54 U.s.c.103104

§ 100905

TITLE 54—NATIONAL PARK SERVICE AND RELATED PROGRAMS

Page 28

the purpose of providing commercial tour
services within the System unit.
(2) AMOUNT.—The Secretary shall establish
the amount of fee per entry as follows:
(A) Twenty-five dollars per vehicle with a
passenger capacity of 25 individuals or less.
(B) Fifty dollars per vehicle with a passenger capacity of more than 25 individuals.

and for other purposes’ ’’ because section 415 of the National Park Service Concessions Management Improvement Act of 1998 (Public Law 105–391, 112 Stat. 3515) repealed the Act of October 9, 1965, which was classified
as 16 U.S.C. 20 to 20g, and enacted similar provisions,
which are restated as subchapter II of chapter 1019 of
the new title.

(3) ADJUSTMENTS.—The Secretary may periodically make reasonable adjustments to the
commercial tour use fee imposed under this
subsection.
(4) NONAPPLICABILITY.—The commercial tour
use fee imposed under this subsection shall
not apply to the following:
(A) Any vehicle transporting organized
school groups or outings conducted for educational purposes by schools or other bona
fide educational institutions.
(B) Any vehicle entering a System unit
pursuant to a contract issued under subchapter II of chapter 1019 of this title.

Section 107 of the Department of the Interior and Related Agencies Appropriations Act, 1998, referred to in
subsec. (a)(1), is section 107 of Pub. L. 105–83, title I,
Nov. 14, 1997, 111 Stat. 1561, which was set out as a note
under former section 460l–6a of Title 16, Conservation.

(5) APPLICABILITY.—This subsection shall
apply to aircraft entering the airspace of—
(A) Haleakala¯ Crater, Crater Cabins, the
Scientific Research Reserve, Halemauu
Trail, Kaupo Gap Trail, or any designated
tourist viewpoint in Haleakala¯ National
Park or of Grand Canyon National Park; or
(B) any other System unit for the specific
purpose of providing commercial tour services if the Secretary determines that the
level of the services is equal to or greater
than the level at the System units specified
in subparagraph (A).
(Pub. L. 113–287, § 3, Dec. 19, 2014, 128 Stat. 3115.)
HISTORICAL AND REVISION NOTES
Revised
Section

Source (U.S. Code)

100904(a) .....

16 U.S.C.
460l–6a(i)(1)(C).

100904(b)
through
(e).

16 U.S.C. 460l–6a(j)
through (m).

100904(f) .....

16 U.S.C. 460l–6a(n).

Source (Statutes at Large)
Pub. L. 88–578, title I,
§ 4(i)(1)(C), as added Pub.
L. 105–327, § 1, Oct. 30, 1998,
112 Stat. 3055; Pub. L.
108–447, div. J, title VIII,
§ 813(a), Dec. 8, 2004, 118
Stat. 3390, as amended
Pub. L. 109–54, title I, § 132,
Aug. 2, 2005, 119 Stat. 526.
Pub. L. 88–578, title I, § 4(j)
through (m), as added
Pub. L. 100–203, title V,
§ 5201(c), Dec. 22, 1987, 101
Stat. 1330–265.
Pub. L. 88–578, title I, § 4(n),
as added Pub. L. 103–66,
title X, § 10002(c), Aug. 10,
1993, 107 Stat. 404.

In subsection (c), the word ‘‘Secretary’’ is substituted
for ‘‘head of the collecting agency’’, ‘‘head of the agency’’, ‘‘collecting agency’’, and ‘‘agency’’, and the words
‘‘System units’’ are substituted for ‘‘designated areas’’
and ‘‘areas’’, because the source provisions apply only
to the National Park Service.
In subsection (d)(2), the words ‘‘into the special account referred to in subsection (i) of this section’’ are
omitted as obsolete.
In subsection (e), the words ‘‘under subsection (a) of
this section’’ are omitted as obsolete.
In subsection (f)(1), the words ‘‘by October 1, 1993’’ are
omitted as obsolete.
In subsection (f)(4)(B), the words ‘‘subchapter II of
chapter 1019 of this title’’ are substituted for ‘‘the Act
of October 9, 1965 (16 U.S.C. 20–20g) entitled ‘An Act relating to the establishment of concession policies in
the areas administered by the National Park Service

REFERENCES IN TEXT

CONSTRUCTION
Pub. L. 109–54, title I, § 132(c), Aug. 2, 2005, 119 Stat.
526, provided that: ‘‘Except as provided in this section
[amending former section 460l–6a and section 6812 of
Title 16, Conservation, and enacting provisions set out
as a note under section 6812 of Title 16], section
4(i)(1)(C) of the Land and Water Conservation Fund Act
of 1965 ([former] 16 U.S.C. 460l–6a(i)(1)(C)) [see 54 U.S.C.
100904(a)] shall be applied and administered as if section
813(a) of the Federal Lands Recreation Enhancement
Act (16 U.S.C. 6812(a)) (and the amendments made by
that section [Pub. L. 108–447, amending former section
460l–6a of Title 16]) had not been enacted.’’

§ 100905. Commercial filming
(a) COMMERCIAL FILMING FEE.—
(1) IN GENERAL.—The Secretary shall require
a permit and shall establish a reasonable fee
for commercial filming activities or similar
projects in a System unit. The fee shall provide a fair return to the United States and
shall be based on the following criteria:
(A) The number of days the filming activity or similar project takes place in the System unit.
(B) The size of the film crew present in the
System unit.
(C) The amount and type of equipment
present in the System unit.
(2) OTHER FACTORS.—The Secretary may include other factors in determining an appropriate fee as the Secretary considers necessary.
(b) RECOVERY OF COSTS.—The Secretary shall
collect any costs incurred as a result of filming
activities or similar projects, including administrative and personnel costs. All costs recovered
shall be in addition to the fee assessed in subsection (a).
(c) STILL PHOTOGRAPHY.—
(1) IN GENERAL.—Except as provided in paragraph (2), the Secretary shall not require a
permit or assess a fee for still photography in
a System unit if the photography takes place
where members of the public are generally allowed. The Secretary may require a permit,
assess a fee, or both, if the photography takes
place at other locations where members of the
public are generally not allowed, or where additional administrative costs are likely.
(2) EXCEPTION.—The Secretary shall require
and shall establish a reasonable fee for still
photography that uses models or props that
are not a part of the site’s natural or cultural
resources or administrative facilities.
(d) PROTECTION OF RESOURCES.—The Secretary
shall not permit any filming, still photography

Page 29

TITLE 54—NATIONAL PARK SERVICE AND RELATED PROGRAMS

or other related activity if the Secretary determines that—
(1) there is a likelihood of resource damage;
(2) there would be an unreasonable disruption of the public’s use and enjoyment of the
site; or
(3) the activity poses health or safety risks
to the public.
(e) USE OF PROCEEDS.—
(1) FEES.—All fees collected under this section shall be available for expenditure by the
Secretary, without further appropriation and
shall remain available until expended.
(2) COSTS.—All costs recovered under this
section shall be available for expenditure by
the Secretary, without further appropriation,
at the site where the costs are collected and
shall remain available until expended.
(f) PROCESSING OF PERMIT APPLICATIONS.—The
Secretary shall establish a process to ensure
that the Secretary responds in a timely manner
to permit applicants for commercial filming,
still photography, or other activity.
(Pub. L. 113–287, § 3, Dec. 19, 2014, 128 Stat. 3117.)
HISTORICAL AND REVISION NOTES
Revised
Section
100905 .........

Source (U.S. Code)

Source (Statutes at Large)

16 U.S.C. 460l–6d (relating to the National Park Service).

Pub. L. 106–206, § 1 (relating
to the National Park
Service), May 26, 2000, 114
Stat. 314.

In subsection (e)(1), the words ‘‘in accordance with
the formula and purposes established for the Recreational Fee Demonstration Program (Public Law
104–134)’’ are omitted as obsolete because the Program
was repealed by section 813(b) of the Federal Lands
Recreation Enhancement Act (Public Law 108–447, 118
Stat. 3390).

§ 101101

HISTORICAL AND REVISION NOTES
Revised
Section

Source (U.S. Code)

Source (Statutes at Large)

100906(a) .....

16 U.S.C. 1a–2 (matter before (a), (c)
(words before
comma).

100906(b),
(c).

16 U.S.C. 1a–14.

Pub. L. 91–383, § 3 (matter
before (a)), (c), Aug. 18,
1970, 84 Stat. 826; Pub. L.
106–176, title I, § 118(2), (3),
Mar. 10, 2000, 114 Stat. 28.
Pub. L. 102–525, title III,
§ 301, Oct. 26, 1992, 106
Stat. 3441.

100906(d) .....

16 U.S.C. 1a–2(c)
(words after
comma).

REFERENCES IN TEXT
Section 14 of the Federal Advisory Committee Act,
referred to in subsec. (b), is section 14 of Pub. L. 92–463,
which is set out in the Appendix to Title 5, Government
Organization and Employees.

CHAPTER 1011—DONATIONS
SUBCHAPTER I—AUTHORITY OF SECRETARY
Sec.

101101.

Authority to accept land, rights-of-way,
buildings, other property, and money.
101102.
Authority to accept and use funds to consolidate Federal land ownership.
SUBCHAPTER II—NATIONAL PARK FOUNDATION
101111.
101112.
101113.
101114.
101115.

Purpose and establishment of Foundation.
Board.
Gifts, devises, or bequests.
Disposition of property or income.
Corporate succession and powers and duties
acting as trustee; personal liability for malfeasance.
Corporate powers.
Authority of Board.
Tax exemptions; contributions toward costs
of local government; contributions, gifts, or
transfers to or for use of United States.
Liability of United States.
Promotion of local fundraising support.
Second Century Endowment for the National
Park Service.
Authorization of appropriations; use of funds.

101116.
101117.
101118.
101119.
101120.
101121.
101122.

AMENDMENTS

§ 100906. Advisory committees
(a) ESTABLISHMENT.—To facilitate the administration of the System, the Secretary, under
such terms and conditions as the Secretary may
consider advisable, may appoint and establish
advisory committees in regard to the functions
of the Service as the Secretary considers advisable.
(b) CHARTER EXCEPTION ON RENEWAL.—Section
14(b) of the Federal Advisory Committee Act (5
U.S.C. App.) is waived with respect to any advisory commission or advisory committee established by law in connection with any System
unit during the period for which the commission
or committee is authorized by law.
(c) SERVICE OF MEMBERS.—Any member of any
advisory commission or advisory committee established in connection with any System unit
may serve after the expiration of the member’s
term until a successor is appointed.
(d) COMPENSATION AND TRAVEL EXPENSES.—
Members of an advisory committee established
under subsection (a) shall receive no compensation for their services as such but shall be allowed necessary travel expenses as authorized
by section 5703 of title 5.
(Pub. L. 113–287, § 3, Dec. 19, 2014, 128 Stat. 3118.)

2016—Pub. L. 114–289, title II, § 202(b), title IV, § 402(b),
Dec. 16, 2016, 130 Stat. 1486, 1488, added items 101121 and
101122.

SUBCHAPTER I—AUTHORITY OF
SECRETARY
§ 101101. Authority to accept land, rights-of-way,
buildings, other property, and money
The Secretary in the administration of the
Service may accept—
(1) patented land, rights-of-way over patented land or other land, buildings, or other
property within a System unit; and
(2) money that may be donated for the purposes of the System.
(Pub. L. 113–287, § 3, Dec. 19, 2014, 128 Stat. 3119.)
HISTORICAL AND REVISION NOTES
Revised
Section
101101 .........

Source (U.S. Code)
16 U.S.C. 6.

Source (Statutes at Large)
June 5, 1920, ch. 235, § 1 (2d
undesignated par. under
heading
‘‘NATIONAL
PARKS’’), 41 Stat. 917.

NATIONAL PARK SYSTEM DONOR ACKNOWLEDGMENT
Pub. L. 113–291, div. B, title XXX, § 3054, Dec. 19, 2014,
128 Stat. 3806, provided that: