Public Law 113–287: To enact title 54, United States Code, “National Park Service and Related Programs”, as positive law.

Sec.

100101. 

Promotion and regulation.

100102. 

Definitions.

The Secretary, acting through the Director of the National Park Service, shall promote and regulate the use of the National Park System by means and measures that conform to the fundamental purpose of the System units, which purpose is to conserve the scenery, natural and historic objects, and wild life in the System units and to provide for the enjoyment of the scenery, natural and historic objects, and wild life in such manner and by such means as will leave them unimpaired for the enjoyment of future generations.

(1)

1970 declarations.—

The term “” means the Director of the National Park Service.

The term “” means the areas of land and water described in section 100501 of this title.

The term “” means the Secretary of the Interior.

The term “” means the National Park Service.

The term “” means the National Park System.

The term “” means one of the areas described in section 100501 of this title.

Sec.

100301. 

Establishment.

100302. 

Directors and other employees.

100303. 

Effect on other laws.

The Director shall select 2 Deputy Directors. One Deputy Director shall have responsibility for Service operations, and the other Deputy Director shall have responsibility for other programs assigned to the Service.

The Service shall have such subordinate officers and employees as may be appropriated for by Congress.

Sec.

100501. 

Areas included in System.

100502. 

General management plans.

100503. 

Five-year strategic plans.

100504. 

Study and planning of park, parkway, and recreational-area facilities.

100505. 

Periodic review of System.

100506. 

Boundary changes to System units.

100507. 

Additional areas for System.

measures for the preservation of the area’s resources;

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;

identification of and implementation commitments for visitor carrying capacities for all areas of the System unit; and

indications of potential modifications to the external boundaries of the System unit, and the reasons for the modifications.

Each System unit shall prepare and make available to the public a 5-year strategic plan and an annual performance plan. The plans shall reflect the Service policies, goals, and outcomes represented in the Service-wide strategic plan prepared pursuant to section 306 of title 5.

(2)

Contents.—

(3)

Cooperation and agreements with other entities.—

The consent of Congress is given to any 2 or more States to negotiate and enter into compacts or agreements with one another with reference to planning, establishing, developing, improving, and maintaining any park, parkway, or recreational area. No compact or agreement shall be effective until approved by the legislatures of the States that are parties to the compact or agreement and by Congress.

The Secretary shall conduct a systematic and comprehensive review of certain aspects of the System and on a periodic basis (but not 128 STAT. 3100 less often than every 3 years) submit to the Committee on Natural Resources and the Committee on Appropriations of the House of Representatives and the Committee on Energy and Natural Resources and the Committee on Appropriations of the Senate a report on the findings of the review, together with recommendations as the Secretary determines to be necessary.

In conducting and preparing the report, the Secretary shall consult with appropriate officials of affected Federal, State, and local agencies and national, regional, and local organizations. The consultation shall include holding public hearings that the Secretary determines to be appropriate to provide a full opportunity for public comment.

The report shall contain the following:

The Secretary shall maintain criteria to evaluate any proposed changes to the boundaries of System units, including—

In proposing a boundary change to a System unit, the Secretary shall—

(1)

In general.—

(5)

When authority applies.—

The Secretary shall investigate, study, and continually monitor the welfare of areas whose resources exhibit qualities of national significance and that may have potential for inclusion in the System.

(2)

Factors to be considered.—

(6)

Study of rivers or trails not affected.—

(3)

Considerations.—

(4)

Scope of study.—

(1)

Submission of list.—

At the beginning of each fiscal year, the Secretary shall submit to the Speaker of the House of Representatives and the President of the Senate a complete and current list of all areas listed on the Registry of Natural Landmarks, and areas of national significance listed on the National Register of Historic places, that exhibit known or anticipated damage or threats to the integrity of their resources, with notations as to the nature and severity of the damage or threats.

Each report and annual listing described in this section shall be printed as a House document. If adequate supplies of previously printed identical reports remain available, newly submitted identical reports shall be omitted from printing on receipt by the Speaker of the House of Representatives of a joint letter from the chairman of the Committee on Natural Resources of the House of Representatives and the chairman of the Committee on Energy and Natural Resources of Senate indicating that to be the case.

The Secretary shall designate a single office to prepare all new area studies and to implement other functions under this section.

Subchapter I—

System Resource Inventory and Management

Sec.

100701. 

Protection, interpretation, and research in System.

100702. 

Research mandate.

100703. 

Cooperative study units.

100704. 

Inventory and monitoring program.

100705. 

Availability of System units for scientific study.

100706. 

Integration of study results into management decisions.

100707. 

Confidentiality of information.

Subchapter II—

System Unit Resource Protection

100721. 

Definitions.

100722. 

Liability.

100723. 

Actions.

100724. 

Use of recovered amounts.

100725. 

Donations.

Subchapter III—

Mining Activity Within System Units

100731. 

Findings and declaration.

100732. 

Preservation and management of System units by Secretary; promulgation of regulations.

100733. 

Recordation of mining claims; publication of notice.

100734. 

Report on finding or notification of potential damage to natural and historical landmarks.

100735. 

Civil actions for just compensation by mining claim holders.

100736. 

Acquisition of land by Secretary.

100737. 

Financial disclosure by officer or employee of Secretary.

Subchapter IV—

Administration

100751. 

Regulations.

100752. 

Destruction of animals and plant life.

100753. 

Disposal of timber.

100754. 

Relinquishment of legislative jurisdiction.

100755. 

Applicability of other laws.

 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.

 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.

 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.

 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 128 STAT. 3106 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.

(b)

Criteria.—

 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.

 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—

 In this subchapter:128 STAT. 3107

(1)

Damages.—

(2)

Response costs.—

(3)

System unit resource.—

(c)

Defenses.—

(b)

Response Actions and Assessment of Destruction, Loss, or Injury.—

(a)

Limitation on Use.—

 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.128 STAT. 3109

 Congress finds and declares that—

 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.

 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.

 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.128 STAT. 3110

 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.

 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.

(a)

Written Statements.—

The Secretary shall—

In the rules prescribed under subsection (b), the Secretary may identify specific positions within the Department of the Interior that are of a nonregulatory or nonpolicymaking nature and provide that officers or employees occupying those positions shall be exempt from the requirements of this section.128 STAT. 3111

Criminal penalties for a violation of this section are provided by section 1865 of title 18.

 The Secretary may provide for the destruction of such animals and plant life as may be detrimental to the use of any System unit.

 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.

(a)

In General.—

(b)

Applicable Provisions.—

Sec.

100901. 

Authority of Secretary to carry out certain activities.

100902. 

Rights of way for public utilities and power and communication facilities.

100903. 

Solid waste disposal operations.

100904. 

Admission and special recreation use fees.

100905. 

Commercial filming.

100906. 

Advisory committees.

To facilitate the administration of the System, the Secretary, under such terms and conditions as the Secretary may consider advisable, may carry out the activities described in this section.

The Secretary may enter into contracts that provide for the sale or lease to persons, States, or political subdivisions of States, of services, resources, or water available within a System unit, as long as the activity does not jeopardize or unduly interfere with the primary natural or historic resource of the System unit, if the person, State, or political subdivision—

The Secretary may acquire, and have installed, air conditioning units for any Government-owned passenger motor vehicles used by the Service, where assigned duties necessitate long periods in automobiles or in regions of the United States where high temperatures and humidity are common and prolonged.

The Secretary may erect and maintain fire protection facilities, water lines, telephone lines, electric lines, and other utility facilities adjacent to any System unit, where necessary, to provide service in the System unit.

The Secretary may furnish, on a reimbursement of appropriation basis, supplies, and 128 STAT. 3113 rent equipment, to persons and agencies that, in cooperation with and subject to the approval of the Secretary, render services or perform functions that facilitate or supplement the activities of the Department of the Interior in the administration of the System. The reimbursements may be credited to the appropriation current at the time reimbursements are received.

The Secretary may contract, under terms and conditions that the Secretary considers to be in the interest of the Federal Government, for the sale, operation, maintenance, repair, or relocation of Government-owned electric and telephone lines and other utility facilities used for the administration and protection of the System, regardless of whether the lines and facilities are located within or outside the System.

The Secretary may acquire—

(2)

(2)

Reimbursement.—

(1)

In general.—

(2)

Extent of right of way.—

(1)

In general.—

(2)

Extent of right of way.—

(4)

Forfeiture and annulment.—

To protect the air, land, water, and natural and cultural values of the System and the property of the United States in the System, no solid waste disposal site (including any site for the disposal of domestic or industrial solid waste) may be operated within the boundary of any System unit, other than—

The Secretary shall prescribe regulations to carry out this section, including reasonable regulations to mitigate the adverse effects of solid waste disposal sites in operation as of September 1, 1984, on property of the United States.

(2)

Allocation of funds based on expenses and based on fees collected.—

(1)

Authority to sell permits.—

Where the primary public access to a System unit is provided by a concessioner, the Secretary may charge an admission fee at the System unit only to the extent that the total of the fee charged by the concessioner for access to the System unit and the admission fee does not exceed the maximum amount of the admission fee that could otherwise be imposed.

(2)

Amount.—

(4)

Nonapplicability.—

(5)

Applicability.—

(1)

In general.—

The Secretary shall collect any costs incurred as a result of filming activities or similar projects, including administrative and personnel costs. All costs recovered shall be in addition to the fee assessed in subsection (a).

The Secretary shall not permit any filming, still photography or other related activity if the Secretary determines that—

The Secretary shall establish a process to ensure that the Secretary responds in a timely manner to permit applicants for commercial filming, still photography, or other activity.

To facilitate the administration of the System, the Secretary, under such terms and conditions as the Secretary may consider advisable, may appoint and establish advisory committees in regard to the functions of the Service as the Secretary considers advisable.

Section 14(b) of the Federal Advisory Committee Act (5 U.S.C. App.) is waived with respect to any advisory commission or advisory committee established by law in connection with any System unit during the period for which the commission or committee is authorized by law.128 STAT. 3119

Any member of any advisory commission or advisory committee established in connection with any System unit may serve after the expiration of the member’s term until a successor is appointed.

Members of an advisory committee established under subsection (a) shall receive no compensation for their services as such but shall be allowed necessary travel expenses as authorized by section 5703 of title 5.

Subchapter I—

Authority of Secretary

Sec.

101101. 

Authority to accept land, rights-of-way, buildings, other property, and money.

101102. 

Authority to accept and use funds to consolidate Federal land ownership.

Subchapter II—

National Park Foundation

101111. 

Purpose and establishment of Foundation.

101112. 

Board.

101113. 

Gifts, devises, or bequests.

101114. 

Disposition of property or income.

101115. 

Corporate succession and powers and duties acting as trustee; personal liability for malfeasance.

101116. 

Corporate powers.

101117. 

Authority of Board.

101118. 

Tax exemptions; contributions toward costs of local government; contributions, gifts, or transfers to or for use of United States.

101119. 

Liability of United States.

101120. 

Promotion of local fundraising support.

 The Secretary in the administration of the Service may accept—

(a)

In General.—

 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.

(a)

Authority To Accept Gifts, Devises, or Bequests.—

 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.

 In carrying out this chapter, the Board may—

(b)

Contributions In Lieu of Taxes.—

 The United States shall not be liable for any debts, defaults, acts, or omissions of the National Park Foundation.

(b)

Implementation.—

(c)

Program.—

(e)

Affiliations.—

Subchapter I—

General Provisions

Sec.

101301. 

Maintenance management system.

101302. 

Authority of Secretary to carry out certain activities.

101303. 

Medical attention for employees.

101304. 

Personal equipment and property.

101305. 

Travel expenses of System employees and dependents of deceased employees.

Subchapter II—

Service Career Development, Training, and Management

101321. 

Service employee training.

101322. 

Management development and training.

Subchapter III—

Housing Improvement

101331. 

Definitions.

101332. 

General authority of Secretary.

101333. 

Criteria for providing housing.

101334. 

Authorization for housing agreements.

101335. 

Housing programs.

101336. 

Contracts for the management of field employee quarters.

101337. 

Leasing of seasonal employee quarters.

101338. 

General leasing provisions.

101339. 

Assessment and priority listing.

101340. 

Use of funds.

 The Service shall implement a maintenance management system in the maintenance and operations programs of the System. The system shall include the following elements:

(3)

(b)

Transportation.—

(b)

Employees Located at Isolated Situations.—

(c)

Equipment Required To Be Furnished by Field 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—

(2)

 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.128 STAT. 3126

 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.

 In this subchapter:

(1)

Field employee.—

(a)

Rental 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.

 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.

(a)

Joint Public-Private Sector Housing Program.—

(b)

Rental Guarantee Program.—

 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.

(a)

General Authority.—

 The Secretary shall—

Subchapter I—

Airports

Sec.

101501. 

Airports in or near System units.

Subchapter II—

Roads and Trails

101511. 

Authority of Secretary.

101512. 

Conveyance to States of roads leading to certain historical areas.

Subchapter III—

Public Transportation Programs for System Units

101521. 

Transportation service and facility programs.

101522. 

Transportation projects.

101523. 

Procedures applicable to transportation plans and projects.

101524. 

Special rule for service contract to provide transportation services.

Subchapter IV—

Fees

101531. 

Fee for use of transportation services.

(b)

Acquisition, Operation, and Maintenance of Airports.—

(c)

Authority of Secretary.—

(d)

Authorization To Sponsor Airport Projects.—

(b)

Approach Roads.—

(b)

Contracts, Operations, and Acquisitions for Improvement of Access to System Units.—

(a)

During Formulation of Plan.—

(b)

Prior to Implementation of Project.—

 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.

 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.

Sec.

101701. 

Challenge cost-share agreement authority.

101702. 

Cooperative agreements.

101703. 

Cooperative management agreements.

101704. 

Reimbursable agreements.

In this section:

The Secretary may negotiate and enter into challenge cost-share agreements with cooperators.

In carrying out challenge cost-share agreements, the Secretary may provide the Federal funding share from any funds available to the Service.128 STAT. 3135

A cooperative agreement entered into by the Secretary that involves the transfer of Service appropriated funds to a State, local, or tribal government or other public entity, an educational institution, or a private nonprofit organization to carry out public purposes of a Service program is a cooperative agreement properly entered into under section 6305 of title 31.

(1)

In general.—

To facilitate the administration of the System, the Secretary, under such terms and conditions as the Secretary considers advisable, may—

(2)

Terms and conditions.—

To facilitate the administration of the System, the Secretary, under such terms and conditions as the Secretary considers advisable, may enter into an agreement with a State or local government agency to provide for the cooperative management of the Federal and State or local park areas where a System unit is located adjacent to or near a State or local park area, and cooperative management between the Service and a State or local government agency of a portion of either the System unit or State or local park will allow for more effective and efficient management of the System unit and State or local park. The Secretary may not transfer administration responsibilities for any System unit under this paragraph.

Under a cooperative management agreement, the Secretary may acquire from and provide to a State or local government agency goods and services to be used by the Secretary and the State or local governmental agency in the cooperative management of land.128 STAT. 3137

An assignment arranged by the Secretary under section 3372 of title 5 of a Federal, State, or local employee for work on any Federal, State, or local land or an extension of the assignment may be for any period of time determined by the Secretary and the State or local agency to be mutually beneficial.

In carrying out work under reimbursable agreements with any State, local, or tribal government, the Secretary, without regard to any provision of law or a regulation—

Amounts shall be credited within 90 days of the date of the original request by the Service for payment.

Subchapter I—

Authority of Secretary

Sec.

101901. 

Utility services.

Subchapter II—

Commercial Visitor Services

101911. 

Definitions.

101912. 

Findings and declaration of policy.

101913. 

Award of concession contracts.

101914. 

Term of concession contracts.

101915. 

Protection of concessioner investment.

101916. 

Reasonableness of rates and charges.

101917. 

Franchise fees.

101918. 

Transfer or conveyance of concession contracts or leasehold surrender interests.

101919. 

National Park Service Concessions Management Advisory Board.

101920. 

Contracting for services.

101921. 

Multiple contracts within a System unit.

101922. 

Use of nonmonetary consideration in concession contracts.

101923. 

Recordkeeping requirements.

101924. 

Promotion of sale of Indian, Alaska Native, Native Samoan, and Native Hawaiian handicrafts.

101925. 

Commercial use authorizations.

101926. 

Regulations.

 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.128 STAT. 3138

 In this subchapter:

(a)

Findings.—

(b)

Declaration of Policy.—

 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:

(2)

Solicitation of proposals.—

(3)

Information to be included in prospectus.—

(4)

Consideration of proposals.—

(5)

Selection of the best proposal.—

(6)

Congressional notification.—

(7)

Preferential right of renewal.—

(8)

Outfitter and guide services and small contracts.—

(11)

Exceptions.—

 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, 128 STAT. 3143 including the required construction of capital improvements, warrant a longer term.

(a)

Definitions.—

(b)

Leasehold Surrender Interest in Capital Improvements.—

(c)

Special Rule for Possessory Interest Existing Before November 13, 1998.—

(b)

Approval by Secretary Required.—

(c)

Special Account in Treasury.—

(b)

Conditions.—

(b)

Duties.—

128 STAT. 3148

(c)

Advisory Board Membership.—

(a)

Contracting Authorized.—

 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 128 STAT. 3150 to renegotiation by the Secretary because of an award of a new contract at the same approximate location or resource.

 Section 1302 of title 40 shall not apply to concession contracts awarded by the Secretary pursuant to this subchapter.

(b)

Criteria for Issuance of Commercial Use Authorizations.—

(c)

Limitations.—

(b)

Contents.—

Sec.

102101. 

General provisions.

102102. 

Authority of Secretary to enter into lease for buildings and associated property.

The Secretary may grant privileges and enter into leases described in subsection (a), and enter into related contracts with responsible persons, firms, or corporations, without advertising and without securing competitive bids.

No contract, lease, or privilege described in subsection (a) or (b) that is entered into or granted shall be assigned or transferred by the grantee, lessee, or licensee without the prior written approval of the Secretary.

To facilitate the administration of the System, the Secretary, under such terms and conditions as the Secretary may consider advisable, and except as provided in subsection (b) and subject to subsection (c), may enter into a lease with any person or government entity for the use of buildings and associated property administered by the Secretary as part of the System.

The Secretary may not use a lease under subsection (a) to authorize the lessee to engage in activities that are subject to authorization by the Secretary through a concession contract, commercial use authorization, or similar instrument.

Buildings and associated property leased under subsection (a)—128 STAT. 3153

(1)

In general.—

(2)

Availability.—

The Secretary shall prescribe regulations implementing this section that include provisions to encourage and facilitate competition in the leasing process and provide for timely and adequate public comment.

Sec.

102301. 

Volunteers in parks program.

102302. 

National Capital region arts and cultural affairs.

102303. 

National Park System Advisory Board.

102304. 

National Park Service Advisory Council.

The Secretary may recruit, train, and accept, without regard to chapter 51 and subchapter III of chapter 53 of title 5 or regulations prescribed under that chapter or subchapter, the services of individuals without compensation as volunteers for or in aid of interpretive functions or other visitor services or activities in and related to System units and related areas. 128 STAT. 3154 In accepting those services, the Secretary shall not permit the use of volunteers in hazardous duty or law enforcement work or in policymaking processes, or to displace any employee. The services of individuals whom the Secretary determines are skilled in performing hazardous activities may be accepted.

The Secretary may provide for incidental expenses of volunteers, such as transportation, uniforms, lodging, and subsistence.

There is authorized to be appropriated to carry out this section not more than $3,500,000 for each fiscal year.

There is under the direction of the Service a program to support and enhance artistic and cultural activities in the National Capital region.

(1)

Eligible organizations.—

(2)

Criteria.—

Grants awarded under this section may be used to support general operations and maintenance, security, or special projects. No organization may receive a grant in excess of $500,000 in a single year.

The Director shall—

The contractual amounts required for the support of Ford’s Theater and Wolf Trap National Park for the Performing Arts shall be available within the amount provided in this section without regard to any other provision of this section.

In this section, the term “” means the National Park System Advisory Board established under subsection (b).

There is established a National Park System Advisory Board, whose purpose is to advise the Director on matters relating to the Service, the System, and programs administered by the Service. The Board shall advise the Director on matters submitted to the Board by the Director as well as any other issues identified by the Board.

(3)

Actions on request of director.—

The Board may secure directly from any office, department, agency, establishment, or instrumentality of the Federal Government such information as the Board may require for the purpose of this section, and each office, department, agency, establishment, or instrumentality shall furnish, to the extent permitted by law, the information, suggestions, estimates, and statistics directly to the Board, on request made by a member of the Board.

On request of the Board, the head of any Federal department, agency, or instrumentality may make any of the facilities and services of the department, agency, or instrumentality available to the Board, on a nonreimbursable basis, to assist the Board in carrying out its duties under this section.

In this section:

There is established a National Park Service Advisory Council that shall provide advice and counsel to the Board.

Members of the Council shall not have a vote on the Board.

Sec.

102501. 

Purpose.

102502. 

Definition of museum object.

102503. 

Authority of Secretary.

102504. 

Review and approval.

The term “” means an object that—

The term “” includes a prehistoric or historic artifact, work of art, book, document, photograph, or natural history specimen.

Notwithstanding other provisions or limitations of law, the Secretary may perform the functions described in this section in the manner that the Secretary considers to be in the public interest.

The Secretary may accept donations and bequests of money or other personal property, and hold, use, expend, and administer the money or other personal property for purposes of this chapter.

The Secretary may purchase museum objects and other personal property at prices that the Secretary considers to be reasonable.

The Secretary may make exchanges by accepting museum objects and other personal property and by granting in exchange for the museum objects or other personal property museum property under the administrative jurisdiction of the Secretary that no longer is needed or that may be held in duplicate among the museum properties administered by the Secretary. Exchanges shall be consummated on a basis that the Secretary considers to be equitable and in the public interest.

The Secretary may accept the loan of museum objects and other personal property and pay transportation costs incidental to the museum objects or other personal property. Loans shall be accepted on terms and conditions that the Secretary considers necessary.

The Secretary may loan to responsible public or private organizations, institutions, or agencies, without cost to the United States, such museum objects and other personal property as the Secretary shall consider advisable. Loans shall be made on terms and conditions that the Secretary considers necessary to protect the public interest in those properties.

The Secretary may transfer museum objects that the Secretary determines are no longer needed for museum purposes to qualified Federal agencies, including the Smithsonian Institution, that have programs to preserve and interpret cultural or natural heritage, and accept the transfer of museum objects for the purposes of this chapter from any other Federal agency, without reimbursement. The head of any other Federal agency may transfer, without reimbursement, museum objects directly to the administrative jurisdiction of the Secretary for the purpose of this chapter.

The Secretary may convey museum objects that the Secretary determines are no longer needed for museum purposes, without monetary consideration but subject to such terms and conditions as the Secretary considers necessary, to private institutions exempt from Federal taxation under section 501(c)(3) of the Internal Revenue Code of 1986 (26 128 STAT. 3159 U.S.C. 501(c)(3)) and to non-Federal governmental entities if the Secretary determines that the recipient is dedicated to the preservation and interpretation of natural or cultural heritage and is qualified to manage the property, prior to any conveyance under this subsection and subsection (g).

The Secretary may destroy or cause to be destroyed museum objects that the Secretary determines to have no scientific, cultural, historic, educational, esthetic, or monetary value.

Subchapter I—

Law Enforcement

Sec.

102701. 

Law enforcement personnel within System.

102702. 

Crime prevention assistance.

Subchapter II—

Emergency Assistance

102711. 

Authority of Secretary to use applicable appropriations for the System to render assistance to nearby law enforcement and fire prevention agencies and for related activities outside the System.

102712. 

Aid to visitors, grantees, permittees, or licensees in emergencies.

(a)

Officers and Employees of the Department of the Interior.—

(b)

Special Police Officers.—

(a)

Recommendations for Improvement.—

(c)

Use of Funds.—

 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.

Sec.

102901. 

Conveyance of property and interests in property in System units or related areas.

With respect to any property acquired by the Secretary within a System unit or related area, except property within national parks or within national monuments of scientific significance, the Secretary may convey a freehold or leasehold interest in the property, subject to such terms and conditions as will ensure the use of the property in a manner that is, in the judgment of the Secretary, consistent with the purpose for which the System unit or related area was authorized by Congress. The Secretary shall convey the interest to the highest bidder, in accordance with such regulations as the 128 STAT. 3163 Secretary may prescribe. The conveyance shall be at not less than the fair market value of the interest, as determined by the Secretary, except that if the conveyance is proposed within 2 years after the property to be conveyed is acquired by the Secretary, the Secretary shall allow the last owner of record of the property 30 days following the date on which the owner is notified by the Secretary in writing that the property is to be conveyed within which to notify the Secretary that the owner wishes to acquire the interest. On receiving the timely request, the Secretary shall convey the interest to the person, in accordance with such regulations as the Secretary may prescribe, on payment or agreement to pay an amount equal to the highest bid price.

(4)

Values of properties exchanged.—

The proceeds received from any conveyance under this section shall be credited to the Land and Water Conservation Fund.

Sec.

103101. 

Availability and use of appropriations.

103102. 

Appropriations authorized and available for certain purposes.

103103. 

Amounts provided by private entities for utility services.

103104. 

Recovery of costs associated with special use permits.

Cash collections and payroll deductions made for meals and quarters furnished by the Service to employees of the Federal Government in the field and to cooperating agencies may be credited as a reimbursement to the current appropriation for the administration of the System unit in which the accommodations are furnished.128 STAT. 3164

Appropriations made for the Service shall be available for any expenses incident to the preparation and recording of title evidence covering land to be donated to the United States for administration by the Service.

(1)

In general.—

Appropriations for the Service that are available for the purchase of equipment may be used for purchase of waterproof footwear, which shall be regarded and listed as System equipment.

administration, protection, improvement, and maintenance of areas, under the jurisdiction of other Federal agencies, that are devoted to recreational use pursuant to cooperative agreements;

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;

administration, protection, maintenance, and improvement of the Chesapeake and Ohio Canal;

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;

travel expenses of employees attending—128 STAT. 3165

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;

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

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.

Sec.

103301. 

Military maneuvers.

103302. 

Camps for military instruction.

103303. 

Performance of duties of commissions.

103304. 

Recovery of land withheld.

103305. 

Travel expenses incident to study of battlefields.

103306. 

Studies.

The Secretary of the Army or Secretary of the Air Force, within the limits of appropriations that may be available for that purpose, may assemble in camp at such season of the year and for such period as the Secretary of the Army or Secretary of the Air Force may designate, at the field of military maneuvers, such portions 128 STAT. 3166 of the military forces of the United States as the Secretary of the Army or Secretary of the Air Force may think best, to receive military instruction there. The Secretary of the Army of Secretary of the Air Force may detail instructors from the Regular Army or Regular Air Force, respectively, for those forces during their exercises.

The Secretary of the Army or Secretary of the Air Force may prescribe regulations governing the assembling of the National Guard or militia of the States on the maneuvering grounds.

The United States may bring a civil action in the courts of the United States against a person to whom land lying within a national military park has been leased that refuses to give up possession of the land to the United States after the termination of the lease, and after possession has been demanded for the United States by the park superintendent, or against a person retaining possession of land lying within the boundary of a national military park that the person has sold to the United States for park purposes and received payment therefor, after possession of the land has been demanded for the United States by the park superintendent, to recover possession of the land withheld. The civil action shall be brought according to the statutes of the State in which the national military park is situated.

A person described in subsection (a) shall be guilty of trespass.

The Secretary of the Army may make studies and investigations and, where necessary, surveys of all battlefields within the continental limits of the United States on which troops of the United States or of the original 13 colonies have been engaged against a common enemy, with a view to preparing a general plan and such detailed projects as may be required for properly commemorating such battlefields or other adjacent points of historic and military interest.

The Secretary of the Army shall include annually in the Department of the Interior appropriation estimates a list of the battlefields for which surveys or other field investigations are planned for the fiscal year in question, with the estimated cost of making each survey or other field investigation.

No real estate shall be purchased for national military 128 STAT. 3167 park purposes by the Federal Government unless a report on the real estate has been made by the Secretary of the Army through the President to Congress under subsection (d).

The Secretary of the Army, through the President, shall annually submit to Congress a detailed report of progress made under this subchapter, with recommendations for further operations.

Sec.

104901. 

Central warehouses at System units.

104902. 

Services or other accommodations for public.

104903. 

Care, removal, and burial of indigents.

104904. 

Hire of work animals, vehicles, and equipment with or without personal services.

104905. 

Preparation of mats for reproduction of photographs.

104906. 

Protection of right of individuals to bear arms.

104907. 

Limitation on extension or establishment of national parks in Wyoming.

The Secretary, in the administration of the System, may maintain central warehouses at System units.

(2)

Transfers between appropriations.—

Supplies and materials shall not be purchased solely for the purpose of increasing the value of storehouse stock beyond reasonable requirements for any current fiscal year.

Congress finds the following:

(5)

The Secretary shall not promulgate or enforce any regulation that prohibits an individual from possessing a firearm, including an assembled or functional firearm, in any System unit if—

State

United States

includes the District of Columbia; and

to the extent practicable, as determined by the Secretary, includes Puerto Rico, Guam, American Samoa, the Virgin Islands, and the Northern Mariana Islands.

sponsor, engage in, and assist in research relating to outdoor recreation, directly or by contract or cooperative agreements, and make payments for such purposes without regard to the limitations of section 3324(a) and (b) of title 31 concerning advances of funds when the Secretary considers such action to be in the public interest;

undertake studies and assemble information concerning outdoor recreation, directly or by contract or cooperative agreement, and disseminate the information without regard to section 3204 of title 39; and

cooperate with educational institutions and others to assist in establishing education programs and activities and to encourage public use and benefits from outdoor recreation.

The Secretary may—

An agency furnishing advice or assistance under this paragraph may expend its own funds for those purposes, with or without reimbursement, as may be agreed to by that agency.

Fund

State

All proceeds (except so much thereof as may be otherwise obligated, credited, or paid under authority of the provisions of law set forth in section 572(a) or 574(a) to (c) of title 40 or under authority of any appropriation Act that appropriates an amount, to be derived from proceeds from the transfer of excess property and the disposal of surplus property, for necessary expenses, not otherwise provided for, incident to the utilization and disposal of excess and surplus property) received from any disposal of surplus real property and related personal property under chapter 5 of title 40, notwithstanding any provision of law that such proceeds shall be credited to miscellaneous receipts of the Treasury. Nothing in this chapter shall affect existing laws or regulations concerning disposal of real or personal surplus property to schools, hospitals, and States and their political subdivisions.

The amounts provided for in section 200310 of this title.

In addition to the sum of the revenues and collections estimated by the Secretary to be deposited in the Fund pursuant to this section, there are authorized to be appropriated annually to the Fund out of any money in the Treasury not otherwise appropriated such amounts as are necessary to make the income of the Fund not less than $900,000,000 for each fiscal year through September 30, 2015.

To the extent that amounts appropriated under paragraph (1) are not sufficient to make the total annual income of the Fund equivalent to the amounts provided in paragraph (1), an amount sufficient to cover the remainder shall be credited to the Fund from revenues due and payable to the United States for deposit in the Treasury as miscellaneous receipts under the Outer Continental Shelf Lands Act (43 U.S.C. 1331 et seq.).

Notwithstanding section 200303 of this title, money deposited in the Fund under this subsection shall remain in the Fund until appropriated by Congress to carry out this chapter.

Planning.

Acquisition of land, water, or interests in land or water.

Development.

Forty percent of the 1st $225,000,000; 30 percent of the next $275,000,000; and 20 percent of all additional appropriations shall be apportioned equally among the States.

At any time, the remaining appropriation shall be apportioned on the basis of need to individual States by the Secretary in such amounts as in the Secretary’s judgment will best accomplish the purposes of this chapter. The determination of need shall include consideration of—–

The total allocation to a State under paragraphs (1) and (2) shall not exceed 10 percent of the total amount allocated to all of the States in any one year.

The Secretary shall notify each State of its apportionments. The amounts shall be available for payment to the State for planning, acquisition, or development projects as prescribed. Any amount of any apportionment that has not been paid or obligated by the Secretary during the fiscal year in which the notification is given and for 2 fiscal years thereafter shall be reapportioned by the Secretary in accordance with paragraph (2) without regard to the 10 percent limitation to an individual State specified in this subsection.

For the purposes of paragraph (1), the District of Columbia, Puerto Rico, Guam, American Samoa, the Virgin Islands, and the Northern Mariana Islands shall be deemed to be one State, and shall receive shares of the apportionment in proportion to their populations.

A comprehensive statewide outdoor recreation plan shall be required prior to the consideration by the Secretary of financial assistance for acquisition or development projects. The plan shall be adequate if, in the judgment of the Secretary, it encompasses and will promote the purposes of this chapter. No plan shall be approved unless the chief executive official of the State certifies that ample opportunity for public participation in plan development and revision has been accorded. The 128 STAT. 3174 Secretary shall develop, in consultation with others, criteria for public participation, which criteria shall constitute the basis for the certification by the chief executive official. The plan shall contain—

The plan shall take into account relevant Federal resources and programs and shall be correlated so far as practicable with other State, regional, and local plans. Where there exists or is in preparation for any particular State a comprehensive plan financed in part with funds supplied by the Secretary of Housing and Urban Development, any statewide outdoor recreation plan prepared for purposes of this part shall be based on the same population, growth, and other pertinent factors as are used in formulating plans financed by the Secretary of Housing and Urban Development.

The Secretary may provide financial assistance to any State for projects for the preparation of a comprehensive statewide outdoor recreation plan when the plan is not otherwise available or for the maintenance of the plan.

A comprehensive statewide outdoor recreation plan shall specifically address wetlands within the State as an important outdoor recreation resource as a prerequisite to approval, except that a revised comprehensive statewide outdoor recreation plan shall not be required by the Secretary, if a State submits, and the Secretary, acting through the Director, approves, as a part of and as an addendum to the existing comprehensive statewide outdoor recreation plan, a wetlands priority plan developed in consultation with the State agency with responsibility for fish and wildlife resources and consistent with the national wetlands priority conservation plan developed under section 301 of the Emergency Wetlands Resources Act of 1986 (16 U.S.C. 3921) or, if the national plan has not been completed, consistent with the provisions of that section.

In addition to assistance for planning projects, the Secretary may provide financial assistance to any State for the types of projects described in paragraphs (2) and (3), or combinations of those projects, if the projects are in accordance with the State comprehensive plan.

(B)

Retention of right of use and occupancy.—

Under paragraph (1), the Secretary may provide financial assistance for a project for development of basic outdoor recreation facilities to serve the general public, including the development of Federal land under lease to States for terms of 25 years or more. No assistance shall be available under this chapter to enclose or shelter a facility normally used for an outdoor recreation activity, but the Secretary may permit local funding, not to exceed 10 percent of the total amount allocated to a State in any one year, to be used for construction of a sheltered facility for a swimming pool or ice skating rink in an area where the Secretary determines that the construction is justified by the severity of climatic conditions and the increased public use made possible by the construction.

The Secretary may make a payment to a State only for a planning, acquisition, or development project that is approved by the Secretary. The Secretary shall not make a payment for or on account of any project with respect to which financial assistance has been given or promised under any other Federal program or activity, and no financial assistance shall be given under any other Federal program or activity for or on account of any project with respect to which the assistance has been given or promised under this chapter. The Secretary may make payments from time to time in keeping with the rate of progress toward the satisfactory completion of a project. The approval of all projects and all payments, or any commitments relating thereto, shall be withheld until the Secretary receives appropriate written assurance from the State that the State has the ability and intention to finance its share of the cost of all of the projects, and to operate and maintain by acceptable standards, at State expense, the properties or facilities acquired or developed for public outdoor recreation use.

Payments for all projects shall be made by the Secretary to the chief executive official of the State or to a State official or agency designated by the chief executive official or by State law having authority and responsibility to accept and to administer funds paid under this section for approved projects. If consistent with an 128 STAT. 3176 approved project, funds may be transferred by the State to a political subdivision or other appropriate public agency.

No property acquired or developed with assistance under this section shall, without the approval of the Secretary, be converted to other than public outdoor recreation use. The Secretary shall approve a conversion only if the Secretary finds it to be in accordance with the then-existing comprehensive statewide outdoor recreation plan and only on such conditions as the Secretary considers necessary to ensure the substitution of other recreation properties of at least equal fair market value and of reasonably equivalent usefulness and location. Wetland areas and interests therein as identified in the wetlands provisions of the comprehensive plan and proposed to be acquired as suitable replacement property within the same State that is otherwise acceptable to the Secretary, acting through the Director, shall be deemed to be of reasonably equivalent usefulness with the property proposed for conversion.

No payment shall be made to any State until the State has agreed to—

the amount and the disposition by the recipient of the proceeds of the assistance;

the total cost of the project or undertaking in connection with which the assistance is given or used; and

the amount and nature of that portion of the cost of the project or undertaking supplied by other sources, and such other records as will facilitate an effective audit.

the President may issue such regulations with respect thereto as the President considers desirable; and128 STAT. 3177

the assistance may be provided only in accordance with the regulations.

In addition to assistance for planning projects, and in addition to the projects identified in subsection (e), and from amounts appropriated out of the Violent Crime Reduction Trust Fund, the Secretary may provide financial assistance to the States, not to exceed $15,000,000, for projects or combinations thereof for the purpose of making capital improvements and other measures to increase safety in urban parks and recreation areas, including funds to—

In addition to the requirements for project approval imposed by this section, eligibility for assistance under this subsection shall depend on a showing of need. In providing funds under this subsection, the Secretary shall give priority to projects proposed for urban parks and recreation areas with the highest rates of crime and, in particular, to urban parks and recreation areas with the highest rates of sexual assault.

Notwithstanding subsection (c), the Secretary may provide 70 percent improvement grants for projects undertaken by a State for the purposes described in this subsection.

Amounts appropriated from the Fund for Federal purposes shall, unless otherwise allotted in the appropriation Act making them available, be allotted by the President for the purposes and subpurposes stated in this subsection.

(A)

System units and recreation areas administered for recreation purposes.—

(B)

National forest system.—

(C)

Endangered species and threatened species; fish and wildlife refuge areas; national wildlife refuge system.—

Amounts shall be allotted for payment into miscellaneous receipts of the Treasury as a partial offset for capital costs, if any, of Federal water development projects authorized to be constructed by or pursuant to an Act of Congress that are allocated to public recreation and the enhancement of fish and wildlife values and financed through appropriations to water resource agencies.

Appropriations allotted for the acquisition of land, water, or an interest in land or water as set forth under subparagraphs (A) and (B) of paragraph (2) shall be available for those acquisitions notwithstanding any statutory ceiling on the appropriations contained in any other provision of law enacted prior to January 4, 1977, or, in the case of national recreation areas, prior to January 15, 1979, except that for any such area expenditures shall not exceed a statutory ceiling during any one fiscal year by 10 percent of the ceiling or $1,000,000, whichever is greater.

the amounts paid before October 1, 2017, under section 6421 of the Internal Revenue Code of 1986 (26 U.S.C. 6421) with respect to gasoline used after December 31, 1964, in motorboats, on the basis of claims filed for periods ending before October 1, 2016; and

80 percent of the floor stocks refunds made before October 1, 2017, under section 6412(a)(1) of the Internal Revenue Code 128 STAT. 3180 of 1986 (26 U.S.C. 6412(a)(1)) with respect to gasoline to be used in motorboats.

The term “” means a grant in a neighborhood or community with a high prevalence of crime, particularly violent crime or crime committed by youthful offenders.

The term “” includes—

In addition to the purposes specified in paragraph (8), a rehabilitation grant that serves as an at-risk youth recreation grant may be used for the provision of lighting, emergency phones, or any other capital improvement that will improve the security of an urban park.

general purpose local government

a city, county, town, township, village, or other general purpose political subdivision of a State; and

the District of Columbia.

innovation grant

maintenance

private, nonprofit agency

The term “” means a matching grant to a local government for development of local park and recreation recovery action programs to meet the requirements of this chapter.

A recovery action program grant shall be used for resource and needs assessment, coordination, citizen involvement and planning, and program development activities to—

recreation area or facility

rehabilitation grant

The term “” means a local or regional special district, public-purpose corporation, or other limited political subdivision of a State.

The term “” includes—

State

The Secretary shall establish priority criteria for project selection and approval that consider such factors as—

(F)

For at-risk youth recreation grants, the Secretary shall give a priority to each of the following criteria:

systematic identification of recovery objectives, priorities, and implementation strategies;

adequate planning for rehabilitation of specific recreation areas and facilities, including projections of the cost of proposed projects;

the capacity and commitment to ensure that facilities provided or improved under this chapter shall continue to be adequately maintained, protected, staffed, and supervised;

the intention to maintain total local public outlays for park and recreation purposes at levels at least equal to those in the year preceding that in which grant assistance is sought except in any case where a reduction in park and recreation outlays is proportionate to a reduction in overall spending by the applicant; and

the relationship of the park and recreation recovery program to overall community development and urban revitalization efforts.

rehabilitation of existing recreational areas and facilities, including—

local commitments to innovative and cost-effective programs and projects at the neighborhood level to augment recovery of park and recreation systems, including—

that local recovery plans and programs are adequately implemented by cooperating with the Secretary in monitoring local park and recreation recovery plans and programs; and

consistency of the plans and programs, where appropriate, with State recreation policies as set forth in statewide comprehensive outdoor recreation plans.

The non-Federal share of project costs assisted under this chapter may be derived from general or special purpose State or local revenues, State categorical grants, special appropriations by State legislatures, donations of land, buildings, or building materials, and in-kind construction, technical, and planning services. Reasonable local costs of recovery action program development to meet the requirements of section 200504(a) of this title may be used as part of the local match only when the local government has not received a recovery action program grant.128 STAT. 3186

No amount from the Land and Water Conservation Fund or from any other Federal grant program other than the community development block grant programs shall be used to match Federal grants under this program.

records that disclose—

such other records as will facilitate an effective audit.

 It is the policy of the Federal Government, in cooperation with other nations and in partnership with States, local governments, Indian tribes, Native Hawaiian organizations, and private organizations and individuals, to—

 In this division, the term “” has the meaning given the term in section 551 of title 5.

 In this division, the term “” means a local government whose local historic preservation program is certified pursuant to chapter 3025 of this title.

 In this division, the term “” means the Advisory Council on Historic Preservation established by section 304101 of this title.

 In this division, the term “” means a definable area that—

 In this division, the term “” means an area that contains—

 In this division, the term “” means the Historic Preservation Fund established under section 303101 of this title.

 In this division, the term “” means a board, council, commission, or other similar collegial body—

(2)

 In this division, the term “” means any prehistoric or historic district, site, building, structure, or object included on, or eligible for inclusion on, the National Register, including artifacts, records, and material remains relating to the district, site, building, structure, or object.

 In this division, the term “” means an Indian tribe, band, nation, or other organized group or community, including a Native village, Regional Corporation or Village Corporation (as those terms are defined in section 3 of the Alaska Native Claims Settlement Act (43 U.S.C. 1602)), that is recognized as eligible for the special programs and services provided by the United States to Indians because of their status as Indians.

 In this division, the term “” means a city, county, township, municipality, or borough, or any other general purpose political subdivision of any State.

 In this division, the term “” means the National Register of Historic Places maintained under chapter 3021 of this title.

 In this division, the term “” means the National Trust for Historic Preservation in the United States established under section 312102 of this title.128 STAT. 3190

 In this division, the term “” means any individual who is a descendant of the aboriginal people who, prior to 1778, occupied and exercised sovereignty in the area that now constitutes Hawaii.

(a)

In general.—

 In this division, the term “” or “historic preservation” includes—

 In this division, the term “” means the Secretary acting through the Director.

 In this division, the term “” means—

 In this division, the term “” means a board, council, commission, or other similar collegial body established as provided in section 302301(2) of this title—

(3)

 In this division, the term “” means—

 In this division, the term “” means a project, activity, or program funded in whole or in part under the direct or indirect jurisdiction of a Federal agency, including—

 In this division, the term “” means the Convention concerning the Protection of the World Cultural and Natural Heritage, done at Paris November 23, 1972 (27 UST 37).

 The Secretary may expand and maintain a National Register of Historic Places composed of districts, sites, buildings, structures, and objects significant in American history, architecture, archeology, engineering, and culture.

 The Secretary, in consultation with national historical and archeological associations, shall—

(2)

(c)

Appeal.—

 Notwithstanding section 43(c) of the Act of July 5, 1946 (known as the Trademark Act of 1946) (15 U.S.C. 1125(c)), buildings and structures on or eligible for inclusion on the National Register (either individually or as part of a historic district), or designated as an individual landmark or as a contributing building in a historic district by a unit of State or local government, may retain the name historically associated with the building or structure.128 STAT. 3194

 The Secretary shall promulgate regulations—

 At least once every 4 years, the Secretary, in consultation with the Council and with State Historic Preservation Officers, shall review significant threats to historic property to—

 The Secretary, in consultation with the National Conference of State Historic Preservation Officers and the National Trust, shall promulgate regulations for State Historic Preservation Programs. The regulations shall provide that a State program submitted to the Secretary under this chapter shall be approved by the Secretary if the Secretary determines that the program provides for—

(d)

State Fiscal Audit and Management System.—

(b)

Particular Responsibilities.—

(b)

Secretary.—

 In this chapter:

 Any State program approved under this subdivision shall provide a mechanism for the certification by the State Historic Preservation Officer of local governments to carry out the purposes of this division and provide for the transfer, in accordance with section 302902(c)(4) of this title, of a portion of the grants received by the States under this division, to those local governments.

(a)

Approved State Program.—

(c)

Recommendation.—

 Any local government—128 STAT. 3199

(b)

Communication and Cooperation.—

 An Indian tribe may assume all or any part of the functions of a State Historic Preservation Officer in accordance with sections 302302 and 302303 of this title, with respect to tribal land, as those responsibilities may be modified for tribal programs through regulations issued by the Secretary, if—

(4)

 In consultation with interested Indian tribes, other Native American organizations, and affected State Historic Preservation Officers, the Secretary shall establish and implement procedures for carrying out section 302902(c)(1)(A) of this title with respect to tribal programs that assume responsibilities under section 302702 of this title.

 At the request of an Indian tribe whose preservation program has been approved to assume functions and responsibilities pursuant to section 302702 of this title, the Secretary shall enter into a contract or cooperative agreement with the Indian tribe permitting the assumption by the Indian tribe of any part of the responsibilities described in section 302304(b) of this title on tribal land, if—

(3)

 The Council may enter into an agreement with an Indian tribe to permit undertakings on tribal land to be reviewed under tribal historic preservation regulations in place of review under regulations promulgated by the Council to govern compliance with section 306108 of this title, if the Council, after consultation with the Indian tribe and appropriate State Historic Preservation Officers, determines that the tribal preservation regulations will afford historic property consideration equivalent to that afforded by the Council’s regulations.

(c)

Hawaii.—

(b)

Conditions.—

(c)

Apportionment of Grant Amounts.—

128 STAT. 3203

(c)

Uses of Grants.—

(a)

In General.—

 The Secretary may, in consultation with the appropriate State Historic Preservation Officer, make grants or loans or both under this subdivision to Indian tribes and to nonprofit organizations representing ethnic or minority groups for the preservation of their cultural heritage.128 STAT. 3205

 The Secretary shall administer a program of direct grants to Indian tribes and Native Hawaiian organizations for the purpose of carrying out this division as it pertains to Indian tribes and Native Hawaiian organizations. Matching fund requirements may be modified. Federal funds available to an Indian tribe or Native Hawaiian organization may be used as matching funds for the purposes of the Indian tribe’s or Native Hawaiian organization’s conducting its responsibilities pursuant to this subdivision.

 No part of any grant made under this subdivision shall be used to compensate any person intervening in any proceeding under this division.

 A recipient of assistance under this division shall keep—

(1)

 To carry out this division (except chapter 3041) and chapter 3121, there is established in the Treasury the Historic Preservation Fund.

 For each of fiscal years 2012 to 2015, $150,000,000 shall be deposited in the Historic Preservation Fund from revenues due and payable to the United States under section 9 of the Outer Continental Shelf Lands Act (43 U.S.C. 1338), section 7433(b) of title 10, or both, notwithstanding any provision of law that those proceeds shall be credited to miscellaneous receipts of the Treasury.

 Amounts in the Historic Preservation Fund shall be used only to carry out this division and shall be available for expenditure only when appropriated by Congress. Any amount not appropriated shall remain available in the Historic Preservation Fund until appropriated for those purposes. Appropriations made pursuant to this section may be made without fiscal year limitation.

(b)

Loan Qualifications.—

(g)

Protection of Financial Interests of Federal Government.—

(h)

Conveyance to Governmental or Nongovernmental Entity of Property Acquired by Foreclosure.—

 The Secretary shall develop and make available to Federal agencies, State and local governments, private organizations and individuals, and other nations and international organizations pursuant to the World Heritage Convention, training in, and information concerning, professional methods and techniques for the preservation of historic property and for the administration of the historic preservation program at the Federal, State, and local level. The Secretary shall also develop mechanisms to provide information concerning historic preservation to the general public including students.

 The Secretary, in consultation with the Council and other appropriate Federal, tribal, Native Hawaiian, and non-Federal organizations, shall develop and implement a comprehensive preservation education and training program. The program shall include—

(4)

(a)

Establishment.—

(a)

Duties.—

 The Council may secure directly from any Federal agency information, suggestions, estimates, and statistics for the purpose of this chapter. Each Federal agency may furnish information, suggestions, estimates, and statistics to the extent permitted by law and within available funds.

 The members of the Council specified in paragraphs (2), (3), and (4) of section 304101(a) of this title shall serve without additional compensation. The other members of the Council shall receive $100 per diem when engaged in the performance of the duties of the Council. All members of the Council shall receive reimbursement for necessary traveling and subsistence expenses incurred by them in the performance of the duties of the Council.

(b)

General Counsel and Appointment of Other Attorneys.—

(f)

Financial and Administrative Services.—

(g)

Funds, Personnel, Facilities, and Services.—