) CHAIRMAN.—The Chairman shall be elected by the Board
from its members for a 2-year term.’’; and
(2) in section 101113(a)—
(A) by redesignating paragraph (2) as paragraph (3);
and
(B) by inserting after paragraph (1) the following:
‘‘(2) COORDINATION WITH SERVICE.—Activities of the
National Park Foundation under paragraph (1) shall be undertaken after consultation with the Director to ensure that those
activities are consistent with the programs and policies of the
Service.’’.
SEC. 402. AUTHORIZATION OF APPROPRIATIONS; USE OF FUNDS.

(a) AUTHORIZATION OF APPROPRIATIONS; USE OF FUNDS.—
Chapter 1011 of title 54, United States Code, is further amended
by adding after section 101121 the following:
54 USC 101122.

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54 USC prec.
101101.

‘‘§ 101122. Authorization of appropriations; use of funds
‘‘(a) AUTHORIZATION OF APPROPRIATIONS.—There are authorized
to be appropriated to carry out this subchapter $5,000,000 for
each of fiscal years 2017 through 2023.
‘‘(b) USE OF FUNDS.—Funds made available under subsection
(a)—
‘‘(1) may be advanced each fiscal year to the National
Park Foundation in a lump sum without regard to when
expenses are incurred;
‘‘(2) shall be provided to the National Park Foundation
for use to match contributions (whether in currency, services,
or property) made to the Foundation;
‘‘(3) may not be used by the National Park Foundation
for administrative expenses of the Foundation, including for
salaries, travel and transportation expenses, and other overhead expenses; and
‘‘(4) may not be deposited by the National Park Foundation
into any fund that will be invested or earn interest in any
way.’’.
(b) CONFORMING AMENDMENT.—The table of sections for chapter
1011 of title 54, United States Code, is amended by inserting
at the end the following:
‘‘101122. Authorization of appropriations; use of funds.’’.

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130 STAT. 1489

TITLE V—MISCELLANEOUS

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SEC. 501. NATIONAL HISTORIC PRESERVATION ACT.

(a) ADDITIONAL MEMBER.—Section 304101(a) of title 54, United
States Code, is amended—
(1) by redesignating paragraphs (8), (9), (10), and (11)
as paragraphs (9), (10), (11), and (12), respectively; and
(2) by inserting after paragraph (7) the following:
‘‘(8) The General Chairman of the National Association
of Tribal Historic Preservation Officers.’’.
(b) FULL-TIME CHAIRMAN.—Section 304101 of title 54, United
States Code, is further amended—
(1) by redesignating subsections (e) and (f) as subsections
(f) and (g), respectively; and
(2) by inserting after subsection (d) the following:
‘‘(e) CHAIRMAN.—(1) After January 20, 2017, the Chairman
shall—
‘‘(A) be appointed by the President, by and with the advice
and consent of the Senate;
‘‘(B) serve at the will of the President;
‘‘(C) serve full time; and
‘‘(D) be compensated at the rate provided for Level V of
the Executive Schedule Pay Rates under section 5316 of title
5.
‘‘(2) The Chairman shall serve for a term of 4 years and may
be reappointed once, for a total of not more than 8 years of service
as Chairman, except that a Chairman whose appointment has
expired under this paragraph shall serve until his or her successor
has been appointed. The term of a Chairman shall start (regardless
of actual appointment date) on January 20 after each general Presidential election. The first Chairman appointed after the date of
enactment of this paragraph shall have a first term commencing
on January 20, 2017, and ending on January 19, 2021.
‘‘(3) The Chairmen before the first appointment of a Chairman
in accordance with paragraph (1) of this subsection shall receive
$100 per diem when engaged in the performance of the duties
of the Council, and shall receive reimbursement for necessary traveling and subsistence expenses incurred by them in the performance
of the duties of the Council.’’; and
(3) in subsection (f) (as so redesignated), by striking ‘‘may
act in place’’ and inserting ‘‘shall perform the functions’’.
(c) CONFORMING CHANGES.—
(1) Section 304101 of title 54, United States Code, is further
amended—
(A) in subsection (b), by striking ‘‘, (7), and (8)’’ and
inserting ‘‘and (7) through (9)’’;
(B) in subsection (c)—
(i) by striking ‘‘under paragraphs (1) and (9) to
(11)’’ and inserting ‘‘under paragraphs (10) through
(12)’’; and
(ii) by striking ‘‘An appointed member may not
serve more than 2 terms.’’ and inserting ‘‘An appointed
member, other than the Chairman of the Council, may
not serve more than 2 terms.’’;

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Deadline.
Appointment.
President.

Time period.

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130 STAT. 1490

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(C) in subsection (f) (as so redesignated), by striking
‘‘paragraph (5), (6), (9), or (10)’’ and inserting ‘‘paragraph
(5), (6), (10), or (11)’’; and
(D) in subsection (g) (as so redesignated), by striking
‘‘Twelve members’’ and inserting ‘‘Thirteen members’’.
(2) Section 304104 of title 54, United States Code, is
amended by inserting after the first sentence the following:
‘‘The Chairman of the Council shall be compensated as provided
in subsection (e) of section 304101.’’.
(3) Section 304105(a) of title 54, United States Code, is
amended—
(A) by striking ‘‘report directly to the Council’’ and
inserting ‘‘report directly to the Chairman’’; and
(B) by striking ‘‘duties as the Council may prescribe’’
and inserting ‘‘duties as the Chairman may prescribe’’.
(4) Section 5316 of title 5, United States Code, is amended
by adding at the end the following new item:
‘‘Chairman of the Advisory Council on Historic Preservation.’’.
(d) CLARIFICATION.—Subsection (b) and subsection (d) of section
311103 of title 54, United States Code, are amended by striking
‘‘Council’’ each place it appears and inserting ‘‘Chairman of the
Council’’.
SEC. 502. AWARD OF CONCESSION CONTRACTS.

Section 101913(9) of title 54, United States Code, is amended
to read as follows:
‘‘(9) NEW OR ADDITIONAL SERVICES.—The Secretary may
propose to amend the applicable terms of an existing concessions contract to provide new and additional services where
the Secretary determines the services are necessary and appropriate for public use and enjoyment of the unit of the National
Park System in which they are located and are consistent
to the highest practicable degree with the preservation and
conservation of the resources and values of the unit. Such
new and additional services shall not represent a material
change to the required and authorized services as set forth
in the applicable prospectus or contract.’’.

TITLE VI—TECHNICAL CORRECTIONS
TO NATIONAL PARK AND PROGRAM
LAWS
SEC. 601. TECHNICAL CORRECTIONS TO NATIONAL PARK AND PROGRAM LAWS.

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54 USC 320101
note.

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(a) APOSTLE ISLANDS NATIONAL LAKESHORE.—Section 3030 of
title XXX of the Carl Levin and Howard P. ‘‘Buck’’ McKeon National
Defense Authorization Act for Fiscal Year 2015 (Public Law 113–
291; 128 Stat. 3766) is amended in the section heading by striking
‘‘NATIONAL SEASHORE.’’ and inserting ‘‘NATIONAL LAKESHORE.’’.
(b) BALTIMORE NATIONAL HERITAGE AREA.—Title VIII of the
Omnibus Public Land Management Act of 2009 (Public Law 111–
11, 16 U.S.C. 461 note) is amended—

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PUBLIC LAW 114–289—DEC. 16, 2016

130 STAT. 1491

(1) in sections 8005(b)(3) and 8005(b)(4) by striking ‘‘Baltimore Heritage Area Association’’ and inserting ‘‘Baltimore City
Heritage Area Association’’; and
(2) in section 8005(i) by striking ‘‘EFFECTIVENESS’’ and
inserting ‘‘FINANCIAL ASSISTANCE’’.
(c) CUMBERLAND ISLAND NATIONAL SEASHORE.—Section 6(b) of
the Act entitled ‘‘An Act to establish the Cumberland Island
National Seashore in the State of Georgia, and for other purposes’’
(Public Law 92–536; 16 U.S.C. 459i–5) is amended by striking
‘‘physiographic
conditions
not
prevailing’’
and
inserting
‘‘physiographic conditions now prevailing’’.
(d) HARRIET TUBMAN NATIONAL HISTORICAL PARK, NEW YORK.—
Section 3036(d)(4)(B) of title XXX of the Carl Levin and Howard
P. ‘‘Buck’’ McKeon National Defense Authorization Act for Fiscal
Year 2015 (Public Law 113–291; 128 Stat. 3780) is amended by
striking ‘‘section 2(b)(1)’’ and inserting ‘‘section 3035’’.
(e) HARRIET TUBMAN UNDERGROUND RAILROAD NATIONAL
HISTORICAL PARK, MARYLAND.—Section 3035(d)(4)(B) of title XXX
of the Carl Levin and Howard P. ‘‘Buck’’ McKeon National Defense
Authorization Act for Fiscal Year 2015 (Public Law 113–291; 128
Stat. 3778) is amended by striking ‘‘section 3(b)(1)(A)’’ and inserting
‘‘section 3036’’.
(f) HISTORIC PRESERVATION STANDARDS AND GUIDELINES.—Section 306131(a)(3) of title 54, United States Code, is amended by
striking ‘‘Office of Management and Budget’’ and inserting ‘‘Office
of Personnel Management’’.
(g) LAVA BEDS NATIONAL MONUMENT.—The first section of the
Act of October 13, 1972 (Public Law 92–493; 86 Stat. 811) is
amended in the first sentence—
(1) by striking ‘‘That, in’’ and inserting ‘‘Section 1. In’’;
and
(2) by striking ‘‘ten thousand acres’’ and all that follows
through the remainder of the sentence and inserting ‘‘10,431
acres, as depicted within the proposed wilderness boundary
on the map entitled ‘Lava Beds National Monument, Proposed
Wilderness Boundary Adjustment’, numbered 147/80,015, and
dated September 2005, and those lands within the area generally known as the Schonchin Lava Flow comprising about
18,029 acres, as depicted within the proposed wilderness
boundary on the map, are designated as wilderness.’’.
(h) MUSCLE SHOALS NATIONAL HERITAGE AREA.—Section
8009(j) of title VIII of the Omnibus Public Land Management Act
of 2009 (Public Law 111–11, 16 U.S.C. 461 note) is amended by
striking ‘‘EFFECTIVENESS’’ and inserting ‘‘FINANCIAL ASSISTANCE’’.
(i) PATERSON GREAT FALLS NATIONAL HISTORICAL PARK.—Section 3037(a)(1)(c) of title XXX of the Carl Levin and Howard P.
‘‘Buck’’ McKeon National Defense Authorization Act for Fiscal Year
2015 (Public Law 113–291; 128 Stat. 3780) is amended by striking
‘‘numbered T03/120,155, and dated April 2014’’ and insert ‘‘numbered T03/120,155A, and dated August 2015’’.
(j) SNAKE RIVER HEADWATERS.—Section 5002(c)(1) of the Omnibus Public Land Management Act of 2009 (Public Law 111–11,
123 Stat. 1148, 1149) is amended by striking ‘‘paragraph (205)
of section 3(a)’’ each place it appears and inserting ‘‘paragraph
(206) of section 3(a)’’.
(k) TAUNTON RIVER.—Section 5003(b) of the Omnibus Public
Land Management Act of 2009 (Public Law 111–11, 123 Stat.

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16 USC 410ttt.

16 USC 410sss.

16 USC 1132
note.

54 USC 320101
note.

16 USC 410lll.

16 USC 1274
note.

16 USC 1274
note.

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130 STAT. 1492

36 USC prec. 101
note.

PUBLIC LAW 114–289—DEC. 16, 2016

1152, 1153) is amended by striking ‘‘section 3(a)(206)’’ each place
it appears and inserting ‘‘section 3(a)(207)’’.
(l) WORLD WAR I CENTENNIAL COMMISSION ACT.—Section
4(e)(3)(c) of the World War I Centennial Commission Act (Public
Law 112–272; 126 Stat. 2449) is amended by striking ‘‘National
Parks Service.’’ and inserting ‘‘National Park Service.’’.

TITLE VII—VISITOR EXPERIENCE
IMPROVEMENTS AUTHORITY
SEC. 701. VISITOR EXPERIENCE IMPROVEMENTS AUTHORITY.

Chapter 1019 of title 54, United States Code, is amended by
inserting at the end the following:
‘‘SUBCHAPTER III—COMMERCIAL SERVICES
AUTHORIZATION

54 USC prec.
101931.
‘‘101931.
‘‘101932.
‘‘101933.
‘‘101934.
‘‘101935.
‘‘101936.
‘‘101937.
‘‘101938.

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54 USC 101931.

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Contract authority.
Award of commercial services contracts.
Term of commercial services contracts.
Capital improvements.
Financial management.
Regulations.
Savings provision.
Sunset.

‘‘§ 101931. Contract authority
‘‘(a) GENERAL AUTHORITY.—Notwithstanding subchapter II, the
Secretary may award and administer commercial services contracts
(and related professional services contracts) for the operation and
expansion of commercial visitor facilities and visitor services programs in System units. The commercial services contracts that
may be awarded shall be limited to those that are necessary and
appropriate for public use and enjoyment of the unit of the System
in which they are located, and, that are consistent with the
preservation and conservation of the resources and values of the
unit.
‘‘(b) ADDITIONAL AUTHORITY.—Contracts may be awarded under
subsection (a) without regard to Federal laws and regulations governing procurement by Federal agencies, with the exception of
laws and regulations related to Federal government contracts governing working conditions and wage rates, including the Alaska
National Interest Lands Conservation Act (16 U.S.C. 3101 et seq.),
sections 3141–3144, 3146, and 3147 of title 40, United States Code
(commonly known as the ‘Davis-Bacon Act’), and any civil rights
provisions otherwise applicable thereto.
‘‘(c) USE OF COMMERCIAL SERVICES CONTRACTS.—
‘‘(1) IN GENERAL.—The Secretary may issue a commercial
services contract under this subchapter when the Secretary
determines that the contract meets the objectives of expanding,
modernizing, and improving the condition of commercial visitor
facilities and the services provided to visitors.
‘‘(2) EXCEPTIONS.—No contracts may be awarded under this
subchapter—
‘‘(A) for the provision of outfitter and guide services
described in section 101913(8); or

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‘‘(B) to authorize the provision of facilities or services
for which the Secretary has granted to an existing concessioner a preferential right of renewal as defined in sections
101911 and 101913.

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‘‘§ 101932. Award of commercial services contracts
‘‘(a) COMPETITIVE SELECTION PROCESS.—Except as provided in
subsection (c), commercial services contracts shall be awarded by
the Secretary through a competitive selection process.
‘‘(b) SOLICITATION OF PROPOSALS.—Before awarding a new
commercial services contract, the Secretary shall publicly solicit
proposals for the contract, except as provided in subsection (c).
In connection with such solicitation, the Secretary shall prepare
a request for proposals and shall publish notice of its availability.

54 USC 101932.

‘‘§ 101933. Term of commercial services contracts
‘‘A commercial services contract entered into pursuant to this
title shall be awarded for a term not to exceed 10 years.

54 USC 101933.

‘‘§ 101934. Capital improvements
‘‘A person or entity awarded a contract under this subchapter
shall receive no leasehold surrender interest, as defined in section
101915, in capital improvements constructed under the terms of
the contract.

54 USC 101934.

‘‘§ 101935. Financial management
‘‘(a) REVOLVING FUND.—There is established a revolving fund
that shall be available to the Secretary without fiscal year limitation
for—
‘‘(1) expenses necessary for the management, improvement,
enhancement, operation, construction, and maintenance of
commercial visitor services and facilities; and
‘‘(2) payment of possessory interest and leasehold surrender
interest.
‘‘(b) COLLECTION OF FUNDS.—
‘‘(1) Funds collected by the Secretary pursuant to the contracts awarded under this subchapter shall be credited to the
revolving fund.
‘‘(2) The Secretary is authorized to transfer to the revolving
fund, without reimbursement, any additional funds or revenue
in connection with the functions to be carried out under this
subchapter.
‘‘(c) USE OF FUNDS.—Amounts in the revolving fund shall be
used by the Secretary in furtherance of the purposes of this title.
No funds from this account may be used to decrease the availability
of services and programs to the public.

54 USC 101935.

‘‘§ 101936. Regulations
‘‘As soon as practicable after the effective date of this subchapter, the Secretary shall promulgate regulations appropriate
for its implementation.

54 USC 101936.

‘‘§ 101937. Savings provision
‘‘Nothing in this subchapter shall modify the terms or conditions
of any concessions contracts awarded under subchapter II or the
ability of the National Park Service to enter into concessions contracts under the National Park Service Concessions Management

54 USC 101937.

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Public
information.
Publication.
Notice.

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130 STAT. 1494

PUBLIC LAW 114–289—DEC. 16, 2016

Improvement Act of 1998 (title IV of Public Law 105–391) including
the use of leaseholder surrender interest.
54 USC 101938.

‘‘§ 101938. Sunset
‘‘The authority given to the Secretary under this subchapter
shall expire 7 years after the date of the enactment of this subchapter.’’.

TITLE VIII—NATIONAL HISTORIC
PRESERVATION AMENDMENTS ACT

National Historic
Preservation
Amendments
Act.
54 USC 100101
note.

SEC. 801. SHORT TITLE.

This title may be cited as the ‘‘National Historic Preservation
Amendments Act’’.
SEC. 802. REAUTHORIZATION OF THE HISTORIC PRESERVATION FUND.

Review.

Deadline.
Recommendation.

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Notification.
Deadline.

Notification.
Federal Register,
publication.
Recommendation.
Deadline.

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(a) IN GENERAL.—Section 303102 of title 54, United States
Code, is amended by striking ‘‘2015’’ and inserting ‘‘2023’’.
(b) FEDERAL NOMINATIONS.—Section 302104 of such title is
amended—
(1) in subsections (a) and (b), by striking ‘‘subsection (c)’’
and inserting ‘‘subsection (d)’’;
(2) by inserting after subsection (b), the following new
subsection:
‘‘(c) NOMINATION BY FEDERAL AGENCY.—Subject to the requirements of section 302107 of this title, the regulations promulgated
under section 302103 of this title, and appeal under subsection
(d) of this section, the Secretary may accept a nomination directly
by a Federal agency for inclusion of property on the National
Register only if—
‘‘(1) completed nominations are sent to the State Historic
Preservation Officer for review and comment regarding the
adequacy of the nomination, the significance of the property
and its eligibility for the National Register;
‘‘(2) within 45 days of receiving the completed nomination,
the State Historic Preservation Officer has made a recommendation regarding the nomination to the Federal
Preservation Officer, except that failure to meet this deadline
shall constitute a recommendation to not support the nomination;
‘‘(3) the chief elected officials of the county (or equivalent
governmental unit) and municipal political jurisdiction in which
the property is located are notified and given 45 days in which
to comment;
‘‘(4) the Federal Preservation Officer forwards it to the
Keeper of the National Register of Historic Places after determining that all procedural requirements have been met,
including those in paragraphs (1) through (3) above; the
nomination is adequately documented; the nomination is technically and professionally correct and sufficient; and may
include an opinion as to whether the property meets the
National Register criteria for evaluation;
‘‘(5) notice is provided in the Federal Register that the
nominated property is being considered for listing on the
National Register that includes any comments and the recommendation of the State Historic Preservation Officer and

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a declaration whether the State Historic Preservation Officer
has responded within the 45 day-period of review provided
in paragraph (2); and
‘‘(6) the Secretary addresses in the Federal Register any
comments from the State Historic Preservation Officer that
do not support the nomination of the property on the National
Register before the property is included in the National Register.’’; and
(3) by redesignating subsection (c) as subsection (d).
(c) TECHNICAL AMENDMENTS.—
(1) Section 303102 of such title is amended by striking
‘‘CONTENTS’’ in the heading thereof and inserting
‘‘FUNDING’’.
(2) The table of sections for chapter 3031 of such title
is amended by striking the item relating to section 303102
and inserting the following new item:

Federal Register,
publication.

54 USC
prec. 303101.

‘‘303102. Funding.’’.

Approved December 16, 2016.

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LEGISLATIVE HISTORY—H.R. 4680:
HOUSE REPORTS: No. 114–576, Pt. 1 (Comm. on Natural Resources).
CONGRESSIONAL RECORD, Vol. 162 (2016):
Dec. 6, considered and passed House.
Dec. 9, considered and passed Senate.

Æ

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PUBL289