TITLE 54—NATIONAL PARK SERVICE AND RELATED PROGRAMS
This title was enacted by Pub. L. 113–287, §3, Dec. 19, 2014, 128 Stat. 3094
Subtitle I—National Park System
DIVISION A—ESTABLISHMENT AND GENERAL ADMINISTRATION
DIVISION B—SYSTEM UNITS AND RELATED AREAS—RESERVED
DIVISION C—NATIONAL HERITAGE AREAS
Subtitle II—Outdoor Recreation Programs
Subtitle III—National Preservation Programs
DIVISION A—HISTORIC PRESERVATION
Subdivision 1—General Provisions
Subdivision 2—Historic Preservation Program
Subdivision 3—Advisory Council on Historic Preservation
Subdivision 4—Other Organizations and Programs
Subdivision 5—Federal Agency Historic Preservation Responsibilities
Subdivision 6—Miscellaneous
DIVISION B—ORGANIZATIONS AND PROGRAMS
Subdivision 1—Administered by National Park Service
Subdivision 2—Administered Jointly With National Park Service
Subdivision 3—Administered by Other Than National Park Service
DIVISION C—AMERICAN ANTIQUITIES
Editorial Notes
Amendments
2023—Pub. L. 117–339, §2(d), Jan. 5, 2023, 136 Stat. 6163, which directed amendment of the analysis for subtitle I of this title by adding item for division C and chapter 1201, was executed to this analysis to reflect the probable intent of Congress.
2022—Pub. L. 117–328, div. DD, title VI, §643(b), Dec. 29, 2022, 136 Stat. 5614, added item for chapter 3086.
2020—Pub. L. 116–152, §2(b), Aug. 4, 2020, 134 Stat. 685, which directed amendment of the analysis for subtitle II of this title by adding item for chapter 2004, was executed to this analysis to reflect the probable intent of Congress.
2019—Pub. L. 116–9, title II, §2407(b), Mar. 12, 2019, 133 Stat. 750, substituted "African American Civil Rights Network" for "U.S. Civil Rights Network" in item for chapter 3084.
2018—Pub. L. 115–104, §3(b), Jan. 8, 2018, 131 Stat. 2261, added item for chapter 3084.
2016—Pub. L. 114–289, title I, §101(b), title III, §301(b), Dec. 16, 2016, 130 Stat. 1484, 1487, added items for chapters 1008 and 1035.
Former United States Code Section | Disposition |
---|---|
16 U.S.C. 1 (1st sentence words before 1st comma) | 54 U.S.C. 100301 |
16 U.S.C. 1 (1st sentence words after 1st comma, 2d through 5th sentences) | 54 U.S.C. 100302 |
16 U.S.C. 1 (last sentence) | 54 U.S.C. 100101 |
16 U.S.C. 1a | Previously repealed. |
16 U.S.C. 1a–1 | 54 U.S.C. 100101 |
16 U.S.C. 1a–2 (matter before (a)) | 54 U.S.C. 100751, 100901, 100906, 101302, 101702, 101703, 102102 |
16 U.S.C. 1a–2(a) | 54 U.S.C. 101302 |
16 U.S.C. 1a–2(b) | 54 U.S.C. 101302 |
16 U.S.C. 1a–2(c) | 54 U.S.C. 100906 |
16 U.S.C. 1a–2(d) | 54 U.S.C. 101302 |
16 U.S.C. 1a–2(e) | 54 U.S.C. 100901 |
16 U.S.C. 1a–2(f) | 54 U.S.C. 100901 |
16 U.S.C. 1a–2(g) | 54 U.S.C. 101702 |
16 U.S.C. 1a–2(h) | 54 U.S.C. 100751 |
16 U.S.C. 1a–2(i) | 54 U.S.C. 101302 |
16 U.S.C. 1a–2(j) | 54 U.S.C. 101702 |
16 U.S.C. 1a–2(k) | 54 U.S.C. 102102 |
16 U.S.C. 1a–2(l ) | 54 U.S.C. 101703 |
16 U.S.C. 1a–3 | 54 U.S.C. 100754 |
16 U.S.C. 1a–4 | Repealed as obsolete. Provided that the uniform allowance for uniformed employees of the National Park Service may be up to $400 annually. Superseded by 5 U.S.C. 5901(a), which provides a uniform allowance of $400 for employees of each agency. |
16 U.S.C. 1a–5 | 54 U.S.C. 100507 |
16 U.S.C. 1a–6 | 54 U.S.C. 102701 |
16 U.S.C. 1a–7(a) | Repealed as obsolete. Required the Secretary of the Interior to transmit to the Committee on Energy and National 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 general management plans. Repealed as obsolete because of the termination of the reporting requirement with respect to Congress, effective May 15, 2000. See section 3003 of the Federal Reports Elimination and Sunset Act of 1995 (Pub. L. 104–66, 31 U.S.C. 1113 note) and page 110 of House Document No. 103–7. |
16 U.S.C. 1a–7(b) | 54 U.S.C. 100502 |
16 U.S.C. 1a–7a | 54 U.S.C. 102702 |
16 U.S.C. 1a–7b (relating to National Park System) | 54 U.S.C. 104906 |
16 U.S.C. 1a–7b (relating to National Wildlife Refuge System) | See §4(d) of bill. |
16 U.S.C. 1a–8(a) | 54 U.S.C. 101301 |
16 U.S.C. 1a–8(b) | Previously repealed. |
16 U.S.C. 1a–9 through 1a–11 | 54 U.S.C. 100505 |
16 U.S.C. 1a–12, 1a–13 | 54 U.S.C. 100506 |
16 U.S.C. 1a–14 | 54 U.S.C. 100906 |
16 U.S.C. 1b (matter before (1)) | 54 U.S.C. 100901, 101901, 102711 |
16 U.S.C. 1b(1) | 54 U.S.C. 102711 |
16 U.S.C. 1b(2) | 54 U.S.C. 100901 |
16 U.S.C. 1b(3) | Not repealed but omitted from the text of title 54. Provides for transportation of employees of Carlsbad Caverns National Park. |
16 U.S.C. 1b(4) | 54 U.S.C. 101901 |
16 U.S.C. 1b(5) through (8) | 54 U.S.C. 100901 |
16 U.S.C. 1c(a) | 54 U.S.C. 100501 |
16 U.S.C. 1c(b) | 54 U.S.C. 100755 |
16 U.S.C. 1d | 54 U.S.C. 103102 |
16 U.S.C. 1e | 54 U.S.C. 102302 |
16 U.S.C. 1f | 54 U.S.C. 101701 |
16 U.S.C. 1g | 54 U.S.C. 101702 |
16 U.S.C. 1h | 54 U.S.C. 103103 |
16 U.S.C. 1i | 54 U.S.C. 101704 |
16 U.S.C. 1j(a) through (c) | 54 U.S.C. 101702 |
16 U.S.C. 1j(d) | Repealed as unnecessary. Authorized to be appropriated sums necessary to carry out this section. |
16 U.S.C. 2 | 54 U.S.C. 100302 |
16 U.S.C. 3 (1st sentence words before "and any violation") | 54 U.S.C. 100751 |
16 U.S.C. 3 (1st sentence words after "National Park Service") | See §4(a)(1) of bill. |
16 U.S.C. 3 (2d sentence) | 54 U.S.C. 100753 |
16 U.S.C. 3 (3d sentence) | 54 U.S.C. 100752 |
16 U.S.C. 3 (last sentence) | 54 U.S.C. 102101 |
16 U.S.C. 3a | 54 U.S.C. 103104 |
16 U.S.C. 3b | Repealed as obsolete. Provided that privileges, leases, and permits granted by the Secretary to use land to accommodate park visitors could have provided for the maintenance and repair of Government improvements by the grantee. The grant authority was repealed in 1998. |
16 U.S.C. 4 | 54 U.S.C. 100303 |
16 U.S.C. 5 | 100902 |
16 U.S.C. 6 | 54 U.S.C. 101101 |
16 U.S.C. 6a | Previously repealed. |
16 U.S.C. 7 | Previously repealed. |
16 U.S.C. 7a through 7e | 54 U.S.C. 101501 |
16 U.S.C. 8 | 54 U.S.C. 101511 |
16 U.S.C. 8–1 | Previously repealed. |
16 U.S.C. 8a through 8c | 54 U.S.C. 101511 |
16 U.S.C. 8d | Repealed as unnecessary. National monuments are included in the term "System unit". |
16 U.S.C. 8e, 8f | 54 U.S.C. 101512 |
16 U.S.C. 9 | Previously repealed. |
16 U.S.C. 9a | Repealed as unnecessary. Under 16 U.S.C. 3 (1st sentence), restated as section 100751(a) of the new title, the Secretary of the Interior may make such regulations as the Secretary considers necessary or proper for the use and management of System units and a criminal penalty is provided for a violation of those regulations. |
16 U.S.C. 10 | Previously repealed. |
16 U.S.C. 10a | Previously repealed. |
16 U.S.C. 11 | 54 U.S.C. 101303 |
16 U.S.C. 12 | 54 U.S.C. 102712 |
16 U.S.C. 13 | 54 U.S.C. 101303 |
16 U.S.C. 14 | Previously repealed. |
16 U.S.C. 14a | Repealed as obsolete and unnecessary. Made appropriations available for the printing of cloth information and directional signs. |
16 U.S.C. 14b through 14e | 54 U.S.C. 103101 |
16 U.S.C. 15 | 54 U.S.C. 103101 |
16 U.S.C. 16 | 54 U.S.C. 104901 |
16 U.S.C. 17 | 54 U.S.C. 101304 |
16 U.S.C. 17a | Previously repealed. |
16 U.S.C. 17b | 54 U.S.C. 104902 |
16 U.S.C. 17b–1 | Previously repealed. |
16 U.S.C. 17c | 54 U.S.C. 102712 |
16 U.S.C. 17d | Repealed as obsolete. 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. Section 543 was repealed by section 5(b) of Public Law 97–258. |
16 U.S.C. 17e | 54 U.S.C. 104903 |
16 U.S.C. 17f through 17h | 54 U.S.C. 101304 |
16 U.S.C. 17i | 54 U.S.C. 104904 |
16 U.S.C. 17j | 54 U.S.C. 101305 |
16 U.S.C. 17j–1 | Repealed as obsolete. Provision relating to travel expenses for attendance of National Park Service field employees at authorized meetings was last enacted as section 1 (proviso in paragraph headed "General expenses" under heading "NATIONAL PARK SERVICE") of the Interior Department Appropriations Act, 1941 (ch. 395, 54 Stat. 445) and was not repeated in subsequent appropriation acts. |
16 U.S.C. 17j–2(a) | Not repealed but omitted from the text of title 54. Authorizes appropriations for necessary protection of various system units. |
16 U.S.C. 17j–2(b) through (g) | 54 U.S.C. 103102 |
16 U.S.C. 17j–2(h) | Not repealed but omitted from the text of title 54. Authorizes appropriations for acquisition of rights-of-way and maintenance of a water supply line outside the boundaries of Mesa Verde National Park. |
16 U.S.C. 17j–2(i), (j) | 54 U.S.C. 103102 |
16 U.S.C. 17k through 17n | 54 U.S.C. 100504 |
16 U.S.C. 17o (1) | Not repealed but omitted from the text of title 54. Provides purposes of this section. |
16 U.S.C. 17o (2) | 54 U.S.C. 101332 |
16 U.S.C. 17o (3) | 54 U.S.C. 101333 |
16 U.S.C. 17o (4) | Repealed as obsolete. Required that a report detailing the results of revisions of housing criteria 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. |
16 U.S.C. 17o (5) | Repealed as obsolete. Provided that the Secretary undertake a review of existing Government-owned housing provided to employees of the National Park Service. |
16 U.S.C. 17o (6) | 54 U.S.C. 101334 |
16 U.S.C. 17o (7), (8) | 54 U.S.C. 101335 |
16 U.S.C. 17o (9) | 54 U.S.C. 101332 |
16 U.S.C. 17o (10) | 54 U.S.C. 101336 |
16 U.S.C. 17o (11) | 54 U.S.C. 101337 |
16 U.S.C. 17o (12) | 54 U.S.C. 101339 |
16 U.S.C. 17o (13), (14) | 54 U.S.C. 101340 |
16 U.S.C. 17o (15) | Repealed as obsolete. Provided that 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. |
16 U.S.C. 17o (16) | Repealed as obsolete. Provided that within 18 months after November 12, 1996, the Secretary complete a study of the sale of Government quarters to a cooperative consisting of field employees. |
16 U.S.C. 17o (17)(A), (B) | 54 U.S.C. 101332 |
16 U.S.C. 17o (17)(C) | 54 U.S.C. 101338 |
16 U.S.C. 17o (18) | 54 U.S.C. 101338 |
16 U.S.C. 17o (19) | 54 U.S.C. 101331 |
16 U.S.C. 18 | Transfer to 15 U.S.C. 1544 |
16 U.S.C. 18a | Transfer to 15 U.S.C. 1545 |
16 U.S.C. 18b | Transfer to 15 U.S.C. 1546 |
16 U.S.C. 18c | Transfer to 15 U.S.C. 1547 |
16 U.S.C. 18d | Transfer to 15 U.S.C. 1548 |
16 U.S.C. 18e | Previously repealed. |
16 U.S.C. 18f (1st sentence) | 54 U.S.C. 102501 |
16 U.S.C. 18f (less 1st sentence) | 54 U.S.C. 102503 |
16 U.S.C. 18f–1 | Not repealed but omitted from text of title 54. Provides that the Secretary may exercise the authorities granted in 16 U.S.C. 18f in administration of the Department of the Interior Museum and may dispose of unnecessary or duplicate museum objects. |
16 U.S.C. 18f–2(a) | 54 U.S.C. 102503 |
16 U.S.C. 18f–2(b) | 54 U.S.C. 102504 |
16 U.S.C. 18f–3(a) | Repealed as obsolete. Provided that authorities were available to the Secretary with regard to museum objects and collections under the administrative jurisdiction of the Secretary before November 12, 1996, as well as those acquired on or after November 12, 1996. |
16 U.S.C. 18f–3(b) | 54 U.S.C. 102502 |
16 U.S.C. 18g through 18j | 54 U.S.C. 102301 |
16 U.S.C. 19 through 19c | Previously repealed. |
16 U.S.C. 19d | Previously repealed. |
16 U.S.C. 19e | 54 U.S.C. 101111 |
16 U.S.C. 19f | 54 U.S.C. 101112 |
16 U.S.C. 19g | 54 U.S.C. 101113 |
16 U.S.C. 19h | 54 U.S.C. 101114 |
16 U.S.C. 19i | 54 U.S.C. 101115 |
16 U.S.C. 19j | 54 U.S.C. 101116 |
16 U.S.C. 19k | 54 U.S.C. 101117 |
16 U.S.C. 19l | 54 U.S.C. 101118 |
16 U.S.C. 19m | 54 U.S.C. 101119 |
16 U.S.C. 19n | Repealed as obsolete. Required the National Park Foundation to transmit to Congress an annual report of its proceedings and activities. Repealed as obsolete because of the termination of the reporting requirement with respect to Congress, effective May 15, 2000. See section 3003 of the Federal Reports Elimination and Sunset Act of 1995 (Pub. L. 104–66, 31 U.S.C. 1113 note) and page 204 of House Document No. 103–7. |
16 U.S.C. 19o | 54 U.S.C. 101120 |
16 U.S.C. 19aa through 19gg | Previously repealed. |
16 U.S.C. 19jj | 54 U.S.C. 100721 |
16 U.S.C. 19jj–1 | 54 U.S.C. 100722 |
16 U.S.C. 19jj–2 | 54 U.S.C. 100723 |
16 U.S.C. 19jj–3 | 54 U.S.C. 100724 |
16 U.S.C. 19jj–4 | 54 U.S.C. 100725 |
16 U.S.C. 20 through 20g | Previously repealed. |
16 U.S.C. 79 | 54 U.S.C. 100902 |
16 U.S.C. 411 | 54 U.S.C. 103301 |
16 U.S.C. 412 | 54 U.S.C. 103302 |
16 U.S.C. 413 | See §4(a)(1) of bill. |
16 U.S.C. 414 | See §4(a)(1) of bill. |
16 U.S.C. 415 | Previously repealed. |
16 U.S.C. 416 | 54 U.S.C. 103304 |
16 U.S.C. 417 | Repealed as obsolete. Authorized acceptance of donations of land for road or other purposes. It is considered obsolete by the Judge Advocate General. See J.A.G. 601.1, June 27, 1935. |
16 U.S.C. 418 | Previously repealed. |
16 U.S.C. 419 | Previously transferred to 16 U.S.C. 79. |
16 U.S.C. 420 | Not repealed but omitted from the text of title 54. |
16 U.S.C. 421 | 54 U.S.C. 103303 |
16 U.S.C. 431 | 54 U.S.C. 320301 |
16 U.S.C. 431a | 54 U.S.C. 320301 |
16 U.S.C. 432 (1st sentence) | 54 U.S.C. 320302 |
16 U.S.C. 432 (last sentence) | 54 U.S.C. 320303 |
16 U.S.C. 433 | See §4(a)(1) of bill. |
16 U.S.C. 451 | Previously repealed. |
16 U.S.C. 451a | 54 U.S.C. 104907 |
16 U.S.C. 452 | Repealed as unnecessary. Provided that all revenues of the national parks be covered into the Treasury to the credit of miscellaneous receipts. Unnecessary because 31 U.S.C. 3302(b) provides that an official or agent of the Government receiving money for the Government shall deposit the money in the Treasury. |
16 U.S.C. 452a | 54 U.S.C. 101102 |
16 U.S.C. 453 | Not repealed but omitted from the text of title 54. Provides for the acceptance for park purposes of land and rights-of-way near or adjacent to the Government national forest in western North Carolina. |
16 U.S.C. 454 | Previously repealed. |
16 U.S.C. 455 through 455c | 54 U.S.C. 103306 |
16 U.S.C. 456 | Repealed as unnecessary because appropriations made for the administration, protection, and maintenance of national parks and national monuments include the authority that the appropriations shall be available for the expense of depositing public money, as required under 31 U.S.C. 3302(b). |
16 U.S.C. 456a | 54 U.S.C. 103101 |
16 U.S.C. 457 | See §4(b)(1) of bill. |
16 U.S.C. 458 | 54 U.S.C. 103305 |
16 U.S.C. 458a | 54 U.S.C. 104908 |
16 U.S.C. 460l | 54 U.S.C. 200101 |
16 U.S.C. 460l–1 | 54 U.S.C. 200103 |
16 U.S.C. 460l–2 | 54 U.S.C. 200104 |
16 U.S.C. 460l–3 | 54 U.S.C. 200102 |
16 U.S.C. 460l–4 | Not repealed but omitted from the text of title 54. Provides purposes of this part. |
16 U.S.C. 460l–5 | 54 U.S.C. 200302 |
16 U.S.C. 460l–5a | Previously repealed. |
16 U.S.C. 460l–6 | 54 U.S.C. 200303 |
16 U.S.C. 460l–6a(a) through (g) | Previously repealed. |
16 U.S.C. 460l–6a(h) | Previously repealed. |
16 U.S.C. 460l–6a(i)(1)(A), (B) | Previously repealed. |
16 U.S.C. 460l–6a(i)(1)(C) | 54 U.S.C. 100904 |
16 U.S.C. 460l–6a(i)(2) through (4) | Previously repealed. |
16 U.S.C. 460l–6a(j) through (n) | 54 U.S.C. 100904 |
16 U.S.C. 460l–6b | Previously repealed. |
16 U.S.C. 460l–6c | Outside scope of this codification. Authorizes the Secretary of Agriculture to charge admission or entrance fees at national monuments, national volcanic monuments, national scenic areas, and areas of concentrated public use administered by the Secretary and recreation fees at land administered by the Secretary in connection with the use of specialized outdoor recreation sites, equipment, services, and facilities. |
16 U.S.C. 460l–6d (relating to the National Park Service) | 54 U.S.C. 100905 |
16 U.S.C. 460l–6d (less National Park Service) | See §4(c) of bill. |
16 U.S.C. 460l–7 | 54 U.S.C. 200304 |
16 U.S.C. 460l–8(b)(5) (last sentence) | 54 U.S.C. 200301 |
16 U.S.C. 460l–8 (less (b)(5) (last sentence)) | 54 U.S.C. 200305 |
16 U.S.C. 460l–9(a), (b) | 54 U.S.C. 200306 |
16 U.S.C. 460l–9(c) | 54 U.S.C. 100506 |
16 U.S.C. 460l–10 | 54 U.S.C. 200307 |
16 U.S.C. 460l–10a | 54 U.S.C. 200308 |
16 U.S.C. 460l–10b | 54 U.S.C. 200309 |
16 U.S.C. 460l–10c | Repealed as obsolete. Repealed provisions of law that prohibited collection of recreation fees or user charges or that restricted the expenditure of funds if the fees or charges were collected. |
16 U.S.C. 460l–10d | Repealed as obsolete. Required the Secretary, within 1 year after September 28, 1976, to submit a report to the Committees on Interior and Insular Affairs of the Senate and House of Representatives on the needs, problems, and opportunities associated with urban recreation in highly populated areas. |
16 U.S.C. 460l–10e | Repealed as obsolete. Created an advisory committee to review the opportunities for enhanced opportunities for water-based recreation, which was to submit a report to the President, the Committee on Energy and Natural Resources of the Senate, and the Committee on Transportation and Infrastructure and the Committee on Resources of the House of Representatives within 1 year from November 12, 1996. |
16 U.S.C. 460l–11 | 54 U.S.C. 200310 |
16 U.S.C. 460l–22(a), (b) | 54 U.S.C. 102901 |
16 U.S.C. 460l–22(c) | 54 U.S.C. 100903 |
16 U.S.C. 460l–22(d) | 54 U.S.C. 102901 |
16 U.S.C. 461 | 54 U.S.C. 320101 |
16 U.S.C. 462(a) through (k) (1st sentence) | 54 U.S.C. 320102 |
16 U.S.C. 462(k) (last sentence) | See §4(a)(1) of bill. |
16 U.S.C. 463(a) through (f) | 54 U.S.C. 102303 |
16 U.S.C. 463(g) | 54 U.S.C. 102304 |
16 U.S.C. 464 | 54 U.S.C. 320103 |
16 U.S.C. 465 | 54 U.S.C. 320104 |
16 U.S.C. 466(a) | 54 U.S.C. 320106 |
16 U.S.C. 466(b) | Repealed as obsolete. Provided that nothing in 16 U.S.C. 466 prohibited or limited the expenditure or obligation of funds appropriated prior to January 1, 1993. |
16 U.S.C. 466(c) | Repealed as unnecessary. Authorized to be appropriated sums necessary to carry out sections 461 to 467. |
16 U.S.C. 467 | Repealed as obsolete and unnecessary. Provided that the provisions of 16 U.S.C. 461 to 467 control if there is a conflict with another Act. The section only applied to laws enacted before August 21, 1935. In addition, it is a general rule that a later enacted law controls if there is a conflict. |
16 U.S.C. 467a, 467a–1 | Previously repealed. |
16 U.S.C. 467b(a) through (c) | 54 U.S.C. 309101 |
16 U.S.C. 467b(d) | Repealed as unnecessary. Authorized to be appropriated sums necessary to carry out this section. |
16 U.S.C. 468 | 54 U.S.C. 312102 |
16 U.S.C. 468a | 54 U.S.C. 312103 |
16 U.S.C. 468b | 54 U.S.C. 312104 |
16 U.S.C. 468c | 54 U.S.C. 312105 |
16 U.S.C. 468d | 54 U.S.C. 312106. |
16 U.S.C. 468e | Previously repealed. |
16 U.S.C. 469 | Not repealed but omitted from the text of title 54. Provides purpose of 16 U.S.C. 469 to 469c–1. |
16 U.S.C. 469a | 54 U.S.C. 312505 |
16 U.S.C. 469a–1 | 54 U.S.C. 312502 |
16 U.S.C. 469a–2 | 54 U.S.C. 312503 |
16 U.S.C. 469a–3 | 54 U.S.C. 312504 |
16 U.S.C. 469b | 54 U.S.C. 312506 |
16 U.S.C. 469c | 54 U.S.C. 312507 |
16 U.S.C. 469c–1 | 54 U.S.C. 312501 |
16 U.S.C. 469c–2 | 54 U.S.C. 312508 |
16 U.S.C. 469j(a) | 54 U.S.C. 312302 |
16 U.S.C. 469j(b) | 54 U.S.C. 312303 |
16 U.S.C. 469j(c) | 54 U.S.C. 312304 |
16 U.S.C. 469j(d) through (f) | 54 U.S.C. 312303 |
16 U.S.C. 469j(g) | 54 U.S.C. 312304 |
16 U.S.C. 469j(h) | 54 U.S.C. 312305 |
16 U.S.C. 469k | Previously repealed. |
16 U.S.C. 469k–1(a) | Not repealed but omitted from the text of title 54. Provides purpose of this section. |
16 U.S.C. 469k–1(b) | 54 U.S.C. 308102 |
16 U.S.C. 469k–1(c)(1)(A) through (C) | 54 U.S.C. 308103 |
16 U.S.C. 469k–1(c)(1)(D) | 54 U.S.C. 308101 |
16 U.S.C. 469k–1(c)(2) through (6) | 54 U.S.C. 308103 |
16 U.S.C. 469l (a) | Not repealed but omitted from the text of title 54. Provides findings for 16 U.S.C. 469l to 469l–3. |
16 U.S.C. 469l (b) | Not repealed but omitted from the text of title 54. Provides purposes of 16 U.S.C. 469l to 469l–3. |
16 U.S.C. 469l–1 | 54 U.S.C. 308302 |
16 U.S.C. 469l–2 | 54 U.S.C. 308303 |
16 U.S.C. 469l–3 | 54 U.S.C. 308304 |
16 U.S.C. 469m(a) | Outside the scope of this codification. Section 7111(a) of the Omnibus Public Land Management Act of 2009 (Public Law 111–11, 123 Stat. 1199), which established the Votes for Women's History Trail Route, is classified to 16 U.S.C. 410ll–1. |
16 U.S.C. 469m(b) | 54 U.S.C. 308501 |
16 U.S.C. 469m(c) | 54 U.S.C. 308502 |
16 U.S.C. 469n(a) | Not repealed but omitted from the text of title 54. Provides purpose of this section. |
16 U.S.C. 469n(b) | 54 U.S.C. 311101 |
16 U.S.C. 469n(c) | 54 U.S.C. 311102 |
16 U.S.C. 469n(d) | 54 U.S.C. 311103 |
16 U.S.C. 469n(e) | 54 U.S.C. 311104 |
16 U.S.C. 469n(f) | 54 U.S.C. 311105 |
16 U.S.C. 469o (a) | 54 U.S.C. 308902 |
16 U.S.C. 469o (b) | 54 U.S.C. 308901 |
16 U.S.C. 469o (c)(1) | 54 U.S.C. 308902 |
16 U.S.C. 469o (c)(2) through (7) | 54 U.S.C. 308903 |
16 U.S.C. 469o (d) | 54 U.S.C. 308904 |
16 U.S.C. 469o (e) | 54 U.S.C. 308905 |
16 U.S.C. 470(a) | Not repealed but omitted from the text of title 54. Provides short title of this subchapter. |
16 U.S.C. 470(b) | Not repealed but omitted from the text of title 54. Provides findings for this subchapter. |
16 U.S.C. 470–1 | 54 U.S.C. 300101 |
16 U.S.C. 470a(a)(1)(A) (1st sentence) | 54 U.S.C. 302101 |
16 U.S.C. 470a(a)(1)(A) (last sentence) | 54 U.S.C. 302106 |
16 U.S.C. 470a(a)(1)(B) | 54 U.S.C. 302102 |
16 U.S.C. 470a(a)(2) | 54 U.S.C. 302103 |
16 U.S.C. 470a(a)(3) through (5) | 54 U.S.C. 302104 |
16 U.S.C. 470a(a)(6) | 54 U.S.C. 302105 |
16 U.S.C. 470a(a)(7) | 54 U.S.C. 302107 |
16 U.S.C. 470a(a)(8) | 54 U.S.C. 302108 |
16 U.S.C. 470a(b)(1) | 54 U.S.C. 302301 |
16 U.S.C. 470a(b)(2) | 54 U.S.C. 302302 |
16 U.S.C. 470a(b)(3) | 54 U.S.C. 302303 |
16 U.S.C. 470a(b)(4) | 54 U.S.C. 302304 |
16 U.S.C. 470a(b)(5) | Repealed as obsolete. Provided that any State historic preservation program in effect under prior authority of law could be treated as an approved program for purposes of 16 U.S.C. 470a(b) until the earlier of the date on which the Secretary approved a program submitted by the State under 16 U.S.C. 470a(b) or 3 years after December 12, 1992. |
16 U.S.C. 470a(b)(6) | 54 U.S.C. 302304 |
16 U.S.C. 470a(c)(1) (1st sentence) | 54 U.S.C. 302502 |
16 U.S.C. 470a(c)(1) (2d, last sentences) | 54 U.S.C. 302503 |
16 U.S.C. 470a(c)(2) | 54 U.S.C. 302504 |
16 U.S.C. 470a(c)(3) | 54 U.S.C. 302505 |
16 U.S.C. 470a(c)(4) | 54 U.S.C. 302501 |
16 U.S.C. 470a(d)(1) | 54 U.S.C. 302701 |
16 U.S.C. 470a(d)(2) | 54 U.S.C. 302702 |
16 U.S.C. 470a(d)(3) | 54 U.S.C. 302703 |
16 U.S.C. 470a(d)(4) | 54 U.S.C. 302704 |
16 U.S.C. 470a(d)(5) | 54 U.S.C. 302705 |
16 U.S.C. 470a(d)(6) | 54 U.S.C. 302706 |
16 U.S.C. 470a(e)(1) | 54 U.S.C. 302902 |
16 U.S.C. 470a(e)(2) | 54 U.S.C. 302903 |
16 U.S.C. 470a(e)(3)(A) | 54 U.S.C. 302904 |
16 U.S.C. 470a(e)(3)(B) | 54 U.S.C. 302906 |
16 U.S.C. 470a(e)(3)(C) | 54 U.S.C. 302904 |
16 U.S.C. 470a(e)(4) | 54 U.S.C. 302905 |
16 U.S.C. 470a(e)(5) | 54 U.S.C. 302907 |
16 U.S.C. 470a(e)(6) | 54 U.S.C. 302908 |
16 U.S.C. 470a(f) | 54 U.S.C. 302909 |
16 U.S.C. 470a(g), (h) | 54 U.S.C. 306101 |
16 U.S.C. 470a(i) | 54 U.S.C. 303902 |
16 U.S.C. 470a(j) | 54 U.S.C. 303903 |
16 U.S.C. 470a–1 | 54 U.S.C. 307101 |
16 U.S.C. 470a–2 | 54 U.S.C. 307101 |
16 U.S.C. 470b(a) (1st sentence paragraph (1)) | 54 U.S.C. 302901 |
16 U.S.C. 470b(a) (1st sentence paragraphs (2) through (6)) | 54 U.S.C. 302902 |
16 U.S.C. 470b(a) (2d sentence) | 54 U.S.C. 302902 |
16 U.S.C. 470b(a) (last sentence) | 54 U.S.C. 302901 |
16 U.S.C. 470b(b) | 54 U.S.C. 302902 |
16 U.S.C. 470b(c) | Previously repealed. |
16 U.S.C. 470b(d) (relating to remaining cost of project) | 54 U.S.C. 302902 |
16 U.S.C. 470b(d) (relating to availability) | 54 U.S.C. 302901 |
16 U.S.C. 470b(e) | 54 U.S.C. 302902 |
16 U.S.C. 470b–1 | 54 U.S.C. 302903 |
16 U.S.C. 470c | 54 U.S.C. 302902 |
16 U.S.C. 470d | 54 U.S.C. 303901 |
16 U.S.C. 470e | 54 U.S.C. 302910 |
16 U.S.C. 470f | 54 U.S.C. 306108 |
16 U.S.C. 470g | 54 U.S.C. 307104 |
16 U.S.C. 470h (1st paragraph) | 54 U.S.C. 303101 |
16 U.S.C. 470h (last paragraph 1st sentence) | 54 U.S.C. 303102 |
16 U.S.C. 470h (last paragraph last sentence) | 54 U.S.C. 303103 |
16 U.S.C. 470h–1 | 54 U.S.C. 307108 |
16 U.S.C. 470h–2(a)(1) | 54 U.S.C. 306101 |
16 U.S.C. 470h–2(a)(2) | 54 U.S.C. 306102 |
16 U.S.C. 470h–2(b) | 54 U.S.C. 306103 |
16 U.S.C. 470h–2(c) | 54 U.S.C. 306104 |
16 U.S.C. 470h–2(d) | 54 U.S.C. 306105 |
16 U.S.C. 470h–2(e) | 54 U.S.C. 306106 |
16 U.S.C. 470h–2(f) | 54 U.S.C. 306107 |
16 U.S.C. 470h–2(g) | 54 U.S.C. 306109 |
16 U.S.C. 470h–2(h) | 54 U.S.C. 306110 |
16 U.S.C. 470h–2(i) | 54 U.S.C. 306111 |
16 U.S.C. 470h–2(j) | 54 U.S.C. 306112 |
16 U.S.C. 470h–2(k) | 54 U.S.C. 306113 |
16 U.S.C. 470h–2(l ) | 54 U.S.C. 306114 |
16 U.S.C. 470h–3(a), (b) | 54 U.S.C. 306121 |
16 U.S.C. 470h–3(c) | 54 U.S.C. 306122 |
16 U.S.C. 470h–4 | 54 U.S.C. 306131 |
16 U.S.C. 470h–5 | Repealed as obsolete. Provided that the Secretary study the suitability and feasibility of alternatives for controlling illegal interstate and international traffic in antiquities and not later than 18 months after October 30, 1992, submit to Congress a report detailing the Secretary's findings and recommendations from the study. |
16 U.S.C. 470i | 54 U.S.C. 304101 |
16 U.S.C. 470j | 54 U.S.C. 304102 |
16 U.S.C. 470k | 54 U.S.C. 304103 |
16 U.S.C. 470l | 54 U.S.C. 304104 |
16 U.S.C. 470m | 54 U.S.C. 304105 |
16 U.S.C. 470n | 54 U.S.C. 304106 |
16 U.S.C. 470o | Repealed as obsolete. Provided that personnel, property, records, and unexpended balances of funds be transferred by the Department of the Interior to the Advisory Council on Historic Preservation within 60 days of the effective date of Public Law 94–422, which was approved on September 28, 1976. |
16 U.S.C. 470p | 54 U.S.C. 304105 |
16 U.S.C. 470q | 54 U.S.C. 304105 |
16 U.S.C. 470r | 54 U.S.C. 304107 |
16 U.S.C. 470s | 54 U.S.C. 304108 |
16 U.S.C. 470t(a) (1st sentence) | 54 U.S.C. 304109 |
16 U.S.C. 470t(a) (last sentence) | Repealed as unnecessary. Authorized to be appropriated amounts necessary to carry out this part. |
16 U.S.C. 470t(b) | 54 U.S.C. 304109 |
16 U.S.C. 470u | 54 U.S.C. 304110 |
16 U.S.C. 470v | 54 U.S.C. 304108 |
16 U.S.C. 470v–1 | 54 U.S.C. 304111 |
16 U.S.C. 470v–2 | 54 U.S.C. 304112 |
16 U.S.C. 470w(1) | 54 U.S.C. 300301 |
16 U.S.C. 470w(2) | 54 U.S.C. 300317 |
16 U.S.C. 470w(3) | 54 U.S.C. 300310 |
16 U.S.C. 470w(4) | 54 U.S.C. 300309 |
16 U.S.C. 470w(5) | 54 U.S.C. 300308 |
16 U.S.C. 470w(6) | 54 U.S.C. 300311 |
16 U.S.C. 470w(7) | 54 U.S.C. 300320 |
16 U.S.C. 470w(8) | 54 U.S.C. 300315 |
16 U.S.C. 470w(9) | 54 U.S.C. 300304 |
16 U.S.C. 470w(10) | 54 U.S.C. 300305 |
16 U.S.C. 470w(11) | 54 U.S.C. 300316 |
16 U.S.C. 470w(12) | 54 U.S.C. 300318 |
16 U.S.C. 470w(13) | 54 U.S.C. 300307 |
16 U.S.C. 470w(14) | 54 U.S.C. 300319 |
16 U.S.C. 470w(15) | 54 U.S.C. 300302 |
16 U.S.C. 470w(16) | 54 U.S.C. 300303 |
16 U.S.C. 470w(17) | 54 U.S.C. 300313 |
16 U.S.C. 470w(18) | 54 U.S.C. 300314 |
16 U.S.C. 470w–1 | 54 U.S.C. 307106 |
16 U.S.C. 470w–2 | 54 U.S.C. 307107 |
16 U.S.C. 470w–3 | 54 U.S.C. 307103 |
16 U.S.C. 470w–4 | 54 U.S.C. 307105 |
16 U.S.C. 470w–5(a) (1st sentence) | 54 U.S.C. 305502 |
16 U.S.C. 470w–5(a) (last sentence) | 54 U.S.C. 305503 |
16 U.S.C. 470w–5(b) | 54 U.S.C. 305502 |
16 U.S.C. 470w–5(c) | 54 U.S.C. 305504 |
16 U.S.C. 470w–5(d) | Repealed as obsolete. Provided for the renovation of the site on which the National Museum for the Building Arts is located. |
16 U.S.C. 470w–5(e) | 54 U.S.C. 305505 |
16 U.S.C. 470w–5(f) | 54 U.S.C. 305501 |
16 U.S.C. 470w–6 | 54 U.S.C. 307102 |
16 U.S.C. 470w–7(a) | 54 U.S.C. 305102 |
16 U.S.C. 470w–7(b) | 54 U.S.C. 305103 |
16 U.S.C. 470w–7(c) | 54 U.S.C. 305104 |
16 U.S.C. 470w–7(d) | 54 U.S.C. 305105 |
16 U.S.C. 470w–7(e) | 54 U.S.C. 305101 |
16 U.S.C. 470w–8 | 54 U.S.C. 305106 |
16 U.S.C. 470x | Not repealed but omitted from the text of title 54. Provides findings for this part. |
16 U.S.C. 470x–1 | 54 U.S.C. 305301 |
16 U.S.C. 470x–2 | 54 U.S.C. 305302 |
16 U.S.C. 470x–3 | 54 U.S.C. 305303 |
16 U.S.C. 470x–4 | 54 U.S.C. 305304 |
16 U.S.C. 470x–5 | 54 U.S.C. 305305 |
16 U.S.C. 470x–6 | 54 U.S.C. 305306 |
16 U.S.C. 523 | Not repealed but omitted from the text of title 54. |
16 U.S.C. 1901 | 54 U.S.C. 100731 |
16 U.S.C. 1902 | 54 U.S.C. 100732 |
16 U.S.C. 1903 | Repealed as obsolete. Provided for a 4-year cessation of certain mining operations within the boundaries of Death Valley National Monument, Mount McKinley National Park, and Organ Pipe Cactus National Monument, subject to exceptions. |
16 U.S.C. 1904 | Repealed as obsolete. Provided for the inapplicability of requirements for annual expenditures on mining claims to mining operations during the 4-year period under 16 U.S.C. 1903. |
16 U.S.C. 1905 | Repealed as obsolete. Provided that within 2 years the Secretary of the Interior determine the validity of unpatented mining claims within Glacier Bay National Monument, Death Valley and Organ Pipe Cactus National Monuments, and Mount McKinley National Park, submit to Congress recommendations for acquisition of valid claims, and study and submit to Congress recommendations for modifications of the existing boundaries of Death Valley National Monument and Glacier Bay National Monument. |
16 U.S.C. 1906 | Repealed as obsolete. Provided that within 4 years the Secretary determine the validity of unpatented mining claims within Crater Lake National Park, Coronado National Memorial, and Glacier Bay National Monument and submit to Congress recommendations for acquisition of valid claims. |
16 U.S.C. 1907 | 54 U.S.C. 100733 |
16 U.S.C. 1908(a) | 54 U.S.C. 100734 |
16 U.S.C. 1908(b) | Repealed as obsolete. Provided that within 2 years the Advisory Council on Historic Preservation report to Congress on effects of surface mining activities on natural and historical landmarks, including recommendations for protective legislation. |
16 U.S.C. 1909 | Repealed as unnecessary. Provisions are severable unless otherwise stated. |
16 U.S.C. 1910 | 54 U.S.C. 100735 |
16 U.S.C. 1911 | 54 U.S.C. 100736 |
16 U.S.C. 1912(a) through (c) | 54 U.S.C. 100737 |
16 U.S.C. 1912(d) | See §4(a)(1) of bill. |
16 U.S.C. 2301 | Not repealed but omitted from the text of title 54. Provides findings for and purposes of this chapter. |
16 U.S.C. 2302 | 54 U.S.C. 101521 |
16 U.S.C. 2303 | 54 U.S.C. 101522 |
16 U.S.C. 2304 | 54 U.S.C. 101523 |
16 U.S.C. 2305 | Repealed as obsolete. Required the Secretary to submit to Congress, within 3 years after August 15, 1978, a report on the preservation of natural resource values within units of the National Park System through access alternatives and on transportation projects for units of the System. |
16 U.S.C. 2306 | Repealed as obsolete. Authorized appropriations for fiscal years 1979 to 1981. |
16 U.S.C. 2501 | Not repealed but omitted from the text of title 54. Provides findings for this chapter. |
16 U.S.C. 2502 | Not repealed but omitted from the text of title 54. Provides purpose of this chapter. |
16 U.S.C. 2503 | 54 U.S.C. 200501 |
16 U.S.C. 2504 | 54 U.S.C. 200502 |
16 U.S.C. 2505 | 54 U.S.C. 200503 |
16 U.S.C. 2506 | 54 U.S.C. 200504 |
16 U.S.C. 2507 | 54 U.S.C. 200505 |
16 U.S.C. 2508 | 54 U.S.C. 200506 |
16 U.S.C. 2509 | 54 U.S.C. 200507 |
16 U.S.C. 2510 | 54 U.S.C. 200508 |
16 U.S.C. 2511 | 54 U.S.C. 200509 |
16 U.S.C. 2512(a) (1st paragraph) | 54 U.S.C. 200511 |
16 U.S.C. 2512(a) (last paragraph) | 54 U.S.C. 200510 |
16 U.S.C. 2512(b) | 54 U.S.C. 200511 |
16 U.S.C. 2513 | 54 U.S.C. 200511 |
16 U.S.C. 2514 | Repealed as obsolete. Provided that within 90 days of the expiration of this authority, the Secretary report to Congress on the overall impact of the program. The program originally was to run for 5 years and be a short-term project but the limitations were removed in 1994. |
16 U.S.C. 5401 | Not repealed but omitted from the text of title 54. Provides findings for the National Maritime Heritage Act of 1994 (Pub. L. 103–451, 108 Stat. 4769). |
16 U.S.C. 5402 | 54 U.S.C. 308701 |
16 U.S.C. 5403 | 54 U.S.C. 308703 |
16 U.S.C. 5404 | Repealed as obsolete. Established a National Maritime Heritage Grants Advisory Committee. The Committee terminated on September 30, 2000. |
16 U.S.C. 5405 | 54 U.S.C. 308704 |
16 U.S.C. 5406 | 54 U.S.C. 308702 |
16 U.S.C. 5407 | 54 U.S.C. 308706 |
16 U.S.C. 5408 | 54 U.S.C. 308707 |
16 U.S.C. 5409 | 54 U.S.C. 308705 |
16 U.S.C. 5901 | Repealed as unnecessary. Provided definition of "Secretary". Unnecessary because of the definition of "Secretary" in section 100102 of the new title. |
16 U.S.C. 5911 | 54 U.S.C. 100701 |
16 U.S.C. 5912 | 54 U.S.C. 101321 |
16 U.S.C. 5913 | 54 U.S.C. 101322 |
16 U.S.C. 5914 | 54 U.S.C. 100503 |
16 U.S.C. 5931 | Not repealed but omitted from the text of title 54. Provides purposes of this subchapter. |
16 U.S.C. 5932 | 54 U.S.C. 100702 |
16 U.S.C. 5933(a) | 54 U.S.C. 100703 |
16 U.S.C. 5953(b) | Repealed as obsolete. Provided that within one year after November 13, 1998, the Secretary report on progress in the establishment of a comprehensive network of such college- and university-based cooperative study units as will provide full geographic and topical coverage for research on the resources contained in System units and their larger regions. |
16 U.S.C. 5934 | 54 U.S.C. 100704 |
16 U.S.C. 5935 | 54 U.S.C. 100705 |
16 U.S.C. 5936 | 54 U.S.C. 100706 |
16 U.S.C. 5937 | 54 U.S.C. 100707 |
16 U.S.C. 5951 | 54 U.S.C. 101912 |
16 U.S.C. 5952(1) through (7)(B) | 54 U.S.C. 101913 |
16 U.S.C. 5952(7)(C) | 54 U.S.C. 101911 |
16 U.S.C. 5952(7)(D) through (11) | 54 U.S.C. 101913 |
16 U.S.C. 5953 | 54 U.S.C. 101914 |
16 U.S.C. 5954(a) through (e) | 54 U.S.C. 101915 |
16 U.S.C. 5954(f) | Repealed as obsolete. Provided that not later than 7 years after November 13, 1998, the Secretary submit a report on the concession program. |
16 U.S.C. 5954 note | 54 U.S.C. 101915 |
16 U.S.C. 5955 | 54 U.S.C. 101916 |
16 U.S.C. 5956 | 54 U.S.C. 101917 |
16 U.S.C. 5957 | 54 U.S.C. 101918 |
16 U.S.C. 5958 | 54 U.S.C. 101919 |
16 U.S.C. 5959 | 54 U.S.C. 101920 |
16 U.S.C. 5960 | 54 U.S.C. 101921 |
16 U.S.C. 5961(a) | 54 U.S.C. 101524 |
16 U.S.C. 5961(b) | Repealed as obsolete. Provided that with respect to a service contract for the provision solely of transportation services at Zion National Park, the Secretary could obligate the expenditure of fees received in fiscal year 2002 under 16 U.S.C. 5981 before the fees were received. |
16 U.S.C. 5962 | 54 U.S.C. 101922 |
16 U.S.C. 5963 | 54 U.S.C. 101923 |
16 U.S.C. 5964 | 54 U.S.C. 101924 |
16 U.S.C. 5965 | 54 U.S.C. 101926 |
16 U.S.C. 5966 | 54 U.S.C. 101925 |
16 U.S.C. 5981 | 54 U.S.C. 101531 |
16 U.S.C. 5982 | Previously repealed. |
16 U.S.C. 5991 through 5995 | Previously repealed. |
16 U.S.C. 6011 | Repealed as obsolete. Required the Secretary to submit to the Committees on Energy and Natural Resources and Appropriations of the Senate and the Committees on Resources and Appropriations of the House of Representatives, not later than one year after November 13, 1998, a report on law enforcement programs of the National Park Service. |
Statutory Notes and Related Subsidiaries
Enactment of Title
Pub. L. 113–287, §3, Dec. 19, 2014, 128 Stat. 3094, provided in part that: "Title 54, United States Code, 'National Park Service and Related Programs', is enacted as follows".
Purpose; Conformity With Original Intent
Pub. L. 113–287, §2, Dec. 19, 2014, 128 Stat. 3094, provided that:
"(a)
"(b)
Transitional and Savings Provisions
Pub. L. 113–287, §6, Dec. 19, 2014, 128 Stat. 3272, provided that:
"(a)
"(1)
"(2)
"(b)
"(c)
"(d)
"(e)
"(f)
"(g)
Repeals
Pub. L. 113–287, §7, Dec. 19, 2014, 128 Stat. 3272, repealed specified laws relating to the National Park System, except with respect to rights and duties that matured, penalties that were incurred, or proceedings that were begun before Dec. 19, 2014.
2 So in original. Probably should be followed by a period.
Subtitle I—National Park System
DIVISION A—ESTABLISHMENT AND GENERAL ADMINISTRATION
CHAPTER 1001—GENERAL PROVISIONS
§100101. Promotion and regulation
(a)
(b)
(1) 1970
(A) the National Park System, which began with establishment of Yellowstone National Park in 1872, has since grown to include superlative natural, historic, and recreation areas in every major region of the United States and its territories and possessions;
(B) these areas, though distinct in character, are united through their interrelated purposes and resources into one National Park System as cumulative expressions of a single national heritage;
(C) individually and collectively, these areas derive increased national dignity and recognition of their superb environmental quality through their inclusion jointly with each other in one System preserved and managed for the benefit and inspiration of all the people of the United States; and
(D) it is the purpose of this division to include all these areas in the System and to clarify the authorities applicable to the System.
(2) 1978
(Pub. L. 113–287, §3, Dec. 19, 2014, 128 Stat. 3096.)
Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
---|---|---|
100101(a) | 16 U.S.C. 1 (last sentence). | Aug. 25, 1916, ch. 408, §1 (last sentence), 39 Stat. 535. |
100101(b)(1) | 16 U.S.C. 1a–1 (1st sentence). | 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. |
100101(b)(2) | 16 U.S.C. 1a–1 (2d, last sentences). |
In subsection (a), the words "Secretary, acting through the Director of the National Park Service" are substituted for "service thus established" to reflect the transfer of functions of other officers, employees, and agencies of the Department of the Interior to the Secretary by sections 1 and 2 of Reorganization Plan No. 3 of 1950 (5 U.S.C. App.) while keeping the responsibility for promoting and regulating the use of the National Park System with the Director of the National Park Service.
In subsection (b)(1)(D), the words "this division" are substituted for "this Act" for clarity. The purpose of the Act of August 18, 1970 (known as the National Park System General Authorities Act) (Public Law 91–383, 84 Stat. 825), was to update and clarify the law with respect to the various units of the National Park System by enlarging the application of existing general statutes so that they apply uniformly to the administration of the various types of parklands within the national park system. See H. Rept. 91–1265 (91st Cong., 2d Sess.). However, section 2(b) of that Act, rather than being enacted as a new provision of law, amended section 2 of the Act of August 8, 1953 (ch. 384, 67 Stat. 496), and would not be included in the reference to "this Act" in section 1 of the Act of August 18, 1970. The revised subsection translates the reference to "this Act" to carry out the intent of the Act of August 18, 1970.
Statutory Notes and Related Subsidiaries
Short Title of 2023 Amendment
Pub. L. 117–339, §1, Jan. 5, 2023, 136 Stat. 6158, provided that: "This Act [enacting chapter 1201 of this title and provisions set out as notes under sections 120101 and 120102 of this title, amending provisions listed in tables and set out as a note under section 120102 of this title, and repealing provisions set out as a note under section 120102 of this title] may be cited as the 'National Heritage Area Act'."
Short Title of 2020 Amendment
Pub. L. 116–152, §1, Aug. 4, 2020, 134 Stat. 682, provided that: "This Act [enacting chapter 2004 of this title and amending sections 200302, 200303, and 200306 of this title] may be cited as the 'Great American Outdoors Act'."
Short Title of 2019 Amendment
Pub. L. 116–94, div. P, title VII, §701, Dec. 20, 2019, 133 Stat. 3195, provided that: "This title [enacting sections 308104 and 308105 of this title and amending section 308103 of this title] may be cited as the 'Preserving America's Battlefields Act'."
Short Title of 2018 Amendment
Pub. L. 115–104, §1, Jan. 8, 2018, 131 Stat. 2260, provided that: "This Act [enacting chapter 3084 of this title and provisions set out as a note under section 308401 of this title] may be cited as the 'African American Civil Rights Network Act of 2017'."
Short Title of 2016 Amendment
Pub. L. 114–289, §1(a), Dec. 16, 2016, 130 Stat. 1482, provided that: "This Act [see Tables for classification] may be cited as the 'National Park Service Centennial Act'."
Pub. L. 114–289, title II, §201, Dec. 16, 2016, 130 Stat. 1485, provided that: "This title [enacting section 101121 of this title] may be cited as the 'National Park Foundation Endowment Act'."
Pub. L. 114–289, title VIII, §801, Dec. 16, 2016, 130 Stat. 1494, provided that: "This title [amending sections 302104 and 303102 of this title] may be cited as the 'National Historic Preservation Amendments Act'."
Short Title of 2009 Act
Pub. L. 111–11, §1(a), Mar. 30, 2009, 123 Stat. 991, provided that: "This Act [see Tables for classification] may be cited as the 'Omnibus Public Land Management Act of 2009'."
Short Title of 2006 Act
Pub. L. 109–453, §1(a), Dec. 22, 2006, 120 Stat. 3367, provided that: "This Act [see Tables for classification] may be cited as the 'National Historic Preservation Act Amendments Act of 2006'."
Pub. L. 109–338, §1(a), Oct. 12, 2006, 120 Stat. 1783, provided that: "This Act [see Tables for classification] may be cited as the 'National Heritage Areas Act of 2006'."
Short Title of 2005 Act
Pub. L. 109–156, §1, Dec. 30, 2005, 119 Stat. 2946, provided that: "This Act [see Tables for classification] may be cited as the 'Delaware Water Gap National Recreation Area Improvement Act'."
Short Title of 2000 Act
Pub. L. 106–355, §1, Oct. 24, 2000, 114 Stat. 1385, provided that: "This Act [see Tables for classification] may be cited as the 'National Historic Lighthouse Preservation Act of 2000'."
Pub. L. 106–291, title I, §150(a), Oct. 11, 2000, 114 Stat. 956, provided that: "This section [see Tables for classification] may be cited as the 'National Underground Railroad Freedom Center Act'."
Pub. L. 106–208, §1, May 26, 2000, 114 Stat. 318, provided that: "This Act [see Tables for classification] may be cited as the 'National Historic Preservation Act Amendments 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 Act
Pub. L. 105–391, §1(a), Nov. 13, 1998, 112 Stat. 3497, provided that: "This Act [see Tables for classification] may be cited as the 'National Parks Omnibus Management Act of 1998'."
Pub. L. 105–391, title III, §301, Nov. 13, 1998, 112 Stat. 3501, provided that: "This title [see Tables for classification] may be cited as the 'National Park System New Areas Studies Act'."
Pub. L. 105–391, title IV, §401, Nov. 13, 1998, 112 Stat. 3503, provided that: "This title [see Tables for classification] may be cited as the 'National Park Service Concessions Management Improvement Act of 1998'."
Pub. L. 105–203, §1, July 21, 1998, 112 Stat. 678, provided that: "This Act [see Tables for classification] may be cited as the 'National Underground Railroad Network to Freedom Act of 1998'."
Short Title of 1996 Act
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 1994 Act
Pub. L. 103–451, §1, Nov. 2, 1994, 108 Stat. 4769, provided that: "This Act [see Tables for classification] may be cited as the 'National Maritime Heritage Act of 1994'."
Short Title of 1992 Act
Pub. L. 102–575, title XL, §4001, Oct. 30, 1992, 106 Stat. 4753, provided that: "This title [see Tables for classification] may be cited as the 'National Historic Preservation Act Amendments of 1992'."
Short Title of 1980 Act
Pub. L. 96–515, §1, Dec. 12, 1980, 94 Stat. 2987, provided: "That this Act [see Tables for classification] may be cited as the 'National Historic Preservation Act Amendments of 1980'."
Short Title of 1978 Act
Pub. L. 95–625, §1, Nov. 10, 1978, 92 Stat. 3467, provided that: "This Act [see Tables for classification] may be cited as the 'National Parks and Recreation Act of 1978'."
Pub. L. 95–625, title X, §1001, Nov. 10, 1978, 92 Stat. 3538, provided that: "This title [see Tables for classification] may be cited as the 'Urban Park and Recreation Recovery Act of 1978'."
Short Title of 1970 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 [see Tables for classification] may be cited as the 'National Park System General Authorities Act'."
Pub. L. 91–357, §5, July 29, 1970, 84 Stat. 472, provided that: "This Act [see Tables for classification] may be cited as the 'Volunteers in the Parks Act of 1969'."
Short Title of 1966 Act
Pub. L. 89–665, §1(a), Oct. 15, 1966, 80 Stat. 915; Pub. L. 96–515, title I, §101(a), Dec. 12, 1980, 94 Stat. 2987, provided that: "This Act [see Tables for classification] may be cited as the 'National Historic Preservation Act'."
Short Title of 1964 Act
Pub. L. 88–578, title I, §1(a), Sept. 3, 1964, 78 Stat. 897, provided in part that: "This Act [see Tables for classification] may be cited as the 'Land and Water Conservation Fund Act of 1965'."
Short Title of 1916 Act
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 [see Tables for classification] may be cited as the 'National Park Service Organic Act'."
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 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 one-third 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."
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. 5051. SHORT TITLE.
"This subtitle may be cited as the 'National Park Police Drug Enforcement Supplemental Authority Act'.
"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 ([former] 16 U.S.C. 1a–6 [see 54 U.S.C. 102701]), for equipment and facilities to be used by such personnel, and for expenses related to such employment, training, equipment, and facilities."
Purposes of Pub. L. 88–578
Pub. L. 88–578, title I, §1(b), Sept. 3, 1964, 78 Stat. 897, provided that: "The purposes of this Act [see Tables for classification] are to assist in preserving, developing, and assuring accessibility to all citizens of the United States of America of present and future generations and visitors who are lawfully present within the boundaries of the United States of America such quality and quantity of outdoor recreation resources as may be available and are necessary and desirable for individual active participation in such recreation and to strengthen the health and vitality of the citizens of the United States by (1) providing funds for and authorizing Federal assistance to the States in planning, acquisition, and development of needed land and water areas and facilities and (2) providing funds for the Federal acquisition and development of certain lands and other areas."
§100102. Definitions
In this title:
(1)
(2)
(3)
(4)
(5)
(6)
(Pub. L. 113–287, §3, Dec. 19, 2014, 128 Stat. 3096.)
Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
---|---|---|
100102 | no source. |
The term "System unit" is added because various laws relating to the National Park Service apply to any area of land or water administered by the Secretary through the Service regardless of the terms used in those laws. See section 100501 of the revised title.
Statutory Notes and Related Subsidiaries
Definitions
Pub. L. 114–289, §2, Dec. 16, 2016, 130 Stat. 1482, provided that: "In this Act [see Short Title of 2016 Amendment note set out under section 100101 of this title]:
"(1)
"(2)
"(3)
"(4)
"(5)
CHAPTER 1003—ESTABLISHMENT, DIRECTORS, AND OTHER EMPLOYEES
§100301. Establishment
There is in the Department of the Interior a service called the National Park Service.
(Pub. L. 113–287, §3, Dec. 19, 2014, 128 Stat. 3097.)
Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
---|---|---|
100301 | 16 U.S.C. 1 (1st sentence words before 1st comma). | Aug. 25, 1916, ch. 408, §1 (1st sentence words before 1st comma), 39 Stat. 535. |
§100302. Directors and other employees
(a)
(1)
(2)
(3)
(b)
(c)
(Pub. L. 113–287, §3, Dec. 19, 2014, 128 Stat. 3097.)
Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
---|---|---|
100302(a)(1) | 16 U.S.C. 1 (1st sentence words after 1st comma). | Aug. 25, 1916, ch. 408, §1 (1st sentence words after 1st comma, 2d to 4th sentences), 39 Stat. 535; Pub. L. 104–333, div. I, title VIII, §814(e)(1), Nov. 12, 1996, 110 Stat. 4196. |
100302(a)(2) | 16 U.S.C. 1 (2d sentence). | |
100302(a)(3) | 16 U.S.C. 2. | Aug. 25, 1916, ch. 408, §2, 39 Stat. 535. |
100302(b) | 16 U.S.C. 1 (3d, 4th sentences). | |
100302(c) | 16 U.S.C. 1 (5th sentence). | Aug. 25, 1916, ch. 408, §1 (5th sentence), 39 Stat. 535. |
In subsection (a)(3), the words "of the Hot Springs Reservation in the State of Arkansas" [changed to "Hot Springs National Park" because of section 1 of the Act of March 4, 1921 (ch. 161, 41 Stat. 1407)] in section 2 of the Act of August 25, 1916 (known as the National Park Service Organic Act) (ch. 408, 39 Stat. 535) are omitted as unnecessary.
Subsection (c) is substituted for the 5th sentence of section 1 of the Act of August 25, 1916 (known as the National Park Service Organic Act) (ch. 408, 39 Stat. 535), to eliminate unnecessary words and because the pay of employees is fixed pursuant to chapter 51 and subchapter III of chapter 53 of title 5.
§100303. Effect on other laws
This chapter and sections 100101(a), 100751(a), 100752, 100753, and 102101 of this title do not affect or modify section 100902(a) of this title.
(Pub. L. 113–287, §3, Dec. 19, 2014, 128 Stat. 3097.)
Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
---|---|---|
100303 | 16 U.S.C. 4. | Aug. 25, 1916, ch. 408, §4, 39 Stat. 536. |
CHAPTER 1005—AREAS OF NATIONAL PARK SYSTEM
§100501. Areas included in System
The System shall include any area of land and water administered by the Secretary, acting through the Director, for park, monument, historic, parkway, recreational, or other purposes.
(Pub. L. 113–287, §3, Dec. 19, 2014, 128 Stat. 3098.)
Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
---|---|---|
100501 | 16 U.S.C. 1c(a). | Aug. 8, 1953, ch. 384, §2(a), 67 Stat. 496; Pub. L. 91–383, §2(b), Aug. 18, 1970, 84 Stat. 826. |
The words "now or hereafter" are omitted as obsolete.
§100502. General management plans
General management plans for the preservation and use of each System unit, including areas within the national capital area, shall be prepared and revised in a timely manner by the Director. On January 1 of each year, the Secretary shall submit to Congress a list indicating the current status of completion or revision of general management plans for each System unit. General management plans for each System unit shall include—
(1) measures for the preservation of the area's resources;
(2) indications of types and general intensities of development (including visitor circulation and transportation patterns, systems, and modes) associated with public enjoyment and use of the area, including general locations, timing of implementation, and anticipated costs;
(3) identification of and implementation commitments for visitor carrying capacities for all areas of the System unit; and
(4) indications of potential modifications to the external boundaries of the System unit, and the reasons for the modifications.
(Pub. L. 113–287, §3, Dec. 19, 2014, 128 Stat. 3098.)
Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
---|---|---|
100502 | 16 U.S.C. 1a–7(b). | Pub. L. 91–383, §12, as added Pub. L. 94–458, §2, Oct. 7, 1976, 90 Stat. 1942; 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. |
§100503. Five-year strategic plans
(a)
(b)
(1)
(2)
(A) funding allocations for resource preservation (including resource management), visitor services (including maintenance, interpretation, law enforcement, and search and rescue), and administration; and
(B) allocations into each of the categories in subparagraph (A) of all funds retained from fees collected for that year, including special use permits, concession franchise fees, and recreation use and entrance fees.
(Pub. L. 113–287, §3, Dec. 19, 2014, 128 Stat. 3098.)
Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
---|---|---|
100503 | 16 U.S.C. 5914. | Pub. L. 105–391, title I, §104, Nov. 13, 1998, 112 Stat. 3499. |
§100504. Study and planning of park, parkway, and recreational-area facilities
(a)
(1)
(2)
(3)
(A) shall seek and accept the cooperation and assistance of Federal departments or agencies having jurisdiction of land belonging to the United States; and
(B) may cooperate and make agreements with and seek and accept the assistance of—
(i) other Federal agencies and instrumentalities; and
(ii) States, political subdivisions of States, and agencies and instrumentalities of either of them.
(4)
(b)
(Pub. L. 113–287, §3, Dec. 19, 2014, 128 Stat. 3099.)
Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
---|---|---|
100504(a)(1) | 16 U.S.C. 17n. | June 23, 1936, ch. 735, 49 Stat. 1894; Aug. 1, 1956, ch. 852, §6, 70 Stat. 908. |
100504(a)(2), (3) | 16 U.S.C. 17k. | |
100504(a)(4) | 16 U.S.C. 17l. | |
100504(b) | 16 U.S.C. 17m. |
§100505. Periodic review of System
(a)
(b)
(c)
(1) A comprehensive listing of all authorized but unacquired parcels of land within the exterior boundaries of each System unit as of November 28, 1990.
(2) A priority listing of all those unacquired parcels by System unit and for the System as a whole. The list shall describe the acreage and ownership of each parcel, the estimated cost of acquisition for each parcel (subject to any statutory acquisition limitations for the land), and the basis for the estimate.
(3) An analysis and evaluation of the current and future needs of each System unit for resource management, interpretation, construction, operation and maintenance, personnel, and housing, together with an estimate of the costs.
(Pub. L. 113–287, §3, Dec. 19, 2014, 128 Stat. 3099.)
Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
---|---|---|
100505(a) | 16 U.S.C. 1a–9. | Pub. L. 101–628, title XII, §§1213–1215, Nov. 28, 1990, 104 Stat. 4507; Pub. L. 103–437, §6(d)(2), Nov. 2, 1994, 108 Stat. 4583. |
100505(b) | 16 U.S.C. 1a–10. | |
100505(c) | 16 U.S.C. 1a–11. |
In subsection (a), the text of 16 U.S.C. 1a–9 (last sentence) is omitted as obsolete.
§100506. Boundary changes to System units
(a)
(1) analysis of whether or not an existing boundary provides for the adequate protection and preservation of the natural, historic, cultural, scenic and recreational resources integral to the System unit;
(2) an evaluation of each parcel proposed for addition or deletion to a System unit based on the analysis under paragraph (1); and
(3) an assessment of the impact of potential boundary adjustments taking into consideration the factors in section 100505(c)(3) of this title and the effect of the adjustments on the local communities and surrounding area.
(b)
(1) consult with affected agencies of State and local governments, surrounding communities, affected landowners, and private national, regional, and local organizations;
(2) apply the criteria developed pursuant to subsection (a) and accompany the proposal with a statement reflecting the results of the application of the criteria; and
(3) include with the proposal an estimate of the cost for acquiring any parcels proposed for acquisition, the basis for the estimate, and a statement on the relative priority for the acquisition of each parcel within the priorities for acquisition of other parcels for the System unit and for the System.
(c)
(1)
(A) make minor changes to the boundary of the System unit, and amounts appropriated from the Fund shall be available for acquisition of any land, water, and interests in land or water added to the System unit by the boundary change subject to such statutory limitations, if any, on methods of acquisition and appropriations thereof as may be specifically applicable to the System unit; and
(B) acquire by donation, purchase with donated funds, transfer from any other Federal agency, or exchange, land, water, or interests in land or water adjacent to the System unit, except that in exercising the Secretary's authority under this subparagraph the Secretary—
(i) shall not alienate property administered as part of the System to acquire land by exchange;
(ii) shall not acquire property without the consent of the owner; and
(iii) may acquire property owned by a State or political subdivision of a State only by donation.
(2)
(3)
(4)
(5)
(A) The sum of the total acreage of the land, water, and interests in land or water to be added to the System unit and the total acreage of the land, water, and interests in land or water to be deleted from the System unit is not more than 5 percent of the total Federal acreage authorized to be included in the System unit and is less than 200 acres.
(B) The acquisition, if any, is not a major Federal action significantly affecting the quality of the human environment, as determined by the Secretary.
(C) The sum of the total appraised value of the land, water, and interests in land or water to be added to the System unit and the total appraised value of the land, water, and interests in land or water to be deleted from the System unit does not exceed $750,000.
(D) The proposed boundary change is not an element of a more comprehensive boundary change proposal.
(E) The proposed boundary has been subject to a public review and comment period.
(F) The Director obtains written consent for the boundary change from all property owners whose land, water, or interests in land or water, or a portion of whose land, water, or interests in land or water, will be added to or deleted from the System unit by the boundary change.
(G) The land abuts other Federal land administered by the Director.
(6)
(Pub. L. 113–287, §3, Dec. 19, 2014, 128 Stat. 3100.)
Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
---|---|---|
100506(a) | 16 U.S.C. 1a–12. | Pub. L. 101–628, title XII, §§1216, 1217, Nov. 28, 1990, 104 Stat. 4508. |
100506(b) | 16 U.S.C. 1a–13. | |
100506(c) | 16 U.S.C. 460l–9(c). | Pub. L. 88–578, title I, §7(c), formerly §6(c), as added Pub. L. 95–42, §1(5), June 10, 1977, 91 Stat. 211; Pub. L. 96–203, §2(2), Mar. 10, 1980, 94 Stat. 81; Pub. L. 103–437, §6(p)(3), Nov. 2, 1994, 108 Stat. 4586; Pub. L. 104–333, div. I, title VIII, §814(b), Nov. 12, 1996, 110 Stat. 4194; Pub. L. 106–176, title I, §§120(b), 129, Mar. 10, 2000, 114 Stat. 28, 30. |
In subsection (a), before paragraph (1), the word "maintain" is substituted for "Within one year after November 28, 1990 . . . develop" to eliminate obsolete words. In paragraph (3), the reference to paragraph (c) in 16 U.S.C. 1a–12 is treated as a reference to 16 U.S.C. 1a–11(c) for clarity.
In subsection (b), before paragraph (1), the words "after November 28, 1990" are omitted as obsolete.
§100507. Additional areas for System
(a)
(b)
(1)
(2)
(A) the areas that have the greatest potential to meet the established criteria of national significance, suitability, and feasibility;
(B) themes, sites, and resources not already adequately represented in the System; and
(C) public petitions and Congressional resolutions.
(3)
(4)
(5)
(6)
(A) any river segment for potential addition to the national wild and scenic rivers system; or
(B) any trail for potential addition to the national trails system.
(c)
(1)
(2)
(3)
(A) possesses nationally significant natural or cultural resources and represents one of the most important examples of a particular resource type in the country; and
(B) is a suitable and feasible addition to the System.
(4)
(A) with regard to the area being studied, shall consider—
(i) the rarity and integrity of the resources;
(ii) the threats to those resources;
(iii) whether similar resources are already protected in the System or in other public or private ownership;
(iv) the public use potential;
(v) the interpretive and educational potential;
(vi) costs associated with acquisition, development, and operation;
(vii) the socioeconomic impacts of any designation;
(viii) the level of local and general public support; and
(ix) whether the area is of appropriate configuration to ensure long-term resource protection and visitor use;
(B) shall consider whether direct Service management or alternative protection by other public agencies or the private sector is appropriate for the area;
(C) shall identify what alternative or combination of alternatives would in the professional judgment of the Director be most effective and efficient in protecting significant resources and providing for public enjoyment; and
(D) may include any other information that the Secretary considers to be relevant.
(5)
(6)
(d)
(1)
(A) a list of areas that have been previously studied that contain primarily historical resources; and
(B) a list of areas that have been previously studied that contain primarily natural resources.
(2)
(3)
(e)
(f)
(g)
(h)
(1)
(2)
(3)
(Pub. L. 113–287, §3, Dec. 19, 2014, 128 Stat. 3102.)
Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
---|---|---|
100507(a) | 16 U.S.C. 1a–5(a) (1st sentence). | Pub. L. 91–383, §8, as added Pub. L. 94–458, §2, Oct. 7, 1976, 90 Stat. 1940; 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; 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. |
100507(b)(1), (2) | 16 U.S.C. 1a–5(b)(1), (2). | |
100507(b)(3) | 16 U.S.C. 1a–5(a) (2d sentence). | |
100507(b)(4) through (6) | 16 U.S.C. 1a–5(b)(3) through (5). | |
100507(c) | 16 U.S.C. 1a–5(c). | |
100507(d) | 16 U.S.C. 1a–5(e). | |
100507(e), (f) | 16 U.S.C. 1a–5(a) (3d, last sentences). | |
100507(g) | 16 U.S.C. 1a–5(d). | |
100507(h) | 16 U.S.C. 1a–5(f). |
In subsection (b)(3), the words "after November 13, 1998" are omitted as obsolete.
In subsection (b)(5), the cross-reference is limited to the applicable provisions of Public Law 91–383 as restated in the revised title.
Editorial Notes
References in Text
The National Environmental Policy Act of 1969, referred to in subsec. (c)(5), is Pub. L. 91–190, Jan. 1, 1970, 83 Stat. 852, 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.
1 So in original. Probably should be "
CHAPTER 1007—RESOURCE MANAGEMENT
SUBCHAPTER I—SYSTEM RESOURCE INVENTORY AND MANAGEMENT
SUBCHAPTER II—SYSTEM UNIT RESOURCE PROTECTION
SUBCHAPTER III—MINING ACTIVITY WITHIN SYSTEM UNITS
SUBCHAPTER IV—ADMINISTRATION
SUBCHAPTER I—SYSTEM RESOURCE INVENTORY AND MANAGEMENT
§100701. Protection, interpretation, and research in System
Recognizing the ever increasing societal pressures being placed upon America's unique natural and cultural resources contained in the System, the Secretary shall continually improve the ability of the Service to provide state-of-the-art management, protection, and interpretation of, and research on, the resources of the System.
(Pub. L. 113–287, §3, Dec. 19, 2014, 128 Stat. 3105.)
Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
---|---|---|
100701 | 16 U.S.C. 5911. | Pub. L. 105–391, title I, §101, Nov. 13, 1998, 112 Stat. 3498. |
§100702. Research mandate
The Secretary shall ensure that management of System units is enhanced by the availability and utilization of a broad program of the highest quality science and information.
(Pub. L. 113–287, §3, Dec. 19, 2014, 128 Stat. 3105.)
Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
---|---|---|
100702 | 16 U.S.C. 5932. | Pub. L. 105–391, title II, §202, Nov. 13, 1998, 112 Stat. 3499. |
§100703. Cooperative study units
The Secretary shall enter into cooperative agreements with colleges and universities, including land grant schools, in partnership with other Federal and State agencies, to establish cooperative study units to conduct multi-disciplinary research and develop integrated information products on the resources of the System, or the larger region of which System units are a part.
(Pub. L. 113–287, §3, Dec. 19, 2014, 128 Stat. 3105.)
Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
---|---|---|
100703 | 16 U.S.C. 5933(a). | Pub. L. 105–391, title II, §203(a), Nov. 13, 1998, 112 Stat. 3500. |
§100704. Inventory and monitoring program
The Secretary shall undertake a program of inventory and monitoring of System resources to establish baseline information and to provide information on the long-term trends in the condition of System resources. The monitoring program shall be developed in cooperation with other Federal monitoring and information collection efforts to ensure a cost-effective approach.
(Pub. L. 113–287, §3, Dec. 19, 2014, 128 Stat. 3105.)
Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
---|---|---|
100704 | 16 U.S.C. 5934. | Pub. L. 105–391, title II, §204, Nov. 13, 1998, 112 Stat. 3500. |
§100705. Availability of System units for scientific study
(a)
(b)
(1) is consistent with applicable laws and Service management policies; and
(2) will be conducted in a manner that poses no threat to the System unit resources or public enjoyment derived from System unit resources.
(c)
(d)
(Pub. L. 113–287, §3, Dec. 19, 2014, 128 Stat. 3106.)
Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
---|---|---|
100705 | 16 U.S.C. 5935. | Pub. L. 105–391, title II, §205, Nov. 13, 1998, 112 Stat. 3500. |
§100706. Integration of study results into management decisions
The Secretary shall take such measures as are necessary to ensure the full and proper utilization of the results of scientific study for System unit management decisions. In each case in which an action undertaken by the Service may cause a significant adverse effect on a System unit resource, the administrative record shall reflect the manner in which System unit resource studies have been considered. The trend in the condition of resources of the System shall be a significant factor in the annual performance evaluation of each superintendent of a System unit.
(Pub. L. 113–287, §3, Dec. 19, 2014, 128 Stat. 3106.)
Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
---|---|---|
100706 | 16 U.S.C. 5936. | Pub. L. 105–391, title II, §206, Nov. 13, 1998, 112 Stat. 3500. |
§100707. Confidentiality of information
Information concerning the nature and specific location of a System resource that is endangered, threatened, rare, or commercially valuable, of mineral or paleontological objects within System units, or of objects of cultural patrimony within System units, may be withheld from the public in response to a request under section 552 of title 5 unless the Secretary determines that—
(1) disclosure of the information would further the purposes of the System unit in which the resource or object is located and would not create an unreasonable risk of harm, theft, or destruction of the resource or object, including individual organic or inorganic specimens; and
(2) disclosure is consistent with other laws protecting the resource or object.
(Pub. L. 113–287, §3, Dec. 19, 2014, 128 Stat. 3106.)
Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
---|---|---|
100707 | 16 U.S.C. 5937. | Pub. L. 105–391, title II, §207, Nov. 13, 1998, 112 Stat. 3501. |
SUBCHAPTER II—SYSTEM UNIT RESOURCE PROTECTION
§100721. Definitions
In this subchapter:
(1)
(A) compensation for—
(i)(I) the cost of replacing, restoring, or acquiring the equivalent of a System unit resource; and
(II) the value of any significant loss of use of a System unit resource pending its restoration or replacement or the acquisition of an equivalent resource; or
(ii) the value of the System unit resource if the System unit resource cannot be replaced or restored; and
(B) the cost of a damage assessment under section 100723(b) of this title.
(2)
(A) prevent or minimize destruction or loss of or injury to a System unit resource;
(B) abate or minimize the imminent risk of the destruction, loss, or injury; or
(C) monitor ongoing effects of incidents causing the destruction, loss, or injury.
(3)
(A)
(B)
(Pub. L. 113–287, §3, Dec. 19, 2014, 128 Stat. 3106.)
Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
---|---|---|
100721 | 16 U.S.C. 19jj. | Pub. L. 101–337, §1, July 27, 1990, 104 Stat. 379; Pub. L. 104–333, div. I, title VIII, §814(h)(1), (2), Nov. 12, 1996, 110 Stat. 4199. |
In this section, the text of 16 U.S.C. 19jj(a) is omitted as unnecessary. The text of 16 U.S.C. 19jj(e) is omitted because the term "regimen" is not used in the revised title. The text of 16 U.S.C. 19jj(g) is omitted because a marine or aquatic park system resource is a kind of park system resource.
§100722. Liability
(a)
(b)
(c)
(1) the destruction, loss of, or injury to the System unit resource was caused solely by an act of God or an act of war;
(2) the person acted with due care, and the destruction, loss of, or injury to the System unit resource was caused solely by an act or omission of a 3d party, other than an employee or agent of the person; or
(3) the destruction, loss, or injury to the System unit resource was caused by an activity authorized by Federal or State law.
(d)
(Pub. L. 113–287, §3, Dec. 19, 2014, 128 Stat. 3107.)
Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
---|---|---|
100722 | 16 U.S.C. 19jj–1. | Pub. L. 101–337, §2, July 27, 1990, 104 Stat. 379; Pub. L. 104–333, div. I, title VIII, §814(h)(3), Nov. 12, 1996, 110 Stat. 4199; Pub. L. 106–176, title I, §120(c), Mar. 10, 2000, 114 Stat. 29. |
§100723. Actions
(a)
(b)
(1)
(A) prevent or minimize the destruction, loss of, or injury to System unit resources; or
(B) minimize the imminent risk of destruction, loss, or injury to System unit resources.
(2)
(Pub. L. 113–287, §3, Dec. 19, 2014, 128 Stat. 3107.)
Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
---|---|---|
100723 | 16 U.S.C. 19jj–2. | Pub. L. 101–337, §3, July 27, 1990, 104 Stat. 380. |
In this section, the words "destruction, loss, or injury" are substituted for "damage" in subsection (a) and for "damages" in subsection (b) for consistency in the new chapter and to distinguish destruction, loss, or injury from damages recovered in a civil action.
In subsection (a), the words "response action" are substituted for "response costs" the 1st time the words appear for clarity and consistency in the new chapter.
§100724. Use of recovered amounts
(a)
(1)
(2)
(b)
(Pub. L. 113–287, §3, Dec. 19, 2014, 128 Stat. 3108.)
Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
---|---|---|
100724 | 16 U.S.C. 19jj–3. | Pub. L. 101–337, §4, July 27, 1990, 104 Stat. 380; Pub. L. 103–437, §6(d)(3), Nov. 12, 1994, 108 Stat. 4583. |
Section 4(d) of the Act of July 27, 1990 (Public Law 101–337, 104 Stat. 380), is omitted as obsolete. See section 3003 of the Federal Reports Elimination and Sunset Act of 1995 (Public Land 104–66, 31 U.S.C. 1113 note) and page 111 of House Document No. 103–7.
In subsection (a), before paragraph (1), the words "destruction, loss, or injury to" are substituted for "damage to" for consistency in the new chapter and to distinguish destruction, loss, or injury from damages recovered in a civil action.
In subsection (b), the words "the General Fund of the United States" are omitted as unnecessary.
§100725. Donations
The Secretary may accept donations of money or services for expenditure or employment to meet expected, immediate, or ongoing response costs. The donations may be expended or employed at any time after their acceptance, without further Congressional action.
(Pub. L. 113–287, §3, Dec. 19, 2014, 128 Stat. 3108.)
Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
---|---|---|
100725 | 16 U.S.C. 19jj–4. | Pub. L. 101–337, §5, July 27, 1990, 104 Stat. 381. |
SUBCHAPTER III—MINING ACTIVITY WITHIN SYSTEM UNITS
§100731. Findings and declaration
Congress finds and declares that—
(1) the level of technology of mineral exploration and development has changed radically, and continued application of the mining laws of the United States to System units to which the mining laws apply conflicts with the purposes for which the System units were established; and
(2) all mining operations in System units should be conducted so as to prevent or minimize damage to the environment and other resource values.
(Pub. L. 113–287, §3, Dec. 19, 2014, 128 Stat. 3109.)
Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
---|---|---|
100731 | 16 U.S.C. 1901. | Pub. L. 94–429, §1, Sept. 28, 1976, 90 Stat. 1342. |
In paragraph (1), the words "in recent years" are omitted as obsolete.
In paragraph (2), the words "in certain areas of the National Park System, surface disturbances from mineral development should be temporarily halted while Congress determines whether or not to acquire any valid mineral rights which may exist in such areas" are omitted as obsolete.
§100732. Preservation and management of System units by Secretary; promulgation of regulations
To preserve for the benefit of present and future generations the pristine beauty of System units, and to further the purposes of section 100101(a), chapter 1003, and sections 100751(a), 100752, 100753, and 102101 of this title and the individual organic Acts for the System units, all activities resulting from the exercise of mineral rights on patented or unpatented mining claims within any System unit shall be subject to such regulations prescribed by the Secretary as the Secretary considers necessary or desirable for the preservation and management of the System units.
(Pub. L. 113–287, §3, Dec. 19, 2014, 128 Stat. 3109.)
Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
---|---|---|
100732 | 16 U.S.C. 1902. | Pub. L. 94–429, §2, Sept. 28, 1976, 90 Stat. 1342. |
The word "valid" is omitted for clarity because regulations apply to the exercise of mining claim rights before they are determined to be valid. The word "existing" is omitted as obsolete.
§100733. Recordation of mining claims; publication of notice
All mining claims under the Mining Law of 1872 (30 U.S.C. chapter 2, sections 161 and 162, and chapters 12A and 16) that lie within the boundaries of System units in existence on September 28, 1976, that were not recorded with the Secretary within one year after September 28, 1976, shall be conclusively presumed to be abandoned and shall be void. The recordation does not render valid any claim that was not valid on September 28, 1976, or that becomes invalid after that date.
(Pub. L. 113–287, §3, Dec. 19, 2014, 128 Stat. 3109.)
Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
---|---|---|
100733 | 16 U.S.C. 1907. | Pub. L. 94–429, §8, Sept. 28, 1976, 90 Stat. 1343. |
The section is substituted for the source provision to eliminate obsolete words. The words "in existence on September 28, 1976" are added for clarity to show that the provision applies only to System units that were part of the System on that date.
Editorial Notes
References in Text
The Mining Law of 1872, referred to in text, is act May 10, 1872, ch. 152, 17 Stat. 91, which was incorporated into the Revised Statutes of 1878 as R.S. §§2319 to 2328, 2331, 2333 to 2337, and 2344, which are classified to sections 22 to 24, 26 to 28, 29, 30, 33 to 35, 37, 39 to 42, and 47 of Title 30, Mineral Lands and Mining. For complete classification of such Revised Statutes sections to the Code, see Tables.
§100734. Report on finding or notification of potential damage to natural and historical landmarks
When the Secretary finds on the Secretary's own motion or on being notified in writing by an appropriate scientific, historical, or archeological authority that a district, site, building, structure, or object that has been found to be nationally significant in illustrating natural history or the history of the United States and that has been designated as a natural or historic landmark may be irreparably lost or destroyed in whole or in part by any surface mining activity, including exploration for or removal or production of minerals or materials, the Secretary shall notify the person conducting the activity and submit a report on the findings or notification, including the basis for the Secretary's finding that the activity may cause irreparable loss or destruction of a national landmark, to the Advisory Council on Historic Preservation, with a request for advice of the Council as to alternative measures that may be taken by the United States to mitigate or abate the activity.
(Pub. L. 113–287, §3, Dec. 19, 2014, 128 Stat. 3109.)
Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
---|---|---|
100734 | 16 U.S.C. 1908(a). | Pub. L. 94–429, §9(a), Sept. 28, 1976, 90 Stat. 1343. |
§100735. Civil actions for just compensation by mining claim holders
The holder of any patented or unpatented mining claim subject to this subchapter that believes the holder has suffered a loss by operation of this subchapter, or by orders or regulations issued pursuant to this subchapter, may bring a civil action in United States district court to recover just compensation, which shall be awarded if the court finds that the loss constitutes a taking of property compensable under the Constitution.
(Pub. L. 113–287, §3, Dec. 19, 2014, 128 Stat. 3110.)
Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
---|---|---|
100735 | 16 U.S.C. 1910. | Pub. L. 94–429, §11, Sept. 28, 1976, 90 Stat. 1344; Pub. L. 98–620, title IV, §402(21), 98 Stat. 3358. |
§100736. Acquisition of land by Secretary
Nothing in this subchapter shall be construed to limit the authority of the Secretary to acquire land and interests in land within the boundary of any System unit. The Secretary shall give prompt and careful consideration to any offer made by the owner of any valid right or other property in Glacier Bay National Monument, Death Valley National Monument, Organ Pipe Cactus National Monument, or Mount McKinley National Park to sell the right or other property if the owner notifies the Secretary that the continued ownership of the right or property is causing, or would result in, undue hardship.
(Pub. L. 113–287, §3, Dec. 19, 2014, 128 Stat. 3110.)
Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
---|---|---|
100736 | 16 U.S.C. 1911. | Pub. L. 94–429, §12, Sept. 28, 1976, 90 Stat. 1344. |
§100737. Financial disclosure by officer or employee of Secretary
(a)
(1) performs any function or duty under this subchapter, or any Act amended by the Mining in the Parks Act (Public Law 94–429, 90 Stat. 1342) concerning the regulation of mining in the System; and
(2) has any known financial interest—
(A) in any person subject to this subchapter or any Act amended by the Mining in the Parks Act (Public Law 94–429, 90 Stat. 1342); or
(B) in any person who holds a mining claim within the boundary of any System unit;
shall annually file with the Secretary a written statement concerning all such interests held by the officer or employee during the preceding calendar year. The statement shall be available to the public.
(b)
(1) define the term "known financial interest" for purposes of subsection (a);
(2) establish the methods by which the requirement to file written statements specified in subsection (a) will be monitored and enforced, including appropriate provisions for the filing by the officers and employees of the statements and the review by the Secretary of the statements; and
(3) submit to Congress on June 1 of each year a report with respect to the disclosures and the actions taken in regard to the disclosures during the preceding calendar year.
(c)
(d)
(Pub. L. 113–287, §3, Dec. 19, 2014, 128 Stat. 3110.)
Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
---|---|---|
100737(a) through (c) | 16 U.S.C. 1912(a) through (c). | Pub. L. 94–429, §13(a) through (c), Sept. 28, 1976, 90 Stat. 1344. |
100737(d) | no source. |
In subsection (a), the words "beginning on February 1, 1977" are omitted as obsolete.
In subsection (b), the words "act within ninety days after September 28, 1976" are omitted as obsolete.
In subsection (c), the words "the Department of the Interior" are substituted for "such agency" for clarity.
Subsection (d) is added for informational purposes.
Editorial Notes
References in Text
The Mining in the Parks Act, referred to in subsec. (a)(1), (2)(A), is Pub. L. 94–429, Sept. 28, 1976, 90 Stat. 1342. For complete classification of this Act to the Code, see Tables.
SUBCHAPTER IV—ADMINISTRATION
§100751. Regulations
(a)
(b)
(c)
(Pub. L. 113–287, §3, Dec. 19, 2014, 128 Stat. 3111.)
Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
---|---|---|
100751(a) | 16 U.S.C. 3 (1st sentence words before "and any violation"). | Aug. 25, 1916, ch. 408, §3 (1st sentence words before "and any violation"), 39 Stat. 535. |
100751(b) | 16 U.S.C. 1a–2(a) (matter before (a)). | Pub. L. 91–383, §3 (matter before (a)), Aug. 18, 1970, 84 Stat. 826. |
16 U.S.C. 1a–2(h). | Pub. L. 91–383, §3(h), as added Pub. L. 94–458, §1(2), Oct. 7, 1976, 90 Stat. 1939; Pub. L. 106–176, title I, §118(2), (3), Mar. 10, 2000, 114 Stat. 28. | |
100751(c) | no source. |
In subsection (b), the words "In order to facilitate the administration of the national park system" and "and enforce" are omitted as unnecessary. The words "under subsection (a)" are added for clarity to show that a regulation under subsection (b) is a special type of regulation under subsection (a) so that a violation of a regulation under subsection (b) is subject to a criminal penalty under 18 U.S.C. 1865.
Subsection (c) is added for informational purposes.
§100752. Destruction of animals and plant life
The Secretary may provide for the destruction of such animals and plant life as may be detrimental to the use of any System unit.
(Pub. L. 113–287, §3, Dec. 19, 2014, 128 Stat. 3111.)
Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
---|---|---|
100752 | 16 U.S.C. 3 (3d sentence). | Aug. 25, 1916, ch. 408, §3 (3d sentence), 39 Stat. 535. |
§100753. Disposal of timber
The Secretary, on terms and conditions to be fixed by the Secretary, may sell or dispose of timber in cases where, in the judgment of the Secretary, the cutting of timber is required to control attacks of insects or diseases or otherwise conserve the scenery or the natural or historic objects in any System unit.
(Pub. L. 113–287, §3, Dec. 19, 2014, 128 Stat. 3111.)
Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
---|---|---|
100753 | 16 U.S.C. 3 (2d sentence). | Aug. 25, 1916, ch. 408, §3 (2d sentence), 39 Stat. 535. |
§100754. Relinquishment of legislative jurisdiction
(a)
(1) by filing with the chief executive official of the State or territory a notice of relinquishment to take effect on acceptance; or
(2) as the laws of the State or territory may otherwise provide.
(b)
(c)
(Pub. L. 113–287, §3, Dec. 19, 2014, 128 Stat. 3111.)
Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
---|---|---|
100754 | 16 U.S.C. 1a–3. | Pub. L. 91–383, §6, as added Pub. L. 94–458, §2, Oct. 7, 1976, 90 Stat. 1939; Pub. L. 103–437, §6(a)(1), Nov. 2, 1994, 108 Stat. 4583. |
In this section, the words "territory (including a possession)" are substituted for "territory, or possession" the 1st time the words appear for clarity, because a possession is a category of territory, that is, one that has very little local autonomy. In subsequent instances, the word "territory" is used in an equivalent sense. The word "Commonwealth" is omitted as being included in "territory (including a possession)".
§100755. Applicability of other laws
(a)
(b)
(1) section 100101(a), chapter 1003, sections 100751(a), 100752, 100753, 101101, 101102, 101511, 102101, 102712, 102901, 104905, and 104906, and chapter 2003 of this title;
(2) the Act of March 4, 1911 (43 U.S.C. 961); and
(3) chapter 3201 of this title.
(Pub. L. 113–287, §3, Dec. 19, 2014, 128 Stat. 3112.)
Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
---|---|---|
100755 | 16 U.S.C. 1c(b). | Aug. 8, 1953, ch. 384, §2(b), 67 Stat. 496; Pub. L. 91–383, §2(b), Aug. 18, 1970, 84 Stat. 826. |
In subsection (a), the words "reference in such Act" are interpreted to mean "reference in such Acts" for clarity.
In subsection (b)(1), the words "relating to donation of land and money", "relating to roads and trails", "relating to approach roads to national monuments", "relating to conveyance of roads to States", "relating to acquisitions of inholdings", and "relating to aid to visitors in emergencies" are omitted as unnecessary. The words "the Act of March 3, 1905 (33 Stat. 873; 16 U.S.C. 10), relating to arrests" are omitted because the Act was repealed by section 10(a)(2) of the Act of August 18, 1970 (known as the National Park System General Authorities Act) (Public Law 91–383), as added by section 2 of the Act of October 7, 1976 (Public Law 94–458, 90 Stat. 1941). The words "relating to services or other accommodations for the public, emergency supplies and services to concessioners, acceptability of travelers checks, care and removal of indigents" are omitted as unnecessary. The words "the Act of October 9, 1965 (79 Stat. 696; 16 U.S.C. 20–20g), relating to concessions" are omitted because the Act was repealed by section 415(a) of the National Parks Omnibus Management Act of 1998 (Public Law 105–391, 112 Stat. 3515).
In subsection (b)(2), the words "relating to rights of way" are omitted as unnecessary.
Subsection (b)(3) is added for clarity because many of the laws that established a System unit provided that the Secretary, in addition to administering the unit in accordance with the Act of August 25, 1916 (16 U.S.C. 1, 3, 3, and 4) and with laws generally applicable to System units, administer the unit in accordance with the Act of August 21, 1935 (16 U.S.C. 461 to 467).
CHAPTER 1008—EDUCATION AND INTERPRETATION
§100801. Definitions
As used in this chapter:
(1)
(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)
(3)
(A) national wild and scenic rivers and national trails;
(B) national heritage areas; and
(C) affiliated areas administered in connection with the System.
(Added Pub. L. 114–289, title III, §301(a), Dec. 16, 2016, 130 Stat. 1486.)
§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.
(Added Pub. L. 114–289, title III, §301(a), Dec. 16, 2016, 130 Stat. 1487.)
§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.
(Added Pub. L. 114–289, title III, §301(a), Dec. 16, 2016, 130 Stat. 1487.)
§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.
(Added Pub. L. 114–289, title III, §301(a), Dec. 16, 2016, 130 Stat. 1487.)
CHAPTER 1009—ADMINISTRATION
§100901. Authority of Secretary to carry out certain activities
(a)
(b)
(1) provides public accommodations or services within the immediate vicinity of the System unit to individuals visiting the System unit; and
(2) demonstrates to the Secretary that there are no reasonable alternatives by which to acquire or perform the necessary services, resources, or water.
(c)
(d)
(e)
(f)
(g)
(1) rights of way necessary to construct, improve, and maintain roads within the authorized boundaries of any System unit; and
(2) land and interests in land adjacent to the rights of way, when—
(A) considered necessary by the Secretary—
(i) to provide adequate protection of natural features; or
(ii) to avoid traffic and other hazards resulting from private road access connections; or
(B) the acquisition of adjacent residual tracts, which otherwise would remain after acquiring the rights of way, would be in the public interest.
(h)
(1)
(2)
(A) made from appropriations applicable to the work on which the equipment is used at rental rates established by the Secretary, based on actual or estimated cost of operation, repair, maintenance, depreciation, and equipment management control; and
(B) credited to appropriations currently available at the time adjustment is effected.
(3)
(Pub. L. 113–287, §3, Dec. 19, 2014, 128 Stat. 3112.)
Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
---|---|---|
100901(a) | 16 U.S.C. 1a–2 (matter before (a)). | Pub. L. 91–383, §3 (matter before (a)), Aug. 18, 1970, 84 Stat. 826. |
16 U.S.C. 1b (matter before (1)). | Aug. 8, 1953, ch. 384, §1 (matter before (1)), (2), (5) through (8), 67 Stat. 495, 496; Pub. L. 91–383, §2(a), Aug. 18, 1970, 84 Stat. 826. | |
100901(b) | 16 U.S.C. 1a–2(e). | Pub. L. 91–383, §3(e), Aug. 18, 1970, 84 Stat. 827; Pub. L. 94–458, §1(1), Oct. 7, 1976, 90 Stat. 1939; Pub. L. 106–176, title I, §118(2), (3), Mar. 10, 2000, 114 Stat. 28. |
100901(c) | 16 U.S.C. 1a–2(f). | Pub. L. 91–383, §3(f), Aug. 18, 1970, 84 Stat. 827; Pub. L. 106–176, title I, §118(2), (3), Mar. 10, 2000, 114 Stat. 28. |
100901(d) | 16 U.S.C. 1b(2). | |
100901(e) through (h) | 16 U.S.C. 1b(5) through (8). |
In subsection (a), the words "and he may use applicable appropriations for the aforesaid system for the following purposes" in 16 U.S.C. 1b (matter before (1)) are omitted as unnecessary.
§100902. Rights of way for public utilities and power and communication facilities
(a)
(1)
(A) electrical plants, poles, and lines for the generation and distribution of electrical power;
(B) telephone and telegraph purposes; and
(C) canals, ditches, pipes and pipe lines, flumes, tunnels, or other water conduits and water plants, dams, and reservoirs used to promote irrigation or mining or quarrying, or the manufacturing or cutting of timber or lumber, or the supplying of water for domestic, public, or any other beneficial uses.
(2)
(A) the ground occupied by the canals, ditches, flumes, tunnels, reservoirs, or other water conduits or water plants, or electrical or other works permitted under paragraph (1); and
(B) not more than 50 feet—
(i) on each side of the marginal limits of the ground; or
(ii) on each side of the center line of the pipes and pipe lines, electrical, telegraph, and telephone lines and poles.
(3)
(4)
(5)
(b)
(1)
(A) electrical poles and lines for the transmission and distribution of electrical power;
(B) poles and lines for communication purposes; and
(C) radio, television, and other forms of communication transmitting, relay, and receiving structures and facilities.
(2)
(A) shall be for not more than 50 years from the date the right of way is granted; and
(B) for—
(i) lines and poles shall be for 200 feet on each side of the center line of the lines and poles; and
(ii) radio, television, and other forms of communication transmitting, relay, and receiving structures and facilities shall be for not more than 400 feet by 400 feet.
(3)
(4)
(A) nonuse for a period of 2 years; or
(B) abandonment.
(Pub. L. 113–287, §3, Dec. 19, 2014, 128 Stat. 3113.)
Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
---|---|---|
100902(a) | 16 U.S.C. 79. | Feb. 15, 1901, ch.372 (relating to System units), 31 Stat. 790. |
100902(b) | 16 U.S.C. 5. | Mar. 4, 1911, ch. 238 (4th and last paragraphs (relating to System units) under heading " |
In subsection (a), the text of 16 U.S.C. 79 (2d proviso) is omitted as obsolete because title 65 of the Revised States of the United States was repealed by section 1 of the Act of July 16, 1947 (ch. 256, 61 Stat. 327).
In subsection (a)(1), the words "and the Yosemite, Sequoia, and General Grant national parks, California" are omitted as unnecessary because "other reservations" encompasses all System units.
The inclusion of paragraphs (4) and (5) of subsection (a) do not have any effect on rights of way under subsection (b).
In subsection (a)(4), the words "or his successor in his discretion" are omitted as unnecessary.
In subsection (b), the text of 16 U.S.C. 5 (last paragraph) is omitted as obsolete. The word "Secretary" is substituted for "the head of the department having jurisdiction over the lands" and "chief officer of the department under whose supervision or control such reservation falls" because the portion of the Act of March 4, 1911 (ch. 238, 36 Stat. 1253) classified to 16 U.S.C. 5 relates only to System units.
§100903. Solid waste disposal operations
(a)
(1) a site that was operating as of September 1, 1984; or
(2) a site used only for disposal of waste generated within that System unit so long as the site will not degrade any of the natural or cultural resources of the System unit.
(b)
(Pub. L. 113–287, §3, Dec. 19, 2014, 128 Stat. 3115.)
Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
---|---|---|
100903 | 16 U.S.C. 460l–22(c). | Pub. L. 90–401, §5(c), as added Pub. L. 98–506, §2, Oct. 19, 1984, 98 Stat. 2338. |
1 So in original. A period probably should appear.
§100904. Admission and special recreation use fees
(a)
(1)
(2)
(b)
(1)
(2)
(A)
(B)
(C)
(3)
(c)
(1)
(A) the sale of permits and the collection of fees;
(B) the purposes and resources of the System units in which they are assigned; and
(C) the provision of assistance and information to visitors to the System unit.
(2)
(d)
(1)
(2)
(e)
(f)
(1)
(2)
(A) Twenty-five dollars per vehicle with a passenger capacity of 25 individuals or less.
(B) Fifty dollars per vehicle with a passenger capacity of more than 25 individuals.
(3)
(4)
(A) Any vehicle transporting organized school groups or outings conducted for educational purposes by schools or other bona fide educational institutions.
(B) Any vehicle entering a System unit pursuant to a contract issued under subchapter II of chapter 1019 of this title.
(5)
(A) Haleakalā Crater, Crater Cabins, the Scientific Research Reserve, Halemauu Trail, Kaupo Gap Trail, or any designated tourist viewpoint in Haleakalā 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.)
Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
---|---|---|
100904(a) | 16 U.S.C. 460l–6a(i)(1)(C). | 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. |
100904(b) through (e) | 16 U.S.C. 460l–6a(j) through (m). | 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. |
100904(f) | 16 U.S.C. 460l–6a(n). | 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 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.
Editorial Notes
References in Text
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.
Statutory Notes and Related Subsidiaries
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)
(1)
(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)
(b)
(c)
(1)
(2)
(d)
(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)
(1)
(2)
(f)
(Pub. L. 113–287, §3, Dec. 19, 2014, 128 Stat. 3117.)
Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
---|---|---|
100905 | 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).
§100906. Advisory committees
(a)
(b)
(c)
(d)
(Pub. L. 113–287, §3, Dec. 19, 2014, 128 Stat. 3118; Pub. L. 117–286, §4(a)(328), Dec. 27, 2022, 136 Stat. 4342.)
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). | 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. |
100906(b), (c) | 16 U.S.C. 1a–14. | 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). |
Editorial Notes
Amendments
2022—Subsec. (b). Pub. L. 117–286 substituted "Section 1013(b) of title 5" for "Section 14(b) of the Federal Advisory Committee Act (5 U.S.C. App.)".
CHAPTER 1011—DONATIONS
SUBCHAPTER I—AUTHORITY OF SECRETARY
SUBCHAPTER II—NATIONAL PARK FOUNDATION
Editorial Notes
Amendments
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.)
Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
---|---|---|
101101 | 16 U.S.C. 6. | June 5, 1920, ch. 235, §1 (2d undesignated par. under heading " |
Statutory Notes and Related Subsidiaries
National Park System Donor Acknowledgment
Pub. L. 113–291, div. B, title XXX, §3054, Dec. 19, 2014, 128 Stat. 3806, provided that:
"(a)
"(1)
"(2)
"(3)
"(b)
"(1)
"(A) the National Park Service; or
"(B) the National Park System.
"(2)
"(A) recognition of the donor or any product or service of the donor as an official sponsor, or any similar form of recognition, of the National Park Service or the National Park System;
"(B) a National Park Service endorsement of the donor or any product or service of the donor; or
"(C) naming rights to any unit of the National Park System or a National Park System facility, including a visitor center.
"(3)
"(A)
"(i) in a manner that is approved by the Secretary; and
"(ii) for a period of time, as determined by the Secretary, that is commensurate with the amount of the contribution and the life of the structure.
"(B)
"(C)
"(i) an advertising slogan; or
"(ii) a statement or credit promoting or opposing a political candidate or issue.
"(4)
"(A)
"(B)
"(C)
"(D)
"(E)
"(i) shall be freestanding; and
"(ii) shall not obstruct a natural or historical site or view.
"(5)
"(c)
"(d)
"(1) requires the Secretary to accept a donation; or
"(2) modifies section 145 of Public Law 108–108 ([former] 16 U.S.C. 1a–1 note [see 54 U.S.C. 100101 note]; 117 Stat. 1280)."
§101102. Authority to accept and use funds to consolidate Federal land ownership
(a)
(1) accept and use funds that may be donated in order to consolidate Federal land ownership within the existing boundaries of any System unit; and
(2) encourage the donation of funds for that purpose, subject to the condition that donated funds are to be expended for purposes of this section only if Federal funds in an amount equal to the amount of the donated funds are appropriated for the purposes of this section.
(b)
(Pub. L. 113–287, §3, Dec. 19, 2014, 128 Stat. 3119.)
Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
---|---|---|
101102 | 16 U.S.C. 452a. | Aug. 31, 1954, ch. 1163, 68 Stat. 1037. |
In subsection (b), the words "not more than $500,000" are substituted for "such funds as may be necessary" and the text of 16 U.S.C. 45a (proviso) to eliminate unnecessary words.
SUBCHAPTER II—NATIONAL PARK FOUNDATION
§101111. Purpose and establishment of Foundation
To encourage private gifts of real and personal property, or any income from, or other interest in, the property, for the benefit of, or in connection with, the Service, its activities, or its services, and thereby to further the conservation of natural, scenic, historic, scientific, educational, inspirational, or recreational resources for future generations of Americans, there is established a charitable and nonprofit corporation to be known as the National Park Foundation to accept and administer those gifts.
(Pub. L. 113–287, §3, Dec. 19, 2014, 128 Stat. 3120.)
Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
---|---|---|
101111 | 16 U.S.C. 19e. | Pub. L. 90–209, §1, Dec. 18, 1967, 81 Stat. 656. |
§101112. Board
(a)
(b)
(c)
(d)
(e)
(f)
(g)
(h)
(Pub. L. 113–287, §3, Dec. 19, 2014, 128 Stat. 3120; Pub. L. 114–289, title IV, §401(1), Dec. 16, 2016, 130 Stat. 1488.)
Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
---|---|---|
101112 | 16 U.S.C. 19f. | Pub. L. 90–209, §2, Dec. 18, 1967, 81 Stat. 656. |
In this section, the text of 16 U.S.C. 19f (2d and last sentences in last sentences) is omitted as obsolete.
In subsection (a), the words "ex officio" are omitted as unnecessary.
In subsection (b), the words "whose initial terms shall be staggered to assure continuity of administration. Thereafter" are omitted as obsolete.
Editorial Notes
Amendments
2016—Subsec. (a). Pub. L. 114–289, §401(1)(A), amended subsec. (a) generally. Prior to amendment, text read as follows: "The National Park Foundation shall consist of a Board having as members the Secretary, the Director, and no fewer than 6 private citizens of the United States appointed by the Secretary."
Subsec. (c). Pub. L. 114–289, §401(1)(B), amended subsec. (c) generally. Prior to amendment, text read as follows: "The Secretary shall be the Chairman of the Board and the Director shall be the Secretary of the Board."
§101113. Gifts, devises, or bequests
(a)
(1)
(2)
(3)
(b)
(c)
(Pub. L. 113–287, §3, Dec. 19, 2014, 128 Stat. 3120; Pub. L. 114–289, title IV, §401(2), Dec. 16, 2016, 130 Stat. 1488.)
Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
---|---|---|
101113(a)(1) | 16 U.S.C. 19g (1st sentence words before proviso). | Pub. L. 90–209, §3, Dec. 18, 1967, 81 Stat. 656. |
101113(a)(2) | 16 U.S.C. 19g (last sentence). | |
101113(b) | 16 U.S.C. 19g (1st sentence proviso). | |
101113(c) | 16 U.S.C. 19g (2d sentence). |
In subsection (c), the words "among other things" are omitted as unnecessary.
Editorial Notes
Amendments
2016—Subsec. (a)(2), (3). Pub. L. 114–289 added par. (2) and redesignated former par. (2) as (3).
§101114. Disposition of property or income
(a)
(b)
(c)
(Pub. L. 113–287, §3, Dec. 19, 2014, 128 Stat. 3121.)
Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
---|---|---|
101114 | 16 U.S.C. 19h. | Pub. L. 90–209, §4, Dec. 18, 1967, 81 Stat. 656; Pub. L. 106–176, title III, §305, Mar. 10, 2000, 114 Stat. 33. |
§101115. Corporate succession and powers and duties acting as trustee; personal liability for malfeasance
(a)
(b)
(c)
(Pub. L. 113–287, §3, Dec. 19, 2014, 128 Stat. 3121.)
Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
---|---|---|
101115 | 16 U.S.C. 19i. | Pub. L. 90–209, §5, Dec. 18, 1967, 81 Stat. 657. |
§101116. Corporate powers
The National Park Foundation shall have the power to enter into contracts, to execute instruments, and generally to do any and all lawful acts necessary or appropriate to its purposes.
(Pub. L. 113–287, §3, Dec. 19, 2014, 128 Stat. 3121.)
Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
---|---|---|
101116 | 16 U.S.C. 19j. | Pub. L. 90–209, §6, Dec. 18, 1967, 81 Stat. 657. |
§101117. Authority of Board
In carrying out this chapter, the Board may—
(1) adopt bylaws and regulations necessary for the administration of its functions; and
(2) contract for any necessary services.
(Pub. L. 113–287, §3, Dec. 19, 2014, 128 Stat. 3121.)
Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
---|---|---|
101117 | 16 U.S.C. 19k. | Pub. L. 90–209, §7, Dec. 18, 1967, 81 Stat. 657. |
§101118. Tax exemptions; contributions toward costs of local government; contributions, gifts, or transfers to or for use of United States
(a)
(b)
(1) contribute toward the costs of local government in amounts not in excess of those which it would be obligated to pay that government if it were not exempt from taxation by virtue of subsection (a) or by virtue of its being a charitable and nonprofit corporation; and
(2) agree to contribute with respect to property transferred to it and the income derived from the property if the agreement is a condition of the transfer.
(c)
(Pub. L. 113–287, §3, Dec. 19, 2014, 128 Stat. 3122.)
Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
---|---|---|
101118 | 16 U.S.C. 19l. | Pub. L. 90–209, §8, Dec. 18, 1967, 81 Stat. 657. |
In subsection (b), the words "in the discretion of its directors" are omitted as unnecessary.
§101119. Liability of United States
The United States shall not be liable for any debts, defaults, acts, or omissions of the National Park Foundation.
(Pub. L. 113–287, §3, Dec. 19, 2014, 128 Stat. 3122.)
Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
---|---|---|
101119 | 16 U.S.C. 19m. | Pub. L. 90–209, §9, Dec. 18, 1967, 81 Stat. 657. |
§101120. Promotion of local fundraising support
(a)
(b)
(1) assist in the creation of local nonprofit support organizations; and
(2) provide support, national consistency, and management-improving suggestions for local nonprofit support organizations.
(c)
(1) shall include the greatest number of System units as is practicable; and
(2) at a minimum shall include—
(A) a standard adaptable organizational design format to establish and sustain responsible management of a local nonprofit support organization for support of a System unit;
(B) standard and legally tenable bylaws and recommended money-handling procedures that can easily be adapted as applied to individual System units; and
(C) a standard training curriculum to orient and expand the operating expertise of personnel employed by local nonprofit support organizations.
(d)
(e)
(1)
(A) a nonprofit support organization or friends group to modify current practices or to affiliate with the National Park Foundation; or
(B) a local nonprofit support organization, established as a result of this section, to be bound through its charter or corporate bylaws to be permanently affiliated with the National Park Foundation.
(2)
(Pub. L. 113–287, §3, Dec. 19, 2014, 128 Stat. 3122.)
Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
---|---|---|
101120 | 16 U.S.C. 19o. | Pub. L. 90–209, §11, as added Pub. L. 105–391, title VII, §701, Nov. 13, 1998, 112 Stat. 3520. |
§101121. Second Century Endowment for the National Park Service
(a)
(1)
(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,1 $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)
(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, travel and transportation expenses, and other overhead expenses.
(b)
(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.
(Added Pub. L. 114–289, title II, §202(a), Dec. 16, 2016, 130 Stat. 1485.)
Editorial Notes
References in Text
Section 805(b)(1) of the Federal Lands Recreational Enhancement Act, referred to in subsec. (a)(1)(A), probably means section 805(b)(1) of the Federal Lands Recreation Enhancement Act, which is section 805(b)(1) of Pub. L. 108–447, div. J, title VIII, Dec. 8, 2004, 118 Stat. 3385, and is classified to section 6804(b)(1) of Title 16, Conservation.
The District of Columbia Uniform Prudent Management of Institutional Funds Act of 2007, referred to in subsec. (a)(2)(C), is the Act of Jan. 23, 2008, D.C. Law 17–69, 54 DCR 11650, which is not classified to the Code.
The date of the enactment of this section, referred to in subsec. (b), is the date of enactment of Pub. L. 114–289, which was approved Dec. 16, 2016.
1 See References in Text note below.
§101122. Authorization of appropriations; use of funds
(a)
(b)
(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.
(Added Pub. L. 114–289, title IV, §402(a), Dec. 16, 2016, 130 Stat. 1488; Pub. L. 117–328, div. DD, title VI, §646, Dec. 29, 2022, 136 Stat. 5616.)
Editorial Notes
Amendments
2022—Subsec. (a). Pub. L. 117–328 substituted "$15,000,000" for "$5,000,000" and "2030" for "2023".
CHAPTER 1013—EMPLOYEES
SUBCHAPTER I—GENERAL PROVISIONS
SUBCHAPTER II—SERVICE CAREER DEVELOPMENT, TRAINING, AND MANAGEMENT
SUBCHAPTER III—HOUSING IMPROVEMENT
SUBCHAPTER I—GENERAL PROVISIONS
§101301. Maintenance management system
The Service shall implement a maintenance management system in the maintenance and operations programs of the System. The system shall include the following elements:
(1) A workload inventory of assets including detailed information that quantifies for all assets (including buildings, roads, utility systems, and grounds that must be maintained) the characteristics affecting the type of maintenance work performed.
(2) A set of maintenance tasks that describe the maintenance work in each System unit.
(3) A description of work standards including—
(A) frequency of maintenance;
(B) measurable quality standard to which assets should be maintained;
(C) methods for accomplishing work;
(D) required labor, equipment, and material resources; and
(E) expected worker production for each maintenance task.
(4) A work program and performance budget that develops an annual work plan identifying maintenance needs and financial resources to be devoted to each maintenance task.
(5) A work schedule that identifies and prioritizes tasks to be done in a specific time period and specifies required labor resources.
(6) Work orders specifying job authorizations and a record of work accomplished that can be used to record actual labor and material costs.
(7) Reports and special analyses that compare planned versus actual accomplishments and costs and that can be used to evaluate maintenance operations.
(Pub. L. 113–287, §3, Dec. 19, 2014, 128 Stat. 3123.)
Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
---|---|---|
101301 | 16 U.S.C. 1a–8(a). | Pub. L. 98–540, §4(a), Oct. 24, 1984, 98 Stat. 2719; Pub. L. 103–437, §6(d)(1), Nov. 2, 1994, 108 Stat. 4583. |
§101302. Authority of Secretary to carry out certain activities
(a)
(b)
(1) the area is not adequately served by commercial transportation; and
(2) the transportation is incidental to official transportation services.
(c)
(d)
(e)
(Pub. L. 113–287, §3, Dec. 19, 2014, 128 Stat. 3124.)
Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
---|---|---|
101302(a) | 16 U.S.C. 1a–2 (matter before (a)). | Pub. L. 91–383, §3 (matter before (a)), Aug. 18, 1970, 84 Stat. 826. |
101302(b) | 16 U.S.C. 1a–2(a). | Pub. L. 91–383, §3(a), (b), (d), Aug. 18, 1970, 84 Stat. 826, 827; Pub. L. 106–176, title I, §118(2), (3), Mar. 10, 2000, 114 Stat. 28. |
101302(c) | 16 U.S.C. 1a–2(b). | |
101302(d) | 16 U.S.C. 1a–2(d). | |
101302(e) | 16 U.S.C. 1a–2(i). | Pub. L. 91–383, §3(i), as added Pub. L. 94–458, §1(2), Oct. 7, 1976, 90 Stat. 1939; Pub. L. 106–176, title I, §118(2), (4), Mar. 10, 2000, 114 Stat. 28. |
§101303. Medical attention for employees
(a)
(b)
(1) moving the employees to hospitals or other places where medical assistance is available; and
(2) in case of death, to remove the bodies of deceased employees to the nearest place where they can be prepared for shipment or for burial.
(Pub. L. 113–287, §3, Dec. 19, 2014, 128 Stat. 3124.)
Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
---|---|---|
101303(a) | 16 U.S.C. 11. | May 10, 1926, ch. 277, §1 (last undesignated par. under heading " |
101303(b) | 16 U.S.C. 13. | July 3, 1926, ch. 792, §2, 44 Stat. 900. |
§101304. Personal equipment and property
(a)
(b)
(c)
(1) require field employees of the Service to furnish horses, motor and other vehicles, and miscellaneous equipment necessary for the performance of their official work; and
(2) provide, at Federal Government expense, forage, care, and housing for animals, and housing or storage and fuel for vehicles and other equipment required to be furnished.
(d)
(Pub. L. 113–287, §3, Dec. 19, 2014, 128 Stat. 3124.)
Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
---|---|---|
101304(a) | 16 U.S.C. 17. | May 26, 1930, ch. 324, §§1, 7 to 9, 46 Stat. 381, 382. |
101304(b) | 16 U.S.C. 17f. | |
101304(c) | 16 U.S.C. 17g. | |
101304(d) | 16 U.S.C. 17h. |
§101305. Travel expenses of System employees and dependents of deceased employees
In the administration of the System, the Secretary may, under regulations the Secretary may prescribe, pay the travel expenses (including the costs of packing, crating, and transporting (including draying) personal property) of—
(1) employees, on permanent change of station of the employees; and
(2) dependents of deceased employees—
(A) to the nearest housing reasonably available that is of a standard not less than that which is vacated, including compensation for not to exceed 60 days rental cost, in the case of an employee who occupied Federal Government housing and whose death requires the housing to be promptly vacated; and
(B) to the nearest port of entry in the conterminous 48 States in the case of an employee whose last permanent station was outside the conterminous 48 States.
(Pub. L. 113–287, §3, Dec. 19, 2014, 128 Stat. 3125.)
Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
---|---|---|
101305 | 16 U.S.C. 17j. | May 26, 1930, ch. 324, §11, 46 Stat. 383; Pub. L. 91–383, §5, as added Pub. L. 94–458, §2, Oct. 7, 1976, 90 Stat. 1939. |
SUBCHAPTER II—SERVICE CAREER DEVELOPMENT, TRAINING, AND MANAGEMENT
§101321. Service employee training
The Secretary shall develop a comprehensive training program for employees in all professional careers in the workforce of the Service for the purpose of ensuring that the workforce has available the best up-to-date knowledge, skills, and abilities with which to manage, interpret, and protect the resources of the System.
(Pub. L. 113–287, §3, Dec. 19, 2014, 128 Stat. 3125.)
Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
---|---|---|
101321 | 16 U.S.C. 5912. | Pub. L. 105–391, title I, §102, Nov. 13, 1998, 112 Stat. 3498. |
§101322. Management development and training
The Secretary shall maintain a clear plan for management training and development under which career professional Service employees from any appropriate academic field may obtain sufficient training, experience, and advancement opportunity to enable those qualified to move into System unit management positions, including the position of superintendent of a System unit.
(Pub. L. 113–287, §3, Dec. 19, 2014, 128 Stat. 3126.)
Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
---|---|---|
101322 | 16 U.S.C. 5913. | Pub. L. 105–391, title I, §103, Nov. 13, 1998, 112 Stat. 3498. |
The word "maintain" is substituted for "Within 2 years after November 13, 1998 . . . develop" to eliminate obsolete words.
SUBCHAPTER III—HOUSING IMPROVEMENT
§101331. Definitions
In this subchapter:
(1)
(A) an employee of the Service who is exclusively assigned by the Service to perform duties at a field unit, and the members of the employee's family; and
(B) any other individual who is authorized to occupy Federal Government quarters under section 5911 of title 5, and for whom there is no feasible alternative to the provision of Federal Government housing, and the members of the individual's family.
(2)
(3)
(4)
(Pub. L. 113–287, §3, Dec. 19, 2014, 128 Stat. 3126.)
Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
---|---|---|
101331 | 16 U.S.C. 17o(19). | Pub. L. 104–333, div. I, title VIII, §814(a)(19), Nov. 12, 1996, 110 Stat. 4194. |
The text of 16 U.S.C. 17o(19)(B) is omitted because the term "land management agency" is not used.
§101332. General authority of Secretary
(a)
(1) make available employee housing, on or off land under the administrative jurisdiction of the Service; and
(2) rent that housing to field employees at rates based on the reasonable value of the housing in accordance with requirements applicable under section 5911 of title 5.
(b)
(c)
(d)
(Pub. L. 113–287, §3, Dec. 19, 2014, 128 Stat. 3126.)
Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
---|---|---|
101332(a) | 16 U.S.C. 17o(2). | Pub. L. 104–333, div. I, title VIII, §814(a)(2), (17)(A), (B), Nov. 12, 1996, 110 Stat. 4190, 4193. |
101332(b) | 16 U.S.C. 17o(9). | Pub. L. 104–333, div. I, title VIII, §814(a)(9), Nov. 12, 1996, 110 Stat. 4191; Pub. L. 106–176, title I, §120(a)(1)(C), Mar. 10, 2000, 114 Stat. 28. |
101332(c) | 16 U.S.C. 17o(17)(A). | |
101332(d) | 16 U.S.C. 17o(17)(B). |
In subsection (a)(2), the words "or lease" are omitted to distinguish between leasing property and renting employee housing.
§101333. Criteria for providing housing
The Secretary shall maintain criteria under which housing is provided to employees of the Service. The Secretary shall examine the criteria with respect to the circumstances under which the Service requires an employee to occupy Federal Government quarters, so as to provide necessary services or protect Federal Government property or because of a lack of availability of non-Federal housing in a geographic area.
(Pub. L. 113–287, §3, Dec. 19, 2014, 128 Stat. 3127.)
Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
---|---|---|
101333 | 16 U.S.C. 17o(3). | Pub. L. 104–333, div. I, title VIII, §814(a)(3), Nov. 12, 1996, 110 Stat. 4190. |
The words "The Secretary shall maintain" are substituted for "On November 12, 1996, the Secretary shall review and revise the existing", and the word "existing" is omitted, to eliminate obsolete words.
§101334. Authorization for housing agreements
The Secretary may, pursuant to the authorities contained in this subchapter and subject to the appropriation of necessary funds in advance, enter into housing agreements with housing entities under which the housing entities may develop, construct, rehabilitate, or manage housing, located on or off public land, for rent to Service employees who meet the housing eligibility criteria developed by the Secretary pursuant to this subchapter.
(Pub. L. 113–287, §3, Dec. 19, 2014, 128 Stat. 3127.)
Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
---|---|---|
101334 | 16 U.S.C. 17o(6). | Pub. L. 104–333, div. I, title VIII, §814(a)(6), Nov. 12, 1996, 110 Stat. 4191; Pub. L. 106–176, title I, §120(a)(1)(A), Mar. 10, 2000, 114 Stat. 28. |
The words "For those units of the National Park System for which the review required by paragraphs (3) and (5) has been completed" are omitted as obsolete. The words "or lease" are omitted to distinguish between leasing property and renting employee housing.
§101335. Housing programs
(a)
(1)
(A) Federal land and interests in land to qualified persons for the construction of field employee quarters for any period not to exceed 50 years; and
(B) developed and undeveloped non-Federal land for providing field employee quarters.
(2)
(3)
(A) shall stipulate whether operation and maintenance of field employee quarters is to be provided by the lessee, field employees, or the Federal Government;
(B) shall require that the construction and rehabilitation of field employee quarters be done in accordance with the requirements of the Service and local applicable building codes and industry standards;
(C) shall contain additional terms and conditions as may be appropriate to protect the Federal interest, including limits on rents that the lessee may charge field employees for the occupancy of quarters, conditions on maintenance and repairs, and agreements on the provision of charges for utilities and other infrastructure; and
(D) may be granted at less than fair market value if the Secretary determines that the lease will improve the quality and availability of field employee quarters.
(4)
(b)
(1)
(2)
(A)
(i) the occupancy of more than 75 percent of the units constructed or rehabilitated under the lease; and
(ii) at a rental rate that exceeds the rate based on the reasonable value of the housing in accordance with requirements applicable under section 5911 of title 5.
(B)
(3)
(4)
(Pub. L. 113–287, §3, Dec. 19, 2014, 128 Stat. 3127.)
Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
---|---|---|
101335(a) | 16 U.S.C. 17o(7). | Pub. L. 104–333, div. I, title VIII, §814(a)(7), Nov. 12, 1996, 110 Stat. 4190; Pub. L. 106–176, title I, §120(a)(1)(B), Mar. 10, 2000, 114 Stat. 28. |
101335(b) | 16 U.S.C. 17o(8). | Pub. L. 104–333, div. I, title VIII, §814(a)(8), Nov. 12, 1996, 110 Stat. 4192. |
§101336. Contracts for the management of field employee quarters
Subject to the appropriation of necessary funds in advance, the Secretary may enter into contracts of any duration for the management, repair, and maintenance of field employee quarters. The contract shall contain terms and conditions that the Secretary considers necessary or appropriate to protect the interests of the United States and ensure that necessary quarters are available to field employees.
(Pub. L. 113–287, §3, Dec. 19, 2014, 128 Stat. 3128.)
Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
---|---|---|
101336 | 16 U.S.C. 17o(10). | Pub. L. 104–333, div. I, title VIII, §814(a)(10), Nov. 12, 1996, 110 Stat. 4192. |
§101337. Leasing of seasonal employee quarters
(a)
(1) the requirement for the seasonal field employee quarters is temporary; or
(2) leasing would be more cost-effective than construction of new seasonal field employee quarters.
(b)
(c)
(Pub. L. 113–287, §3, Dec. 19, 2014, 128 Stat. 3128.)
Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
---|---|---|
101337 | 16 U.S.C. 17o(11). | Pub. L. 104–333, div. I, title VIII, §814(a)(11), Nov. 12, 1996, 110 Stat. 4192; Pub. L. 106–176, title I, §120(a)(1)(D), Mar. 10, 2000, 114 Stat. 28. |
§101338. General leasing provisions
(a)
(b)
(Pub. L. 113–287, §3, Dec. 19, 2014, 128 Stat. 3128.)
Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
---|---|---|
101338(a) | 16 U.S.C. 17o(17)(C). | Pub. L. 104–333, div. I, title VIII, §814(a)(17)(C), Nov. 12, 1996, 110 Stat. 4194. |
101338(b) | 16 U.S.C. 17o(18). | Pub. L. 104–333, div. I, title VIII, §814(a)(18), Nov. 12, 1996, 110 Stat. 4191; Pub. L. 106–176, title I, §120(a)(1)(F), Mar. 10, 2000, 114 Stat. 28. |
§101339. Assessment and priority listing
The Secretary shall—
(1) complete a condition assessment for all field employee housing, including the physical condition of the housing and the necessity and suitability of the housing for carrying out the mission of the Service, using existing information; and
(2) develop a Service-wide priority listing, by structure, identifying the units in greatest need for repair, rehabilitation, replacement, or initial construction.
(Pub. L. 113–287, §3, Dec. 19, 2014, 128 Stat. 3129.)
Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
---|---|---|
101339 | 16 U.S.C. 17o(12). | Pub. L. 104–333, div. I, title VIII, §814(a)(12), Nov. 12, 1996, 110 Stat. 4193. |
In paragraph (1), the words "mission of the Service" are substituted for "agency mission" because the provision applies only to the Service.
In paragraph (2), the word "Service-wide" is substituted for "agency-wide" because the provision applies only to the Service.
§101340. Use of funds
(a)
(b)
(Pub. L. 113–287, §3, Dec. 19, 2014, 128 Stat. 3129.)
Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
---|---|---|
101340(a) | 16 U.S.C. 17o(13). | Pub. L. 104–333, div. I, title VIII, §814(a)(13), Nov. 12, 1996, 110 Stat. 4193; Pub. L. 106–176, title I, §120(a)(1)(E), Mar. 10, 2000, 114 Stat. 28. |
101340(b) | 16 U.S.C. 17o(14). | Pub. L. 104–333, div. I, title VIII, §814(a)(14), Nov. 12, 1996, 110 Stat. 4193. |
In subsection (a), the word "Secretary" is substituted for "agency" to correct an error in the source provision because the provision only applies to the Service and the Secretary develops the priority listing.
In subsection (b), the words "for the first fiscal year after November 12, 1996, and . . . subsequent" are omitted as obsolete.
CHAPTER 1015—TRANSPORTATION
SUBCHAPTER I—AIRPORTS
SUBCHAPTER II—ROADS AND TRAILS
SUBCHAPTER III—PUBLIC TRANSPORTATION PROGRAMS FOR SYSTEM UNITS
SUBCHAPTER IV—FEES
SUBCHAPTER I—AIRPORTS
§101501. Airports in or near System units
(a)
(b)
(1)
(2)
(3)
(c)
(1)
(A) acquire necessary land and interests in or over land;
(B) contract for the construction, improvement, operation, and maintenance of airports and incidental facilities;
(C) enter into agreements with other public agencies providing for the construction, operation, or maintenance of airports by those agencies or jointly by the Secretary and those agencies on mutually satisfactory terms; and
(D) enter into other agreements and take other action with respect to the airports as may be necessary to carry out this section.
(2)
(d)
(1) sponsor projects under subchapter I of chapter 471 of title 49 independently or jointly with other public agencies; and
(2) use, for payment of the sponsor's share of the project costs of those projects, any funds that may be—
(A) contributed or otherwise made available to the Secretary for those purposes; or
(B) appropriated or otherwise specifically authorized for that purpose.
(e)
(Pub. L. 113–287, §3, Dec. 19, 2014, 128 Stat. 3129.)
Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
---|---|---|
101501(a) | 16 U.S.C. 7e. | Mar. 18, 1950, ch. 72, §§1 through 5, 64 Stat. 27; Pub. L. 85–726, title XIV, §1402(e), Aug. 23, 1958, 72 Stat. 807; Pub. L. 89–763, Nov. 5, 1966, 80 Stat. 1313; Pub. L. 91–258, title I, §52(b)(1), May 21, 1970, 84 Stat. 235. |
101501(b) | 16 U.S.C. 7a. | |
101501(c) | 16 U.S.C. 7b. | |
101501(d) | 16 U.S.C. 7c. | |
101501(e) | 16 U.S.C. 7d. |
In subsections (a) and (d)(1), the words "subchapter I of chapter 471 of title 49" are substituted for "the Federal Airport Act". The Federal Airport Act was repealed by section 52(a) of the Airport and Airway Development Act of 1970 (Public Law 91–258, 84 Stat. 235), and the Airport and Airway Development Act of 1970 replaced the Federal Airport Act. The Airport and Airway Development Act of 1970 was repealed by section 523(a) of the Airport and Airway Improvement Act of 1982 (Public Law 97–248, 96 Stat. 695). The Airport and Airway Improvement Act of 1982, which replaced the Airport and Airway Development Act of 1970, was enacted as subchapter I of chapter 471 of title 49 by section 1(e) of the Act of July 5, 1994 (Public Law 103–272, 108 Stat. 1245).
In subsection (b)(2), the words "section 47103 of title 49" are substituted for "the Federal Airport Act". The Federal Airport Act was repealed by section 52(a) of the Airport and Airway Development Act of 1970 (Public Law 91–258, 84 Stat. 235). Section 12 of the Airport and Airway Development Act of 1970, which provided for a national airport system plan, was replaced by section 504 of the Airport and Airway Improvement Act of 1982 (Public Law 97–248, 96 Stat. 675). Section 504 was enacted as section 47103 of title 49 by section 1(e) of the Act of July 5, 1994 (Public Law 103–272, 108 Stat. 1251).
In subsection (c), the text of 16 U.S.C. 7b (last proviso) is omitted as obsolete.
In subsection (c)(2), the words "chief executive official of the" are added for clarity and for consistency in the new title.
In subsection (d)(2)(A), the words "(receipt of which funds and their use for such purposes is authorized)" are omitted as unnecessary.
SUBCHAPTER II—ROADS AND TRAILS
§101511. Authority of Secretary
(a)
(b)
(1)
(A)
(B)
(i)
(I) 60 miles in length between a System unit gateway and a point on or leading to the nearest convenient National Highway System road; or
(II) 30 miles in length if the approach road is on the National Highway System.
(ii)
(C)
(2)
(A)
(B)
(3)
(c)
(Pub. L. 113–287, §3, Dec. 19, 2014, 128 Stat. 3130.)
Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
---|---|---|
101511(a) | 16 U.S.C. 8. | Apr. 9, 1924, ch. 86, §1, 43 Stat. 90. |
16 U.S.C. 8b (words after 6th comma and before semicolon, last proviso). | Apr. 9, 1924, ch. 86, §5, as added Jan. 31, 1931, ch. 79, 46 Stat. 1053. | |
101511(b)(1) | 16 U.S.C. 8a. | Apr. 9, 1924, ch. 86, §§4, 6, as added Jan. 31, 1931, ch. 79, 46 Stat. 1053, 1054. |
101511(b) (2)(A) | 16 U.S.C. 8b (words before 6th comma, words after semicolon and before 1st proviso). | |
101511(b) (2)(B) | 16 U.S.C. 8b (2d proviso). | |
101511(b)(3) | 16 U.S.C. 8c. | |
101511(c) | 16 U.S.C. 8b (1st proviso). |
In subsection (a), the text of 16 U.S.C. 8b (last proviso) and the words "in the administration of the National Park Service" in 16 U.S.C. 8 are omitted as unnecessary.
In subsection (b)(1)(A), the words "at least 90 percent" are substituted for "wholly or to the extent of 90 per centum" to eliminate unnecessary words. The words "National Highway System" are substituted for "Federal 7 per centum highway system" to reflect the current name of the system. See 23:101(a)(16).
In subsection (b)(2)(A), the words "during the fiscal years 1950 and 1951" and the text of 16 U.S.C. 8b (words after semicolon and before 1st proviso) are omitted as obsolete.
In subsection (c), the words "Secretary of Transportation" are substituted for "Secretary of Commerce" because the functions of the Secretary of Agriculture relating to Public Roads Administration were transferred to the Federal Works Administrator by Reorganization Plan No. 1 of 1939 (5 App. U.S.C.) and subsequently to the Administrator of General Services by section 103 of the Federal Property and Administrative Services Act of 1949 (ch. 288, 63 Stat. 380) and the Secretary of Commerce and Secretary of Transportation by Reorganization Plan No. 7 of 1949 (5 App. U.S.C.), as amended by section 2(b) of Public Law 97–449 (96 Stat. 2439).
§101512. Conveyance to States of roads leading to certain historical areas
(a)
(b)
(c)
(d)
(Pub. L. 113–287, §3, Dec. 19, 2014, 128 Stat. 3131.)
Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
---|---|---|
101512(a) | 16 U.S.C. 8f. | June 3, 1948, ch. 401, §2, 62 Stat. 334; Aug. 1, 1956, ch. 852, §5, 70 Stat. 908. |
101512(b) through (d) | 16 U.S.C. 8e. | June 3, 1948, ch. 401, §1, 62 Stat. 334. |
In subsection (a), the words "Hawaii, Alaska" are omitted as obsolete.
In subsection (d), the words "is retroceded" are substituted for "shall thereby cease and determine" for clarity. The word "thereafter" is omitted as unnecessary.
SUBCHAPTER III—PUBLIC TRANSPORTATION PROGRAMS FOR SYSTEM UNITS
§101521. Transportation service and facility programs
(a)
(b)
(1)
(A) contract with public or private agencies or carriers to provide transportation services, capital equipment, or facilities to improve access to System units;
(B) operate those services directly in the absence of suitable and adequate agencies or carriers;
(C) acquire, by purchase, lease, or agreement, capital equipment for those services; and
(D) where necessary to carry out this subchapter, acquire, by lease, purchase, donation, exchange, or transfer, land, water, or an interest in land or water that is situated outside the boundary of a System unit.
(2)
(A)
(B)
(C)
(c)
(d)
(e)
(Pub. L. 113–287, §3, Dec. 19, 2014, 128 Stat. 3132.)
Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
---|---|---|
101521 | 16 U.S.C. 2302. | Pub. L. 95–344, title III, §302, Aug. 15, 1978, 92 Stat. 478; Pub. L. 103–437, §6(d)(18), Nov. 2, 1994, 108 Stat. 4584; Pub. L. 104–333, div. I, title VIII, §814(d)(1)(A), Nov. 12, 1996, 110 Stat. 4195. |
The text of 16 U.S.C. 2302(d) is omitted as superseded by 16 U.S.C. 5981, restated as section 101531 of the new title.
In subsection (d), the words "shall not be considered as concession facilities or services within the meaning of the Act of October 9, 1965 (79 Stat. 969)" are omitted as obsolete because that Act was repealed by section 415(a) of the National Parks Omnibus Management Act of 1998 (Public Law 105–391, 112 Stat. 3515).
In subsection (e), the words "section 13506(a)(9)" are substituted for "section 10526(a)(9)" because of the general amendment of subtitle IV of title 49 by the ICC Termination Act of 1995 (Public Law 104–88, 109 Stat. 802), in which provisions comparable to section 10526(a)(9) were enacted as section 13506(a)(9) (109 Stat. 862). The words "section 10526(a)(9)" previously had been substituted for "section 203(b)(4) of the Interstate Commerce Act (49 U.S.C. 303(b)(4))" because of section 3(b) of the Act of October 17, 1978 (Public Law 95–473, 92 Stat, 1466), the 1st section of which enacted subtitle IV of title 49.
Statutory Notes and Related Subsidiaries
Congressional Statement of Purpose
Pub. L. 95–344, title III, §301(b), Aug. 15, 1978, 92 Stat. 478, provided that "The purpose of this title [see Tables for classification] is to make the National Park System more accessible in a manner consistent with the preservation of parks and the conservation of energy by encouraging the use of transportation modes other than personal motor vehicles for access to and within units of the National Park System with minimum disruption to nearby communities through authorization of a pilot transportation program."
1 So in original. Probably should be "
§101522. Transportation projects
(a)
(b)
(Pub. L. 113–287, §3, Dec. 19, 2014, 128 Stat. 3133.)
Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
---|---|---|
101522 | 16 U.S.C. 2303. | Pub. L. 95–344, title III, §303, Aug. 15, 1978, 92 Stat. 479; Pub. L. 96–88, title V, §509(b), Oct. 17, 1979, 93 Stat. 695; Pub. L. 103–437, §6(d)(18), Nov. 2, 1994, 108 Stat. 4584. |
Subsection (b) is substituted for 16 U.S.C. 2303(b) to eliminate obsolete words.
§101523. Procedures applicable to transportation plans and projects
(a)
(1) give public notice of intention to formulate the plan by publication in the Federal Register and in a newspaper or periodical having general circulation in the vicinity of the affected System unit; and
(2) following the notice, hold a public meeting at a location convenient to the affected System unit.
(b)
(1) establish procedures, including public meetings, to give State and local governments and the public adequate notice and an opportunity to comment on the proposed transportation project; and
(2) when the proposed project would involve an expenditure in excess of $100,000 in any fiscal year, submit a detailed report to the Committee on Energy and Natural Resources of the Senate and the Committee on Natural Resources of the House of Representatives.
(c)
(Pub. L. 113–287, §3, Dec. 19, 2014, 128 Stat. 3133.)
Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
---|---|---|
101523 | 16 U.S.C. 2304. | Pub. L. 95–344, title III, §304, Aug. 15, 1978, 92 Stat. 479; Pub. L. 103–437, §6(d)(18), Nov. 2, 1994, 108 Stat. 4584. |
In subsection (c), the words "When a report on a project is required under subsection (b)(2)" are added for clarity. The words "implementation of the project" are substituted for "implementation of such plan", and the words "submission of the report" are substituted for "submission of the plan", for consistency.
§101524. Special rule for service contract to provide transportation services
Notwithstanding any other provision of law, a service contract entered into by the Secretary for the provision solely of transportation services in a System unit shall be not more than 10 years in length, including a base period of 5 years and annual extensions for up to an additional 5 years based on satisfactory performance and approval by the Secretary.
(Pub. L. 113–287, §3, Dec. 19, 2014, 128 Stat. 3134.)
Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
---|---|---|
101524 | 16 U.S.C. 5961(a). | Pub. L. 105–391, title IV, §412(a), Nov. 13, 1998, 112 Stat. 3514; Pub. L. 106–113, div. B, §1000(a)(3) [title I, §143(1)], Nov. 29, 1999, 113 Stat. 1535, 1501A-171. |
SUBCHAPTER IV—FEES
§101531. Fee for use of transportation services
Notwithstanding any other provision of law, where the Service or an entity under a service contract, cooperative agreement, or other contractual agreement with the Service provides transportation to all or a portion of any System unit, the Secretary may impose a reasonable and appropriate charge to the public for the use of the transportation services in addition to any admission fee required to be paid. Collection of the transportation and admission fees may occur at the transportation staging area or any other reasonably convenient location determined by the Secretary. The Secretary may enter into agreements, with public or private entities that qualify to the Secretary's satisfaction, to collect the transportation and admission fee. Transportation fees collected pursuant to this section shall be retained by the System unit at which the transportation fee was collected, and the amount retained shall be expended only for costs associated with the transportation systems at the System unit where the charge was imposed.
(Pub. L. 113–287, §3, Dec. 19, 2014, 128 Stat. 3134.)
Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
---|---|---|
101531 | 16 U.S.C. 5981. | Pub. L. 105–391, title IV, §501, Nov. 13, 1998, 112 Stat. 3518; Pub. L. 109–131, title I, §102(b), Dec. 20, 2005, 119 Stat. 2568. |
CHAPTER 1017—FINANCIAL AGREEMENTS
§101701. Challenge cost-share agreement authority
(a)
(1)
(2)
(b)
(c)
(Pub. L. 113–287, §3, Dec. 19, 2014, 128 Stat. 3134; Pub. L. 113–40, §10(c), Oct. 2, 2013, 127 Stat. 546.)
Amendment Not Shown in Text
This section was derived from section 1f of Title 16, Conservation, which was amended by Pub. L. 113–40, §10(c), Oct. 2, 2013, 127 Stat. 546. For applicability of that amendment to this section, see section 6(b) of Pub. L. 113–287, set out as a Transitional and Savings Provisions note preceding section 100101 of this title. Former section 1f of Title 16, which consisted of pars. (1) to (3) [restated in this section as subsecs. (a) to (c)], was amended by Pub. L. 113–40 by adding at the end the following new paragraphs:
"(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 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."
Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
---|---|---|
101701 | 16 U.S.C. 1f. | Pub. L. 104–333, div. I, title VIII, §814(g), Nov. 12, 1996, 110 Stat. 4199. |
§101702. Cooperative agreements
(a)
(b)
(1)
(A) enter into cooperative agreements with public or private educational institutions, States, and political subdivisions of States to develop adequate, coordinated, cooperative research and training programs concerning the resources of the System; and
(B) pursuant to an agreement, accept from and make available to the cooperator technical and support staff, financial assistance for mutually agreed upon research projects, supplies and equipment, facilities, and administrative services relating to cooperative research units that the Secretary considers appropriate.
(2)
(c)
(1) sell at fair market value, without regard to the requirements of chapters 1 to 11 of title 40 and division C (except sections 3302, 3307(e), 3501(b), 3509, 3906, 4710, and 4711) of subtitle I of title 41, products and services produced in the conduct of living exhibits and interpretive demonstrations in System units;
(2) enter into contracts, including cooperative arrangements, with respect to living exhibits and interpretive demonstrations in System units; and
(3) credit the proceeds from those sales and contracts to the appropriation bearing the cost of the exhibits and demonstrations.
(d)
(1)
(2)
(A) provide for—
(i) the preservation, conservation, and restoration of coastal and riparian systems, watersheds, and wetlands;
(ii) preventing, controlling, or eradicating invasive exotic species that are within a System unit or adjacent to a System unit; or
(iii) restoration of natural resources, including native wildlife habitat or ecosystems;
(B) include a statement of purpose demonstrating how the agreement will—
(i) enhance science-based natural resource stewardship at the System unit; and
(ii) benefit the parties to the agreement;
(C) specify any staff required and technical assistance to be provided by the Secretary or other parties to the agreement in support of activities inside and outside the System unit that will—
(i) protect natural resources of the System unit; and
(ii) benefit the parties to the agreement;
(D) identify any materials, supplies, or equipment and any other resources that will be contributed by the parties to the agreement or by other Federal agencies;
(E) describe any financial assistance to be provided by the Secretary or the partners to implement the agreement;
(F) ensure that any expenditure by the Secretary pursuant to the agreement is determined by the Secretary to support the purposes of natural resource stewardship at a System unit; and
(G) include such other terms and conditions as are agreed to by the Secretary and the other parties to the agreement.
(3)
(Pub. L. 113–287, §3, Dec. 19, 2014, 128 Stat. 3135.)
Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
---|---|---|
101702(a) | 16 U.S.C. 1g. | Pub. L. 104–208, div. A, title I, §101(d) [title I (3d undesignated par. under heading " |
101702(b) | 16 U.S.C. 1a–2 (matter before (a)). | Pub. L. 91–383, §3 (matter before (a)), Aug. 18, 1970, 84 Stat. 826. |
16 U.S.C. 1a–2(j). | Pub. L. 91–383, §3(j), as added Pub. L. 104–333, div. I, title VIII, §818, Nov. 12, 1996, 110 Stat. 4201; Pub. L. 106–176, title I, §118(5), Mar. 10, 2000, 114 Stat. 28. | |
101702(c) | 16 U.S.C. 1a–2 (matter before (a)). | |
16 U.S.C. 1a–2(g). | Pub. L. 91–383, §3(g), Aug. 18, 1970, 84 Stat. 827; Pub. L. 104–333, div. I, title VII, §703, Nov. 12, 1996, 110 Stat. 4185; Pub. L. 106–176, title I, §118(1), (2), Mar. 10, 2000, 114 Stat. 28. | |
101702(d) | 16 U.S.C. 1j(a) through (c). | Pub. L. 110–229, title III, subtitle A, §301(a) through (c), May 8, 2008, 122 Stat. 768. |
In subsection (a), the word "Secretary" is substituted for "National Park Service" to reflect the transfer of functions of other officers, employees, and agencies of the Department of the Interior to the Secretary by sections 1 and 2 of Reorganization Plan No. 3 of 1950 (5 U.S.C. App.). The words "in fiscal year 1997 and thereafter" are omitted as obsolete. The words "for the public purpose of carrying out National Park Service programs" are omitted as unnecessary. The words "is a cooperative agreement properly entered into under section 6305 of title 31" are substituted for "pursuant to section 6305 of title 31" for clarity.
§101703. Cooperative management agreements
(a)
(b)
(c)
(Pub. L. 113–287, §3, Dec. 19, 2014, 128 Stat. 3136.)
Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
---|---|---|
101703 | 16 U.S.C. 1a–2 (matter before (a)). | Pub. L. 91–383, §3 (matter before (a)), Aug. 18, 1970, 84 Stat. 826. |
16 U.S.C. 1a–2(l). | Pub. L. 91–383, §3(l), as added Pub. L. 105–391, title VIII, §802(a), Nov. 13, 1998, 112 Stat. 3523. |
Statutory Notes and Related Subsidiaries
Authorizing Cooperative Management Agreements Between the District of Columbia and the Secretary of the Interior
Pub. L. 116–9, title II, §2403, Mar. 12, 2019, 133 Stat. 747, provided that: "The Secretary [of the Interior] may enter into a cooperative management agreement with the District of Columbia in accordance with section 101703 of title 54, United States Code."
§101704. Reimbursable agreements
(a)
(1) may record obligations against accounts receivable from those governments; and
(2) shall credit amounts received from those governments to the appropriate account.
(b)
(Pub. L. 113–287, §3, Dec. 19, 2014, 128 Stat. 3137.)
Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
---|---|---|
101704 | 16 U.S.C. 1i. | Pub. L. 108–7, div. F, title I (proviso in last undesignated par. under heading " |
The words "Heretofore and hereafter" and "section 1341 of title 31 or" are omitted as unnecessary
CHAPTER 1019—CONCESSIONS AND COMMERCIAL USE AUTHORIZATIONS
SUBCHAPTER I—AUTHORITY OF SECRETARY
SUBCHAPTER II—COMMERCIAL VISITOR SERVICES
Editorial Notes
Codification
Pub. L. 114–289, title VII, §701, Dec. 16, 2016, 130 Stat. 1492, added subchapter III of this chapter without corresponding amendment of chapter analysis. For analysis of subchapter III, see table of sections set out preceding section 101931 of this title.
SUBCHAPTER I—AUTHORITY OF SECRETARY
§101901. Utility services
To facilitate the administration of the System, the Secretary, under such terms and conditions as the Secretary considers advisable, may furnish, on a reimbursement of appropriation basis, all types of utility services to concessioners, contractors, permittees, or other users of the services, within the System. The reimbursements for cost of the services may be credited to the appropriation current at the time reimbursements are received.
(Pub. L. 113–287, §3, Dec. 19, 2014, 128 Stat. 3137.)
Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
---|---|---|
101901 | 16 U.S.C. 1b (matter before (1)). | Aug. 8, 1953, ch. 384, §1 (matter before (1)), (4), 67 Stat. 495; Pub. L. 91–383, §2(a), Aug. 18, 1970, 84 Stat. 826. |
16 U.S.C. 1b(4). |
The words "and he may use applicable appropriations for the aforesaid system for the following purposes" are omitted as unnecessary.
SUBCHAPTER II—COMMERCIAL VISITOR SERVICES
§101911. Definitions
In this subchapter:
(1)
(2)
(Pub. L. 113–287, §3, Dec. 19, 2014, 128 Stat. 3138.)
Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
---|---|---|
101911(1) | no source. | |
101911(2) | 16 U.S.C. 5952(7)(C). | Pub. L. 105–391, title IV, §403(7)(C), Nov. 13, 1998, 112 Stat. 3506. |
Statutory Notes and Related Subsidiaries
Savings Provision
Pub. L. 105–391, title IV, §419, Nov. 13, 1998, 112 Stat. 3517, provided that:
"(a)
"(b)
Alaska National Interest Lands Conservation Act
Pub. L. 105–391, title IV, §415(c), Nov. 13, 1998, 112 Stat. 3516, provided that: "Nothing in this title [enacting former sections 5951 to 5966 of Title 16, Conservation, which were repealed and restated in sections 101911 et seq. and 101524 of this title, amending former sections 1a–7 and 3 of Title 16, repealing section 17b–1 and subchapter IV of chapter 1 of Title 16, and enacting provisions set out as notes under this section and sections 100101 and 101912 of this title] amends, supersedes, or otherwise affects any provision of the Alaska National Interest Lands Conservation Act (16 U.S.C. 3101 et seq.) relating to revenue-producing visitor services."
§101912. Findings and declaration of policy
(a)
(1) visitation will not unduly impair those resources and values; and
(2) development of public accommodations, facilities, and services within System units can best be limited to locations that are consistent to the highest practicable degree with the preservation and conservation of the resources and values of the System units.
(b)
(1) are necessary and appropriate for public use and enjoyment of the System unit in which they are located; and
(2) are consistent to the highest practicable degree with the preservation and conservation of the resources and values of the System unit.
(Pub. L. 113–287, §3, Dec. 19, 2014, 128 Stat. 3138.)
Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
---|---|---|
101912 | 16 U.S.C. 5951. | Pub. L. 105–391, title IV, §402, Nov. 13, 1998, 112 Stat. 3503. |
In subsection (a), the words "section 100101(a)" are substituted for "sections 1, 2, 3, and 4 of this title, which directs the Secretary to administer units of the National Park System in accordance with the fundamental purpose of conserving their scenery, wildlife, and natural and historic objects, and providing for their enjoyment in a manner that will leave them unimpaired for the enjoyment of future generations" to give a more precise cross reference because section 100101(a) of the new title is where that direction to the Secretary is restated.
Statutory Notes and Related Subsidiaries
Repeal of National Park Service Concessions Policy Act; Savings Provision
Pub. L. 105–391, title IV, §415(a), Nov. 13, 1998, 112 Stat. 3515, provided that: "Public Law 89–249 (commonly known as the National Park Service Concessions Policy Act; 16 U.S.C. 20 et seq.) is repealed. The repeal of such Act shall not affect the validity of any concessions contract or permit entered into under such Act, but the provisions of this title [enacting former sections 5951 to 5966 of Title 16, Conservation, which were repealed and restated in sections 101911 et seq. and 101524 of this title, amending former sections 1a–7 and 3 of Title 16, repealing section 17b–1 and subchapter IV of chapter 1 of Title 16, and enacting provisions set out as notes under this section and sections 100101 and 101911 of this title] shall apply to any such contract or permit except to the extent such provisions are inconsistent with the terms and conditions of any such contract or permit. References in this title to concessions contracts awarded under authority of such Act also apply to concessions permits awarded under such authority."
§101913. Award of concession contracts
In furtherance of the findings and policy stated in section 101912 of this title, and except as provided by this subchapter or otherwise authorized by law, the Secretary shall utilize concession contracts to authorize a person, corporation, or other entity to provide accommodations, facilities, and services to visitors to System units. Concession contracts shall be awarded as follows:
(1)
(2)
(A) shall publicly solicit proposals for the concession contract; and
(B) in connection with the solicitation, shall—
(i) prepare a prospectus and publish notice of its availability at least once in local or national newspapers or trade publications, by electronic means, or both, as appropriate; and
(ii) make the prospectus available on request to all interested persons.
(3)
(A) The minimum requirements for the contract as set forth in paragraph (4).
(B) The terms and conditions of any existing concession contract relating to the services and facilities to be provided, including all fees and other forms of compensation provided to the United States by the concessioner.
(C) Other authorized facilities or services that may be provided in a proposal.
(D) Facilities and services to be provided by the Secretary to the concessioner, including public access, utilities, and buildings.
(E) An estimate of the amount of compensation due an existing concessioner from a new concessioner under the terms of a prior concession contract.
(F) A statement as to the weight to be given to each selection factor identified in the prospectus and the relative importance of those factors in the selection process.
(G) Other information related to the proposed concession operation that is provided to the Secretary pursuant to a concession contract or is otherwise available to the Secretary, as the Secretary determines is necessary to allow for the submission of competitive proposals.
(H) Where applicable, a description of a preferential right to the renewal of the proposed concession contract held by an existing concessioner as set forth in paragraph (7).
(4)
(A)
(i) The minimum acceptable franchise fee or other forms of consideration to the Federal Government.
(ii) Any facilities, services, or capital investment required to be provided by the concessioner.
(iii) Measures necessary to ensure the protection, conservation, and preservation of resources of the System unit.
(B)
(i) the person, corporation, or entity is not qualified or is not likely to provide satisfactory service; or
(ii) the proposal is not responsive to the objectives of protecting and preserving resources of the System unit and of providing necessary and appropriate facilities and services to the public at reasonable rates.
(C)
(D)
(5)
(A)
(i) The responsiveness of the proposal to the objectives of protecting, conserving, and preserving resources of the System unit and of providing necessary and appropriate facilities and services to the public at reasonable rates.
(ii) The experience and related background of the person, corporation, or entity submitting the proposal, including the past performance and expertise of the person, corporation or entity in providing the same or similar facilities or services.
(iii) The financial capability of the person, corporation, or entity submitting the proposal.
(iv) The proposed franchise fee, except that consideration of revenue to the United States shall be subordinate to the objectives of protecting, conserving, and preserving resources of the System unit and of providing necessary and appropriate facilities to the public at reasonable rates.
(B)
(C)
(6)
(A)
(B)
(7)
(A)
(B)
(C)
(8)
(A)
(i) Subject to subparagraph (B), concession contracts that solely authorize the provision of specialized backcountry outdoor recreation guide services that require the employment of specially trained and experienced guides to accompany System unit visitors in the backcountry so as to provide a safe and enjoyable experience for visitors who otherwise may not have the skills and equipment to engage in that activity.
(ii) Subject to subparagraph (C), concession contracts with anticipated annual gross receipts under $500,000.
(B)
(i)
(ii)
(I) the contract with the outfitting and guide concessioner does not grant the concessioner any interest, including any leasehold surrender interest or possessory interest, in capital improvements on land owned by the United States within a System unit, other than a capital improvement constructed by a concessioner pursuant to the terms of a concession contract prior to November 13, 1998, or constructed or owned by a concessioner or the concessioner's predecessor before the subject land was incorporated into the System;
(II) the Secretary determines that the concessioner has operated satisfactorily during the term of the contract (including any extension); and
(III) the concessioner has submitted a responsive proposal for a proposed new concession contract that satisfies the minimum requirements established by the Secretary pursuant to paragraph (4).
(C)
(i) the Secretary has determined that the concessioner has operated satisfactorily during the term of the contract (including any extension); and
(ii) the concessioner has submitted a responsive proposal for a proposed new concession contract that satisfies the minimum requirements established by the Secretary pursuant to paragraph (4).
(9)
(10)
(11)
(A)
(B)
(i) publication in the Federal Register of notice of the Secretary's intention to award the contract and the reasons for the action; and
(ii) submission of notice to the Committee on Energy and Natural Resources of the Senate and the Committee on Natural Resources of the House of Representatives.
(Pub. L. 113–287, §3, Dec. 19, 2014, 128 Stat. 3138; Pub. L. 114–289, title V, §502, Dec. 16, 2016, 130 Stat. 1490.)
Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
---|---|---|
101913 | 16 U.S.C. 5952 (less (7)(C)). | Pub. L. 105–391, title IV, §403 (less (7)(C)), Nov. 13, 1998, 112 Stat. 3504. |
In paragraph (1), the words "entities seeking award of a concession contract" are substituted for "concessions contracts" for clarity.
In paragraph (2)(B)(i), the words "by electronic means" are substituted for "the Commerce Business Daily" to eliminate obsolete words. Federal Business Opportunities is the designated single point of universal electronic public access for publication of all procurement information and notices previously published in the Commerce Business Daily. See 66 Fed. Reg. 27407, May 16, 2001, 68 Fed. Reg. 56678, October 1, 2003, 48 CFR ch. 1, subch. B, part 5, and the special notice posted in CBDNet on December 28, 2001, and printed on January 2, 2002.
In paragraph (5)(C), the words "concession contract" are substituted for "concession, contracts" to correct an error in the source provision.
In paragraph (8)(B)(ii)(III), the word "concession" is added for consistency in this subchapter.
Editorial Notes
Amendments
2016—Par. (9). Pub. L. 114–289 amended par. (9) generally. Prior to amendment, text read as follows: "The Secretary shall not grant a preferential right to a concessioner to provide new or additional services in a System unit."
1 So in original. Probably should be "
§101914. Term of concession contracts
A concession contract entered into pursuant to this subchapter shall generally be awarded for a term of 10 years or less. The Secretary may award a contract for a term of up to 20 years if the Secretary determines that the contract terms and conditions, including the required construction of capital improvements, warrant a longer term.
(Pub. L. 113–287, §3, Dec. 19, 2014, 128 Stat. 3142.)
Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
---|---|---|
101914 | 16 U.S.C. 5953. | Pub. L. 105–391, title IV, §404, Nov. 13, 1998, 112 Stat. 3508; Pub. L. 106–176, title III, §311, Mar. 10, 2000, 114 Stat. 34. |
§101915. Protection of concessioner investment
(a)
(1)
(2)
(A) the "Consumer Price Index—All Urban Consumers" published by the Bureau of Labor Statistics of the Department of Labor; or
(B) if the Index is not published, another regularly published cost-of-living index approximating the Consumer Price Index.
(b)
(1)
(2)
(3)
(4)
(5)
(6)
(A)
(i) a reduction on an annual basis, in equal portions, over the same number of years as the time period associated with the straight line depreciation of the initial value (construction cost of the capital improvement), as provided by applicable Federal income tax laws and regulations in effect on November 12, 1998; or
(ii) an alternative formula that is consistent with the objectives of this subchapter.
(B)
(7)
(c)
(1)
(2)
(3)
(4)
(d)
(e)
(Pub. L. 113–287, §3, Dec. 19, 2014, 128 Stat. 3143.)
Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
---|---|---|
101915(a) | 16 U.S.C. 5954(e). | Pub. L. 105–391, title IV, §405(a) through (e), Nov. 13, 1998, 112 Stat. 3508. |
101915(b) | 16 U.S.C. 5954(a). | |
101915(c)(1) through (3) | 16 U.S.C. 5954(b). | |
101915(c)(4) | 16 U.S.C. 5954 note. | Pub. L. 110–161, div. F, title I (1st paragraph under heading " |
101915(d), (e) | 16 U.S.C. 5954(c), (d). |
In subsection (b), before paragraph (1), the words "On and after November 13, 1998" are omitted as obsolete. In paragraph (6)(A), the words "Effective 9 years after November 13, 1998" are omitted as obsolete.
In subsection (c)(4), the words "For fiscal years 2008 and hereafter" are omitted as obsolete.
Editorial Notes
References in Text
The Act of October 9, 1965, known as the National Park Service Concessions Policy Act, referred to in subsec. (c)(1), is Pub. L. 89–249, Oct. 9, 1965, 79 Stat. 969, which enacted subchapter IV (§20 et seq.) of chapter 1 of Title 16, Conservation, and amended section 462 of Title 16, prior to being repealed by Pub. L. 105–391, title IV, §415(a), Nov. 13, 1998, 112 Stat. 3515.
§101916. Reasonableness of rates and charges
(a)
(b)
(1)
(A) Length of season.
(B) Peakloads.
(C) Average percentage of occupancy.
(D) Accessibility.
(E) Availability and costs of labor and materials.
(F) Type of patronage.
(2)
(c)
(Pub. L. 113–287, §3, Dec. 19, 2014, 128 Stat. 3145.)
Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
---|---|---|
101916 | 16 U.S.C. 5955. | Pub. L. 105–391, title IV, §406, Nov. 13, 1998, 112 Stat. 3510. |
§101917. Franchise fees
(a)
(b)
(c)
(1)
(2)
(3)
(Pub. L. 113–287, §3, Dec. 19, 2014, 128 Stat. 3146; Pub. L. 118–42, div. E, title I, §121, Mar. 9, 2024, 138 Stat. 249.)
Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
---|---|---|
101917 | 16 U.S.C. 5956. | Pub. L. 105–391, title IV, §407, Nov. 13, 1998, 112 Stat. 3511. |
Editorial Notes
Amendments
2024—Subsec. (c)(3). Pub. L. 118–42 added par. (3).
§101918. Transfer or conveyance of concession contracts or leasehold surrender interests
(a)
(b)
(1) the individual, corporation, or other entity seeking to acquire a concession contract is not qualified or able to satisfy the terms and conditions of the concession contract;
(2) the transfer or conveyance would have an adverse impact on—
(A) the protection, conservation, or preservation of the resources of the System unit; or
(B) the provision of necessary and appropriate facilities and services to visitors at reasonable rates and charges; and
(3) the terms of the transfer or conveyance are likely, directly or indirectly, to—
(A) reduce the concessioner's opportunity for a reasonable profit over the remaining term of the concession contract;
(B) adversely affect the quality of facilities and services provided by the concessioner; or
(C) result in a need for increased rates and charges to the public to maintain the quality of the facilities and services.
(c)
(Pub. L. 113–287, §3, Dec. 19, 2014, 128 Stat. 3147.)
Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
---|---|---|
101918 | 16 U.S.C. 5957. | Pub. L. 105–391, title IV, §408, Nov. 13, 1998, 112 Stat. 3512. |
In subsection (b)(1), the word "other" is added for consistency in the subchapter. See section 101926 of the revised title.
§101919. National Park Service Concessions Management Advisory Board
(a)
(b)
(1)
(A) Policies and procedures intended to ensure that services and facilities provided by concessioners—
(i) are necessary and appropriate;
(ii) meet acceptable standards at reasonable rates with a minimum of impact on System unit resources and values; and
(iii) provide the concessioners with a reasonable opportunity to make a profit.
(B) Ways to make Service concession programs and procedures more cost effective, more process efficient, less burdensome, and timelier.
(2)
(A) The Service contracting with the private sector to conduct appropriate elements of concession management.
(B) Ways to make the review or approval of concessioner rates and charges to the public more efficient, less burdensome, and timelier.
(C) The nature and scope of products that qualify as Indian, Alaska Native, and Native Hawaiian handicrafts within the meaning of this subchapter.
(D) The allocation of concession fees.
(3)
(c)
(1) one member shall be privately employed in the hospitality industry and have both broad knowledge of hotel or food service management and experience in the parks and recreation concession business;
(2) one member shall be privately employed in the tourism industry;
(3) one member shall be privately employed in the accounting industry;
(4) one member shall be privately employed in the outfitting and guide industry;
(5) one member shall be a State government employee with expertise in park concession management;
(6) one member shall be active in promotion of traditional arts and crafts; and
(7) one member shall be active in a nonprofit conservation organization involved in parks and recreation programs.
(d)
(e)
(Pub. L. 113–287, §3, Dec. 19, 2014, 128 Stat. 3147; Pub. L. 117–286, §4(a)(329), Dec. 27, 2022, 136 Stat. 4342.)
Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
---|---|---|
101919(a) through (c) | 16 U.S.C. 5958(a) through (c). | Pub. L. 105–391, title IV, §409, Nov. 13, 1998, 112 Stat. 3512; Pub. L. 111–11, subtitle VII, subtitle E, §7403, 123 Stat. 1219. |
101919(d) | 16 U.S.C. 5958(e). | |
101919(e) | 16 U.S.C. 5958(d). |
In subsection (b)(2), the text of 16 U.S.C. 5958(b)(2) (last sentence) is omitted as obsolete.
In subsection (b)(3), the words "commencing with the first anniversary of its initial meeting" are omitted as obsolete.
In subsection (d), the word "deemed" is substituted for "considered as" for consistency in this title and with other titles of the United States Code.
Editorial Notes
Amendments
2022—Subsec. (e). Pub. L. 117–286 substituted "chapter 10 of title 5." for "the Federal Advisory Committee Act (5 U.S.C. App.)."
§101920. Contracting for services
(a)
(1)
(A) Health and safety inspections.
(B) Quality control of concession operations and facilities.
(C) Strategic capital planning for concession facilities.
(D) Analysis of rates and charges to the public.
(2)
(A) Preparation of the financial aspects of prospectuses for Service concession contracts.
(B) Development of guidelines for a System capital improvement and maintenance program for all concession occupied facilities.
(C) Making recommendations to the Director regarding the conduct of annual audits of concession fee expenditures.
(b)
(c)
(Pub. L. 113–287, §3, Dec. 19, 2014, 128 Stat. 3149.)
Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
---|---|---|
101920 | 16 U.S.C. 5959. | Pub. L. 105–391, title IV, §410, Nov. 13, 1998, 112 Stat. 3514. |
§101921. Multiple contracts within a System unit
If multiple concession contracts are awarded to authorize concessioners to provide the same or similar outfitting, guiding, river running, or other similar services at the same approximate location or resource within a System unit, the Secretary shall establish a comparable franchise fee structure for those contracts or similar contracts, except that the terms and conditions of any existing concession contract shall not be subject to modification or open to renegotiation by the Secretary because of an award of a new contract at the same approximate location or resource.
(Pub. L. 113–287, §3, Dec. 19, 2014, 128 Stat. 3149.)
Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
---|---|---|
101921 | 16 U.S.C. 5960. | Pub. L. 105–391, title IV, §411, Nov. 13, 1998, 112 Stat. 3514. |
§101922. Use of nonmonetary consideration in concession contracts
Section 1302 of title 40 shall not apply to concession contracts awarded by the Secretary pursuant to this subchapter.
(Pub. L. 113–287, §3, Dec. 19, 2014, 128 Stat. 3150.)
Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
---|---|---|
101922 | 16 U.S.C. 5962. | Pub. L. 105–391, title IV, §413, Nov. 13, 1998, 112 Stat. 3515. |
The words relating to the leasing of buildings and properties of the United States" are omitted as unnecessary.
§101923. Recordkeeping requirements
(a)
(b)
(Pub. L. 113–287, §3, Dec. 19, 2014, 128 Stat. 3150.)
Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
---|---|---|
101923 | 16 U.S.C. 5963. | Pub. L. 105–391, title IV, §414, Nov. 13, 1998, 112 Stat. 3515. |
In this section, the word "duly" is omitted as unnecessary.
In subsection (a), the words "and any subconcessioner" and "or subconcessioner" are added for clarity. See 36 CFR 51.98. The word "records" is substituted for "books, documents, and papers" for consistency in the revised title and with other titles of the United States Code.
In subsection (b), the words "books, papers, documents" are omitted as included in "records". The words "described in subsection (a)" are added for clarity.
§101924. Promotion of sale of Indian, Alaska Native, Native Samoan, and Native Hawaiian handicrafts
(a)
(b)
(Pub. L. 113–287, §3, Dec. 19, 2014, 128 Stat. 3150.)
Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
---|---|---|
101924 | 16 U.S.C. 5964. | Pub. L. 105–391, title IV, §416, Nov. 13, 1998, 112 Stat. 3516. |
§101925. Commercial use authorizations
(a)
(b)
(1)
(A) will have minimal impact on resources and values of a System unit; and
(B) are consistent with the purpose for which the System unit was established and with all applicable management plans and Service policies and regulations.
(2)
(A) require payment of a reasonable fee for issuance of a commercial use authorization, the fees to remain available without further appropriation to be used, at a minimum, to recover associated management and administrative costs;
(B) require that the provision of services under a commercial use authorization be accomplished in a manner consistent to the highest practicable degree with the preservation and conservation of System unit resources and values;
(C) take appropriate steps to limit the liability of the United States arising from the provision of services under a commercial use authorization;
(D) have no authority under this section to issue more commercial use authorizations than are consistent with the preservation and proper management of System unit resources and values; and
(E) shall establish other conditions for issuance of a commercial use authorization that the Secretary determines to be appropriate for the protection of visitors, provision of adequate and appropriate visitor services, and protection and proper management of System unit resources and values.
(c)
(1) commercial operations with annual gross receipts of not more than $25,000 resulting from services originating and provided solely within a System unit pursuant to the commercial use authorization;
(2) the incidental use of resources of the System unit by commercial operations that provide services originating and terminating outside the boundaries of the System unit; or
(3)(A) uses by organized children's camps, outdoor clubs, and nonprofit institutions (including back country use); and
(B) other uses, as the Secretary determines to be appropriate.
(d)
(e)
(f)
(g)
(Pub. L. 113–287, §3, Dec. 19, 2014, 128 Stat. 3150.)
Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
---|---|---|
101925 | 16 U.S.C. 5966. | Pub. L. 105–391, title IV, §418, Nov. 13, 1998, 112 Stat. 3516. |
§101926. Regulations
(a)
(b)
(1) shall include appropriate provisions to ensure that concession services and facilities to be provided in a System unit are not segmented or otherwise split into separate concession contracts for the purposes of seeking to reduce anticipated annual gross receipts of a concession contract below $500,000; and
(2) shall further define the term "United States Indian, Alaskan Native, and Native Hawaiian handicrafts" for the purposes of this subchapter.
(Pub. L. 113–287, §3, Dec. 19, 2014, 128 Stat. 3151.)
Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
---|---|---|
101926 | 16 U.S.C. 5965. | Pub. L. 105–391, title IV, §417, Nov. 13, 1998, 112 Stat. 3516. |
The words "As soon as practicable after the effective date of this subchapter" are omitted as obsolete.
SUBCHAPTER III—COMMERCIAL SERVICES AUTHORIZATION
Editorial Notes
Codification
The table of sections for subchapter III is set out preceding section 101931 as enacted by Pub. L. 114–289, and not as part of the chapter analysis preceding section 101901.
§101931. Contract authority
(a)
(b)
(c)
(1)
(2)
(A) for the provision of outfitter and guide services described in section 101913(8); or
(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.
(Added Pub. L. 114–289, title VII, §701, Dec. 16, 2016, 130 Stat. 1492.)
Editorial Notes
References in Text
The Alaska National Interest Lands Conservation Act, referred to in subsec. (b), is Pub. L. 96–487, Dec. 2, 1980, 94 Stat. 2371. For complete classification of this Act to the Code, see Short Title note set out under section 3101 of Title 16, Conservation, and Tables.
§101932. Award of commercial services contracts
(a)
(b)
(Added Pub. L. 114–289, title VII, §701, Dec. 16, 2016, 130 Stat. 1493.)
§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.
(Added Pub. L. 114–289, title VII, §701, Dec. 16, 2016, 130 Stat. 1493.)
§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.
(Added Pub. L. 114–289, title VII, §701, Dec. 16, 2016, 130 Stat. 1493.)
§101935. Financial management
(a)
(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)
(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)
(Added Pub. L. 114–289, title VII, §701, Dec. 16, 2016, 130 Stat. 1493.)
§101936. Regulations
As soon as practicable after the effective date of this subchapter, the Secretary shall promulgate regulations appropriate for its implementation.
(Added Pub. L. 114–289, title VII, §701, Dec. 16, 2016, 130 Stat. 1493.)
Editorial Notes
References in Text
The effective date of this subchapter, referred to in text, probably means the date of enactment of Pub. L. 114–289, which enacted this subchapter and was approved Dec. 16, 2016.
§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 Improvement Act of 1998 (title IV of Public Law 105–391) including the use of leaseholder surrender interest.
(Added Pub. L. 114–289, title VII, §701, Dec. 16, 2016, 130 Stat. 1493.)
Editorial Notes
References in Text
The National Park Service Concessions Management Improvement Act of 1998, referred to in text, is title IV of Pub. L. 105–391, Nov. 13, 1998, 112 Stat. 3503. For complete classification of this Act to the Code, see Short Title of 1998 Act note set out under section 100101 of this title and Tables.
§101938. Sunset
The authority given to the Secretary under this subchapter shall expire 9 years after the date of the enactment of this subchapter.
(Added Pub. L. 114–289, title VII, §701, Dec. 16, 2016, 130 Stat. 1494; amended Pub. L. 117–328, div. G, title I, §123, Dec. 29, 2022, 136 Stat. 4789.)
Editorial Notes
References in Text
The date of the enactment of this subchapter, referred to in text, is the date of enactment of Pub. L. 114–289, which was approved Dec. 16, 2016.
Amendments
2022—Pub. L. 117–328 substituted "9" for "7".
CHAPTER 1021—PRIVILEGES AND LEASES
§102101. General provisions
(a)
(1)
(2)
(b)
(c)
(Pub. L. 113–287, §3, Dec. 19, 2014, 128 Stat. 3152.)
Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
---|---|---|
102101 | 16 U.S.C. 3 (last sentence). | Aug. 25, 1916, ch. 408, §3 (last sentence), 39 Stat. 535; Mar. 7, 1928, ch. 137, §1 (matter relating to section 3 of the Act of August 25, 1916, in 12th undesignated par. under heading " |
In subsection (a)(1), the word "rented" is omitted as included in "leases".
In subsections (b) and (c), the word "permit" is omitted for consistency because a permit is not mentioned earlier in the source provision.
In subsection (c), the word "lessee" is substituted for "permittees" for consistency in the section.
§102102. Authority of Secretary to enter into lease for buildings and associated property
(a)
(b)
(c)
(1) shall be used for an activity that is consistent with the purposes established by law for the System unit in which the building is located;
(2) shall not result in degradation of the purposes and values of the System unit; and
(3) shall be compatible with Service programs.
(d)
(1)
(A) payment of fair market value rental shall be required; and
(B) section 1302 of title 40 shall not apply.
(2)
(e)
(1)
(2)
(A) facility refurbishment;
(B) repair and replacement;
(C) infrastructure projects associated with System unit resource protection; and
(D) direct maintenance of the leased buildings and associated property.
(3)
(f)
(Pub. L. 113–287, §3, Dec. 19, 2014, 128 Stat. 3152.)
Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
---|---|---|
102102(a) | 16 U.S.C. 1a–2 (matter before (a)). | Pub. L. 91–383, §3 (matter before (a)), Aug. 18, 1970, 84 Stat. 826. |
16 U.S.C. 1a–2(k)(1). | Pub. L. 91–383, §3(k), as added Pub. L. 105–391, title VIII, §802(a), Nov. 13, 1998, 112 Stat. 3522. | |
102102(b) through (d) | 16 U.S.C. 1a–2(k)(2) through (4)(B). | |
102102(e) | 16 U.S.C. 1a–2(k)(5). | |
102102(f) | 16 U.S.C. 1a–2(k)(4)(C). |
CHAPTER 1023—PROGRAMS AND ORGANIZATIONS
§102301. Volunteers in parks program
(a)
(b)
(c)
(1)
(2)
(3)
(4)
(d)
(Pub. L. 113–287, §3, Dec. 19, 2014, 128 Stat. 3153; Pub. L. 113–235, div. F, title I, §118, Dec. 16, 2014, 128 Stat. 2421; Pub. L. 114–113, div. G, title I, §114, Dec. 18, 2015, 129 Stat. 2550; Pub. L. 114–289, title III, §303, Dec. 16, 2016, 130 Stat. 1487.)
Amendment Not Shown in Text
Subsection (d) of this section was derived from section 18j of Title 16, Conservation, which was amended by Pub. L. 113–235, div. F, title I, §118, Dec. 16, 2014, 128 Stat. 2421. For applicability of that amendment to this section, see section 6(b) of Pub. L. 113–287, set out as a Transitional and Savings Provisions note preceding section 100101 of this title. Former section 18j of Title 16 was amended by striking "$3,500,000" and inserting "$5,000,000".
Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
---|---|---|
102301(a) | 16 U.S.C. 18g. | Pub. L. 91–357, §1, July 29, 1970, 84 Stat. 472; Pub. L. 98–540, §1(b), Oct. 24, 1984, 98 Stat. 2718. |
102301(b) | 16 U.S.C. 18h. | Pub. L. 91–357, §2, July 29, 1970, 84 Stat. 472. |
102301(c) | 16 U.S.C. 18i. | 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. |
102301(d) | 16 U.S.C. 18j. | Pub. L. 91–357, §4, July 29, 1970, 84 Stat. 472; Pub. L. 94–128, Nov. 13, 1975, 89 Stat. 682; Pub. L. 98–540, §1(a), Oct. 24, 1984, 98 Stat. 2718; Pub. L. 104–333, div. I, title VIII, §805, Nov. 12, 1996, 110 Stat. 4188. |
In subsection (a), the words "chapter 51 and subchapter III of title 5" are substituted for "the civil service classification laws" for clarity and for consistency with other titles of the United States Code. The words "System units and related areas" are substituted for "areas administered by the Secretary through the National Park Service" for clarity and for consistency in the new title.
In subsection (b), the words "of volunteers" are added for clarity.
In subsection (c)(3), the words "relating to compensation to Federal employees for work injuries" are omitted as unnecessary.
In subsection (d), the words "such sums as may be necessary" are omitted as unnecessary.
Editorial Notes
Amendments
2016—Subsec. (d). Pub. L. 114–289 substituted "not more than $9,000,000" for "not more than $7,000,000". See Amendment Subject to Availability of Appropriations note below.
2015—Subsec. (d). Pub. L. 114–113 substituted "$7,000,000" for "$3,500,000".
Statutory Notes and Related Subsidiaries
Amendment Subject to Availability of Appropriations
Pub. L. 114–289, title III, §303, Dec. 16, 2016, 130 Stat. 1487, provided that the amendment of this section by section 303 is subject to the availability of appropriations.
§102302. National Capital region arts and cultural affairs
(a)
(b)
(1)
(A) that are of demonstrated national significance; and
(B) that meet at least 2 of the criteria stated in paragraph (2).
(2)
(A) The organization has an annual operating budget in excess of $1,000,000.
(B) The organization has an annual audience or visitation of at least 200,000 people.
(C) The organization has a paid staff of at least 100 individuals.
(D) The organization is eligible under section 320102(f) of this title.
(3)
(c)
(d)
(1) establish an application process;
(2) appoint a review panel of 5 qualified individuals, at least a majority of whom reside in the National Capital region; and
(3) develop other program guidelines and definitions as required.
(e)
(Pub. L. 113–287, §3, Dec. 19, 2014, 128 Stat. 3154.)
Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
---|---|---|
102302 | 16 U.S.C. 1e. | 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. 10330.) |
1 So in original. Probably should be "
§102303. National Park System Advisory Board
(a)
(b)
(c)
(1)
(2)
(3)
(4)
(5)
(d)
(1)
(2)
(3)
(A) hold such hearings and sit and act at such times;
(B) take such testimony;
(C) have such printing and binding done;
(D) enter into such contracts and other arrangements;
(E) make such expenditures; and
(F) take such other actions
as the Board may consider advisable.
(4)
(5)
(6)
(e)
(f)
(g)
(1)
(2)
(h)
(i)
(Pub. L. 113–287, §3, Dec. 19, 2014, 128 Stat. 3155; Pub. L. 117–286, §4(a)(330), Dec. 27, 2022, 136 Stat. 4342.)
Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
---|---|---|
102303(a) | no source. | |
102303(b) | 16 U.S.C. 463(a) (1st, 2d sentences). | Aug. 21, 1935, ch. 593, §3(a) through (f), 49 Stat. 667; Pub. L. 91–383, §9, Aug. 18, 1970, as added Pub. L. 94–458, §2, Oct. 7, 1976, 90 Stat. 1940; amended Pub. L. 95–625, title VI, §604(2), Nov. 10, 1978, 92 Stat. 3518; Pub. L. 101–628, title XII, §1211, Nov. 28, 1990, 104 Stat. 4507; Pub. L. 104–333, div. I, title VIII, §814(f)(1), Nov. 12, 1996, 110 Stat. 4197; Pub. L. 109–156, §5, Dec. 30, 2005, 119 Stat. 2948; Pub. L. 110–161, div. F, title I, Dec. 26, 2007, 121 Stat. 2107; Pub. L. 111–8, div. E, title I, (last par. under heading " |
102303(c)(1), (2) | 16 U.S.C. 463(a) (3d through 9th sentences). | |
102303(c)(3) | 16 U.S.C. 463(a) (10th sentence). | |
102303(c)(4) | 16 U.S.C. 463(a) (11th sentence). | |
102303(c)(5) | 16 U.S.C. 463(a) (13th, 14th sentences). | |
102303(d)(1) | 16 U.S.C. 463(a) (12th sentence). | |
102303(d)(2) | 16 U.S.C. 463(a) (15th through last sentences). | |
102303(d)(3) through (5) | 16 U.S.C. 463(c). | |
102303(d)(6) | 16 U.S.C. 463(e)(3). | |
102303(e) | 16 U.S.C. 463(b)(1). | |
102303(f) | 16 U.S.C. 463(b)(2). | |
102303(g) | 16 U.S.C. 463(e)(1), (2). | |
102303(h) | 16 U.S.C. 463(d), (f) (last sentence). | |
102303(i) | 16 U.S.C. 463(f) (1st sentence). |
In subsection (c)(2), the words "natural or cultural" are substituted for "national or cultural" to correct an error in the source provision.
Editorial Notes
Amendments
2022—Subsec. (h). Pub. L. 117–286 substituted "Chapter 10 of Title 5" for "Federal Advisory Committee Act" in heading and "Chapter 10 of title 5, with the exception of section 1013(b)," for "The Federal Advisory Committee Act (5 U.S.C. App.), with the exception of section 14(b)," in text.
Statutory Notes and Related Subsidiaries
Authorization of Appropriations
Pub. L. 104–333, div. I, title VIII, §814(f)(2), Nov. 12, 1996, 110 Stat. 4199, provided that: "There are authorized to be appropriated to the National Park System Advisory Board $200,000 per year to carry out the provisions of section 3 of the Act of August 21, 1935 (49 Stat. 667; 16 U.S.C. 463) [see 54 U.S.C. 102303, 102304]."
[Pub. L. 104–333, div. I, title VIII, §814(f)(3), Nov. 12, 1996, 110 Stat. 4199, provided that: "This subsection [amending former section 463 of Title 16, Conservation, and enacting provisions set out as a note above] shall take effect on December 7, 1997."]
New York City National Shrines Advisory Board
Act Aug. 11, 1955, ch. 779, §§1, 2, 69 Stat. 632, as amended by Pub. L. 85–658, Aug. 14, 1958, 72 Stat. 613, provided for the appointment of an advisory board, to be known as the New York City National Shrines Advisory Board, to render advice to the Secretary of the Interior and to further public participation in the rehabilitation, development and the preservation of those historic properties in the New York City area that are of great national significance, identified as the Federal Hall National Memorial, Castle Clinton National Monument, and the Statue of Liberty National Monument, to conduct a study of these historic properties, and to submit recommendations concerning their preservation and administration to the Secretary of the Interior, such report and recommendations of the Board to be transmitted to the Congress by the Secretary of the Interior, together with his recommendations thereon, within one year following the date of the establishment of the Board, and with the Board to cease to exist when the Secretary of the Interior found that its purposes had been accomplished. The Secretary of the Interior was authorized to accept donations of funds for rehabilitation, development and preservation of the historic properties including any made upon condition that such funds are to be expended only if Federal funds in an amount equal to the donated funds are appropriated for such purposes.
§102304. National Park Service Advisory Council
(a)
(1)
(2)
(b)
(c)
(1)
(2)
(d)
(Pub. L. 113–287, §3, Dec. 19, 2014, 128 Stat. 3157.)
Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
---|---|---|
102304(a)(1) | no source. | |
102304(a)(2), (b) | 16 U.S.C. 463(g) (1st sentence). | Aug. 21, 1935, ch. 593, §3(g), as added Pub. L. 101–628, title XII, §1212, Nov. 28, 1990, 104 Stat. 4507; Pub. L. 104–333, div. I, title VIII, §814(f)(1)(B), Nov. 12, 1996, 110 Stat. 4198. |
102304(c)(1) | 16 U.S.C. 463(g) (2d, 3d, 6th, last sentences). | |
102304(c)(2) | 16 U.S.C. 463(g) (5th sentence). | |
102304(d) | 16 U.S.C. 463(g) (4th sentence). |
In subsection (c)(1), the text of 16 U.S.C. 463(g) (6th and last sentences) is omitted as obsolete.
CHAPTER 1025—MUSEUMS
§102501. Purpose
The purpose of this chapter is to increase the public benefits from museums established within System units as a means of informing the public concerning the areas and preserving valuable objects and relics relating to the areas.
(Pub. L. 113–287, §3, Dec. 19, 2014, 128 Stat. 3157.)
Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
---|---|---|
102501 | 16 U.S.C. 18f (1st sentence). | July 1, 1955, ch. 259, §1 (1st sentence), 69 Stat. 242. |
Statutory Notes and Related Subsidiaries
Disposal of Unnecessary or Duplicate Museum Objects; Use of Proceeds
Pub. L. 101–512, title I, §116, Nov. 5, 1990, 104 Stat. 1937, provided that: "In fiscal year 1991 and thereafter, the Secretary may exercise the authorities granted in the Act of July 1, 1955 (16 U.S.C. 18f) [see 54 U.S.C. 102501, 102503(a)–(f)] 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."
§102502. Definition of museum object
In this chapter:
(1)
(A) typically is movable; and
(B) is eligible to be, or is made part of, a museum, library, or archive collection through a formal procedure, such as accessioning.
(2)
(Pub. L. 113–287, §3, Dec. 19, 2014, 128 Stat. 3157.)
Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
---|---|---|
102502 | 16 U.S.C. 18f–3(b). | July 1, 1955, ch. 259, §3(b), as added Pub. L. 104–333, div. I, title VIII, §804(b), Nov. 12, 1996, 110 Stat. 4188. |
The words "museum collections" are omitted as unnecessary.
§102503. Authority of Secretary
(a)
(b)
(c)
(d)
(e)
(f)
(g)
(h)
(i)
(Pub. L. 113–287, §3, Dec. 19, 2014, 128 Stat. 3158.)
Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
---|---|---|
102503(a) through (f) | 16 U.S.C. 18f (less 1st sentence). | July 1, 1955, ch. 259, §1 (less 1st sentence), 69 Stat. 242; Pub. L. 104–333, div. I, title VIII, §804(a)(1), Nov. 12, 1996, 110 Stat. 4187. |
102503(g) through (i) | 16 U.S.C. 18f–2(a). | July 1, 1955, ch. 259, §2(a), as added Pub. L. 104–333, div. I, title VIII, §804(a)(2), Nov. 12, 1996, 110 Stat. 4187. |
§102504. Review and approval
The Secretary shall ensure that museum objects are treated in a careful and deliberate manner that protects the public interest. Prior to taking any action under subsection (g), (h), or (i) of section 102503 of this title, the Secretary shall establish a systematic review and approval process, including consultation with appropriate experts, that meets the highest standards of the museum profession for all actions taken under those subsections.
(Pub. L. 113–287, §3, Dec. 19, 2014, 128 Stat. 3159.)
Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
---|---|---|
102504 | 16 U.S.C. 18f–2(b). | July 1, 1955, ch. 259, §(2)(b), as added Pub. L. 104–333, div. I, title VIII, §804(a)(2), Nov. 12, 1996, 110 Stat. 4188. |
CHAPTER 1027—LAW ENFORCEMENT AND EMERGENCY ASSISTANCE
SUBCHAPTER I—LAW ENFORCEMENT
SUBCHAPTER II—EMERGENCY ASSISTANCE
SUBCHAPTER I—LAW ENFORCEMENT
§102701. Law enforcement personnel within System
(a)
(1)
(2)
(A) carry firearms;
(B) make arrests without warrant for any offense against the United States committed in the presence of the officer or employee, or for any felony cognizable under the laws of the United States if the officer or employee has reasonable grounds to believe that the individual to be arrested has committed or is committing the felony, provided the arrests occur within the System or the individual to be arrested is fleeing from the System to avoid arrest;
(C) execute any warrant or other process issued by a court or officer of competent jurisdiction for the enforcement of the provisions of any Federal law or regulation issued pursuant to law arising out of an offense committed in the System or, where the individual subject to the warrant or process is in the System, in connection with any Federal offense; and
(D) conduct investigations of offenses against the United States committed in the System in the absence of investigation of the offenses by any other Federal law enforcement agency having investigative jurisdiction over the offense committed or with the concurrence of the other agency.
(b)
(1)
(A) act as special police officers in System units when supplemental law enforcement personnel may be needed; and
(B) exercise the powers and authority provided by subparagraphs (A) to (D) of subsection (a)(2).
(2)
(A) cooperate, within the System, with any State or political subdivision of a State in the enforcement of supervision of the laws or ordinances of that State or subdivision;
(B) mutually waive, in any agreement pursuant to subparagraph (A) and paragraph (1) or pursuant to subparagraphs (A) and (B) of subsection (a)(2) with any State or political subdivision of a State where State law requires the waiver and indemnification, all civil claims against all the other parties to the agreement and, subject to available appropriations, indemnify and save harmless the other parties to the agreement from all claims by third parties for property damage or personal injury, that may arise out of the parties' activities outside their respective jurisdictions under the agreement; and
(C) provide limited reimbursement, to a State or political subdivisions of a State, in accordance with such regulations as the Secretary may prescribe, where the State has ceded concurrent legislative jurisdiction over the affected area of the System, for expenditures incurred in connection with its activities within the System that were rendered pursuant to paragraph (1).
(3)
(4)
(A)
(B)
(i) a Federal employee for purposes of sections 1346(b) and 2401(b) and chapter 171 of title 28; and
(ii) a civil service employee of the United States within the meaning of the term "employee" as defined in section 8101 of title 5, for purposes of subchapter I of chapter 81 of title 5, relating to compensation to Federal employees for work injuries, and the provisions of subchapter I of chapter 81 of title 5 shall apply.
(c)
(Pub. L. 113–287, §3, Dec. 19, 2014, 128 Stat. 3159.)
Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
---|---|---|
102701 | 16 U.S.C. 1a–6. | Pub. L. 91–383, §10, as added Pub. L. 94–458, §2, Oct. 7, 1976, 90 Stat. 1941; Pub. L. 106–437, §2, Nov. 6, 2000, 114 Stat. 1920; Pub. L. 108–352, §11, Oct. 21, 2004, 118 Stat. 1397. |
In subsection (a)(1), the words "In addition to any other authority conferred by law" are omitted as unnecessary.
§102702. Crime prevention assistance
(a)
(1) compile a list of System units with the highest rates of violent crime;
(2) make recommendations concerning capital improvements, and other measures, needed within the System to reduce the rates of violent crime, including the rate of sexual assault; and
(3) publish the information required by paragraphs (1) and (2) in the Federal Register.
(b)
(c)
(1) to increase lighting within or adjacent to System units;
(2) to provide emergency phone lines to contact law enforcement or security personnel in areas within or adjacent to System units;
(3) to increase security or law enforcement personnel within or adjacent to System units; or
(4) for any other project intended to increase the security and safety of System units.
(d)
(Pub. L. 113–287, §3, Dec. 19, 2014, 128 Stat. 3161.)
Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
---|---|---|
102702 | 16 U.S.C. 1a–7a. | Pub. L. 91–383, §13, as added Pub. L. 103–322, title IV, §40132, Sept. 13, 1994, 108 Stat. 1917. |
SUBCHAPTER II—EMERGENCY ASSISTANCE
§102711. Authority of Secretary to use applicable appropriations for the System to render assistance to nearby law enforcement and fire prevention agencies and for related activities outside the System
To facilitate the administration of the System, the Secretary may use applicable appropriations for the System to render emergency rescue, firefighting, and cooperative assistance to nearby law enforcement and fire prevention agencies and for related purposes outside the System.
(Pub. L. 113–287, §3, Dec. 19, 2014, 128 Stat. 3162.)
Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
---|---|---|
102711 | 16 U.S.C. 1b (matter before (1)), (1). | Aug. 8, 1953, ch. 384, §1 (matter before (1)), (1), 67 Stat. 495; Pub. L. 91–383, §2(a), Aug. 18, 1970, 84 Stat. 826. |
The words "and he may use applicable appropriations for the aforesaid system for the following purposes" are retained because the appropriation is to be used for something outside the System.
§102712. Aid to visitors, grantees, permittees, or licensees in emergencies
(a)
(b)
(Pub. L. 113–287, §3, Dec. 19, 2014, 128 Stat. 3162.)
Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
---|---|---|
102712(a) | 16 U.S.C. 12. | July 3, 1926, ch. 792, §1, 44 Stat. 900. |
102712(b) | 16 U.S.C. 17c. | May 26, 1930, ch. 324, §4, 46 Stat. 382. |
Statutory Notes and Related Subsidiaries
Fees for Medical Services
Pub. L. 116–260, div. G, title I, §118, Dec. 27, 2020, 134 Stat. 1506, provided that: "Beginning in fiscal year 2022 and for each fiscal year thereafter, fees collected pursuant to section 2404 of Public Law 116–9 [see note below] shall be deposited into the National Park Medical Services Fund established pursuant to such section of such Act as discretionary offsetting receipts."
Pub. L. 116–9, title II, §2404, Mar. 12, 2019, 133 Stat. 747, provided that:
"(a)
"(b)
"(1) donations to the Fund; and
"(2) fees collected under subsection (a).
"(c)
"(1) Services listed in subsection (a).
"(2) Preparing needs assessments or other programmatic analyses for medical facilities, equipment, vehicles, and other needs and costs of providing services listed in subsection (a).
"(3) Developing management plans for medical facilities, equipment, vehicles, and other needs and costs of services listed in subsection (a).
"(4) Training related to providing services listed in subsection (a).
"(5) Obtaining or improving medical facilities, equipment, vehicles, and other needs and costs of providing services listed in subsection (a)."
CHAPTER 1029—LAND TRANSFERS
§102901. Conveyance of property and interests in property in System units or related areas
(a)
(b)
(1)
(2)
(3)
(4)
(A) shall be approximately equal; or
(B) if they are not approximately equal, shall be equalized by the payment of cash to the grantor from funds appropriated for the acquisition of land for the area, or to the Secretary, as the circumstances require.
(c)
(Pub. L. 113–287, §3, Dec. 19, 2014, 128 Stat. 3162.)
Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
---|---|---|
102901(a), (b) | 16 U.S.C. 460l–22(a), (b). | Pub. L. 90–401, §5(a), (b), July 15, 1968, 82 Stat. 356. |
102901(c) | 16 U.S.C. 460l–22(d). | Pub. L. 90–401, §5(d), July 15, 1968, 82 Stat. 356; Pub. L. 98–506, §2, Oct. 19, 1984, 98 Stat. 2338. |
CHAPTER 1031—APPROPRIATIONS AND ACCOUNTING
§103101. Availability and use of appropriations
(a)
(b)
(c)
(1)
(A) maintain law and order in emergency and other unforeseen law enforcement situations; and
(B) conduct emergency search and rescue operations in the System.
(2)
(d)
(1)
(2)
(e)
(Pub. L. 113–287, §3, Dec. 19, 2014, 128 Stat. 3163.)
In subsection (a), the word "Hereafter" in section 1 (last paragraph on p. 209) of the Act of May 9, 1935 (ch. 101, 49 Stat. 209) is omitted as obsolete.
In subsection (b), the word "Hereafter" in section 1 (6th complete paragraph on p. 350) of the Act of June 28, 1941 (ch. 259, 55 Stat. 350) is omitted as obsolete.
In subsection (c), the words "On and after October 5, 1992" are omitted as obsolete.
In subsection (d), the words "the Policemen and Firemen's Retirement and Disability Act amendments of 1957 (Public Law 85–157, 71 Stat. 391)" are substituted for "Public Law 85–157" for clarity. The words "Policemen and Firemen's Retirement and Disability Act (ch. 433, §12, 39 Stat. 718)" are substituted for "Policeman and Fireman's Retirement and Disability Act (Act)" because of section 12(r) of the Policemen and Firemen's Retirement and Disability Act, as amended by section 3 of the Policemen and Firemen's Retirement and Disability Act amendments of 1957 (Public Law 85–157, 71 Stat. 399). The words "(not heretofore made)" and "hereafter" are omitted as obsolete.
In subsection (e), the words "whenever made" are omitted as obsolete.
Editorial Notes
References in Text
The Policemen and Firemen's Retirement and Disability Act amendments of 1957, referred to in subsec. (d)(1), is Pub. L. 85–157, Aug. 21, 1957, 71 Stat. 391, which is not classified to the Code.
The Policemen and Firemen's Retirement and Disability Act, referred to in subsec. (d)(1), is act Sept. 1, 1916, ch. 433, §12, as added Pub. L. 85–157, §3, Aug. 21, 1957, 71 Stat. 391, which is not classified to the Code.
§103102. Appropriations authorized and available for certain purposes
Appropriations for the Service are authorized and are available for—
(1) administration, protection, improvement, and maintenance of areas, under the jurisdiction of other Federal agencies, that are devoted to recreational use pursuant to cooperative agreements;
(2) necessary local transportation and subsistence in kind of individuals selected for employment or as cooperators, serving without other compensation, while attending fire protection training camps;
(3) administration, protection, maintenance, and improvement of the Chesapeake and Ohio Canal;
(4) educational lectures in or in the vicinity of and with respect to System units, and services of field employees in cooperation with such nonprofit scientific and historical societies engaged in educational work in System units as the Secretary may designate;
(5) travel expenses of employees attending—
(A) Federal Government camps for training in forest fire prevention and suppression;
(B) the Federal Bureau of Investigation National Police Academy; and
(C) Federal, State, or municipal schools for training in building fire prevention and suppression;
(6) investigation and establishment of water rights in accordance with local custom, laws, and decisions of courts, including the acquisition of water rights or of land or interests in land or rights-of-way for use and protection of water rights necessary or beneficial in the administration and public use of System units;
(7) official telephone service in the field in the case of official telephones installed in private houses when authorized under regulations established by the Secretary; and
(8) provision of transportation for children in nearby communities to and from any System unit used in connection with organized recreation and interpretive programs of the Service.
(Pub. L. 113–287, §3, Dec. 19, 2014, 128 Stat. 3164.)
Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
---|---|---|
103102 | 16 U.S.C. 1d. | Aug. 8, 1953, ch. 384, §3, 67 Stat. 496. |
16 U.S.C. 17j–2(b) through (g), (i), (j). | Aug. 7, 1946, ch. 788, (b) through (g), (i), (j), 60 Stat. 885, 886; Pub. L. 104–333, div. I, title VIII, §802, Nov. 12, 1996, 110 Stat. 4186. |
Before paragraph (1), the words "On and after August 8, 1953" in 16 U.S.C. 1d are omitted as obsolete.
§103103. Amounts provided by private entities for utility services
Notwithstanding any other provision of law, amounts provided to the Service by private entities for utility services shall be credited to the appropriate account and remain available until expended.
(Pub. L. 113–287, §3, Dec. 19, 2014, 128 Stat. 3165.)
Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
---|---|---|
103103 | 16 U.S.C. 1h. | Pub. L. 108–7, div. F, title I (words before proviso in last undesignated paragraph under heading " |
The words "in fiscal year 2003 and thereafter" are omitted as obsolete.
§103104. Recovery of costs associated with special use permits
Notwithstanding any other provision of law, the Service may recover all costs of providing necessary services associated with special use permits. The reimbursements shall be credited to the appropriation current at that time.
(Pub. L. 113–287, §3, Dec. 19, 2014, 128 Stat. 3165.)
Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
---|---|---|
103104 | 16 U.S.C. 3a. | Pub. L. 103–138, title I (2d proviso in paragraph under heading " |
The words "on and after November 11, 1993" are omitted as obsolete.
CHAPTER 1033—NATIONAL MILITARY PARKS
§103301. Military maneuvers
To obtain practical benefits of great value to the country from the establishment of national military parks, the parks and their approaches are declared to be national fields for military maneuvers for the Regular Army or Regular Air Force and the National Guard or militia of the States. National military parks shall be opened for those purposes only in the discretion of the Secretary, and under such regulations as the Secretary may prescribe.
(Pub. L. 113–287, §3, Dec. 19, 2014, 128 Stat. 3165.)
Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
---|---|---|
103301 | 16 U.S.C. 411. | May 15, 1896, ch. 182, §1, 29 Stat. 120; July 26, 1947, ch. 343, title II, §205(a), 61 Stat. 501. |
The words "or Regular Air Force" are added for consistency with section 103302 of the new title.
§103302. Camps for military instruction
(a)
(b)
(Pub. L. 113–287, §3, Dec. 19, 2014, 128 Stat. 3165.)
Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
---|---|---|
103302 | 16 U.S.C. 412. | May 15, 1896, ch. 182, §2, 29 Stat. 121; July 26, 1947, ch. 343, title II, §205(a), 61 Stat. 501. |
In this section, the words "or Secretary of the Air Force" and "or Regular Air Force" are added because certain functions, personnel, and property, insofar as they pertain to the Air Force, were transferred from the Secretary of the Army and Department of the Army to the Secretary of the Air Force and Department of the Air Force by Secretary of Defense Transfer Order Nos. 1, September 26, 1947; 10, April 27, 1948; and 40 [App. B(65)], July 22, 1949.
In subsection (b), the words "and publish" are omitted because of 44 U.S.C. 1505.
§103303. Performance of duties of commissions
The duties of commissions in charge of national military parks shall be performed under the direction of the Secretary.
(Pub. L. 113–287, §3, Dec. 19, 2014, 128 Stat. 3166.)
Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
---|---|---|
103303 | 16 U.S.C. 421. | Aug. 24, 1912, ch. 355, §1 (last undesignated paragraph under heading " |
Section 103303 is substituted for 16 U.S.C. 421 to eliminate obsolete words because there no longer are park commissioners for the national military parks. The references to the Secretary of the Army are changed to the Secretary the Interior because the administrative functions of certain national military parks were transferred to the Department of the Interior by section 2 of Executive Order No. 6166, June 10, 1933, and section 1 of Executive Order No. 6228, July 28, 1933, set out as a note under section 901 of Title 5, Government Organization and Employees. References to the National Park Service were substituted for references to the Office of National Parks, Buildings, and Reservations in section 2 of Executive Order No. 6166 because of the last paragraph under the heading "
§103304. Recovery of land withheld
(a)
(b)
(Pub. L. 113–287, §3, Dec. 19, 2014, 128 Stat. 3166.)
Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
---|---|---|
103304 | 16 U.S.C. 416. | Mar. 3, 1897, ch. 372, §§4, 5, 29 Stat. 622. |
In subsection (a) the words "any park commissioner" are omitted as obsolete. See section 103303 of the new title. The words "or code of practice" are omitted as obsolete because of the Federal Rules of Civil Procedure (28 U.S.C. App.).
§103305. Travel expenses incident to study of battlefields
Mileage of officers of the Army and actual expenses of civilian employees traveling on duty in connection with the studies, surveys, and field investigations of battlefields shall be paid from the appropriations made to meet expenses for those purposes.
(Pub. L. 113–287, §3, Dec. 19, 2014, 128 Stat. 3166.)
Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
---|---|---|
103305 | 16 U.S.C. 458. | Mar. 8, 1928, ch. 152, 45 Stat. 249. |
§103306. Studies
(a)
(b)
(c)
(d)
(Pub. L. 113–287, §3, Dec. 19, 2014, 128 Stat. 3166.)
Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
---|---|---|
103306(a) | 16 U.S.C. 455. | June 11, 1926, ch. 555, 44 Stat. 726; July 26, 1947, ch. 343, title II, §205(a), 61 Stat. 501. |
103306(b) | 16 U.S.C. 455b. | |
103306(c) | 16 U.S.C. 455c. | |
103306(d) | 16 U.S.C. 455a. |
In subsection (d), the words "after December 1, 1926" are omitted as obsolete.
CHAPTER 1035—NATIONAL PARK CENTENNIAL CHALLENGE FUND
§103501. Establishment
(a)
(b)
(c)
(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-to-1 basis, by non-Federal donations (including funds and fairly valued durable goods and materials) to the Service for signature projects or programs.
(d)
(Added Pub. L. 114–289, title I, §101(a), Dec. 16, 2016, 130 Stat. 1483.)
Editorial Notes
References in Text
Section 805(b)(1) of the Federal Lands Recreation Enhancement Act, referred to in subsec. (b), is classified to section 6804(b)(1) of Title 16, Conservation.
§103502. Signature projects and programs
(a)
(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)
(Added Pub. L. 114–289, title I, §101(a), Dec. 16, 2016, 130 Stat. 1484.)
§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.
(Added Pub. L. 114–289, title I, §101(a), Dec. 16, 2016, 130 Stat. 1484.)
CHAPTERS 1035 1 THROUGH 1047—RESERVED
CHAPTER 1049—MISCELLANEOUS
Editorial Notes
Amendments
2019—Pub. L. 116–9, title II, §§2409(b), 2410(b), Mar. 12, 2019, 133 Stat. 752, added items 104908 and 104909.
§104901. Central warehouses at System units
(a)
(b)
(1)
(2)
(A)
(B)
(c)
(Pub. L. 113–287, §3, Dec. 19, 2014, 128 Stat. 3167.)
Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
---|---|---|
104901 | 16 U.S.C. 16. | Apr. 18, 1930, ch. 187, 46 Stat. 219. |
§104902. Services or other accommodations for public
The Secretary may contract for services or other accommodations provided in System units for the public under contract with the Department of the Interior, as may be required in the administration of the Service, at rates approved by the Secretary for the furnishing of those services or accommodations to the Federal Government and without compliance with section 6101 of title 41.
(Pub. L. 113–287, §3, Dec. 19, 2014, 128 Stat. 3167.)
Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
---|---|---|
104902 | 16 U.S.C. 17b. | May 26, 1930, ch. 324, §3, 46 Stat. 382. |
§104903. Care, removal, and burial of indigents
The Secretary may provide, out of amounts appropriated for the general expenses of System units, for the temporary care and removal from a System unit of indigents, and in case of death to provide for their burial in System units not under local jurisdiction for these purposes. This section does not authorize transportation of indigents or deceased for a distance of more than 50 miles from the System unit.
(Pub. L. 113–287, §3, Dec. 19, 2014, 128 Stat. 3168.)
Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
---|---|---|
104903 | 16 U.S.C. 17e. | May 26, 1930, ch. 324, §6, 46 Stat. 382. |
§104904. Hire of work animals, vehicles, and equipment with or without personal services
The Secretary may hire, with or without personal services, work animals and animal-drawn and motor-propelled vehicles and equipment at rates to be approved by the Secretary and without compliance with section 6101 of title 41.
(Pub. L. 113–287, §3, Dec. 19, 2014, 128 Stat. 3168.)
Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
---|---|---|
104904 | 16 U.S.C. 17i. | May 26, 1930, ch. 324, §10, 46 Stat. 383. |
The word "Secretary" is substituted for "National Park Service" to reflect the transfer of functions of other officers, employees, and agencies of the Department of the Interior to the Secretary by sections 1 and 2 of Reorganization Plan No. 3 of 1950 (5 U.S.C. App.). The reference to section 16 of title 41 is omitted as obsolete because section 3744 of the Revised Statutes, classified to 41 U.S.C. 16, was repealed by the Act of October 21, 1941 (ch. 452, 55 Stat. 743).
§104905. Preparation of mats for reproduction of photographs
The Secretary shall prepare mats that may be used for the reproduction in magazines and newspapers of photographs of scenery in a System unit that, in the opinion of the Secretary, would be of interest to the people of the United States and foreign nations. The mats may be furnished, without charge and under regulations the Secretary may prescribe, to the publishers of magazines, newspapers, and any other publications that may carry photographic reproductions.
(Pub. L. 113–287, §3, Dec. 19, 2014, 128 Stat. 3168.)
Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
---|---|---|
104905 | 16 U.S.C. 458a. | Aug. 27, 1940, ch. 690, §1, 54 Stat. 861. |
§104906. Protection of right of individuals to bear arms
(a)
(1) The 2d amendment to the Constitution provides that "the right of the people to keep and bear Arms, shall not be infringed".
(2) Section 2.4(a)(1) of title 36, Code of Federal Regulations, provides that "except as otherwise provided in this section and parts 7 (special regulations) and 13 (Alaska regulations), the following are prohibited: (i) Possessing a weapon, trap or net (ii) Carrying a weapon, trap or net (iii) Using a weapon, trap or net".
(3) The regulations described in paragraph (2) prevent individuals complying with Federal and State laws from exercising the 2d amendment rights of the individuals while at System units.
(4) The existence of different laws relating to the transportation and possession of firearms at different System units entrapped law-abiding gun owners while at System units.
(5) Although the Bush administration issued new regulations relating to the 2d amendment rights of law-abiding citizens in System units that went into effect on January 9, 2009—
(A) on March 19, 2009, the United States District Court for the District of Columbia granted a preliminary injunction with respect to the implementation and enforcement of the new regulations; and
(B) the new regulations—
(i) are under review by the Obama administration; and
(ii) may be altered.
(6) Congress needs to weigh in on the new regulations to ensure that unelected bureaucrats and judges cannot again override the 2d amendment rights of law-abiding citizens on 83,600,000 acres of System land.
(7) Federal laws should make it clear that the 2d amendment rights of an individual at a System unit should not be infringed.
(b)
(1) the individual is not otherwise prohibited by law from possessing the firearm; and
(2) the possession of the firearm is in compliance with the law of the State in which the System unit is located.
(Pub. L. 113–287, §3, Dec. 19, 2014, 128 Stat. 3168.)
Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
---|---|---|
104906 | 16 U.S.C. 1a–7b (relating to National Park System). | Pub. L. 111–24, title V, §512 (relating to National Park System), May 22, 2009, 123 Stat. 1764. |
In subsection (a)(5)(B)(i), the words "the Obama administration" are substituted for "the administration" for clarity.
§104907. Limitation on extension or establishment of national parks in Wyoming
No extension or establishment of national parks in Wyoming may be undertaken except by express authorization of Congress.
(Pub. L. 113–287, §3, Dec. 19, 2014, 128 Stat. 3169.)
Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
---|---|---|
104907 | 16 U.S.C. 451a. | Sept. 14, 1950, ch. 950, §1 (proviso relating to national parks), 64 Stat. 849. |
The word "further" is omitted as obsolete.
§104908. Bows in parks
(a)
(1) a bow or crossbow, the arrows of which are secured or stowed in a quiver or other arrow transport case; and
(2) with respect to a crossbow, uncocked.
(b)
(1) the individual is not otherwise prohibited by law from possessing the bows and crossbows;
(2) the bows or crossbows that are not ready for immediate use remain inside the vehicle of the individual throughout the period during which the bows or crossbows are transported across System land; and
(3) the possession of the bows and crossbows is in compliance with the law of the State in which the System unit is located.
(Added Pub. L. 116–9, title II, §2409(a), Mar. 12, 2019, 133 Stat. 751.)
§104909. Wildlife management in parks
(a)
(b)
(1) any training requirements or qualifications established by the Secretary; and
(2) any other terms and conditions that the Secretary may require.
(c)
(Added Pub. L. 116–9, title II, §2410(a), Mar. 12, 2019, 133 Stat. 752.)
DIVISION B—SYSTEM UNITS AND RELATED AREAS—RESERVED
DIVISION C—NATIONAL HERITAGE AREAS
CHAPTER 1201—NATIONAL HERITAGE AREA SYSTEM
§120101. Definition of National Heritage Area
In this chapter, the term "National Heritage Area" means a component of the National Heritage Area System described in section 120102(b).
(Added Pub. L. 117–339, §2(a), Jan. 5, 2023, 136 Stat. 6158.)
Statutory Notes and Related Subsidiaries
Private Property and Regulatory Protections
Pub. L. 117–339, §2(b)(1), Jan. 5, 2023, 136 Stat. 6162, provided that:
"(1)
"(A) abridges any right of a public or private property owner, including the right to refrain from participating in any plan, project, program, or activity conducted within a National Heritage Area;
"(B) requires any property owner to permit public access (including Federal, State, Tribal government, or local government access) to a property;
"(C) modifies any provision of Federal, State, Tribal, or local law with respect to public access or use of private land;
"(D)(i) alters any applicable land use regulation, land use plan, or other regulatory authority of any Federal, State, or local agency or Tribal government; or
"(ii) conveys to any local coordinating entity any land use or other regulatory authority;
"(E) authorizes or implies the reservation or appropriation of water or water rights;
"(F) diminishes the authority of a State to manage fish and wildlife, including through the regulation of fishing and hunting within a National Heritage Area in the State; or
"(G) creates or affects any liability—
"(i) under any other provision of law; or
"(ii) of any private property owner with respect to any person injured on private property."
§120102. Establishment of National Heritage Area System
(a)
(b)
(1) each National Heritage Area, National Heritage Corridor, National Heritage Canalway, Cultural Heritage Corridor, National Heritage Route, and National Heritage Partnership designated by Congress before or on the date of enactment of this chapter; and
(2) each National Heritage Area designated by Congress after the date of enactment of this chapter.
(c)
(1)
(A) ensure, to the maximum extent practicable, participation and assistance by any administrator of the System unit that is located near or encompassed by a National Heritage Area in local initiatives for the National Heritage Area to conserve and interpret resources consistent with the applicable management plan for the National Heritage Area; and
(B) work with local coordinating entities to promote public enjoyment of System units and System-related resources.
(2)
(A)
(i) considered to be a System unit; or
(ii) subject to the authorities applicable to System units.
(B)
(d)
(1) conduct or review, as applicable, feasibility studies in accordance with section 120103(a);
(2) conduct an evaluation of the accomplishments of, and submit to Congress a report that includes recommendations regarding the role of the Service with respect to, each National Heritage Area, in accordance with section 120104;
(3) enter into cooperative agreements with other Federal agencies, States, Tribal governments, local governments, local coordinating entities, and other interested individuals and entities to achieve the purposes of the National Heritage Area System;
(4) provide information, promote understanding, and encourage research regarding National Heritage Areas, in partnership with local coordinating entities; and
(5) provide national oversight, analysis, coordination, technical and financial assistance, and support to ensure consistency and accountability of the National Heritage Area System.
(Added Pub. L. 117–339, §2(a), Jan. 5, 2023, 136 Stat. 6158.)
Editorial Notes
References in Text
The date of enactment of this chapter, referred to in subsec. (b), is the date of enactment of Pub. L. 117–339, which was approved Jan. 5, 2023.